title: RCW 79.135.160

text:
All leases of tidelands and beds of navigable waters for the purpose of planting and cultivating oysters, clams, or other edible shellfish shall expressly provide that if at any time after the granting of the lease, the described lands shall cease to be used for the purpose of oyster beds, clam beds, or other edible shellfish beds, they shall revert to and become the property of the state and that the lands are leased only for the purpose of cultivating oysters, clams, or other edible shellfish thereon, and that the state reserves the right to enter upon and take possession of the lands if at any time the lands are used for any other purpose than the cultivation of oysters, clams, or other edible shellfish.
[ 2005 c 155 s 706; 1982 1st ex.s. c 21 s 139. Formerly RCW 79.96.060.]

catchline: Leasing lands for shellfish cultivation or other aquaculture use—Reversion for use other than cultivation of shellfish.


doc_type: statute

jurisdiction: wa

title: RCW 79.135.170

text:
If from any cause any lands leased for the purpose of planting and cultivating oysters, clams, or other edible shellfish become unfit and valueless for any such purposes, the lessee or the lessee's assigns, upon certifying the fact under oath to the department, together with the fact that the lessee has abandoned the land, shall be entitled to make application for other lands for such purposes.
[ 2005 c 155 s 707; 1982 1st ex.s. c 21 s 140. Formerly RCW 79.96.070.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Leasing lands for shellfish cultivation or other aquaculture use—Abandonment—Application for other lands.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 79.135.200

text:
Beds of navigable waters held under contract or deed from the state of Washington upon which a private party is harvesting or cultivating geoduck shall be surveyed by the private party and a record of survey filed in compliance with chapter 58.09 RCW prior to harvest. Property corners will be placed in sufficient quantity and location to aid in relocation of the oyster tract lines occurring or extending below extreme low tide. Buoys on anchors must be placed intervisibly along and at angle points on any ownership boundaries that extend below extreme low tide, for the harvest term. The survey of privately owned beds of navigable waters will be established on the *Washington coordinate system in compliance with chapter 58.20 RCW and property corners labeled with their coordinates on the record of survey.
[ 2002 c 123 s 3. Formerly RCW 79.96.140.]
Notes:
*Reviser's note: The "Washington coordinate system" was renamed the "Washington plane coordinate system" by 2020 c 50.
Findings—2002 c 123: See note following RCW 79.135.010.

catchline: Geoduck harvest/cultivation—Survey of navigable waters by private party—Record of survey.


title: RCW 79.135.210

text:
(1) Except as provided in RCW 79.135.040, geoducks shall be sold as valuable materials under the provisions of *chapter 79.90 RCW. After confirmation of the sale, the department may enter into an agreement with the purchaser for the harvesting of geoducks. The department may place terms and conditions in the harvesting agreements as the department deems necessary. The department may enforce the provisions of any harvesting agreement by suspending or canceling the harvesting agreement or through any other means contained in the harvesting agreement. Any geoduck harvester may terminate a harvesting agreement entered into pursuant to this subsection if actions of a governmental agency, beyond the control of the harvester, its agents, or its employees, prohibit harvesting, for a period exceeding thirty days during the term of the harvesting agreement, except as provided within the agreement. Upon termination of the agreement by the harvester, the harvester shall be reimbursed by the department for the cost paid to the department on the agreement, less the value of the harvest already accomplished by the harvester under the agreement.
(2) Harvesting agreements under this title for the purpose of harvesting geoducks shall require the harvester and the harvester's agent or representatives to comply with all applicable commercial diving safety standards and regulations promulgated and implemented by the federal occupational safety and health administration established under the federal occupational safety and health act of 1970 as the law exists or as amended (84 Stat. 1590 et seq.; 29 U.S.C. Sec. 651 et seq.). However, for the purposes of this section and RCW 77.60.070, all persons who dive for geoducks are deemed to be employees as defined by the federal occupational safety and health act. All harvesting agreements shall provide that failure to comply with these standards is cause for suspension or cancellation of the harvesting agreement. Further, for the purposes of this subsection if the harvester contracts with another person or entity for the harvesting of geoducks, the harvesting agreement shall not be suspended or canceled if the harvester terminates its business relationship with such an entity until compliance with this subsection is secured.
(3) Beginning January 1, 2015, geoduck divers licensed under RCW 77.65.410 must annually complete the geoduck diver safety program established in RCW 43.30.560 in order to be maintained on a department of natural resources' harvest agreement plan of operation.
[ 2013 c 204 s 6. Prior: 2005 c 155 s 708; 2005 c 113 s 3; 2003 c 39 s 43; 1990 c 163 s 4; 1982 1st ex.s. c 21 s 141. Formerly RCW 79.96.080.]
Notes:
*Reviser's note: Chapter 79.90 RCW was recodified and/or repealed in its entirety by 2005 c 155.

catchline: Geoduck harvesting—Agreements, regulation—Geoduck diver safety program.


title: RCW 79.135.220

text:
The department shall designate the areas of state-owned aquatic lands that are available for geoduck harvesting by licensed geoduck harvesters in accordance with *chapter 79.90 RCW.
[ 2005 c 155 s 709; 1990 c 163 s 5; 1983 1st ex.s. c 46 s 129; 1979 ex.s. c 141 s 5. Formerly RCW 79.96.085, 75.28.286.]
Notes:
*Reviser's note: Chapter 79.90 RCW was recodified and/or repealed in its entirety by 2005 c 155.
Commercial harvesting of geoducks: RCW 77.60.070, 77.65.410.

catchline: Geoduck harvesting—Designation of aquatic lands.


title: RCW 79.135.230

text:
The department may enter into agreements with the department of fish and wildlife for the development of an intensive management plan for geoducks including the development and operation of a geoduck hatchery.
[ 2005 c 155 s 718; 1994 c 264 s 74; 1984 c 221 s 26. Formerly RCW 79.96.906.]
Notes:
Effective date—1984 c 221: See RCW 79.105.902.

catchline: Intensive management plan for geoducks.


title: RCW 79.135.300

text:
The department is authorized to lease first or second-class tidelands which have been or that are set aside as state oyster reserves in the same manner as provided elsewhere in this chapter for the lease of those lands.
[ 2005 c 155 s 710; 1982 1st ex.s. c 21 s 142. Formerly RCW 79.96.090.]

catchline: Lease of tidelands set aside as oyster reserves.


title: RCW 79.135.310

text:
The department, upon the receipt of an application for the lease of any first or second-class state-owned tidelands that are set aside as state oyster reserves, shall notify the director of fish and wildlife of the filing of the application describing the lands applied for. It is the duty of the director of fish and wildlife to inspect the reserve for the purpose of determining whether the reserve or any part of the reserve should be retained as a state oyster reserve or vacated.
[ 2005 c 155 s 711; 1994 c 264 s 71; 1982 1st ex.s. c 21 s 143. Formerly RCW 79.96.100.]

catchline: Inspection by director of fish and wildlife.


title: RCW 79.135.320

text:
(1) In the event that the fish and wildlife commission approves the vacation of the whole or any part of a reserve, the department may vacate and offer for lease the parts or all of the reserve as it deems to be for the best interest of the state, and all moneys received for the lease of the lands shall be paid to the department.
(2) Notwithstanding RCW 77.60.020, subsection (1) of this section, or any other provision of state law, the state oyster reserves in Eld Inlet, Hammersley Inlet, or Totten Inlet, situated in Mason or Thurston counties shall permanently be designated as state oyster reserve lands.
[ 2005 c 155 s 712; 2001 c 273 s 4; 2000 c 11 s 30; 1994 c 264 s 72; 1982 1st ex.s. c 21 s 144. Formerly RCW 79.96.110.]

catchline: Vacation of reserve—Lease of lands—Designated state oyster reserve lands.


title: RCW 79.135.400

text:
Unless the context clearly requires otherwise, the definition in this section applies throughout this chapter.
"Marine aquatic plants" means saltwater marine plant species that are dependent upon the marine aquatic or tidal environment, and exist in either an attached or free-floating state. Marine aquatic plants include but are not limited to seaweed of the classes Chlorophyta, Phaeophyta, and Rhodophyta.
[ 1993 c 283 s 2. Formerly RCW 79.96.200, 79.01.800.]
Notes:
Findings—1993 c 283: "The legislature finds that the plant resources of marine aquatic ecosystems have inherent value and provide essential habitat. These resources are also becoming increasingly valuable as economic commodities and may be declining. The legislature further finds that the regulation of harvest of these resources is currently inadequate to afford necessary protection." [ 1993 c 283 s 1.]

catchline: Seaweed—Marine aquatic plants defined.


title: RCW 79.135.410

text:
(1) The maximum daily wet weight harvest or possession of seaweed for personal use from all state-owned aquatic lands and all privately owned tidelands is ten pounds per person. The department in cooperation with the department of fish and wildlife may establish seaweed harvest limits of less than ten pounds for conservation purposes. This section shall in no way affect the ability of any state agency to prevent harvest of any species of marine aquatic plant from lands under its control, ownership, or management.
(2) Except as provided under subsection (3) of this section, commercial harvesting of seaweed from state-owned aquatic lands, and all privately owned tidelands is prohibited. This subsection shall in no way affect commercial seaweed aquaculture.
(3) Upon mutual approval by the department and the department of fish and wildlife, seaweed species of the genus Macrocystis may be commercially harvested for use in the herring spawn-on-kelp fishery.
(4) Importation of seaweed species of the genus Macrocystis into Washington state for the herring spawn-on-kelp fishery is subject to the fish and shellfish disease control policies of the department of fish and wildlife. Macrocystis shall not be imported from areas with fish or shellfish diseases associated with organisms that are likely to be transported with Macrocystis. The department shall incorporate this policy on Macrocystis importation into its overall fish and shellfish disease control policies.
[ 2005 c 155 s 715; 2003 c 334 s 442; 1996 c 46 s 1; 1994 c 286 s 1; 1993 c 283 s 3. Formerly RCW 79.96.210, 79.01.805.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Effective date—1994 c 286: "This act shall take effect July 1, 1994." [ 1994 c 286 s 6.]
Findings—1993 c 283: See note following RCW 79.135.400.

