title: RCW 78.56.090

text:
(1) In the processing of an application for an initial waste discharge permit for a tailings facility pursuant to the requirements of chapter 90.48 RCW, the department of ecology shall consider site-specific criteria in determining a preferred location of tailings facilities of metals mining and milling operations and incorporate the requirements of all known available and reasonable methods in order to maintain the highest possible standards to insure the purity of all waters of the state in accordance with the public policy identified by RCW 90.48.010.
In implementing the siting criteria, the department shall take into account the objectives of the proponent's application relating to mining and milling operations. These objectives shall consist of, but not be limited to (a) operational feasibility, (b) compatibility with optimum tailings placement methods, (c) adequate volume capacity, (d) availability of construction materials, and (e) an optimized embankment volume.
(2) To meet the mandate of subsection (1) of this section, siting of tailings facilities shall be accomplished through a two-stage process that consists of a primary alternatives screening phase, and a secondary technical site investigation phase.
(3) The primary screening phase will consist of, but not be limited to, siting criteria based on considerations as to location as follows:
(a) Proximity to the one hundred year floodplain, as indicated in the most recent federal emergency management agency maps;
(b) Proximity to surface and ground water;
(c) Topographic setting;
(d) Identifiable adverse geologic conditions, such as landslides and active faults; and
(e) Visibility impacts of the public generally and residents more particularly.
(4) The department of ecology, through the primary screening process, shall reduce the available tailings facility sites to one or more feasible locations whereupon a technical site investigation phase shall be conducted by the department for the purpose of verifying the adequacy of the remaining potential sites. The technical site investigations phase shall consist of, but not be limited to, the following:
(a) Soil characteristics;
(b) Hydrologic characteristics;
(c) A local and structural geology evaluation, including seismic conditions and related geotechnical investigations;
(d) A surface water control analysis; and
(e) A slope stability analysis.
(5) Upon completion of the two phase evaluation process set forth in this section, the department of ecology shall issue a site selection report on the preferred location. This report shall address the above criteria as well as analyze the feasibility of reclamation and stabilization of the tailings facility. The siting report may recommend mitigation or engineering factors to address siting concerns. The report shall be developed in conjunction with the preparation of and contained in an environmental impact statement prepared pursuant to chapter 43.21C RCW. The report may be utilized by the department of ecology for the purpose of providing information related to the suitability of the site and for ruling on an application for a waste discharge permit.
(6) The department of ecology may, at its discretion, require the applicant to provide the information required in either phase one or phase two as described in subsections (3) and (4) of this section.
[ 1994 c 232 s 9.]

catchline: Initial waste discharge permits for tailings facilities—Siting criteria—Primary screening process—Technical site investigation—Site selection report.


doc_type: statute

jurisdiction: wa

title: RCW 78.56.100

text:
(1) In order to receive a waste discharge permit from the department of ecology pursuant to the requirements of chapter 90.48 RCW or in order to operate a metals mining and milling tailing facility, an applicant proposing a metals mining and milling operation regulated under this chapter must meet the following additional requirements:
(a) Any tailings facility shall be designed and operated to prevent the release of pollution and must meet the following standards:
(i) Operators shall apply all known available and reasonable technology to limit the concentration of potentially toxic materials in the tailings facility to assure the protection of wildlife and human health;
(ii) The tailings facility shall have a containment system that includes an engineered liner system, leak detection and leak collection elements, and a seepage collection impoundment to assure that a leak of any regulated substance under chapter 90.48 RCW will be detected before escaping from the containment system. The design and management of the facility must ensure that any leaks from the tailings facility are detected in a manner which allows for remediation pursuant to chapter 90.48 RCW. The applicant shall prepare a detailed engineering report setting forth the facility design and construction. The applicant shall submit the report to the department of ecology for its review and approval of a design as determined by the department. Natural conditions, such as depth to groundwater or net rainfall, shall be taken into account in the facility design, but not in lieu of the protection required by the engineered liner system;
(iii) The toxicity of mine or mill tailings and the potential for long-term release of regulated substances from mine or mill tailings shall be reduced to the greatest extent practicable through stabilization, removal, or reuse of the substances; and
(iv) The closure of the tailings facility shall provide for isolation or containment of potentially toxic materials and shall be designed to prevent future release of regulated substances contained in the impoundment;
(b) The applicant must develop a waste rock management plan approved by the department of ecology and the department of natural resources which emphasizes pollution prevention. At a minimum, the plan must contain the following elements:
(i) An accurate identification of the acid generating properties of the waste rock;
(ii) A strategy for encapsulating potentially toxic material from the environment, when appropriate, in order to prevent the release of heavy metals and acidic drainage; and
(iii) A plan for reclaiming and closing waste rock sites which minimizes infiltration of precipitation and runoff into the waste rock and which is designed to prevent future releases of regulated substances contained within the waste rock;
(c) If an interested citizen or citizen group so requests of the department of ecology, the metals mining and milling operator or applicant shall work with the department of ecology and the interested party to make arrangements for citizen observation and verification in the taking of required water samples. While it is the intent of this subsection to provide for citizen observation and verification of water sampling activities, it is not the intent of this subsection to require additional water sampling and analysis on the part of the mining and milling operation or the department. The citizen observation and verification program shall be incorporated into the applicant's, operator's, or department's normal sampling regimen and shall occur at least once every six months. There is no duty of care on the part of the state or its employees to any person who participates in the citizen observation and verification of water sampling under chapter 232, Laws of 1994 and the state and its employees shall be immune from any civil lawsuit based on any injuries to or claims made by any person as a result of that person's participation in such observation and verification of water sampling activities. The metals mining and milling operator or applicant shall not be liable for any injuries to or claims made by any person which result from that person coming onto the property of the metals mining and milling operator or applicant as an observer pursuant to chapter 232, Laws of 1994. The results from these and all other relevant water sampling activities shall be kept on file with the relevant county and shall be available for public inspection during normal working hours; and
(d) An operator or applicant for a metals mining and milling operation must complete a voluntary reduction plan in accordance with RCW 70A.214.110.
(2) Only those tailings facilities constructed after April 1, 1994, must meet the requirement established in subsection (1)(a) of this section. Only those waste rock holdings constructed after April 1, 1994, must meet the requirement established in subsection (1)(b) of this section.
[ 2021 c 65 s 86; 1994 c 232 s 10.]
Notes:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Waste discharge permits for metals mining and milling operations tailing facilities—Pollution control standards—Waste rock management plan—Citizen observation and verification of water samples—Voluntary reduction plan—Application of this section.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 78.56.110

text:
(1) The department of ecology shall not issue necessary permits to an applicant for a metals mining and milling operation until the applicant has deposited with the department of ecology a performance security which is acceptable to the department of ecology based on the requirements of subsection (2) of this section. This performance security may be:
(a) Bank letters of credit;
(b) A cash deposit;
(c) Negotiable securities;
(d) An assignment of a savings account;
(e) A savings certificate in a Washington bank; or
(f) A corporate surety bond executed in favor of the department of ecology by a corporation authorized to do business in the state of Washington under Title 48 RCW.
The department of ecology may, for any reason, refuse any performance security not deemed adequate.
(2) The performance security shall be conditioned on the faithful performance of the applicant or operator in meeting the following obligations:
(a) Compliance with the environmental protection laws of the state of Washington administered by the department of ecology, or permit conditions administered by the department of ecology, associated with the construction, operation, and closure pertaining to metals mining and milling operations, and with the related environmental protection ordinances and permit conditions established by local government when requested by local government;
(b) Reclamation of metals mining and milling operations that do not meet the threshold of surface mining as defined by RCW 78.44.031(17);
(c) Postclosure environmental monitoring as determined by the department of ecology; and
(d) Provision of sufficient funding as determined by the department of ecology for cleanup of potential problems revealed during or after closure.
(3) The department of ecology may, if it deems appropriate, adopt rules for determining the amount of the performance security, requirements for the performance security, requirements for the issuer of the performance security, and any other requirements necessary for the implementation of this section.
(4) The department of ecology may increase or decrease the amount of the performance security at any time to compensate for any alteration in the operation that affects meeting the obligations in subsection (2) of this section. At a minimum, the department shall review the adequacy of the performance security every two years.
(5) Liability under the performance security shall be maintained until the obligations in subsection (2) of this section are met to the satisfaction of the department of ecology. Liability under the performance security may be released only upon written notification by the department of ecology.
(6) Any interest or appreciation on the performance security shall be held by the department of ecology until the obligations in subsection (2) of this section have been met to the satisfaction of the department of ecology. At such time, the interest shall be remitted to the applicant or operator. However, if the applicant or operator fails to comply with the obligations of subsection (2) of this section, the interest or appreciation may be used by the department of ecology to comply with the obligations.
(7) Only one agency may require a performance security to satisfy the deposit requirements of RCW 78.44.087, and only one agency may require a performance security to satisfy the deposit requirements of this section. However, a single performance security, when acceptable to both the department of ecology and the department of natural resources, may be utilized by both agencies to satisfy the requirements of this section and RCW 78.44.087.
[ 1995 c 223 s 1; 1994 c 232 s 11.]

catchline: Performance security required—Conditions—Department of ecology authority to adopt requirements—Liability under performance security.


