S-0754.1  _______________________________________________

                         SENATE BILL 5531

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Senators Hargrove, Oke and Swecker

Read first time 01/26/95.  Referred to Committee on Natural Resources.

Exchanging certain public lands.

    AN ACT Relating to exchanging tidelands, shorelands, and beds of navigable waters; and amending RCW 79.94.150.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 79.94.150 and 1982 1st ex.s. c 21 s 100 are each amended to read as follows:

    (1) This section shall apply to:

    (a) First class tidelands as defined in RCW 79.90.030;

    (b) Second class tidelands as defined in RCW 79.90.035;

    (c) First class shorelands as defined in RCW 79.90.040;

    (d) Second class shorelands as defined in RCW 79.90.045, except as included within RCW 79.94.210;

    (e) Waterways as described in RCW 79.93.010.

    (2) Notwithstanding any other provision of law, from and after August 9, 1971, all tidelands and shorelands enumerated in subsection (1) of this section owned by the state of Washington shall not be sold except to public entities as may be authorized by law and they shall not be given away.

    (3) Tidelands and shorelands enumerated in subsection (1) of this section may be leased for a period not to exceed fifty-five years:  PROVIDED, That nothing in this section shall be construed as modifying or canceling any outstanding lease during its present term.

    (4) Nothing in this section shall:

    (a) Be construed to cancel an existing sale contract;

    (b) Prohibit sale or exchange of beds and shorelands where the water course has changed and the area now has the characteristics of uplands;

    (c) Prevent exchange involving state-owned ((tide and shore lands)) tidelands, shorelands, and beds of navigable waters, if the exchange is in the public interest.  The department of natural resources shall define public interest, by rule.

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