catchline: Seaweed—Personal use limit—Commercial harvesting prohibited—Exception—Import restriction.


title: RCW 79.135.420

text:
(1) It is unlawful to exceed the harvest and possession restrictions imposed under RCW 79.135.410.
(2) A violation of this section is a misdemeanor, and a violation taking place on state-owned aquatic lands is subject to the provisions of RCW 79.02.300.
(3) A person committing a violation of this section on private tidelands which he or she owns is liable to the state for treble the amount of damages to the seaweed resource, and a person trespassing on privately owned tidelands and committing a violation of this section is liable to the private tideland owner for treble the amount of damages to the seaweed resource. Damages recoverable include, but are not limited to, damages for the market value of the seaweed, for injury to the aquatic ecosystem, and for the costs of restoration. In addition, the person is liable for reimbursing the injured party for the party's reasonable costs, including but not limited to investigative costs and reasonable attorneys' fees and other litigation-related costs.
[ 2005 c 155 s 716. Prior: 2003 c 334 s 443; 2003 c 53 s 380; 1994 c 286 s 2; 1993 c 283 s 4. Formerly RCW 79.96.220, 79.01.810.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—1994 c 286: See note following RCW 79.135.410.
Findings—1993 c 283: See note following RCW 79.135.400.

catchline: Seaweed—Harvest and possession violations—Penalties and damages.


title: RCW 79.135.430

text:
The department of fish and wildlife and law enforcement authorities may enforce the provisions of RCW 79.135.410 and 79.135.420.
[ 2005 c 155 s 717; 2003 c 334 s 444; 1994 c 286 s 3; 1993 c 283 s 5. Formerly RCW 79.96.230, 79.01.815.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Effective date—1994 c 286: See note following RCW 79.135.410.
Findings—1993 c 283: See note following RCW 79.135.400.

catchline: Seaweed—Enforcement.


title: RCW 79.135.440

text:
(1) The department shall, consistent with this section, and subject to available funding, work with partners to establish a native kelp forest and eelgrass meadow health and conservation plan that endeavors to, by the year 2040, conserve and restore at least 10,000 acres of native kelp forests and eelgrass meadows. The plan should proactively and systematically address:
(a) The potential loss of native kelp forest and eelgrass meadow habitat throughout Puget Sound and along the Washington state coastline;
(b) Potential current and future stressors related to the decline of native kelp forests and eelgrass meadows; and
(c) Awareness, action, and engagement tools being used by public and private entities in the Puget Sound region to raise awareness of the importance of conserving and restoring native kelp forests and eelgrass meadows and reducing stressors related to their decline.
(2) The department shall develop the plan to assess and prioritize areas for coordinated conservation and restoration actions. The plan must consist of the following elements: Assessment and prioritization; identifying coordinated actions and success measures; monitoring; and reporting.
(a) The department shall, together with partners, develop a framework to identify and prioritize native kelp forest and eelgrass meadow areas in greatest need of conservation or restoration. The framework must:
(i) Incorporate conservation of native kelp forests and eelgrass meadows. Utilize and build on existing research to map and prioritize areas of native kelp forests and eelgrass meadows throughout Puget Sound and along the coast that are at highest risk of permanent loss, or contribute significant environmental, economic, and cultural benefits to tribal nations and local communities, including salmon recovery and water quality, and where opportunities for partnership and collaboration can accelerate progress towards the goal, and develop criteria by which an acre of kelp forests and eelgrass meadows can be considered to be conserved or restored;
(ii) Identify research necessary to analyze and assess potential ecological, environmental, and community benefits of aquaculture of native seaweed species;
(iii) Map and prioritize native kelp forest and eelgrass meadow areas throughout Puget Sound and along the coast where they were historically present, identifying priority locations for restoration, and where opportunities for partnership and collaboration exist that will accelerate progress towards the goal. This should include identification of sites where restoration may be possible and would most benefit nearshore ecosystem function, including where restoration could also support healthy kelp forests and eelgrass meadows, salmon recovery, water quality, and other ecosystem benefits, such as mitigating the negative effects of ocean acidification;
(iv) Identify potential stressors impacting the health and vitality of native kelp forests and eelgrass meadows in prioritized areas in order to specifically address them in conservation and restoration efforts.
(b) In developing coordinated actions and success measures, the department shall:
(i) Conduct an assessment and inventory of existing tools relevant to conserving and restoring native kelp forests and eelgrass meadows and reducing stressors related to their decline;
(ii) Identify new or amended tools that would support the goals of the plan created under this section; and
(iii) Identify success measures to track progress toward the conservation and restoration goal.
(3) In developing the plan, the department shall:
(a) Involve impacted communities using the community engagement plan developed under RCW 70A.02.050;
(b) Consult with federally recognized tribal nations, including consultation on the cultural and ecological importance of native kelp forests and eelgrass meadows now threatened by urbanization or other disturbances;
(c) Engage and collaborate with state and federal agencies, such as the national oceanic and atmospheric administration, the Northwest straits commission, the department of ecology, the department of fish and wildlife, the Puget Sound partnership, the recreation and conservation office, and the marine resources advisory council;
(d) Engage with representatives from other stakeholder groups that may have vested and direct interest in the outcomes of the plan including, but not limited to, shellfish growers, the boating industry, and recreational user communities.
(4)(a) By December 1, 2022, the department must submit a report in compliance with RCW 43.01.036 to the office of financial management and the appropriate committees of the legislature, to include community engagement plans and schedule for plan development. The native kelp forest and eelgrass meadow health and conservation plan must be finalized and submitted to the office of financial management and the appropriate committees of the legislature by December 1, 2023, including a map and justification of identified priority areas based on collaboratively developed criteria, and a list of potential tools and actions for conservation or restoration of these priority areas. A monitoring plan based on the identified success measures will also be submitted.
(b) Subsequently, each biennium, the department shall continue to monitor the distributions and trends of native kelp forests and eelgrass meadows to inform adaptive management of the plan and coordinated partner actions. The department shall submit a report to the legislature that describes the native kelp forest and eelgrass meadow conservation priority areas, and monitoring approaches and findings, including success measures established in the plan. Beginning December 1, 2024, and by December 1st of each even-numbered year thereafter, the department shall provide the appropriate committees of the legislature and the office of financial management with:
(i) An updated map of distributions and trends, and summary of success measures and findings, including relevant information from the prioritization process;
(ii) An updated list summarizing potential stressors, prioritized areas, and corresponding coordinated actions and success measures. The summary must include any barriers to plan implementation and legislative or administrative recommendations to address those barriers;
(iii) An update on the number of acres of native kelp forests and eelgrass meadows conserved by region, including restoration or loss in priority areas;
(iv) An update on consultation with federally recognized tribal nations; and
(v) An update on the department's community engagement plan or plans developed under RCW 70A.02.050.
[ 2022 c 230 s 2.]
Notes:
Findings—Intent—2022 c 230: "(1) The legislature finds that coastal ecosystems and marine vegetation provide an array of valuable ecosystem goods and services to deep water and nearshore environments in Puget Sound and along the coastline. In particular, kelp forests and eelgrass meadows act as three-dimensional foundations for diverse and productive nearshore ecosystems, supporting food webs and providing important habitat for a wide array of marine life, including orcas and threatened and endangered salmon and salmonid species. These marine forests and meadows play an important role in climate mitigation and adaptation by sequestering carbon and relieving impacts from ocean acidification. Marine vegetation can sequester up to 20 times more carbon than terrestrial forests, and therefore represent a critical tool in the fight against climate change.
(2) Washington state is home to 22 species of kelp and is a global hotspot for kelp diversity. However, these kelp forests are under threat and have declined in recent decades. A 2018 study conducted by the Samish Indian Nation on the bull kelp beds in the San Juan Islands found a 305-acre loss of kelp beds from 2006 to 2016, a 36 percent decline in one decade. A statewide study published in 2021 by the department of natural resources found that compared to the earliest baseline in 1878, the amount of bull kelp in 2017 had decreased by 63 percent in south Puget Sound, with individual areas showing up to 96 percent loss.
(3) The legislature also finds that kelp and eelgrass have important cultural value to northwest tribal nations and have provided diverse marine resources that have sustained and inspired indigenous traditions over generations. In particular, bull kelp has played a prominent role in traditional knowledge and technology and is used in fishing, hunting, and food preparation and storage. Decline in kelp forests threatens these uses, and the cultural livelihoods of Northwest tribal nations.
(4) Washington state's native eelgrass meadows (Zostera marina) also provide vital habitat for many organisms, including nursery habitat for juvenile salmon and feeder fish. Native eelgrass can provide a refuge for shellfish from the effects of ocean acidification. Native eelgrass also helps prevent erosion and maintain shoreline stability by anchoring seafloor sediment with its spreading roots and rhizomes. Native eelgrass is used as an indicator of estuary health, because of its fast response to changes in water quality. Examples of rapid native eelgrass loss include Westcott Bay in San Juan county, where in 2000 there were 37 acres of eelgrass meadows and 20 years later less than one acre remains. Changes in the abundance or distribution of this resource are likely to reflect changes in environmental conditions and therefore are key species to monitor and protect to ensure marine ecosystem health.
(5) Kelp forests and eelgrass meadows also provide and enhance diverse recreational opportunities, including productive fishing and picturesque kayaking and diving. These activities are important for local economies and for promoting strong senses of place and overall human well-being in communities.
(6) There is a need for greater education and outreach to communities to promote sustainable recreation practices in and near native kelp forests and eelgrass meadows, such as those called for in the Puget Sound kelp conservation and recovery plan.
(7) Existing regional plans for conservation of kelp forests and eelgrass meadows, including the Puget Sound kelp conservation and recovery plan (2020) and the Puget Sound eelgrass recovery strategy (2015), identify the need to prioritize areas for conservation and restoration based on historical and current distributions.
(8) Existing state plans for combatting ocean acidification in Washington, adopted in 2013 and 2017, identify actions to advance research and explore conservation and restoration of kelp and eelgrass, along with other aquatic vegetation, to help mitigate impacts of ocean acidification locally.
(9) The legislature further finds that our terrestrial and marine ecosystems are interlinked and the state must be proactive in conserving our resources from trees to seas by protecting and restoring our marine forests and meadows in concert with conservation and reforestation of terrestrial forests. Therefore, it is the intent of the legislature to conserve and restore 10,000 acres of native kelp forests and eelgrass meadows by 2040." [ 2022 c 230 s 1.]