title: RCW 78.56.120

text:
The department of ecology may, with staff, equipment, and material under its control, or by contract with others, remediate or mitigate any impact of a metals mining and milling operation when it finds that the operator or permit holder has failed to comply with relevant statutes, rules, or permits, and the operator or permit holder has failed to take adequate or timely action to rectify these impacts.
If the department intends to remediate or mitigate such impacts, the department shall issue an order to submit performance security requiring the permit holder or surety to submit to the department the amount of moneys posted pursuant to RCW 78.56.110. If the amount specified in the order to submit performance security is not paid within twenty days after issuance of the notice, the attorney general upon request of the department shall bring an action on behalf of the state in a superior court to recover the amount specified and associated legal fees.
The department may proceed at any time after issuing the order to submit performance security to remediate or mitigate adverse impacts.
The department shall keep a record of all expenses incurred in carrying out any remediation or mitigation activities authorized under this section, including:
(1) Remediation or mitigation;
(2) A reasonable charge for the services performed by the state's personnel and the state's equipment and materials utilized; and
(3) Administrative and legal expenses related to remediation or mitigation.
The department shall refund to the surety or permit holder all amounts received in excess of the amount of expenses incurred. If the amount received is less than the expenses incurred, the attorney general, upon request of the department of ecology, may bring an action against the permit holder on behalf of the state in the superior court to recover the remaining costs listed in this section.
[ 1995 c 223 s 2; 1994 c 232 s 12.]

catchline: Remediation or mitigation by department of ecology—Order to submit performance security.


title: RCW 78.56.130

text:
(1) The legislature finds that the construction and operation of large-scale metals mining and milling facilities may create new job opportunities and enhance local tax revenues. However, the legislature also finds that such operations may also result in new demands on public facilities owned and operated by local government entities, such as public streets and roads; publicly owned parks, open space, and recreation facilities; school facilities; and fire protection facilities in jurisdictions that are not part of a fire district. It is important for these economic impacts to be identified as part of any proposal for a large-scale metals mining and milling operation. It is then appropriate for the county legislative authority to balance expected revenues, including revenues derived from taxes paid by the owner of such an operation, and costs associated with the operation to determine to what degree any new costs require mitigation by the metals mining applicant.
(2) An applicant for a large-scale metals mining and milling operation regulated under this chapter must submit to the relevant county legislative authority an impact analysis describing the economic impact of the proposed mining operation on local governmental units. For the purposes of this section, a metals mining operation is large-scale if, in the construction or operation of the mine and the associated milling facility, the applicant and contractors at the site employ more than thirty-five persons during any consecutive six-month period. The relevant county is the county in which the mine and mill are to be sited, unless the economic impacts to local governmental units are projected to substantially affect more than one county. In that case, the impact plan must be submitted to the legislative authority of all affected counties. Local governmental units include counties, cities, towns, school districts, and special purpose districts.
(3) The economic impact analysis shall include at least the following information:
(a) A timetable for development of the mining operation, including the opening date of the operation and the estimated closing date;
(b) The estimated number of persons coming into the impacted area as a result of the development of the mining operation;
(c) An estimate of the increased capital and operating costs to local governmental units for providing services necessary as a result of the development of the mining operation; and
(d) An estimate of the increased tax or other revenues accruing to local governmental units as a result of development of the mining and milling operation.
(4) The county legislative authority of a county planning under chapter 36.70A RCW may assess impact fees under chapter 82.02 RCW to address economic impacts associated with development of the mining operation. The county legislative authority shall hold at least one public hearing on the economic impact analysis and any proposed mitigation measures.
(5) The county legislative authority of a county which is not planning under chapter 36.70A RCW may negotiate with the applicant on a strategy to address economic impacts associated with development of the mining operation. The county legislative authority shall hold at least one public hearing on the economic impact analysis and any proposed mitigation measures.
(6) The county legislative authority must approve or disapprove the impact analysis and any associated proposals from the applicant to address economic impacts to local governmental units resulting from development of the mining operation. If the applicant does not submit an adequate impact analysis to the relevant county legislative authority or if the county legislative authority does not find the applicant's proposals to be acceptable because of their failure to adequately mitigate adverse economic impacts, the county legislative authority shall refuse to issue any permits under its jurisdiction necessary for the construction or operation of the mine and associated mill.
(7) The requirements established in this section apply to metals mining operations under construction or constructed after April 1, 1994.
(8) The provisions of chapter 82.02 RCW shall apply to new mining and milling operations.
[ 1994 c 232 s 13.]

catchline: Legislative finding—Impact analysis required for large-scale operations—Impact fees by county legislative authority—Application of this section—Application of chapter 82.02 RCW.


title: RCW 78.56.140

text:
(1) Except as provided in subsections (2) and (5) of this section, any aggrieved person may commence a civil action on his or her own behalf:
(a) Against any person, including any state agency or local government agency, who is alleged to be in violation of a law, rule, order, or permit pertaining to metals mining and milling operations regulated under chapter 232, Laws of 1994;
(b) Against a state agency if there is alleged a failure of the agency to perform any nondiscretionary act or duty under state laws pertaining to metals mining and milling operations; or
(c) Against any person who constructs a metals mining and milling operation without the permits and authorizations required by state law.
The superior courts shall have jurisdiction to enforce metals mining laws, rules, orders, and permit conditions, or to order the state to perform such act or duty, as the case may be. In addition to injunctive relief, a superior court may award a civil penalty when deemed appropriate in an amount not to exceed ten thousand dollars per violation per day, payable to the state of Washington.
(2) No action may be commenced:
(a) Under subsection (1)(a) of this section:
(i) Prior to sixty days after the plaintiff has given notice of the alleged violation to the state, and to any alleged violator of a metals mining and milling law, rule, order, or permit condition; or
(ii) If the state has commenced and is diligently prosecuting a civil action in a court of the state or of the United States or is diligently pursuing authorized administrative enforcement action to require compliance with the law, rule, order, or permit. To preclude a civil action, the enforcement action must contain specific, aggressive, and enforceable timelines for compliance and must provide for public notice of and reasonable opportunity for public comment on the enforcement action. In any such court action, any aggrieved person may intervene as a matter of right; or
(b) Under subsection (1)(b) of this section prior to sixty days after the plaintiff has given notice of such action to the state.
(3)(a) Any action respecting a violation of a law, rule, order, or permit condition pertaining to metals mining and milling operations may be brought in the judicial district in which such operation is located or proposed.
(b) In such action under this section, the state, if not a party, may intervene as a matter of right.
(4) The court, in issuing any final order in any action brought pursuant to subsection (1) of this section, may award costs of litigation, including reasonable attorney and expert witness fees, to any prevailing party, wherever the court determines such award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the rules of civil procedure.
(5) A civil action to enforce compliance with a law, rule, order, or permit may not be brought under this section if any other statute, or the common law, provides authority for the plaintiff to bring a civil action and, in such action, obtain the same relief, as authorized under this section, for enforcement of such law, rule, order, or permit. Nothing in this section restricts any right which any person, or class of persons, may have under any statute or common law to seek any relief, including relief against the state or a state agency.
[ 1994 c 232 s 14.]

catchline: Citizen action suits.


title: RCW 78.56.150

text:
A milling facility which is not adjacent to or in the vicinity of the metals mining operation producing the ore to be milled and which processes precious or base metal ore by treatment or concentration is subject to the provisions of RCW 78.56.010 through 78.56.090, 78.56.100(1) (a), (c), and (d), 78.56.110 through 78.56.140, 70A.15.4520, and 70A.300.470 and chapters 70A.15, 70A.300, 90.03, and 90.48 RCW and all other applicable laws. The smelting of aluminum does not constitute a metals milling operation under this section.
[ 2021 c 65 s 87; 1994 c 232 s 15.]
Notes:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.

catchline: Application of requirements to milling facilities not adjacent to mining operation.


title: RCW 78.56.160

text:
(1) Until June 30, 1996, there shall be a moratorium on metals mining and milling operations using the heap leach extraction process. The department of natural resources and the department of ecology shall jointly review the existing laws and regulations pertaining to the heap leach extraction process for their adequacy in safeguarding the environment.
(2) Metals mining using the process of in situ extraction is permanently prohibited in the state of Washington.
[ 1998 c 245 s 161; 1994 c 232 s 16.]

catchline: Moratorium on use of heap leach extraction process—Joint review by department of ecology and department of natural resources—Permanent prohibition of in situ extraction.


title: RCW 78.56.901

text:
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and, with the exception of sections 6 through 8 and 18 through 22 of this act, shall take effect immediately [April 1, 1994].
[ 1994 c 232 s 30.]


title: RCW 78.56.902

text:
Sections 6 through 8 and 18 through 22 of this act shall take effect July 1, 1995.
[ 1994 c 232 s 31.]

catchline: Effective date—1994 c 232 ss 6-8 and 18-22.


title: RCW 78.60.010

text:
The public has a direct interest in the safe, orderly, and nearly pollution-free development of the geothermal resources of the state, as defined in RCW 78.60.030. The legislature hereby declares that it is in the best interests of the state to further the development of geothermal resources for the benefit of all of the citizens of the state while at the same time fully providing for the protection of the environment. The development of geothermal resources shall be so conducted as to protect the rights of landowners, other owners of interests therein, and the general public. In providing for such development, it is the purpose of this chapter to provide for the orderly exploration, safe drilling, production, and proper abandonment of geothermal resources in the state of Washington.
[ 2017 c 259 s 1; 1974 ex.s. c 43 s 1. Formerly RCW 79.76.010.]

catchline: Legislative declaration.


title: RCW 78.60.020

text:
This chapter shall be known as the Geothermal Resources Act.
[ 1974 ex.s. c 43 s 2. Formerly RCW 79.76.020.]

catchline: Short title.