catchline: Native kelp forest and eelgrass meadow health and conservation plan—Reports.


title: RCW 79.135.900

text:
The enactment of this act including all repeals, decodifications, and amendments shall not be construed as affecting any existing right acquired under the statutes repealed, decodified, or amended or under any rule, regulation, or order issued pursuant thereto; nor as affecting any proceeding instituted thereunder.
[ 1982 1st ex.s. c 21 s 181. Formerly RCW 79.96.901.]

catchline: Savings—1982 1st ex.s. c 21.


title: RCW 79.135.901

text:
Chapter and section headings as used in this act do not constitute any part of the law.
[ 1982 1st ex.s. c 21 s 182. Formerly RCW 79.96.902.]

catchline: Captions—1982 1st ex.s. c 21.


title: RCW 79.135.903

text:
Sections 176 (amending RCW 79.01.525) and 179 (creating a new section providing for an aquatic lands joint legislative committee) of this act are necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect immediately.
[ 1982 1st ex.s. c 21 s 185. Formerly RCW 79.96.904.]

catchline: Effective date—1982 1st ex.s. c 21 ss 176 and 179.


title: RCW 79.135.904

text:
Except as provided in *RCW 79.96.904, this act shall take effect July 1, 1983.
[ 1982 1st ex.s. c 21 s 186. Formerly RCW 79.96.905.]
Notes:
*Reviser's note: RCW 79.96.904 was recodified as RCW 79.135.903 pursuant to 2005 c 155 s 1010.

catchline: Effective date—1982 1st ex.s. c 21.


title: RCW 79.14.010

text:
As used in this chapter, "public lands" means lands and areas belonging to or held in trust by the state, including tide and submerged lands of the Pacific Ocean or any arm thereof and lands of every kind and nature including mineral rights reserved to the state.
[ 2003 c 334 s 471; 1967 c 163 s 6; 1955 c 131 s 1. Prior: 1937 c 161 s 1. Formerly RCW 78.28.280.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
1967 c 163 adopted to implement Amendment 42—Severability—1967 c 163: See notes following RCW 64.16.005.

catchline: Definitions.


title: RCW 79.14.020

text:
The department is authorized to lease public lands for the purpose of prospecting for, developing, and producing oil, gas, or other hydrocarbon substances. Each such lease is to be composed of not more than six hundred forty acres or an entire government surveyed section, except a lease on river bed, lake bed, tide and submerged lands which is to be composed of not more than one thousand nine hundred twenty acres. All leases shall contain such terms and conditions as may be prescribed by the rules adopted by the commissioner in accordance with the provisions of this chapter. Leases may be for an initial term of from five up to ten years and shall be extended for so long thereafter as lessee shall comply with one of the following conditions: (1) Prosecute development on the leased land with the due diligence of a prudent operator upon encountering oil, gas, or other hydrocarbon substances; (2) produce any of said substances from the leased lands; (3) engage in drilling, deepening, repairing, or redrilling any well thereon; or (4) participate in a unit plan to which the commissioner has consented under RCW 78.52.450.
[ 2003 c 334 s 472; 1986 c 34 s 1; 1985 c 459 s 2; 1955 c 131 s 2. Prior: 1937 c 161 ss 2, 3; 1927 c 255 ss 175, 176. Formerly RCW 78.28.290.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1985 c 459: See note following RCW 79.14.510.

catchline: Leases authorized—Terms—Duration.


title: RCW 79.14.030

text:
The department shall require as a prerequisite to the issuing of any lease a rental as set by the board but not less than one dollar and twenty-five cents per acre or such prorated share of the rental per acre as the state's mineral rights ownership for the first year of such lease, payable in advance to the department at the time the lease is awarded and a like rental annually in advance thereafter so long as such lease remains in force. However, the rental shall cease at such time as royalty accrues to the state from production from such lease. Commencing with the lease year beginning on or after oil, gas, or other hydrocarbon substances are first produced in quantities deemed paying quantities by lessee on the land subject to such lease, lessee shall pay a minimum royalty as set by the board but not less than five dollars per acre or fraction thereof or such prorated share of the rental per acre as the state's mineral rights ownership at the expiration of each year. Royalties payable by the lessee shall be the royalties from production as provided for in RCW 79.14.070 or the minimum royalty provided herein, whichever is greater. However, if such a lease is unitized, the minimum royalty shall be payable only on the leased acreage after production is obtained in such paying quantities from such lease.
[ 2003 c 334 s 473; 1985 c 459 s 3; 1980 c 151 s 1; 1955 c 131 s 3. Prior: 1937 c 161 s 4; 1927 c 255 s 176. Formerly RCW 78.28.300.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1985 c 459: See note following RCW 79.14.510.

catchline: Rental fees—Minimum royalties.


title: RCW 79.14.040

text:
No lessee shall commence any operation upon lands covered by the lease until such lessee has provided for compensation to owners of private rights therein according to law, or in lieu thereof, filed a surety bond with the department in an amount sufficient in the opinion of the commissioner to cover such compensation until the amount of compensation is determined by agreement, arbitration, or judicial decision and has provided for compensation to the state of Washington for damage to the surface rights of the state in accordance with the rules adopted by the department.
[ 2003 c 334 s 474; 1955 c 131 s 4. Prior: 1937 c 161 s 6; 1927 c 255 s 175. Formerly RCW 78.28.310.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Compensation to owners of private rights and to state for surface damage.


title: RCW 79.14.050

text:
All leases shall provide that if oil, gas or other hydrocarbon substances are not encountered on or before the end of the initial term, the lease shall not terminate if the lessee is then prosecuting drilling operations on the leased lands with due diligence, in which event the same shall remain in force so long as lessee shall keep one string of tools in operation on the leased lands, allowing not to exceed ninety days between the completion of one well and the commencement of the next until such substances are encountered in quantities deemed paying quantities by lessee. All leases shall further provide that if oil, gas or other hydrocarbon substances in paying quantities shall have been discovered on the leased lands prior to the expiration of the initial term, then in the event at any time after the expiration of the initial term production on the leased land shall cease from any cause, the lease shall not terminate provided lessee resumes operations for the drilling of a well or the restoration of production within ninety days from such cessation. The lease shall remain in force during the prosecution of such operations, and if production results therefrom, then so long as production continues.
[ 1985 c 459 s 4; 1955 c 131 s 5. Prior: 1937 c 161 s 7; 1927 c 255 s 180. Formerly RCW 78.28.320.]
Notes:
Severability—1985 c 459: See note following RCW 79.14.510.

catchline: Drilling operations beyond lease term—Lease provisions.


title: RCW 79.14.060

text:
Every lessee shall have the option of surrendering his or her lease as to all or any portion or portions of the land covered thereby at any time and shall be relieved of all liability thereunder with respect to the land so surrendered except for monetary payments theretofore accrued and except for physical damage to the premises embraced by his or her lease which have been occasioned by his or her operations.
[ 2013 c 23 s 258; 1955 c 131 s 6. Prior: 1937 c 161 ss 8, 10. Formerly RCW 78.28.330.]

catchline: Surrender of lease—Liability.


title: RCW 79.14.070

text:
All oil and gas leases issued pursuant to this chapter shall be upon a royalty of not less than twelve and one-half percent of the gross production of all oil, gas or other hydrocarbons produced and saved from the lands covered by such lease.
[ 1955 c 131 s 7. Prior: 1937 c 161 s 9; 1927 c 255 s 176. Formerly RCW 78.28.340.]

catchline: Royalties.


title: RCW 79.14.080

text:
Oil and gas leases shall not be issued on unleased lands which have been classified by the department as being within a known geologic structure of a producing oil or gas field, except as follows: Upon application of any person, the department shall lease in areas not exceeding six hundred forty acres, at public auction, any or all unleased lands within such geologic structure to the person offering the greatest cash bonus therefor at such auction. Notice of the offer of such lands for lease will be given by publication in a newspaper of general circulation in Olympia, Washington, and in such other publications as the department may authorize. The first publication shall be at least thirty days prior to the date of sale.
[ 2003 c 334 s 475; 1955 c 131 s 8. Prior: 1937 c 161 ss 5, 11. Formerly RCW 78.28.350.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Leases of land within a geologic structure.


title: RCW 79.14.090

text:
The department is authorized to cancel any lease issued as provided in this section for nonpayment of rentals or royalties or nonperformance by the lessee of any provision or requirement of the lease. However, before any such cancellation is made, the department shall mail to the lessee by registered mail, addressed to the post office address of such lessee shown by the records of the department, a notice of intention to cancel such lease specifying the default for which the lease is subject to cancellation. If lessee shall, within thirty days after the mailing of said notice to the lessee, commence and thereafter diligently and in good faith prosecute the remedying of the default specified in such notice, then no cancellation of the lease shall be entered by the department. Otherwise, the cancellation shall be made and all rights of the lessee under the lease shall automatically terminate, except that lessee shall retain the right to continue its possession and operation of any well or wells in regard to which lessee is not in default. Further, failure to pay rental and royalty required under leases within the time prescribed therein shall automatically and without notice work a forfeiture of such leases and of all rights thereunder. Upon the expiration, forfeiture, or surrender of any lease, no new lease covering the lands or any of them embraced by such expired, forfeited, or surrendered lease, shall be issued for a period of ten days following the date of such expiration, forfeiture, or surrender. If more than one application for a lease covering such lands or any of them shall be made during such ten-day period the department shall issue a lease to such lands or any of them to the person offering the greatest cash bonus for such lease at a public auction to be held at the time and place and in the manner as the department shall adopt by rule.
[ 2003 c 334 s 476; 1955 c 131 s 9. Prior: 1937 c 161 s 12; 1927 c 255 s 179. Formerly RCW 78.28.360.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Cancellation or forfeiture of leases—New leases.