title: RCW 78.60.030

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "By-product" means any mineral or minerals, not including oil, hydrocarbon gas, or helium, which are found in solution or in association with geothermal steam and that have a value of less than seventy-five percent of the value of the geothermal resource or are not, because of quantity, quality, or technical difficulties in extraction and production, of sufficient value to warrant extraction and production by themselves.
(2) A "completed well" is a well that has been drilled to its total depth, has been adequately cased, and is ready to be either plugged and abandoned, shut-in, or put into production.
(3) "Core holes" are holes drilled or excavations made expressly for the acquisition of geological or geophysical data for the purpose of finding and delineating a favorable geothermal area prior to the drilling of a well.
(4) "Department" means the department of natural resources.
(5) "Energy transfer system" means the structures and enclosed fluids which facilitate the utilization of geothermal energy. The system includes the geothermal wells, cooling towers, reinjection wells, equipment directly involved in converting the heat energy associated with geothermal resources to mechanical or electrical energy or in transferring it to another fluid, the closed piping between such equipment, wells and towers and that portion of the earth which facilitates the transfer of a fluid from reinjection wells to geothermal wells: PROVIDED, That the system shall not include any geothermal resources which have escaped into or have been released into the nongeothermal ground or surface waters from either man-made containers or through leaks in the structure of the earth caused by or to which access was made possible by any drilling, redrilling, reworking or operating of a geothermal or reinjection well.
(6) "Geothermal area" means any land that is, or reasonably appears to be, underlain by geothermal resources.
(7)(a) "Geothermal resources" includes the natural heat of the earth, the energy, in whatever form, below the surface of the earth present in, resulting from, or created by, or that may be extracted from, the natural heat, and all minerals in solution or other products obtained from naturally heated fluids, brines, associated gases and steam, in whatever form, found below the surface of the earth, exclusive of helium or oil, hydrocarbon gas or other hydrocarbon substances, but including, specifically:
(i) All products of geothermal processes, including indigenous steam, and hot water and hot brines;
(ii) Steam and other bases, hot water and hot brines resulting from water, gas, or other fluids artificially introduced into geothermal formations;
(iii) Heat or other associated energy found in geothermal formations; and
(iv) Any by-product derived from them.
(b) "Geothermal resources" does not include heat energy used in ground source heat exchange systems for ground source heat pumps.
(8) "Operator" means the person supervising or in control of the operation of a geothermal resource well, whether or not such person is the owner of the well.
(9) "Owner" means the person who possesses the legal right to drill, convert or operate any well or other facility subject to the provisions of this chapter.
(10) "Person" means any individual, corporation, company, association of individuals, joint venture, partnership, receiver, trustee, guardian, executor, administrator, personal representative, or public agency that is the subject of legal rights and duties.
(11) "Plug and abandon" means to place permanent plugs in the well in such a way and at such intervals as are necessary to prevent future leakage of fluid from the well to the surface or from one zone in the well to the other, and to remove all drilling and production equipment from the site, and to restore the surface of the site to its natural condition or contour or to such condition as may be prescribed by the department.
(12) "Pollution" means any damage or injury to ground or surface waters, soil or air resulting from the unauthorized loss, escape, or disposal of any substances at any well subject to the provisions of this chapter.
(13) "Shut-in" means to adequately cap or seal a well to control the contained geothermal resources for an interim period.
(14) "Waste," in addition to its ordinary meaning, shall mean "physical waste" as that term is generally understood and shall include:
(a) The inefficient, excessive, or improper use of, or unnecessary dissipation of, reservoir energy; or the locating, spacing, drilling, equipping, operating or producing of any geothermal energy well in a manner which results, or tends to result, in reducing the quantity of geothermal energy to be recovered from any geothermal area in this state;
(b) The inefficient above-ground transporting or storage of geothermal energy; or the locating, spacing, drilling, equipping, operating, or producing of any geothermal well in a manner causing, or tending to cause, unnecessary excessive surface loss or destruction of geothermal energy;
(c) The escape into the open air, from a well of steam or hot water, in excess of what is reasonably necessary in the efficient development or production of a geothermal well.
(15) "Well" means any excavation made for the discovery or production of geothermal resources, or any special facility, converted producing facility, or reactivated or converted abandoned facility used for the reinjection of geothermal resources, or the residue thereof underground.
[ 2013 c 274 s 2; 1974 ex.s. c 43 s 3. Formerly RCW 79.76.030.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Findings—Intent—2013 c 274: "The legislature finds that:
(1) Because related geothermal resources may be present on contiguous private, state, and federal lands within the state, there is a need to provide greater conformity with the state's geothermal resources statutes and the federal statutes defining geothermal resources and clarify that ownership of geothermal resources resides with the surface owner unless the interest is otherwise reserved or conveyed.
(2) It is in the public interest to encourage and foster the development of geothermal resources in the state, and the legislature intends to align the state statutes defining geothermal resources with current federal law with which developers are familiar, and clarify the respective regulatory roles of state agencies.
(3) Geothermal resources suitable for energy development are located at much greater depths than the aquifers relied upon for other beneficial uses, but in the event that a geothermal well draws from the same source as other uses, a coordinated and streamlined permitting of geothermal development can better ensure that any interference with existing water uses will be addressed and eliminated. It is the intent of this act that no water uses associated with a geothermal well impair any water use authorized through appropriation under Title 90 RCW.
(4) Changes to federal law in 2005 require a distribution of a portion of geothermal energy revenues from leases on federal land directly to the county in which the lease activity occurs, and therefore it is appropriate that the additional distribution to the state be provided for statewide uses relating to geothermal energy assessment, exploration, and production." [ 2013 c 274 s 1.]

catchline: Definitions.


title: RCW 78.60.040

text:
Notwithstanding any other provision of law, geothermal resources are found and hereby determined to be sui generis, being neither a mineral resource nor a water resource and as such are declared to be the private property of the holder of the title to the surface land above the resource, unless the geothermal resources have been otherwise reserved by or conveyed to another person or entity. Nothing in this section divests the people of the state of any rights, title, or interest in geothermal resources owned by the state.
[ 2013 c 274 s 3; 1979 ex.s. c 2 s 1; 1974 ex.s. c 43 s 4. Formerly RCW 79.76.040.]
Notes:
Findings—Intent—2013 c 274: See note following RCW 78.60.030.
Severability—1979 ex.s. c 2: "If any provision of this 1979 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." [ 1979 ex.s. c 2 s 2.]

catchline: Geothermal resources deemed sui generis.


title: RCW 78.60.050

text:
(1) The department shall administer and enforce the provisions of this chapter and the rules, regulations, and orders relating to the drilling, operation, maintenance, abandonment and restoration of geothermal areas, to prevent damage to and waste from underground geothermal deposits, and to prevent damage to underground and surface waters, land or air that may result from improper drilling, operation, maintenance or abandonment of geothermal resource wells.
(2) In order to implement the terms and provisions of this chapter, the department under the provisions of chapter 34.05 RCW, as now or hereafter amended, may from time to time promulgate those rules and regulations necessary to carry out the purposes of this chapter, including but not restricted to defining geothermal areas; establishing security requirements, which may include bonding; providing for liens against production; providing for casing and safety device requirements; providing for site restoration plans to be completed prior to abandonment; and providing for abandonment requirements.
[ 1974 ex.s. c 43 s 5. Formerly RCW 79.76.050.]

catchline: Administration of chapter.


title: RCW 78.60.060

text:
(1) This chapter is intended to preempt local regulation of the drilling and operation of wells for geothermal resources but shall not be construed to permit the locating of any well or drilling when such well or drilling is prohibited under state or local land use law or regulations promulgated thereunder. Geothermal resources, by-products, or waste products which have escaped or been released from the energy transfer system or a mineral recovery process shall be subject to provisions of state law relating to the pollution of ground or surface waters (Title 90 RCW), provisions of the state fisheries law and the state game laws (Title 77 RCW), and any other state environmental pollution control laws.
(2) Authorization for a consumptive or nonconsumptive use of water associated with a geothermal well, for purposes including but not limited to power production, greenhouse heating, warm water fish propagation, space heating plants, irrigation, swimming pools, and hot springs baths, shall be subject to the appropriation procedure as provided in Title 90 RCW, except for the following:
(a) Water that is removed from an aquifer or geothermal reservoir to develop and obtain geothermal resources if the water is returned to or reinjected into the same aquifer or reservoir; or
(b) The reasonable loss of water:
(i) During a test of a geothermal well; or
(ii) From the temporary failure of all or part of a system that removes water from an aquifer or geothermal reservoir, transfers the heat from that water, and reinjects that water into the same aquifer or reservoir.
(3) The department and the department of ecology shall cooperate to avoid duplication and to promote efficiency in issuing permits and other approvals for these uses.
(4) Nothing in chapter 274, Laws of 2013 shall affect or operate to impair any existing water rights.
[ 2013 c 274 s 4; 2003 c 39 s 40; 1974 ex.s. c 43 s 6. Formerly RCW 79.76.060.]
Notes:
Findings—Intent—2013 c 274: See note following RCW 78.60.030.

catchline: Scope of chapter.


title: RCW 78.60.070

text:
(1) Any person proposing to drill a well or redrill an abandoned well for geothermal resources shall file with the department a written application for a permit to commence such drilling or redrilling on a form prescribed by the department accompanied by a permit fee of two hundred dollars. The department shall forward a duplicate copy to the department of ecology within ten days of filing.
(2) Upon receipt of a proper application relating to drilling or redrilling the department shall set a date, time, and place for a public hearing on the application. The public hearing on the drilling application shall be in the county in which the drilling or redrilling is proposed to be made.
(3) Any person proposing to drill a core hole for the purpose of gathering geothermal data, including but not restricted to heat flow, temperature gradients, and rock conductivity, shall be required to obtain a single permit covering all core holes according to subsection (1) of this section, including a single permit fee. Such core holes as described by this subsection are not required to be the subject of a public hearing but are subject to all other provisions of this chapter, including a bond or other security as specified in RCW 78.60.130.
(4) All moneys paid to the department under this section shall be deposited with the state treasurer for credit to the general fund.
[ 2017 c 259 s 2; 2007 c 338 s 1; 1974 ex.s. c 43 s 7. Formerly RCW 79.76.070.]


title: RCW 78.60.080

text:
A permit shall be granted only if the department is satisfied that the area is suitable for the activities applied for; that the applicant will be able to comply with the provisions of this chapter and the rules and regulations enacted hereunder; and that a permit would be in the best interests of the state.
The department shall not allow operation of a well under permit if it finds that the operation of any well will unreasonably decrease groundwater available for prior water rights in any aquifer or other groundwater source for water for beneficial uses, unless such affected water rights are acquired by condemnation, purchase or other means.
The department shall have the authority to condition the permit as it deems necessary to carry out the provisions of this chapter, including but not limited to conditions to reduce any environmental impact.
The department shall forward a copy of the permit to the department of ecology within five days of issuance.
[ 1974 ex.s. c 43 s 8. Formerly RCW 79.76.080.]

catchline: Drilling permits—Criteria for granting.


title: RCW 78.60.090

text:
Any operator engaged in drilling or operating a well for geothermal resources shall equip such well with casing of sufficient strength and with such safety devices as may be necessary, in accordance with methods approved by the department.
No person shall remove a casing, or any portion thereof, from any well without prior approval of the department.
[ 1974 ex.s. c 43 s 9. Formerly RCW 79.76.090.]

catchline: Casing requirements.


title: RCW 78.60.100

text:
Any well or core hole drilled under authority of this chapter from which:
(1) It is not technologically practical to derive the energy to produce electricity commercially, or the owner or operator has no intention of deriving energy to produce electricity commercially, and
(2) Usable minerals cannot be derived, or the owner or operator has no intention of deriving usable minerals, shall be plugged and abandoned as provided in this chapter or, upon the owner's or operator's written application to the department of natural resources and with the concurrence and approval of the department of ecology, jurisdiction over the well may be transferred to the department of ecology and, in such case, the well shall no longer be subject to the provisions of this chapter but shall be subject to any applicable laws and rules relating to wells drilled for appropriation and use of groundwaters. If an application is made to transfer jurisdiction, a copy of all logs, records, histories, and descriptions shall be provided to the department of ecology by the applicant.
[ 2007 c 338 s 2; 1974 ex.s. c 43 s 10. Formerly RCW 79.76.100.]

catchline: Plugging and abandonment of wells or core holes—Transfer of jurisdiction to department of ecology.


title: RCW 78.60.110

text:
(1) The department may authorize the operator to suspend drilling operations, shut-in a completed well, or remove equipment from a well for the period stated in the department's written authorization. The period of suspension may be extended by the department upon the operator showing good cause for the granting of such extension.
(2) If drilling operations are not resumed by the operator, or the well is not put into production, upon expiration of the suspension or shut-in permit, an intention to unlawfully abandon shall be presumed.
(3) A well shall also be deemed unlawfully abandoned if, without written approval from the department, drilling equipment is removed.
(4) An unlawful abandonment under this chapter shall be entered in the department records and written notice thereof shall be mailed by registered mail both to such operator at his or her last known address as disclosed by records of the department and to the operator's surety. The department may thereafter proceed against the operator and his or her surety.
[ 2013 c 23 s 254; 1974 ex.s. c 43 s 11. Formerly RCW 79.76.110.]

catchline: Suspension of drilling, shut-in or removal of equipment for authorized period—Unlawful abandonment.


title: RCW 78.60.120

text:
(1) Before any operation to plug and abandon or suspend the operation of any well is commenced, the owner or operator shall submit in writing a notification of abandonment or suspension of operations to the department for approval. No operation to abandon or suspend the operation of a well shall commence without approval by the department. The department shall respond to such notification in writing within ten working days following receipt of the notification.
(2) Failure to abandon or suspend operations in accordance with the method approved by the department shall constitute a violation of this chapter, and the department shall take appropriate action under the provisions of RCW 78.60.270.
[ 2017 c 259 s 3; 1974 ex.s. c 43 s 12. Formerly RCW 79.76.120.]

catchline: Notification of abandonment or suspension of operations—Required—Procedure.


title: RCW 78.60.130

text:
Every operator who engages in the drilling, redrilling, or deepening of any well or core hole shall file with the department a reasonable bond or bonds with good and sufficient surety, or the equivalent thereof, acceptable to the department, conditioned on compliance with the provisions of this chapter and all rules and permit conditions adopted pursuant to this chapter. This performance bond shall be executed in favor of and approved by the department.
In lieu of a bond the operator may file with the department a cash deposit, negotiable securities acceptable to the department, or an assignment of a savings account in a Washington bank on an assignment form prescribed by the department. The department, in its discretion, may accept a single surety or security arrangement covering more than one well or core hole.
[ 2007 c 338 s 3; 1974 ex.s. c 43 s 13. Formerly RCW 79.76.130.]

catchline: Performance bond or other security—Required.


title: RCW 78.60.140

text:
The department shall not consent to the termination and cancellation of any bond by the operator, or change as to other security given, until the well or wells for which it has been issued have been properly abandoned or another valid bond for such well has been submitted and approved by the department. A well is properly abandoned when abandonment has been approved by the department.
[ 1974 ex.s. c 43 s 14. Formerly RCW 79.76.140.]

catchline: Termination or cancellation of bond or change in other security, when.


title: RCW 78.60.150

text:
The owner or operator of a well shall notify the department in writing within ten days of any sale, assignment, conveyance, exchange, or transfer of any nature which results in any change or addition in the owner or operator of the well on such forms with such information as may be prescribed by the department.
[ 1974 ex.s. c 43 s 15. Formerly RCW 79.76.150.]

catchline: Notification of sale, exchange, etc.


title: RCW 78.60.160

text:
The department has the authority, through rules and regulations, to promulgate combining orders, unitization programs, and well spacing, and establish proportionate costs among owners or operators for the operation of such units as the result of said combining orders, if good and sufficient reason is demonstrated that such measures are necessary to prevent the waste of geothermal resources.
[ 1974 ex.s. c 43 s 16. Formerly RCW 79.76.160.]

catchline: Combining orders, unitization programs and well spacing—Authority of department.


title: RCW 78.60.170

text:
Each owner or operator of a well shall designate a person who resides in this state as his or her agent upon whom may be served all legal processes, orders, notices, and directives of the department or any court.
[ 2013 c 23 s 255; 1974 ex.s. c 43 s 17. Formerly RCW 79.76.170.]

catchline: Designation of resident agent for service of process.


title: RCW 78.60.180

text:
The department shall have the authority to conduct or authorize investigations, research, experiments, and demonstrations, cooperate with other governmental and private agencies in making investigations, receive any federal funds, state funds, and other funds and expend them on research programs concerning geothermal resources and their potential development within the state, and to collect and disseminate information relating to geothermal resources in the state: PROVIDED, That the department shall not construct or operate commercial geothermal facilities.
[ 1974 ex.s. c 43 s 18. Formerly RCW 79.76.180.]

catchline: General authority of department.


title: RCW 78.60.190

text:
The department shall have the authority, and it shall be its duty, to employ all personnel necessary to carry out the provisions of this chapter pursuant to chapter 41.06 RCW.
[ 1974 ex.s. c 43 s 19. Formerly RCW 79.76.190.]

catchline: Employment of personnel.


title: RCW 78.60.200

text:
(1) The owner or operator of any well or core hole shall keep or cause to be kept careful and accurate logs, including but not restricted to heat flow, temperature gradients, and rock conductivity logs, records, descriptions, and histories of the drilling, redrilling, or deepening of the well.
(2) All logs, including but not restricted to heat flow, temperature gradients, and rock conductivity logs, records, histories, and descriptions referred to in subsection (1) of this section shall be kept in the local office of the owner or operator, and together with other reports of the owner or operator shall be subject during business hours to inspection by the department. Each owner or operator, upon written request from the department, shall file with the department one paper and one electronic copy of the logs, including but not restricted to heat flow, temperature gradients, and rock conductivity logs, records, histories, descriptions, or other records or portions thereof pertaining to the geothermal drilling or operation underway or suspended.
[ 2007 c 338 s 4; 1974 ex.s. c 43 s 20. Formerly RCW 79.76.200.]

catchline: Drilling records, etc., to be maintained—Inspection—Filing.


title: RCW 78.60.210

text:
Upon completion or plugging and abandonment of any well or core hole or upon the suspension of operations conducted with respect to any well or core hole for a period of at least six months, one paper and one electronic copy of logs, including but not restricted to heat flow, temperature gradients, and rock conductivity logs, core, electric log, history, and all other logs and surveys that may have been run on the well, shall be filed with the department within thirty days after such completion, plugging and abandonment, or six months' suspension.
[ 2007 c 338 s 5; 1974 ex.s. c 43 s 21. Formerly RCW 79.76.210.]

catchline: Filing of logs and surveys with department upon completion, plugging, abandonment, or suspension of operations.


title: RCW 78.60.220

text:
The owner or operator of any well producing geothermal resources shall file with the department a statement of the geothermal resources produced. Such report shall be submitted on such forms and in such manner as may be prescribed by the department.
[ 1974 ex.s. c 43 s 22. Formerly RCW 79.76.220.]

catchline: Statement of geothermal resources produced—Filing.


title: RCW 78.60.230

text:
(1) The records of any owner or operator, when filed with the department as provided in this chapter, shall be confidential and shall be open to inspection only to personnel of the department for the purpose of carrying out the provisions of this chapter and to those authorized in writing by such owner or operator, until the expiration of a twenty-four month confidential period to begin at the date of commencement of production or of abandonment of the well or core hole. After expiration of the twenty-four month confidential period, the department shall ensure all logs and surveys that may have been run on the well or core hole are preserved in an electronic data system and made available to the public.
(2) Such records shall in no case, except as provided in this chapter, be available as evidence in court proceedings. No officer, employee, or member of the department shall be allowed to give testimony as to the contents of such records, except as provided in this chapter for the review of a decision of the department or in any proceeding initiated for the enforcement of an order of the department, for the enforcement of a lien created by the enforcement of this chapter, or for use as evidence in criminal proceedings arising out of such records or the statements upon which they are based.
[ 2007 c 338 s 6; 1974 ex.s. c 43 s 23. Formerly RCW 79.76.230.]