title: RCW 79.14.100

text:
For the purpose of more properly conserving the natural resources of any oil or gas pool, field, or like area, lessees thereon and their representatives may unite with each other, or jointly or separately with others, in collectively adopting and operating under a cooperative or unit plan of development or operation of such pool, field, or like area, or any part thereof, whenever determined and certified by the department to be necessary or advisable in the public interest. The department is authorized, in its discretion, with the consent of the holders of leases involved, in order to conform with the terms and conditions of any such cooperative or unit plan to establish, alter, change, or revoke exploration, drilling, producing, rental, and royalty requirements of such leases with like consent on the part of the lessees, in connection with the institution and operation of any such cooperative or unit plan as the department may deem necessary or proper to secure the proper protection of the public interest.
When separate tracts cannot be independently developed and operated in conformity with an established well spacing or development program, any lease or any portion thereof may be pooled with other lands, whether or not owned by the state of Washington under a communization or drilling agreement providing for an apportionment of production or royalties among the separate tracts of land comprising the drilling or spacing unit when determined by the department to be in the public interest, and operations or production pursuant to such an agreement shall be deemed to be operations or production as to each such lease committed thereto.
The term of any lease that has become the subject of any cooperative or unit plan of development or operation of a pool, field, or like area, which plan has the approval of the department, shall continue in force until the termination of such plan, and in the event such plan is terminated prior to the expiration of any such lease, the original term of such lease shall continue. Any lease under this chapter hereinafter committed to any such plan embracing lands that are in part within and in part outside of the area covered by any such plan, shall be segregated in separate leases as to the lands committed and the land not committed as of the effective date of unitization.
[ 2003 c 334 s 477; 1955 c 131 s 10. Prior: 1937 c 161 s 14. Formerly RCW 78.28.370.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Cooperative or unit plans—Communization or drilling agreements.


title: RCW 79.14.110

text:
The department is authorized to insert in any lease issued under the provisions of this chapter such terms as are customary and proper for the protection of the rights of the state and of the lessee and of the owners of the surface of the leased lands not in conflict with the provisions of this chapter.
[ 2003 c 334 s 478; 1955 c 131 s 11. Prior: 1937 c 161 s 15; 1927 c 255 s 178. Formerly RCW 78.28.380.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Customary provisions in leases.


title: RCW 79.14.120

text:
The department is required to adopt and publish, for the information of the public, all reasonable rules necessary for carrying out the provisions of this chapter. The department may amend or rescind any rule adopted under the authority contained in this section. However, no rule or amendment of the same or any order rescinding any rule shall become effective until after thirty days from the adoption of the same by publication in a newspaper of general circulation published at the state capitol and shall take effect and be in force at times specified therein. All rules of the department and all amendments or revocations of existing rules shall be recorded in an appropriate book or books, shall be adequately indexed, and shall be kept in the office of the department and shall constitute a public record. Such rules of the department shall be printed in pamphlet form and furnished to the public free of cost.
[ 2003 c 334 s 479; 1955 c 131 s 12. Prior: 1937 c 161 s 16; 1927 c 255 s 178. Formerly RCW 78.28.390.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Rules.


title: RCW 79.14.130

text:
Each lease issued under this chapter shall provide that without the approval of the department, no well shall be drilled on the lands demised thereby in such manner or at such location that the producing interval thereof shall be less than three hundred thirty feet from any of the outer boundaries of the demised lands, except that if the right to oil, gas, or other hydrocarbons underlying adjoining lands be vested in private ownership, such approval shall not be required.
[ 2003 c 334 s 480; 1955 c 131 s 13. Prior: 1937 c 161 s 17. Formerly RCW 78.28.400.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Wells to be located minimum distance from boundaries—Exception.


title: RCW 79.14.140

text:
Any person granted a lease under the provisions of this chapter shall have a right-of-way over public lands, as provided by law, when necessary, for the drilling, recovering, saving, and marketing of oil, gas, or other hydrocarbons. Before any such right-of-way grant shall become effective, a written application for, and a plat showing the location of such a right-of-way and the land necessary for the well site and drilling operations, with reference to adjoining lands, shall be filed with the department. All timber on the right-of-way and the land necessary for the drilling operation, shall be appraised by the commissioner and paid for in money by the person to whom the lease is granted.
[ 2003 c 334 s 481; 1955 c 131 s 14. Prior: 1937 c 161 s 18. Formerly RCW 78.28.410.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Rights-of-way over public lands—Payment for timber.


title: RCW 79.14.150

text:
All sales of timber, as prescribed in this chapter, shall be made subject to the right, power, and authority of the department to adopt rules governing the manner of the removal of the merchantable timber upon any lands embraced within any lease with the view of protecting the same and other timber against destruction or injury by fire or from other causes. The rules shall be binding upon the lessee, his or her successors in interest, and shall be enforced by the department.
[ 2003 c 334 s 482; 1955 c 131 s 15. Prior: 1937 c 161 s 19. Formerly RCW 78.28.420.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Sales of timber—Rules.


title: RCW 79.14.160

text:
After the discovery of oil, gas or other hydrocarbons in paying quantities, lessee shall proceed to develop the oil, gas or other hydrocarbons in the lands covered thereby through the drilling of such wells as will efficiently extract the oil, gas or other hydrocarbons therefrom and such development shall take into account the productiveness of the producing horizon, the depth at which it occurs, the average cost of wells, the market requirements obtaining at any given time, and the maintenance of proper oil and gas ratios.
[ 1955 c 131 s 16. Prior: 1937 c 161 s 20. Formerly RCW 78.28.430.]

catchline: Development after discovery.


title: RCW 79.14.170

text:
All leases shall contain such terms, conditions, and provisions as will protect the interests of the state with reference to spacing of wells for the purpose of offsetting any wells on privately owned lands.
[ 1955 c 131 s 17. Prior: 1937 c 161 s 21. Formerly RCW 78.28.440.]

catchline: Spacing and offsetting of wells.


title: RCW 79.14.180

text:
Nothing contained in this chapter shall be construed as requiring the department to offer any tract or tracts of land for lease; but the department shall have power to withhold any tract or tracts from leasing for oil, gas, or other hydrocarbons, if, in its judgment, the best interest of the state will be served by so doing.
[ 2003 c 334 s 483; 1955 c 131 s 18. Prior: 1937 c 161 s 24. Formerly RCW 78.28.450.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Lands may be withheld from leasing.


title: RCW 79.14.190

text:
The lessee shall pay to the department the market value at the well of the state's royalty share of oil and other hydrocarbons except gas produced and saved and delivered by lessee from the lease. In lieu of receiving payment for the market value of the state's royalty share of oil, the department may elect that such royalty share of oil be delivered in kind at the mouth of the wells into tanks provided by the department. Lessee shall pay to the department the state's royalty share of the sale price received by the lessee for gas produced and saved and sold from the lease. If such gas is not sold but is used by lessee for the manufacture of gasoline or other products, lessee shall pay to the department the market value of the state's royalty share of the residue gas and other products, less a proper allowance for extraction costs.
[ 2003 c 334 s 484; 1955 c 131 s 19. Prior: 1937 c 161 s 25. Formerly RCW 78.28.460.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Payment of royalty share—Royalty in kind.


title: RCW 79.14.200

text:
All exploration permits issued by the department prior to June 9, 1955, which have not expired or been legally canceled for nonperformance by the permittees, are hereby declared to be valid and existing contracts with the state of Washington, according to their terms and provisions. The obligation of the state to conform to the terms and provisions of such permits is hereby recognized, and the department is directed to accept and recognize all such permits according to their express terms and provisions. No repeal or amendment made by this chapter shall affect any right acquired under the law as it existed prior to such repeal or amendment, and such right shall be governed by the law in effect at time of its acquisition. Any permit recognized and confirmed by this section may be relinquished to the state by the permittee, and a new lease or, if such permit contains more than six hundred forty acres, new leases in the form provided for in this chapter, shall be issued in lieu of same and without bonus therefor; but the new lease or leases so issued shall be as provided for in this chapter and governed by the applicable provisions of this chapter instead of by the law in effect prior thereto.
[ 2003 c 334 s 485; 1955 c 131 s 20. Prior: 1937 c 161 s 26. Formerly RCW 78.28.470.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Prior permits validated—Relinquishment for new leases.


title: RCW 79.14.210

text:
Any oil or gas lease issued under the authority of this chapter may be assigned or subleased as to all or part of the acreage included therein, subject to final approval by the department, and as to either a divided or undivided interest therein to any person. Any assignment or sublease shall take effect as of the first day of the lease month following the date of filing with the department. However, at the department's discretion, it may disapprove an assignment of a separate zone or deposit under any lease or of a part of a legal subdivision. Upon approval of any assignment or sublease, the assignee or sublessee shall be bound by the terms of the lease to the same extent as if such assignee or sublessee were the original lessee, any conditions in the assignment or sublease to the contrary notwithstanding. Any partial assignment of any lease shall segregate the assigned and retained portions thereof, and upon approval of such assignment by the department, the assignor shall be released and discharged from all obligations thereafter accruing with respect to the assigned lands.
[ 2003 c 334 s 486; 1955 c 131 s 21. Prior: 1937 c 161 s 27. Formerly RCW 78.28.480.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Assignments and subleases of leases.