catchline: Confidentiality of records—Preservation in an electronic data system.


title: RCW 78.60.240

text:
No person shall, for the purpose of evading the provision of this chapter or any rule, regulation or order of the department made thereunder, remove from this state, or destroy, mutilate, alter or falsify any such record, account, or writing.
[ 1974 ex.s. c 43 s 24. Formerly RCW 79.76.240.]

catchline: Removal, destruction, alteration, etc., of records prohibited.


title: RCW 78.60.250

text:
Whenever it appears with probable cause to the department that:
(1) A violation of any provision of this chapter, regulation adopted pursuant thereto, or condition of a permit issued pursuant to this chapter has occurred or is about to occur, or
(2) That a modification of a permit is deemed necessary to carry out the purpose of this chapter,
the department shall issue a written order in person to the operator or his or her employees or agents, or by certified mail, concerning the drilling, testing, or other operation conducted with respect to any well drilled, in the process of being drilled, or in the process of being abandoned or in the process of reclamation or restoration, and the operator, owner, or designated agent of either shall comply with the terms of the order and may appeal from the order in the manner provided for in RCW 78.60.280. When the department deems necessary, the order may include a shutdown order to remain in effect until the deficiency is corrected.
[ 2013 c 23 s 256; 1974 ex.s. c 43 s 25. Formerly RCW 79.76.250.]

catchline: Violations—Modification of permit, when necessary—Departmental order—Issuance—Appeal.


title: RCW 78.60.260

text:
Any person who violates any of the provisions of this chapter, or fails to perform any duty imposed by this chapter, or violates an order or other determination of the department made pursuant to the provisions of this chapter, and in the course thereof causes the death of, or injury to, fish, animals, vegetation or other resources of the state, shall be liable to pay the state damages including an amount equal to the sum of money necessary to restock such waters, replenish such resources, and otherwise restore the stream, lake, other water source, or land to its condition prior to the injury, as such condition is determined by the department. Such damages shall be recoverable in an action brought by the attorney general on behalf of the people of the state of Washington in the superior court of the county in which such damages occurred: PROVIDED, That if damages occurred in more than one county the attorney general may bring action in any of the counties where the damage occurred. Any moneys so recovered by the attorney general shall be transferred to the department under whose jurisdiction the damaged resource occurs, for the purposes of restoring the resource.
[ 1974 ex.s. c 43 s 26. Formerly RCW 79.76.260.]

catchline: Liability in damages for violations—Procedure.


title: RCW 78.60.270

text:
Whenever it shall appear that any person is violating any provision of this chapter, or any rule, regulation, or order made by the department hereunder, and if the department cannot, without litigation, effectively prevent further violation, the department may bring suit in the name of the state against such person in the court in the county of the residence of the defendant, or in the county of the residence of any defendant if there be more than one defendant, or in the county where the violation is alleged to have occurred, to restrain such person from continuing such violation. In such suit the department may, without bond, obtain injunctions prohibitory and mandatory, including temporary restraining orders and preliminary injunctions, as the facts may warrant.
[ 1974 ex.s. c 43 s 27. Formerly RCW 79.76.270.]

catchline: Injunctions—Restraining orders.


title: RCW 78.60.280

text:
(1) Any person adversely affected by any rule, regulation, order, or permit entered by the department pursuant to this chapter may obtain judicial review thereof in accordance with the applicable provisions of chapter 34.05 RCW.
(2) The court having jurisdiction, insofar as is practicable, shall give precedence to proceedings for judicial review brought under this chapter.
[ 1974 ex.s. c 43 s 28. Formerly RCW 79.76.280.]

catchline: Judicial review.


title: RCW 78.60.290

text:
Violation of any provision of this chapter or of any rule, regulation, order of the department, or condition of any permit made hereunder is a gross misdemeanor punishable, upon conviction, by a fine of not more than two thousand five hundred dollars or by imprisonment in the county jail for not more than six months, or both.
[ 2003 c 53 s 381; 1974 ex.s. c 43 s 29. Formerly RCW 79.76.290.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Violations—Penalty.


title: RCW 78.60.300

text:
No person shall knowingly aid or abet any other person in the violation of any provision of this chapter or of any rule, regulation or order of the department made hereunder.
[ 1974 ex.s. c 43 s 30. Formerly RCW 79.76.300.]

catchline: Aiding or abetting violations.


title: RCW 79.02.010

text:
The definitions in this section apply throughout this title unless the context clearly requires otherwise.
(1) "Aquatic lands" means all state-owned tidelands, shorelands, harbor areas, and the beds of navigable waters as defined in RCW 79.105.060 that are administered by the department.
(2) "Board" means the board of natural resources.
(3) "Commissioner" means the commissioner of public lands.
(4) "Community and technical college forest reserve lands" means lands managed under RCW 79.02.420.
(5) "Community forest trust lands" means those lands acquired and managed under the provisions of chapter 79.155 RCW.
(6) "Department" means the department of natural resources.
(7)(a) "Forest biomass" means the by-products of: Current forest management activities; current forest protection treatments prescribed or permitted under chapter 76.04 RCW; or the by-products of forest health treatment prescribed or permitted under chapter 76.06 RCW.
(b) "Forest biomass" does not include wood pieces that have been treated with chemical preservatives such as: Creosote, pentachlorophenol, or copper-chrome-arsenic; wood from existing old growth forests; wood required to be left on-site under chapter 76.09 RCW, the state forest practices act; and implementing rules, and other legal and contractual requirements; or municipal solid waste.
(8) "Good neighbor agreement" means an agreement entered into between the state and the United States forest service or United States bureau of land management to conduct forestland, watershed, and rangeland restoration activities on federal lands, as originally authorized by the 2014 farm bill (P.L. 113-79).
(9) "Improvements" means anything considered a fixture in law placed upon or attached to lands administered by the department that has changed the value of the lands or any changes in the previous condition of the fixtures that changes the value of the lands.
(10) "Land bank lands" means lands acquired under RCW 79.19.020.
(11) "Person" means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of a federal, state, or local governmental unit, however designated.
(12) "Public lands" means lands of the state of Washington administered by the department including but not limited to state lands, state forestlands, lands included in a state forestland pool, and aquatic lands.
(13) "State forestland pool" or "land pool" means state forestlands acquired and managed under RCW 79.22.140.
(14) "State forestlands" means lands acquired under RCW 79.22.010, 79.22.040, and 79.22.020.
(15) "State lands" includes:
(a) School lands, that is, lands held in trust for the support of the common schools;
(b) University lands, that is, lands held in trust for university purposes;
(c) Agricultural college lands, that is, lands held in trust for the use and support of agricultural colleges;
(d) Scientific school lands, that is, lands held in trust for the establishment and maintenance of a scientific school;
(e) Normal school lands, that is, lands held in trust for state normal schools;
(f) Capitol building lands, that is, lands held in trust for the purpose of erecting public buildings at the state capital for legislative, executive, and judicial purposes;
(g) Institutional lands, that is, lands held in trust for state charitable, educational, penal, and reformatory institutions; and
(h) Land bank, escheat, donations, and all other lands, except aquatic lands, administered by the department that are not devoted to or reserved for a particular use by law.
(16) "Valuable materials" means any product or material on the lands, such as forest products, forage or agricultural crops, stone, gravel, sand, peat, and all other materials of value except: (a) Mineral, coal, petroleum, and gas as provided for under chapter 79.14 RCW; and (b) forest biomass as provided for under chapter 79.150 RCW.
[ 2018 c 258 s 1. Prior: 2012 c 166 s 2; 2011 c 216 s 17; prior: 2010 c 126 s 6; 2004 c 199 s 201; 2003 c 334 s 301; 1927 c 255 s 1; RRS s 7797-1; prior: 1911 c 36 s 1; 1907 c 256 s 1; 1897 c 89 ss 4, 5; 1895 c 178 ss 1, 2. Formerly RCW 79.01.004, 79.04.010.]
Notes:
Effective date—2018 c 258: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 23, 2018]." [ 2018 c 258 s 5.]
Findings—Intent—2012 c 166: "(1) The legislature finds:
(a) Compliance with the federal endangered species act on state forestlands within small, timber-dependent counties in southwest Washington is disproportionately burdensome when compared to the total budget in these counties;
(b) When compared to other forested parts of the state, there is a relatively small federal land base in these counties, which has resulted in substantial responsibility for endangered species act-related habitat conservation being borne by state forestlands;
(c) Within these counties, there is limited availability of private working forestland available for use as a replacement for encumbered state forestlands;
(d) Currently, county beneficiaries may not receive revenue derived from state forestlands located in any counties other than their own;
(e) Through the passing of chapter 354, Laws of 2009, the legislature established the need to relieve the impact of long-term endangered species-related encumbrances on state forestlands in small, timber-dependent counties in Washington;
(f) As a result of the implementation of chapter 354, Laws of 2009, replacement lands are to be purchased to maintain the land base and productivity of state forestlands in these counties;
(g) There is a need for timely reinvestment in the land base of state forestlands by replacing those transferred encumbered lands with new, productive, unencumbered forestland;
(h) The maintenance of a productive state forestland base in these counties is vital to maintaining a stable, viable natural resource economy that supports rural communities and creates local natural resource-based jobs; and
(i) These counties have articulated the need to reestablish sustainable long-term revenue from state forestlands through the acquisition of productive timberland beyond what will be funded by the land value of transferred encumbered lands under chapter 354, Laws of 2009.
(2) It is the intent of the legislature to authorize the board of natural resources to establish a state forestland pool for small, timber-dependent southwest Washington counties. This action allows the board of natural resources, if deemed appropriate after a required analysis, to use revenue designated for replacement of encumbered state forestland in one county to be pooled with other counties' land replacement funds to purchase forestland within any of the participating counties. This forestland would be managed as state forestland for the benefit of all counties participating in the pool, proportionate to their contribution of asset value to the land pool, according to a set of policy, administrative, and financial structures developed by the department of natural resources and adopted by the board of natural resources.
(3) It is the further intent of the legislature that the replacement forestlands purchased to be part of the land pool are to be maintained as working forestlands. For purposes of the land pool, the department of natural resources should seek out land threatened by encroaching development and land not likely to become further encumbered in an effort to preserve working forestland to the maximum extent possible." [ 2012 c 166 s 1.]
Part headings not law—2004 c 199: "Part headings used in this act are not any part of the law." [ 2004 c 199 s 302.]
Intent—2003 c 334: "This act is intended to make technical amendments to certain codified statutes that deal with the department of natural resources. Any statutory changes made by this act should be interpreted as technical in nature and not be interpreted to have any substantive, policy implications." [ 2003 c 334 s 616.]

catchline: Definitions.


title: RCW 79.02.020

text:
(1) The board or the commissioner has the power to compel through subpoena the attendance of witnesses and production of records for:
(a) Hearings pertaining to public lands as provided by this title;
(b) Determining the value and character of land, valuable materials, or improvements; and
(c) Determining waste or damage to the land.
(2) A subpoena may be served by any person authorized by law to serve process.
(3) Each witness subpoenaed is allowed the same fees and mileage as paid witnesses in courts of records in this state. The department shall pay these fees and mileage from its general fund appropriation.
(4) Any witness failing to comply with a subpoena, without legal excuse, is considered in contempt.
(a) The board or commissioner shall certify the facts to the court of the county in which the witness resides for contempt of court proceedings as provided in chapter 7.21 RCW.
(b) The certificate of the board or commissioner must be considered by the court as prima facie evidence of the guilt of the witness.
(c) Upon legal proof of the facts, the witness is subject to the same penalties as provided in like cases for contempt of court.
[ 2003 c 334 s 302.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Witnesses—Compelling attendance.


title: RCW 79.02.030

text:
Any applicant to purchase, or lease, any public lands of the state, or any valuable materials thereon, and any person whose property rights or interests will be affected by such sale or lease, feeling aggrieved by any order or decision of the board, or the commissioner, concerning the same, may appeal therefrom to the superior court of the county in which such lands or materials are situated, by serving upon all parties who have appeared in the proceedings in which the order or decision was made, or their attorneys, a written notice of appeal, and filing such notice, with proof, or admission, of service, with the board, or the commissioner, within thirty days from the date of the order or decision appealed from, and at the time of filing the notice, or within five days thereafter, filing a bond to the state, in the penal sum of two hundred dollars, with sufficient sureties, to be approved by the secretary of the board, or the commissioner, conditioned that the appellant shall pay all costs that may be awarded against the appellant on appeal, or the dismissal thereof. Within thirty days after the filing of notice of appeal, the secretary of the board, or the commissioner, shall certify, under official seal, a transcript of all entries in the records of the board, or the commissioner, together with all processes, pleadings and other papers relating to and on file in the case, except evidence used in such proceedings, and file such transcript and papers, at the expense of the applicant, with the clerk of the court to which the appeal is taken. The hearing and trial of said appeal in the superior court shall be de novo before the court, without a jury, upon the pleadings and papers so certified, but the court may order the pleadings to be amended, or new and further pleadings to be filed. Costs on appeal shall be awarded to the prevailing party as in actions commenced in the superior court, but no costs shall be awarded against the state, the board, or the commissioner. Should judgment be rendered against the appellant, the costs shall be taxed against the appellant and the appellant's sureties on the appeal bond, except when the state is the only adverse party, and shall be included in the judgment, upon which execution may issue as in other cases. Any party feeling aggrieved by the judgment of the superior court may seek appellate review as in other civil cases. Unless appellate review of the judgment of the superior court is sought, the clerk of said court shall, on demand, certify, under the clerk's hand and the seal of the court, a true copy of the judgment, to the board, or the commissioner, which judgment shall thereupon have the same force and effect as if rendered by the board, or the commissioner. In all cases of appeals from orders or decisions of the commissioner involving the prior right to purchase tidelands of the first class, if the appeal is not prosecuted, heard and determined, within two years from the date of the appeal, the attorney general shall, after thirty days' notice to the appellant of the attorney general's intention so to do, move the court for a dismissal of the appeal, but nothing herein shall be construed to prevent the dismissal of such appeal at any time in the manner provided by law.
[ 2003 c 334 s 397. Prior: 1988 c 202 s 59; 1988 c 128 s 56; 1971 c 81 s 139; 1927 c 255 s 125; RRS s 7797-125; prior: 1901 c 62 ss 1 through 7; 1897 c 89 s 52; 1895 c 178 s 82. Formerly RCW 79.01.500, 79.08.030.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1988 c 202: See note following RCW 2.24.050.

catchline: Court review of actions.


title: RCW 79.02.040

text:
The department may review and reconsider any of its official acts relating to public lands until such time as a lease, contract, or deed shall have been made, executed, and finally issued, and the department may recall any lease, contract, or deed issued for the purpose of correcting mistakes or errors, or supplying omissions.
[ 2004 c 199 s 202; 2003 c 334 s 432; 1982 1st ex.s. c 21 s 177; 1927 c 255 s 195; RRS s 7797-195. Formerly RCW 79.01.740, 43.65.080.]
Notes:
Part headings not law—2004 c 199: See note following RCW 79.02.010.
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.96.901 through 79.96.905.

catchline: Reconsideration of official acts.


title: RCW 79.02.050

text:
(1) Any sale, transfer, or lease in which the purchaser, transfer recipient, or lessee obtains the sale or lease by fraud or misrepresentation is void, and the contract of purchase or lease shall be of no effect. In the event of fraud, the contract, transferred property, or lease must be surrendered to the department, but the purchaser, transfer recipient, or lessee may not be refunded any money paid on account of the surrendered contract, transfer, or lease.
(2) In the event that a mistake is discovered in the sale or lease, or in the sale of valuable materials, the department may take action to correct the mistake in accordance with RCW 79.02.040 if maintaining the corrected contract, transfer, or lease is in the best interests of the affected trust or trusts.
[ 2004 c 199 s 203; 2003 c 334 s 365; 2001 c 250 s 11; 1982 1st ex.s. c 21 s 164; 1959 c 257 s 28; 1927 c 255 s 60; RRS s 7797-60. Prior: 1903 c 79 s 3. Formerly RCW 79.01.240, 79.12.280.]
Notes:
Part headings not law—2004 c 199: See note following RCW 79.02.010.
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.135.900 through 79.135.904.

catchline: Effect of mistake or fraud.


title: RCW 79.02.060

text:
The provisions of chapter 199, Laws of 2004 are not intended to affect the trust responsibilities or trust management by the department for any trust lands granted by the federal government or legislatively created trusts. The trust obligations relating to federally granted lands, state forestlands, community and technical college forest reserve lands, and university repayment lands shall not be altered by the definition clarifications contained in chapter 199, Laws of 2004. The rights, privileges, and prerogatives of the public shall not be altered in any way by chapter 199, Laws of 2004, and no additional or changed authority or power is granted to any person, corporation, or entity.
[ 2004 c 199 s 301.]
Notes:
Part headings not law—2004 c 199: See note following RCW 79.02.010.

catchline: Scope of provisions of chapter 199, Laws of 2004.


title: RCW 79.02.080

text:
The department is authorized to offer and pay a reward not to exceed ten thousand dollars in each case for information regarding violations of any statute or rule relating to the state's public lands and natural resources on those lands, except forest practices under chapter 76.09 RCW. No reward may be paid to any federal, state, or local government or agency employees for information obtained by them in the normal course of their employment. The department is authorized to adopt rules in pursuit of its authority under this section to determine the appropriate account or fund from which to pay the reward. The department is also authorized to adopt rules establishing the criteria for paying a reward and the amount to be paid. No appropriation shall be required for disbursement.
[ 2003 c 334 s 436; 1994 c 56 s 1; 1990 c 163 s 8. Formerly RCW 79.01.765.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Rewards for information regarding violations.


title: RCW 79.02.090

text:
The duties of the county auditor in each county with a population of two hundred ten thousand or more, with regard to sales and leases dealt with under this title except RCW 79.11.250, 79.11.260, and * 79.94.040, are transferred to the county treasurer.
[ 2003 c 334 s 451; 1991 c 363 s 152; 1983 c 3 s 201; 1955 c 184 s 1. Formerly RCW 79.08.170.]
Notes:
*Reviser's note: RCW 79.94.040 was recodified as RCW 79.125.040 pursuant to 2005 c 155 s 1008.
Intent—2003 c 334: See note following RCW 79.02.010.
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Transfer of county auditor's duties.


title: RCW 79.02.095

text:
RCW 79.11.080, 79.11.010, 79.11.110, * 79.01.140, 79.11.160, 79.10.125, 79.13.130, * 79.01.252, * 79.01.256, * 79.01.260, * 79.01.264, 79.13.180, 79.02.260, 79.13.320, 79.13.410, 79.13.010, and * 79.01.277 do not apply to state tidelands, shorelands, harbor areas, and the beds of navigable waters.
[ 2003 c 334 s 317; 1979 ex.s. c 109 s 22. Formerly RCW 79.01.093.]
Notes:
*Reviser's note: RCW 79.01.140, 79.01.252, 79.01.256, 79.01.260, 79.01.264, and 79.01.277 were repealed by 2003 c 334 s 551.
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—1979 ex.s. c 109: See notes following RCW 79.11.040.