title: RCW 79.14.220

text:
Any applicant for a lease under this chapter, feeling aggrieved by any order, decision, or rule of the commissioner, concerning the same, may appeal therefrom to the superior court of the county wherein such lands are situated, as provided by RCW 79.02.030.
[ 2003 c 334 s 487; 1955 c 131 s 22. Prior: 1937 c 161 s 28. Formerly RCW 78.28.490.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Appeal from rulings of commissioner.


title: RCW 79.14.300

text:
(1) Except as provided in subsection (2) of this section, the department may issue permits and leases for prospecting, and contracts for the mining of valuable minerals and specified materials, except rock, gravel, sand, silt, coal, or hydrocarbons, upon and from any public lands belonging to or held in trust by the state, or which have been sold and the minerals thereon reserved by the state in tracts not to exceed six hundred forty acres or an entire government-surveyed section.
(2) The department may not issue permits and leases on aquatic lands along the Washington coast from Cape Flattery south to Washington's southern boundary, nor in Grays Harbor, Willapa Bay, and the Columbia river downstream from the Longview bridge, for purposes of exploration, development, or seabed mining of hard minerals. For the purposes of this section, "hard minerals" means natural deposits of valuable minerals other than rock, gravel, sand, silt, coal, or hydrocarbons. Hard minerals include, but are not limited to, metals and placer deposits of metals, nonmetallic minerals, gemstones, ores, gold, silver, copper, lead, iron, manganese, silica, chrome, platinum, tungsten, zirconium, titanium, garnet, and phosphorus.
[ 2021 c 181 s 1; 2003 c 334 s 401; 1987 c 20 s 1; 1965 c 56 s 2; 1927 c 255 s 155; RRS s 7797-155. Prior: 1917 c 148 s 1; 1915 c 152 s 1; 1897 c 102 s 1. Formerly RCW 79.01.616, 78.20.010, part, and 78.20.020.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Prospecting and mining contracts—Authority—Exceptions.


title: RCW 79.14.310

text:
The department may offer nonrenewable placer mining contracts by public auction for the mining of gold under terms set by the department. In the case of lands known to contain valuable minerals or specified materials in commercially significant quantities, the department may offer mining contracts by public auction.
[ 2003 c 334 s 402; 1987 c 20 s 2. Formerly RCW 79.01.617.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Prospecting and mining—Public auction of mining contracts.


title: RCW 79.14.315

text:
The department may issue permits for recreational mineral prospecting in designated areas containing noneconomic mineral deposits. The term of a permit shall not exceed one year. Designated areas, equipment allowed, methods of prospecting, as well as other appropriate permit conditions, shall be set in rules adopted by the department. Fees shall be set by the board of natural resources.
[ 1987 c 20 s 15. Formerly RCW 79.01.651.]

catchline: Recreational prospecting permits.


title: RCW 79.14.320

text:
The department may adopt rules necessary for carrying out the mineral leasing, contracting, and permitting provisions of RCW 79.14.300 through 79.14.450. Such rules shall be enacted under chapter 34.05 RCW. The department may amend or rescind any rules adopted under this section. The department shall publish these rules in pamphlet form for the information of the public.
[ 2003 c 334 s 403; 1987 c 20 s 3; 1983 c 3 s 200; 1965 c 56 s 3. Formerly RCW 79.01.618.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Department may adopt rules.


title: RCW 79.14.330

text:
Any person desiring to obtain a lease for mineral prospecting purposes upon any lands in which the mineral rights are owned or administered by the department, shall file in the proper office of the department an application or applications therefor, upon the prescribed form, together with application fees. The department may reject an application for a mineral prospecting lease when the department determines rejection to be in the best interests of the state, and in such case shall inform the applicant of the reason for rejection and refund the application fee. The department may also reject the application and declare the application fee forfeited should the applicant fail to execute the lease.
[ 2003 c 334 s 404; 1987 c 20 s 4; 1965 c 56 s 4; 1927 c 255 s 156; RRS s 7797-156. Prior: 1917 c 148 s 2; 1901 c 151 ss 1, 2; 1897 c 102 ss 2, 5. Formerly RCW 79.01.620, 78.20.010, part, and RCW 78.20.030.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Prospecting lease—Application fee.


title: RCW 79.14.340

text:
Where the surface rights are held by a third party, the lessee shall not exercise the rights reserved by the state upon lands covered by the lessee's lease or contract until the lessee has provided the department with satisfactory evidence of compliance with the requirements of the state's mineral rights reservations. Where the surface rights are held by the state, the lessee shall not exercise its mineral rights upon lands covered by the lessee's lease or contract until the lessee has made satisfactory arrangements with the department to compensate the state for loss or damage to the state's surface rights.
[ 1987 c 20 s 5; 1965 c 56 s 5; 1927 c 255 s 157; RRS s 7797-157. Prior: 1917 c 148 s 3; 1899 c 147 s 1; 1897 c 102 s 6. Formerly RCW 79.01.624, 78.20.040.]

catchline: Compensation for loss or damage to surface rights.


title: RCW 79.14.350

text:
Leases for prospecting purposes may be for a term of up to seven years from the date of the lease. The lessee shall pay an annual lease rental as set by the board of natural resources. The annual lease rental shall be paid in advance. The lessee shall not have the right to extract and remove for commercial sale or use from the leased premises any minerals or specified materials found on the premises except upon obtaining a mining contract. The lessee shall perform annual prospecting work in cost amounts as set by the board of natural resources. The lessee may make payment to the department in lieu of the performance of annual prospecting work for up to three years during the term of the lease. Prospecting work performed must contribute to the mineral evaluation of the leased premises.
The lessee may at any time give notice of intent to terminate the lease if all of the covenants of the lease including reclamation are met. The notice of termination of lease shall be made by giving written notice together with copies of all information obtained from the premises. The lease shall terminate sixty days thereafter if all arrears and sums which are due under the lease up to the time of termination have been paid.
[ 1987 c 20 s 6; 1965 c 56 s 6; 1945 c 103 s 1; 1927 c 255 s 158; RRS s 7797-158. Prior: 1897 c 102 ss 4, 5. Formerly RCW 79.01.628, 78.20.050.]


title: RCW 79.14.360

text:
The holder of any prospecting lease shall have a preference right to a mining contract on the premises described in the lease if application therefor is made to the department at least one hundred eighty days prior to the expiration of the prospecting lease.
A lessee applying for a mining contract shall furnish plans for development leading toward production. The plans shall address the reclamation of the property. A mining contract shall be for a term of twenty years.
The first year of the contract and each year thereafter, the lessee shall perform development work in cost amounts as set by the board. The lessee may make payment to the department in lieu of development work.
The lessee may at any time give notice of intent to terminate the contract if all of the covenants of the contract including reclamation are met. The notice of termination of contract shall be made by giving written notice together with copies of all information obtained from the premises. The contract shall terminate sixty days thereafter if all arrears and sums which are due under the contract up to the time of termination have been paid.
The lessee shall have sixty days from the termination date of the contract in which to remove improvements, except those necessary for the safety and maintenance of mine workings, from the premises without material damage to the land or subsurface covered by the contract. However, the lessee shall upon written request to the department be granted an extension where forces beyond the control of the lessee prevent removal of the improvements within sixty days.
Any lessee not converting a prospecting lease to a mining contract shall not be entitled to a new prospecting lease on the lease premises for one year from the expiration date of the prior lease. Such lands included in the prospecting lease shall be open to application by any person other than the prior lessee, and the lessee's agents or associates during the year period described above.
[ 2003 c 334 s 405; 1987 c 20 s 7; 1965 c 56 s 7; 1927 c 255 s 159; RRS s 7797-159. Prior: 1901 c 151 s 4. Formerly RCW 79.01.632, 78.20.060.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Conversion to mining contract.


title: RCW 79.14.370

text:
Where the surface rights have been sold and the minerals retained by the state, the state's right of entry to these lands is transferred and assigned to the lessee during the life of the lease or contract. No lessee shall commence any operation upon lands covered by his or her lease or contract until the lessee has complied with RCW 79.14.340.
[ 2003 c 334 s 406; 1987 c 20 s 8; 1965 c 56 s 8. Formerly RCW 79.01.633.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Prospecting and mining—Lessee's rights and duties.


title: RCW 79.14.380

text:
The department shall terminate and cancel a prospecting lease or mining contract upon failure of the lessee to make payment of the annual rental or royalties or comply with the terms and conditions of the lease or contract upon the date such payments and compliances are due. The lessee shall be notified of such termination and cancellation, said notice to be mailed to the last known address of the lessee. Termination and cancellation shall become effective thirty days from the date of mailing the notice. However, the department may, upon written request from the lessee, grant an extension of time in which to make such payment or comply with the terms and conditions.
[ 2003 c 334 s 407; 1987 c 20 s 9; 1965 c 56 s 9. Formerly RCW 79.01.634.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Prospecting and mining—Termination for default.


title: RCW 79.14.390

text:
Prospecting leases or mining contracts referred to in chapter 79.14 RCW shall be as prescribed by, and in accordance with rules adopted by the department.
The department may include in any mineral prospecting lease or mining contract to be issued under this chapter such terms and conditions as are customary and proper for the protection of the rights of the state and of the lessee not in conflict with this chapter, or rules adopted by the department.
Any lessee shall have the right to contract with others to work or operate the leased premises or any part thereof or to subcontract the same and the use of the land or any part thereof for the purpose of mining for valuable minerals or specified materials, with the same rights and privileges granted to the lessee. Notice of such contracting or subcontracting with others to work or operate the property shall be made in writing to the department.
[ 2003 c 334 s 408; 1987 c 20 s 10; 1965 c 56 s 11; 1927 c 255 s 161; RRS s 7797-161. Prior: 1917 c 148 s 3; 1899 c 147 s 1; 1897 c 102 s 6. Formerly RCW 79.01.640, 78.20.080.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Prospecting leases and mining contracts—Form, terms, conditions.