catchline: Statutes not applicable to state tidelands, shorelands, harbor areas, and the beds of navigable waters.


title: RCW 79.02.100

text:
The commissioner of public lands is authorized and directed to appear before the United States land offices in all cases involving the validity of the selections of any lands granted to the state, and to summon witnesses and pay necessary witness fees and stenographer fees in such contested cases.
[ 1927 c 255 s 193; RRS s 7797-193. Formerly RCW 79.01.732, 43.12.070.]

catchline: Appearance by commissioner before United States land offices.


title: RCW 79.02.110

text:
The commissioner of public lands is authorized and directed to make applications, and to cause publication of notices of applications, to the interior department of the United States for certification that any land granted to the state is nonmineral in character, in accordance with the rules of the general land office of the United States.
[ 1927 c 255 s 77; RRS s 7797-77. Prior: 1897 c 89 s 33. Formerly RCW 79.01.308, 79.08.130.]

catchline: Applications for federal certification that lands are nonmineral.


title: RCW 79.02.120

text:
For the purpose of obtaining from the United States indemnity or lieu lands for such lands granted to the state for common schools, educational, penal, reformatory, charitable, capitol building, or other purposes, as have been or may be lost to the state, or the title to or use or possession of which is claimed by the United States or by others claiming by, through or under the United States, by reason of any of the causes entitling the state to select other lands in lieu thereof, the inclusion of the same in any reservation by or under authority of the United States, or any other appropriation or disposition of the same by the United States, whether such lands are now surveyed or unsurveyed, the department, with the advice and approval of the attorney general, is authorized and empowered to enter into an agreement or agreements, on behalf of the state, with the proper officer or officers of the United States for the relinquishment of any such lands and the selection in lieu thereof, under the provisions of RCW 79.02.120 through 79.02.140, of lands of the United States of equal area and value.
[ 2003 c 334 s 488; 1988 c 128 s 63; 1913 c 102 s 1; RRS s 7824. Formerly RCW 79.28.010.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Lieu lands—Selection agreements authorized.


title: RCW 79.02.130

text:
Upon the making of any such agreement, the board shall be empowered and it shall be its duty to cause such examination and appraisal to be made as will determine the area and value, as nearly as may be, of the lands lost to the state, or the title to, use or possession of which is claimed by the United States by reason of the causes mentioned in RCW 79.02.120, and proposed to be relinquished to the United States, and shall cause an examination and appraisal to be made of any lands which may be designated by the officers of the United States as subject to selection by the state in lieu of the lands aforesaid, to the end that the state shall obtain lands in lieu thereof of equal area and value.
[ 2003 c 334 s 489; 1988 c 128 s 64; 1913 c 102 s 2; RRS s 7825. Formerly RCW 79.28.020.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Lieu lands—Examination and appraisal.


title: RCW 79.02.140

text:
Whenever the title to any lands selected under the provisions of RCW 79.02.120 through 79.02.140 shall become vested in the state of Washington by the acceptance and approval of the lists of lands so selected, or other proper action of the United States, the governor, on behalf of the state of Washington, shall execute and deliver to the United States a deed of conveyance of the lands of the state relinquished under the provisions of RCW 79.02.120 through 79.02.140, which deed shall convey to and vest in the United States all the right, title and interest of the state of Washington therein.
[ 2003 c 334 s 490; 1913 c 102 s 3; RRS s 7826. Formerly RCW 79.28.030.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Lieu lands—Transfer of title to lands relinquished.


title: RCW 79.02.150

text:
So long as any grant of lands by the United States to the state of Washington, for any purpose, or as lieu or indemnity lands therefor, remains incomplete, the commissioner of public lands shall, from time to time, cause the records in his or her office and in the United States land offices, to be examined for the purpose of ascertaining what of the unappropriated lands of the United States are open to selection, and whether any thereof may be of sufficient value and so situated as to warrant their selection as state lands, and in that case may cause the same to be inspected and appraised by one or more state land inspectors, and a full report made thereon by the smallest legal subdivisions of forty acres each, classifying such lands into grazing, farming, and timbered lands, and estimating the value of each tract inspected and the quantity and value of all valuable material thereon, and in the case of timbered lands the amount and value of the standing timber thereon, and the estimated value of such lands after the timber is removed, which report shall be made as amply and expeditiously as possible on blanks to be furnished by the commissioner of public lands for that purpose, under the oath of the inspector to the effect that he or she has personally examined the tracts mentioned in each forty acres thereof, and that said report and appraisement is made from such personal examination, and is, to the best of affiant's knowledge and belief, true and correct, and that the lands are not occupied by any bona fide settler.
The commissioner of public lands shall select such unappropriated lands as he or she shall deem advisable, and do all things necessary under the laws of the United States to vest title thereto in the state, and shall assign lands of equal value, as near as may be, to the various uncompleted grants.
[ 2013 c 23 s 257; 1927 c 255 s 19; RRS s 7797-19. Prior: 1897 c 89 ss 5, 7, 9, 10. Formerly RCW 79.01.076, 79.08.050.]
Notes:
Lieu lands: Chapter 79.02 RCW.

catchline: Selection to complete uncompleted grants.


title: RCW 79.02.160

text:
In case any person interested in any tract of land heretofore selected by the territory of Washington or any officer, board, or agent thereof or by the state of Washington or any officer, board, or agent thereof or which may be hereafter selected by the state of Washington or the department, in pursuance to any grant of lands made by the United States to the territory or state of Washington for any purpose or upon any trust whatever, the selection of which has failed or been rejected or shall fail or shall be rejected for any reason, shall request it, the department shall have the authority and power on behalf of the state to relinquish to the United States such tract of land.
[ 2004 c 199 s 204; 2003 c 334 s 308; 1927 c 255 s 20; RRS s 7797-20. Prior: 1899 c 63 s 1. Formerly RCW 79.01.080, 79.08.060.]
Notes:
Part headings not law—2004 c 199: See note following RCW 79.02.010.
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Relinquishment on failure or rejection of selection.


title: RCW 79.02.200

text:
The department shall cause full and correct abstracts of all the public lands to be made and kept in suitable and well bound books, and other suitable records. Such abstracts shall show in proper columns and pages the section or part of section, lot or block, township and range in which each tract is situated, whether timber or prairie, improved or unimproved, the appraised value per acre, the value of improvements and the value of damages, and the total value, the several values of timber, stone, gravel, or other valuable materials thereon, the date of sale, the name of purchaser, sale price per acre, the date of lease, the name of lessee, the term of the lease, the annual rental, amount of cash paid, amount unpaid and when due, amount of annual interest, and in proper columns such other facts as may be necessary to show a full and complete abstract of the conditions and circumstances of each tract or parcel of land from the time the title was acquired by the state until the issuance of a deed or other disposition of the land by the state.
[ 2003 c 334 s 382; 1982 1st ex.s. c 21 s 166; 1927 c 255 s 76; RRS s 7797-76. Prior: (i) 1897 c 89 s 32; RRS s 7823. (ii) 1911 c 59 s 9; RRS s 7899. Formerly RCW 79.01.304, 43.12.080.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.135.900 through 79.135.904.

catchline: Abstracts of public lands.


title: RCW 79.02.210

text:
All maps, plats, and field notes of surveys, required to be made by this title shall, after approval by the department, be deposited and filed in the office of the department, which shall keep a careful and complete record and index of all maps, plats, and field notes of surveys in its possession, in well bound books, which shall at all times be open to public inspection.
[ 2003 c 334 s 426; 1988 c 128 s 57; 1927 c 255 s 187; RRS s 7797-187. Formerly RCW 79.01.708, 43.12.110.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Maps and plats—Record and index—Public inspection.


title: RCW 79.02.220

text:
All notices, orders, contracts, certificates, rules and regulations, or other documents or papers made and issued by or on behalf of the department, or the commissioner, as provided in this title, shall be authenticated by a seal whereon shall be the vignette of George Washington, with the words "Seal of the commissioner of public lands, State of Washington."
[ 2003 c 334 s 427; 1988 c 128 s 58; 1927 c 255 s 188; RRS s 7797-188. Formerly RCW 79.01.712, 43.65.070.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Seal.


title: RCW 79.02.230

text:
The department shall cause to be prepared, and furnish to applicants, blank forms of applications for the appraisal, transfer, and purchase of any state lands and the purchase of valuable materials situated thereon, and for the lease of state lands. These forms shall contain instructions to inform and aid applicants.
[ 2003 c 334 s 310; 2001 c 250 s 1; 1982 1st ex.s. c 21 s 150; 1959 c 257 s 2; 1927 c 255 s 21; RRS s 7797-21. Prior: 1909 c 223 s 2; 1907 c 256 s 5; 1903 c 74 s 1; 1897 c 89 s 11; 1895 c 178 ss 17, 18. Formerly RCW 79.01.084, 79.08.040.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.135.900 through 79.135.904.

catchline: Blank forms of applications for appraisal, transfer, sale, and lease of state lands, valuable materials.


title: RCW 79.02.240

text:
The department may charge and collect fees as determined by the board for each category of services performed based on costs incurred.
[ 2003 c 334 s 428; 1979 ex.s. c 109 s 18; 1959 c 153 s 1; 1927 c 255 s 190; RRS s 7797-190. Formerly RCW 79.01.720, 43.12.120.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—1979 ex.s. c 109: See notes following RCW 79.11.040.