title: RCW 79.14.400

text:
At time of termination for any mineral prospecting lease, permit, mining contract, or placer mining contract, the premises shall be reclaimed in accordance with plans approved by the department.
[ 1987 c 20 s 11. Formerly RCW 79.01.642.]

catchline: Prospecting and mining—Reclamation of premises.


title: RCW 79.14.410

text:
Mining contracts entered into as provided in chapter 79.14 RCW shall provide for the payment to the state of production royalties as set by the board. A lessee shall pay in advance annually a minimum royalty which shall be set by the board. The minimum royalty shall be allowed as a credit against production royalties due during the contract year.
[ 2003 c 334 s 409; 1987 c 20 s 12; 1965 c 56 s 12; 1959 c 257 s 38; 1945 c 103 s 2; 1927 c 255 s 162; Rem. Supp. 1945 s 7797-162. Prior: 1917 c 148 s 4; 1901 c 151 s 3; 1897 c 89 s 7. Formerly RCW 79.01.644, 78.20.090.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Prospecting and mining—Minimum royalty.


title: RCW 79.14.420

text:
The lessee may apply for the renewal of a mining contract, except placer mining contracts issued pursuant to RCW 79.14.310, to the department within ninety days before the expiration of the contract. Upon receipt of the application, the department shall make the necessary investigation to determine whether the terms of the contract have been complied with, and if the department finds they have been complied with in good faith, the department shall renew the contract. The terms and conditions of the renewal contract shall remain the same except for royalty rates, which shall be determined by reference to then existing law.
[ 2003 c 334 s 410; 1987 c 20 s 13. Formerly RCW 79.01.645.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Mining contracts—Renewal of contract.


title: RCW 79.14.430

text:
The holders of two or more mining contracts may consolidate the contracts under a common management to permit proper operation of large scale developments. Notification of such consolidation shall be made to the department, together with a statement of plans of operation and proposed consolidation. The department may thereafter make examinations and investigations and if it finds that such consolidation is not in the best interest of the state, it shall disapprove such consolidated operation.
[ 2003 c 334 s 411; 1965 c 56 s 13; 1945 c 103 s 3 (adding a new section to 1927 c 255, section 162-1); Rem. Supp. 1945 s 7797-162a. Formerly RCW 79.01.648, 78.20.100.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Prospecting and mining—Consolidation.


title: RCW 79.14.440

text:
Any person designated by the department shall have the right at any time to enter upon the lands and inspect and examine the structures, works, and mines situated thereon, and shall also have the right to examine such books, records, and accounts of the lessee as are directly connected with the determination of royalties on the property under lease from the state but it shall be unlawful for any person so appointed to disclose any information thus obtained to any person other than the departmental officials and employees, except the attorney general and prosecuting attorneys of the state.
[ 2003 c 334 s 412; 1965 c 56 s 14. Formerly RCW 79.01.649.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Prospecting and mining—Disclosure of information.


title: RCW 79.14.450

text:
The state shall have the right to sell or otherwise dispose of any surface resource, timber, rock, gravel, sand, silt, coal, or hydrocarbons, except minerals or materials specifically covered by a mineral prospecting lease or mining contract, found upon the land during the period covered by the lease or contract. The state shall also have the right to enter upon such land and remove same, and shall not be obliged to withhold from any sale any timber for prospecting or mining purposes. The lessee shall, upon payment to the department, have the right to cut and use timber found on the leased premises for mining purposes as provided in rules adopted by the department.
[ 2003 c 334 s 413; 1987 c 20 s 14; 1965 c 56 s 15. Formerly RCW 79.01.650.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Prospecting and mining—Disposition of materials not covered by lease or contract.


title: RCW 79.14.470

text:
The department is authorized to execute option contracts and leases for the mining and extraction of coal from any public lands of the state, or to which it may hereafter acquire title, or from any lands sold or leased by the state the minerals of which have been reserved by the state.
[ 2003 c 334 s 414; 1927 c 255 s 163; RRS s 7797-163. Prior: 1925 ex.s. c 155 s 1. Formerly RCW 79.01.652, 78.24.010.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Leases and option contracts authorized.


title: RCW 79.14.480

text:
Any citizen of the United States believing coal to exist upon any of the lands described in RCW 79.14.470 may apply to the department for an option contract for any amount not exceeding one section for prospecting purposes, such application to be made by legal subdivision according to the public land surveys. The applicant shall pay to the department, at the time of filing the application, the sum of one dollar an acre for the lands applied for, but in no case less than fifty dollars. In case of the refusal of the department to execute an option contract for the lands, any remainder of the sum so paid, after deducting the expense incurred by the department in investigating the character of the land, shall be returned to the applicant.
[ 2003 c 334 s 415; 1927 c 255 s 164; RRS s 7797-164. Prior: 1925 ex.s. c 155 s 2. Formerly RCW 79.01.656, 78.24.020.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Application for option contract—Fee.


title: RCW 79.14.490

text:
(1) Upon the filing of any such application, the department shall forthwith investigate the character of the lands applied for, and if, from such investigation, it deems it to be in the best interests of the state, it shall enter into an option contract with the applicant.
(2) The holder of any option contract shall be entitled, during the period of one year from the date thereof, to:
(a) Enter upon the lands and carry on such work of exploration, examination, and prospecting for coal as may be necessary to determine the presence of coal upon the lands and the feasibility of mining the same; and
(b) Use such timber found upon the lands and owned by the state as may be necessary for steam purposes and timbering in the examination and prospecting of such lands. However, this provision shall not be construed to require the state to withhold any such timber from sale.
(3) No coal shall be removed from such lands during the period of such option contract except for samples and testing.
(4) At the expiration of the option contract, the applicant shall fill or cover in a substantial manner all prospect holes and shafts, or surround the same with substantial fences, and shall file with the department a report showing in detail the result of the applicant's investigation and prospecting.
[ 2003 c 334 s 416; 1927 c 255 s 165; RRS s 7797-165. Prior: 1925 ex.s. c 155 s 3. Formerly RCW 79.01.660, 78.24.030.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Investigation and issue of option contract.


title: RCW 79.14.500

text:
In the case of lands which the state may have sold or leased and reserved the mineral rights therein, if the holder of any option contract or lease is unable to agree with the owner or prior lessee of the lands, the holder shall have a right of action in the superior court of the county in which the land is situated to ascertain and determine the amount of damages which will accrue to such owner or lessee of the land by reason of the entry thereon and prospecting for or mining coal, as the case may be. In the event of any such action, the term of the option contract or lease shall begin thirty days after the entry of the final judgment in such action.
[ 2003 c 334 s 417; 1927 c 255 s 166; RRS s 7797-166. Prior: 1925 ex.s. c 155 s 4. Formerly RCW 79.01.664, 78.24.070.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Damage to surface owner or lessee.


title: RCW 79.14.510

text:
At any time during the life of the option contract, the holder thereof may apply to the department for a coal mining lease of the lands included therein, or such portion thereof as the holder may specify, for the purpose of mining and extraction of coal therefrom. Such coal mining lease shall be for such term, not more than twenty years, and in such form as may be prescribed by the department, shall entitle the lessee to mine and sell and dispose of all coal underlying said lands and to occupy and use so much of the surface thereof as may be necessary for bunkers and other outside works, and for railroads, buildings, appliances, and appurtenances in connection with the mining operations. Such lease shall provide for the payment to the state of a royalty, according to the grade of coal, for each ton of two thousand pounds of merchantable coal taken from the lands, as follows: For lignite coal of the class commonly found in Lewis and Thurston counties, not less than ten cents per ton; for subbituminous coal, not less than fifteen cents per ton; for high grade bituminous and coking coals, not less than twenty cents per ton; but such lease shall provide for the payment each year of a minimum royalty of not less than one nor more than ten dollars an acre for the lands covered thereby. However, the department may agree with the lessee that said minimum royalty shall be graduated for the different years of said lease so that a lower minimum royalty shall be paid during the earlier years of the term. The minimum royalty fixed in the lease shall be paid in advance each year, and the lessee, at stated periods during the term of the lease, fixed by the department, shall furnish to the department a written report under oath showing the amount of merchantable coal taken from the land during the period covered by such report and shall remit therewith such sum in excess of the minimum royalty theretofore paid for the current year as may be payable as royalty for the period covered by such report.
The department shall incorporate in every lease such provisions and conditions not inconsistent with the provisions of this chapter and not inconsistent with good coal mining practice as it deems necessary and proper for the protection of the state, and, in addition thereto, the department is empowered to adopt such rules, not inconsistent with this chapter and not inconsistent with good mining practice, governing the manner and methods of mining as in its judgment are necessary and proper.
[ 2003 c 334 s 418; 1985 c 459 s 1; 1927 c 255 s 167; RRS s 7797-167. Prior: 1925 ex.s. c 155 s 5. Formerly RCW 79.01.668, 78.24.040.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1985 c 459: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1985 c 459 s 10.]

catchline: Lease—Application, terms, royalties.


title: RCW 79.14.520

text:
In the case of lands known to contain workable coal, the department may, in its discretion, issue coal mining leases under the provisions of RCW 79.14.510 although no option contract has been theretofore issued for such lands.
[ 2003 c 334 s 419; 1927 c 255 s 168; RRS s 7797-168. Prior: 1925 ex.s. c 155 s 6. Formerly RCW 79.01.672, 78.24.050.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Lease without option contract.


title: RCW 79.14.530

text:
The commissioner or any person designated by the commissioner has the right at any time to enter upon the lands and inspect and examine the structures, works, and mines situated thereon, and also has the right to examine such books, records, and accounts of the lessee as are directly connected with the operation of the mine on the property under lease from the state; but it shall be unlawful for the commissioner or any person so appointed to disclose any information thus obtained to any person other than the commissioner or an employee of the department, except the attorney general and prosecuting attorneys of the state.
[ 2003 c 334 s 420; 1927 c 255 s 169; RRS s 7797-169. Prior: 1925 ex.s. c 155 s 7. Formerly RCW 79.01.676, 78.24.060.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Confidential information.


title: RCW 79.14.540

text:
The state shall have the right to sell or otherwise dispose of any timber, stone, or other valuable materials, except coal, found upon the land during the period covered by any option contract, or lease issued under the foregoing provisions, with the right to enter upon such lands and cut and remove the same, and shall not be obliged to withhold from sale any timber for coal mining or prospecting purposes. However, the lessee shall be permitted to use in mining operations any timber found upon the land, first paying therefor to the department the value thereof as fixed by the department. Further, any bill of sale for the removal of timber, stone, or other material given subsequent to the coal lease shall contain provisions preventing any interference with the operations of the coal lease.
[ 2003 c 334 s 421; 1927 c 255 s 170; RRS s 7797-170. Prior: 1925 ex.s. c 155 s 8. Formerly RCW 79.01.680, 78.24.080.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Use and sale of materials from land.


title: RCW 79.14.550

text:
Should the lessee for any reason, except strikes or inability to mine or dispose of output without loss, suspend mining operations upon the lands included in a lease, or upon any contiguous lands operated by the lessee in connection therewith, for a period of six months, or should the lessee for any reason suspend mining operations upon the lands included in a lease or in such contiguous lands for a period of twelve months, the department may, at its option, cancel the lease, first giving thirty days' notice in writing to the lessee.
The lessee shall have the right to terminate the lease after thirty days' written notice to the department and the payment of all royalties and rentals then due.
[ 2003 c 334 s 422; 1927 c 255 s 171; RRS s 7797-171. Prior: 1925 ex.s. c 155 s 9. Formerly RCW 79.01.684, 78.24.090.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Suspension of mining—Termination of lease.


title: RCW 79.14.560

text:
Upon the termination of any lease issued under the foregoing provisions, the lessee shall surrender the lands and premises and leave in good order and repair all shafts, slopes, airways, tunnels, and watercourses then in use. Unless the coal therein is exhausted, the lessee shall also, as far as it is reasonably practicable so to do, leave open to the face all main entries then in use so that the work of further development and operation may not be unnecessarily hampered. The lessee shall also leave on the premises all buildings and other structures, but shall have the right to, without damage to such buildings and structures, remove all tracks, machinery, and other personal property.
[ 2003 c 334 s 423; 1927 c 255 s 172; RRS s 7797-172. Prior: 1925 ex.s. c 155 s 10. Formerly RCW 79.01.688, 78.24.100.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Condition of premises on termination.


title: RCW 79.14.570

text:
If at the expiration of any lease for the mining and extraction of coal or any renewal thereof the lessee desires to re-lease the lands covered thereby, the lessee may make application to the department for a re-lease. Such application shall be in writing and under oath, setting forth the extent, character, and value of all improvements, development work, and structures existing upon the land. The department may on the filing of such application cause the lands to be inspected, and if the department deems it for the best interests of the state to re-lease said lands, it shall fix the royalties for the ensuing term in accordance with the foregoing provisions relating to original leases, and issue to the applicant a renewal lease for a further term; such application for a release when received from the lessee, or successor of any lessee, who has in good faith developed and improved the property in a substantial manner during the original lease to be given preference on equal terms against the application of any new applicant.
[ 2003 c 334 s 424; 1927 c 255 s 173; RRS s 7797-173. Prior: 1925 ex.s. c 155 s 11. Formerly RCW 79.01.692, 78.24.110.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Re-lease—Procedure—Preference rights.


title: RCW 79.14.580

text:
It shall be unlawful for the holder of any coal mining option contract, or any lessee, to commit any waste upon the lands embraced therein, except as may be incident to the work of prospecting or mining by the option contract holder or lessee.
[ 2003 c 334 s 425; 1927 c 255 s 174; RRS s 7797-174. Prior: 1925 ex.s. c 155 s 12. Formerly RCW 79.01.696, 78.24.120.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Waste prohibited.


title: RCW 79.14.900

text:
If any provision or section of this chapter shall be adjudicated to be unconstitutional, such adjudication shall not affect the validity of this chapter as a whole or any part thereof not adjudicated unconstitutional. If any provision of this chapter, or the application of such provision to any person or circumstances is held unconstitutional, invalid or unenforceable, the remainder of this chapter or the application of such provision to persons or circumstances other than those as to which it is held unconstitutional, invalid or unenforceable, shall not be affected thereby.
[ 1955 c 131 s 23. Formerly RCW 78.28.900.]

catchline: Severability—1955 c 131.


title: RCW 79.140.010

text:
(1) When the department decides to sell any valuable materials situated within or upon any state-owned aquatic lands, it is the duty of the department to fix the date, place, and time of sale, and no sale shall be had on any day that is a legal holiday.
(2) The department shall give notice of the sale by advertisement published once a week for four consecutive weeks immediately preceding the date fixed for sale in the notice, in at least one newspaper published and of general circulation in the county in which the whole or any part of any lot, block, or tract of land containing the valuable material to be sold is situated, and by causing a copy of the notice to be posted in a conspicuous place in the department's Olympia office and the region headquarters administering the sale.
(3) The notice shall: (a) Specify the place and time of sale; (b) estimate the volume of valuable materials; (c) state the appraised value; (d) describe with particularity each parcel of land from which valuable materials are to be sold; and (e) specify that the terms of sale will be posted in the area headquarters and the department's Olympia office.
[ 2005 c 155 s 801. FORMERLY PART OF RCW 79.90.170.]

catchline: Manner of sale—Notice.


title: RCW 79.140.020

text:
The department shall print a list of valuable materials contained within or upon state-owned aquatic lands, giving appraised value, character of the land, and such other information as may be of interest to prospective buyers. The lists must be issued at least four weeks prior to the date of any sale. The department shall retain for free distribution in its office in Olympia and the regional offices sufficient copies of the lists, to be kept in a conspicuous place or receptacle on the counter of the general and regional office of the department, and, when requested, shall mail copies of the list as issued to any applicant.
[ 2005 c 155 s 802. FORMERLY PART OF RCW 79.90.180.]

catchline: List of valuable materials.


title: RCW 79.140.030

text:
The department is authorized to expend any sum in additional advertising of the sale as is determined to be in the best interests of the state.
[ 2005 c 155 s 803. FORMERLY PART OF RCW 79.90.190.]

catchline: Expenditures for advertising.


title: RCW 79.140.040

text:
Any sale that has been offered, and for which there are no bids received, shall not be reoffered until it has been readvertised as specified in RCW 79.140.010 through 79.140.030. If all sales cannot be offered within the specified time on the advertised date, the sale shall continue on the following day between the hours of ten o'clock a.m. and four o'clock p.m.
[ 2005 c 155 s 804. FORMERLY PART OF RCW 79.90.200.]

catchline: Reoffer of sale—Readvertised.


title: RCW 79.140.050

text:
All sales of valuable materials shall be at public auction or by sealed bid to the highest responsible bidder, on the terms prescribed by law and as specified in the notice provided, and no land or materials shall be sold for less than their appraised value. However:
(1) When valuable material has been appraised at an amount not exceeding one hundred thousand dollars, the department, when authorized by the board, may arrange for the sale at public auction of said valuable material and for its removal under such terms and conditions as the department may prescribe, after the department shall have caused to be published not less than ten days prior to sale a notice of such sale in a newspaper of general circulation located nearest to the property to be sold;
(2) Any sale of valuable material on state-owned aquatic lands of an appraised value of ten thousand dollars or less may be sold directly to the applicant for cash without notice or advertising.
[ 2005 c 155 s 805. FORMERLY PART OF RCW 79.90.210.]
Notes:
Sales of aquaculture products by a leaseholder: RCW 79.135.040.

catchline: Sale by public auction/sealed bid—Exception.


title: RCW 79.140.060

text:
(1) To determine the "highest responsible bidder" under RCW 79.140.050, the department shall be entitled to consider, in addition to price, the following:
(a) The financial and technical ability of the bidder to perform the contract;
(b) Whether the bid contains material defects;
(c) Whether the bidder has previously or is currently complying with terms and conditions of any other contracts with the state or relevant contracts with entities other than the state;
(d) Whether the bidder was the "highest responsible bidder" for a sale within the previous five years but failed to complete the sale, such as by not entering into a resulting contract or by not paying the difference between the deposit and the total amount due. However, sales that were bid prior to January 1, 2003, may not be considered for the purposes of this subsection (1)(d);
(e) Whether the bidder has been convicted of a crime relating to the public lands or natural resources of the state of Washington, the United States, or any other state, tribe, or country, where "conviction" includes a guilty plea, or unvacated forfeiture of bail;
(f) Whether the bidder is owned, controlled, or managed by any person, partnership, or corporation that is not responsible under this statute; and
(g) Whether the subcontractors of the bidder, if any, are responsible under this statute.
(2) Whenever the department has reason to believe that the apparent high bidder is not a responsible bidder, the department may award the sale to the next responsible bidder or the department may reject all bids pursuant to RCW 79.140.080.
[ 2005 c 155 s 806. FORMERLY PART OF RCW 79.90.215.]

catchline: Determination of highest responsible bidder.