catchline: Fees.


title: RCW 79.02.250

text:
(1) Applications for the purchase or use of lands and the sale of valuable materials by the department shall be accompanied by reasonable fees to be prescribed by the board in an amount sufficient to defray the cost of performing or otherwise providing for the processing, review, or inspection of the applications or activities permitted pursuant to the applications for each category of services performed.
(2) Fees shall be credited to the resource management cost account fund as established under RCW 79.64.020, the forest development account fund as established under RCW 79.64.100, or the agricultural college trust management account fund as established under RCW 79.64.090, as applicable.
[ 2003 c 334 s 313.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Reasonable fees—Disposition.


title: RCW 79.02.260

text:
The department shall keep a fee book, in which shall be entered all fees received, with the date paid and the name of the person paying the same, and the nature of the services rendered for which the fee is charged, which book shall be verified monthly by affidavit entered therein. All fees collected by the department shall be paid into the state treasury, as applicable, to the resource management cost account created in RCW 79.64.020, the forest development account created in RCW 79.64.100, or the agricultural college trust management account fund as established under RCW 79.64.090, and the receipt of the state treasurer taken and retained in the department's Olympia office as a voucher.
[ 2003 c 334 s 429; 1979 ex.s. c 109 s 19; 1927 c 255 s 191; RRS s 7797-191. Formerly RCW 79.01.724, 43.12.130.]
Notes:
Reviser's note: This section does not apply to state tidelands, shorelands, harbor areas, and the beds of navigable waters. See RCW 79.02.095.
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—1979 ex.s. c 109: See notes following RCW 79.11.040.

catchline: Fee book.


title: RCW 79.02.270

text:
When the entire purchase price of any state lands shall have been fully paid, the commissioner shall certify such fact to the governor, and shall cause a quitclaim deed signed by the governor and attested by the secretary of state, with the seal of the state attached thereto, to be issued to the purchaser and to be recorded in the department's Olympia office. No fee is required for any deed of land issued by the governor other than the fee provided for in this title.
[ 2003 c 334 s 360; 1982 1st ex.s. c 21 s 160; 1959 c 257 s 25; 1927 c 255 s 55; RRS s 7797-55. Prior: 1917 c 149 s 1; 1915 c 147 s 3; 1907 c 256 s 3; 1897 c 89 s 16; 1895 c 178 ss 25, 29. Formerly RCW 79.01.220, 79.12.390.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.135.900 through 79.135.904.

catchline: Deed.


title: RCW 79.02.280

text:
All contracts of purchase or leases issued by the department shall be assignable in writing by the contract holder or lessee and the assignee shall be subject to and governed by the provisions of law applicable to the assignor and shall have the same rights in all respects as the original purchaser, or lessee, of the lands, provided the assignment is approved by the department and entered of record in its office.
[ 2004 c 199 s 205; 2003 c 334 s 377; 1982 1st ex.s. c 21 s 165; 1927 c 255 s 73; RRS s 7797-73. Prior: 1903 c 79 s 8. Formerly RCW 79.01.292, 79.12.270.]
Notes:
Part headings not law—2004 c 199: See note following RCW 79.02.010.
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.135.900 through 79.135.904.

catchline: Assignment of contracts or leases.


title: RCW 79.02.290

text:
Whenever the holder of a contract of purchase or the holder of any lease, except for mining of valuable minerals or coal, or extraction of petroleum or gas, shall surrender the same to the department with the request to have it divided into two or more contracts, or leases, the department may divide the same and issue new contracts, or leases, but no new contract, or lease, shall issue while there is due and unpaid any interest, rental, or taxes or assessments on the land held under such contract or lease, nor in any case where the department is of the opinion that the state's security would be impaired or endangered by the proposed division. For all such new contracts, or leases, a fee as provided under this chapter, shall be paid by the applicant.
[ 2004 c 199 s 206; 2003 c 334 s 363; 1982 1st ex.s. c 21 s 163; 1979 ex.s. c 109 s 8; 1959 c 257 s 27; 1955 c 394 s 2; 1927 c 255 s 59; RRS s 7797-59. Prior: 1903 c 79 s 3. Formerly RCW 79.01.236, 79.12.260.]
Notes:
Part headings not law—2004 c 199: See note following RCW 79.02.010.
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.135.900 through 79.135.904.
Severability—Effective date—1979 ex.s. c 109: See notes following RCW 79.11.040.

catchline: Subdivision of contracts or leases—Fee.


title: RCW 79.02.300

text:
(1) Every person who, without authorization, uses or occupies public lands, removes any valuable material as defined in RCW 79.02.010 from public lands, or causes waste or damage to public lands, or injures publicly owned personal property or publicly owned improvements to real property on public lands, is liable to the state for treble the amount of the damages. However, liability shall be for single damages if the department determines, or the person proves upon trial, that the person, at time of the unauthorized act or acts, did not know, or have reason to know, that he or she lacked authorization. Damages recoverable under this section include, but are not limited to, the market value of the use, occupancy, or things removed, had the use, occupancy, or removal been authorized; and any damages caused by injury to the land, publicly owned personal property or publicly owned improvement, including the costs of restoration. In addition, the person is liable for reimbursing the state for its reasonable costs including, but not limited to, its administrative costs, survey costs to the extent they are not included in damages awarded for restoration costs, and its reasonable attorneys' fees and other legal costs.
(2) This section does not apply in any case where liability for damages is provided under RCW 4.24.630, 64.12.030, or 79.02.320.
(3) The department is authorized and directed to investigate all trespasses and wastes upon, and damages to, public lands of the state, and to cause prosecutions for, and/or actions for the recovery of the same, to be commenced as provided by law.
[ 2009 c 349 s 1; 2004 c 199 s 207; 2003 c 334 s 435; 1994 c 280 s 2; 1993 c 266 s 1; 1927 c 255 s 200; RRS s 7797-200. Prior: 1897 c 89 s 64; 1895 c 178 s 99. Formerly RCW 79.01.760, 79.40.040.]
Notes:
Part headings not law—2004 c 199: See note following RCW 79.02.010.
Intent—2003 c 334: See note following RCW 79.02.010.
Waste and trespass: Chapter 64.12 RCW.

catchline: Trespass, waste, damages—Prosecutions.


title: RCW 79.02.310

text:
Every person who willfully commits any trespass upon any public lands of the state and cuts down, destroys, or injures any timber, or any tree, including a Christmas tree as defined in *RCW 76.48.020, standing or growing thereon, or takes, or removes, or causes to be taken, or removed, therefrom any wood or timber lying thereon, or maliciously injures or severs anything attached thereto, or the produce thereof, or digs, quarries, mines, takes or removes therefrom any earth, soil, stone, mineral, clay, sand, gravel, or any valuable materials, is guilty of theft under chapter 9A.56 RCW.
[ 2009 c 349 s 2; 2003 c 53 s 379; 1927 c 255 s 197; RRS s 7797-197. Prior: 1889-90 pp 124-125 ss 1, 4. Formerly RCW 79.01.748, 79.40.010.]
Notes:
*Reviser's note: RCW 76.48.020 was recodified as RCW 76.48.021 pursuant to 2009 c 245 s 29.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Trespasser guilty of theft, when.


title: RCW 79.02.320

text:
Every person who shall cut or remove, or cause to be cut or removed, any timber growing or being upon any public lands of the state, including a Christmas tree as defined in *RCW 76.48.020, or who shall manufacture the same into logs, bolts, shingles, lumber or other articles of use or commerce, unless expressly authorized so to do by a bill of sale from the state, or by a lease or contract from the state under which he or she holds possession of such lands, or by provisions of law under which the bill of sale, lease or contract was issued, shall be liable to the state for treble the value of the timber or other articles cut, removed, or manufactured, to be recovered in a civil action, and shall forfeit to the state all interest in any article into which the timber is manufactured.
[ 2009 c 349 s 3; 1927 c 255 s 199; RRS s 7797-199. Prior: 1897 c 89 s 66; 1895 c 178 s 101. Formerly RCW 79.01.756, 79.40.030.]
Notes:
*Reviser's note: RCW 76.48.020 was recodified as RCW 76.48.021 pursuant to 2009 c 245 s 29.
Firewood on state lands: Chapter 79.15 RCW.
Injunction to prevent waste on public land: RCW 64.12.050.
Injury to or removing trees, etc.—Damages: RCW 64.12.030.
Penalty for destroying native flora: RCW 47.40.080.

catchline: Removal of timber—Treble damages.


title: RCW 79.02.330

text:
Every person being in lawful possession of any public lands of the state, under and by virtue of any lease or contract of purchase from the state, cuts down, destroys, or injures, or causes to be cut down, destroyed, or injured, any timber standing or growing thereon, or takes or removes, or causes to be taken or removed, therefrom, any wood or timber lying thereon, or maliciously injures or severs anything attached thereto, or the produce thereof, or digs, quarries, mines, takes, or removes therefrom, any earth, soil, clay, sand, gravel, stone, mineral, or other valuable material, or causes the same to be done, or otherwise injures, defaces, or damages, or causes to be injured, defaced, or damaged, any such lands unless expressly authorized so to do by the lease or contract under which possession of such lands is held, or by the provisions of law under and by virtue of which such lease or contract was issued, shall be guilty of a misdemeanor.
[ 2003 c 334 s 434; 1927 c 255 s 198; RRS s 7797-198. Prior: 1899 c 34 ss 1 through 3. Formerly RCW 79.01.752, 79.40.020.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Lessee or contract holder guilty of misdemeanor.


title: RCW 79.02.370

text:
The board must establish procedures to protect against cedar theft and to ensure adequate notice is given for persons interested in purchasing cedar.
[ 2003 c 334 s 333.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Protection against cedar theft.