title: RCW 79.140.070

text:
(1) Sales by public auction under this chapter shall be conducted under the direction of the department, by its authorized representative. The department's representatives are referred to as auctioneers.
(2) On or before the time specified in the notice of sale each bidder shall deposit with the auctioneer, in cash or by certified check, cashier's check, or postal money order payable to the order of the department, or by bid guarantee in the form of bid bond acceptable to the department, an amount equal to the deposit specified in the notice of sale. The deposit shall include a specified amount of the appraised price for the valuable materials offered for sale, together with any fee required by law for the issuance of contracts or bills of sale. The deposit may, when prescribed in the notice of sale, be considered an opening bid of an amount not less than the minimum appraised price established in the notice of sale. The successful bidder's deposit will be retained by the auctioneer and the difference, if any, between the deposit and the total amount due shall on the day of the sale be paid in cash, certified check, cashier's check, draft, postal money order, or by personal check made payable to the department. If a bid bond is used, the share of the total deposit due guaranteed by the bid bond shall, within ten days of the day of sale, be paid in cash, certified check, cashier's check, draft, or postal money order payable to the department. Other deposits, if any, shall be returned to the respective bidders at the conclusion of each sale.
(3) The auctioneer shall deliver to the purchaser a memorandum of purchase containing a description of the materials purchased, the price bid, and the terms of the sale.
(4) The auctioneer shall at once send to the department the cash, certified check, cashier's check, draft, postal money order, or bid guarantee received from the purchaser, and a copy of the memorandum delivered to the purchaser, together with such additional report of the auctioneer's proceedings with reference to the sales as may be required by the department.
[ 2005 c 155 s 807. FORMERLY PART OF RCW 79.90.220.]

catchline: Sales by public auction—Procedure.


title: RCW 79.140.080

text:
(1) A sale of valuable materials shall be confirmed if:
(a) No affidavit showing that the interest of the state in such a sale was injuriously affected by fraud or collusion, is filed with the department's Olympia office within ten days from the receipt of the report of the auctioneer conducting the sale;
(b) It appears from the report that the sale was fairly conducted, that the purchaser was the highest responsible bidder at the sale, and that the sale price is not less than the appraised value of the property sold;
(c) The department is satisfied that the material sold would not, upon being readvertised and offered for sale, sell for a substantially higher price; and
(d) The payment required by law to be made at the time of making the sale has been made, and that the best interests of the state are being served.
(2) Upon confirming a sale, the department shall enter upon its records the confirmation of sale and issue to the purchaser a contract of sale or bill of sale as the case may be, as is provided for in this chapter.
[ 2005 c 155 s 808. FORMERLY PART OF RCW 79.90.240.]

catchline: Confirmation of sale.


title: RCW 79.140.100

text:
The department is authorized and empowered to confer with and enter into any agreements with the public authorities of the state of Oregon, which in the judgment of the department will assist the state of Washington and the state of Oregon in securing the maximum revenues for sand, gravel, or other valuable materials taken from the bed of the Columbia river where the river forms the boundary line between the states.
[ 2005 c 155 s 109; 1991 c 322 s 24; 1982 1st ex.s. c 21 s 19. Formerly RCW 79.90.130.]
Notes:
Findings—Intent—1991 c 322: See note following RCW 86.12.200.

catchline: Valuable materials from Columbia river—Agreements with Oregon.


title: RCW 79.140.110

text:
When gravel, rock, sand, silt, or other material from any state-owned aquatic lands is removed by any public agency or under public contract for channel or harbor improvement, or flood control, use of the material may be authorized by the department for a public purpose on land owned or leased by the state or any municipality, county, or public corporation. However, when no public land site is available for deposit of the material, its deposit on private land with the landowner's permission is authorized and may be designated by the department to be for a public purpose. Prior to removal and use, the state agency, municipality, county, or public corporation contemplating or arranging the use shall first obtain written permission from the department. No payment of royalty shall be required for the gravel, rock, sand, silt, or other material used for the public purpose, but a charge will be made if the material is subsequently sold or used for some other purpose. Further, the department may authorize the public agency or private landowner to dispose of the material without charge when necessary to implement disposal of material. No charge shall be required for any use of the material obtained under the provisions of this chapter when used solely on an authorized site. No charge shall be required for any use of the material obtained under the provisions of this chapter if the material is used for public purposes by local governments. Public purposes include, but are not limited to, construction and maintenance of roads, dikes, and levies. Nothing in this section shall repeal or modify the provisions of *RCW 77.55.100 or eliminate the necessity of obtaining a permit for the removal from other state or federal agencies as otherwise required by law.
[ 2005 c 155 s 110; 2003 c 39 s 41; 1991 c 337 s 1; 1982 1st ex.s. c 21 s 21. Formerly RCW 79.90.150.]
Notes:
*Reviser's note: RCW 77.55.100 was repealed by 2005 c 146 s 1006. For later enactment, see RCW 77.55.021.

catchline: Material removed for channel or harbor improvement or flood control—Use for public purpose.


title: RCW 79.140.130

text:
In no case shall any valuable materials situated within or upon any tidelands, shorelands, or beds of navigable waters belonging to the state, be offered for sale unless the same shall have been appraised by the department of natural resources within ninety days prior to the date fixed for the sale.
[ 2005 c 155 s 809. FORMERLY PART OF RCW 79.90.110.]

catchline: Prior appraisal required.


title: RCW 79.140.140

text:
When valuable materials are sold separate from state-owned aquatic lands and the purchase price is paid in full, the department shall cause a bill of sale, signed by the commissioner and attested by the seal of the commissioner's office, setting forth the time within which the material shall be removed. The bill of sale shall be issued to the purchaser and shall be recorded in the department's Olympia office, upon the payment of the fee provided for in this chapter.
[ 2005 c 155 s 126; 1982 1st ex.s. c 21 s 35. Formerly RCW 79.90.290.]

catchline: Bill of sale for valuable material sold separately.


title: RCW 79.140.150

text:
The department, upon application by any person or when determined by the department to be in the best interest of the state, may enter into a contract or lease providing for the removal and sale of rock, gravel, sand, and silt, or other valuable materials located within or upon beds of navigable waters, or upon any state-owned tidelands or shorelands and providing for payment to be made by such royalty as the department may fix, by negotiation, by sealed bid, or at public auction. If application is made for the purchase of any valuable material situated within or upon state-owned aquatic lands the department shall inspect and appraise the value of the material in the application.
[ 2005 c 155 s 127; 1991 c 322 s 26; 1982 1st ex.s. c 21 s 36. Formerly RCW 79.90.300.]
Notes:
Findings—Intent—1991 c 322: See note following RCW 86.12.200.

catchline: Sale of rock, gravel, sand, silt, and other valuable materials.


title: RCW 79.140.160

text:
Each application made pursuant to RCW 79.140.150 shall set forth the estimated quantity and kind of materials desired to be removed and shall be accompanied by a map or plat showing the area from which the applicant wishes to remove the materials. The department may in its discretion include in any lease or contract entered into pursuant to RCW 79.140.150 through 79.140.170, terms and conditions deemed necessary by the department to protect the interests of the state. In each lease or contract the department shall provide for a right of forfeiture by the state, upon a failure to operate under the lease or contract or pay royalties or rent for periods therein stipulated, and the department shall require a bond with a surety company authorized to transact a surety business in this state, as surety to secure the performance of the terms and conditions of the contract or lease including the payment of royalties. The right of forfeiture shall be exercised by entry of a declaration of forfeiture in the records of the department. The amount of rock, gravel, sand, or silt taken under the contract or lease shall be reported monthly by the purchaser to the department and payment made on the basis of the royalty provided in the lease or contract.
[ 2005 c 155 s 128; 1982 1st ex.s. c 21 s 37. Formerly RCW 79.90.310.]

catchline: Sale of rock, gravel, sand, and silt—Application—Terms of lease or contract—Bond—Payment—Reports.


title: RCW 79.140.170

text:
The department may inspect and audit books, contracts, and accounts of each person removing rock, gravel, sand, or silt pursuant to any lease or contract under RCW 79.140.150 and 79.140.160 and make such other investigation and secure or receive any other evidence necessary to determine whether or not the state is being paid the full amount payable to it for the removal of the materials.
[ 2005 c 155 s 129; 1982 1st ex.s. c 21 s 38. Formerly RCW 79.90.320.]

catchline: Sale of rock, gravel, sand, and silt—Investigation, audit of books of person removing.


title: RCW 79.140.180

text:
Whenever, pursuant to RCW 79.15.300, the department enters into a contract for the sale and removal of rock, gravel, sand, or silt out of a riverbed, the department shall, when establishing a royalty, take into consideration flood protection value to the public that will arise as a result of the removal.
[ 2005 c 155 s 130; 2003 c 334 s 602; 1984 c 212 s 10. Formerly RCW 79.90.325, 79.01.135.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Contract for sale of rock, gravel, etc.—Royalties—Consideration of flood protection value.


title: RCW 79.140.190

text:
(1) Except as provided in subsection (2) of this section, the department may issue permits and leases for prospecting, placer mining contracts, and contracts for the mining of valuable minerals and specific materials, except rock, gravel, sand, silt, coal, or hydrocarbons, upon and from any state-owned aquatic lands, or which have been sold and the minerals reserved by the state in tracts not to exceed six hundred forty acres or an entire government-surveyed section. The procedures contained at RCW 79.14.300 through 79.14.450, inclusive, shall apply.
(2) The department may not issue permits and leases on state-owned aquatic lands along the Washington coast from Cape Flattery south to Washington's southern boundary, nor in Grays Harbor, Willapa Bay, and the Columbia river downstream from the Longview bridge, for purposes of exploration, development, or mining of hard minerals. For the purposes of this section, "hard minerals" has the same meaning as defined in RCW 79.14.300(2).
[ 2021 c 181 s 2; 2005 c 155 s 131; 2003 c 334 s 603; 1987 c 20 s 16; 1982 1st ex.s. c 21 s 39. Formerly RCW 79.90.330.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Leases and permits for prospecting and contracts for mining valuable minerals and specific materials from aquatic lands—Exceptions.


title: RCW 79.140.200

text:
The department is authorized to execute option contracts for prospecting purposes and leases for the mining and extraction of coal from any state-owned aquatic lands or from which it may acquire title, or from any aquatic lands sold or leased by the state the minerals of which have been reserved by the state. The procedures contained at RCW 79.14.470 through 79.14.580, inclusive, shall apply.
[ 2005 c 155 s 132; 2003 c 334 s 604; 1982 1st ex.s. c 21 s 40. Formerly RCW 79.90.340.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Option contracts for prospecting and leases for mining and extraction of coal from aquatic lands.