[atlas:bill]

AN ACT Relating to state-owned aquatic lands; adding new sections to chapter 79.01 RCW; and adding a new section to chapter 36.70A RCW.

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

NEW SECTION. Sec. 1. (1) The legislature directs that the lands identified in section 4 of this act must be preserved and protected for future generations of residents of the state.

(2) The board of natural resources and the commissioner of public lands are directly responsible for the preservation and protection of the land identified in section 4 of this act.

(3) The provisions of any local planning laws, or the state growth management act under chapter 36.70A RCW, are superseded by the terms of this section and section 2 of this act.

(4) By January 1st of each odd‑numbered year, the board of natural resources and the commissioner of public lands must submit a report to the appropriate committees of the legislature that details the land management activities for the land identified in section 4 of this act.

NEW SECTION. Sec. 2. (1) No valuable materials or other assets, as those terms are used in Title 78 or 79 RCW, may be sold from the land identified in section 4 of this act.

(2) Any form of resource extraction on lands that abut the land identified in section 4 of this act may not use the aquatic areas surrounding the property for access or transportation.

NEW SECTION. Sec. 3. A new section is added to chapter 36.70A RCW to read as follows:

The lands identified in section 4 of this act are exempt from the provisions of this chapter and must be managed solely as provided in sections 1 and 2 of this act.

NEW SECTION. Sec. 4. Certain state-owned aquatic lands are identified as follows:

(1) Certain aquatic lands consisting of tidelands, bedlands, harbor areas, and waterways adjacent to the Puyallup River delta and Commencement Bay in Pierce County (that area of the bay between the Thea Foss and Sitcum Waterways, including the Puyallup River below the I-5 bridge) described in this subsection:

That portion of Middle Waterway abutting Blocks 33, 34a, 38, 38a and 38b of the Amended Supplemental Plat of Tacoma Tide Lands, Sheet 5, approved by the Board of State Land Commissioners October 7, 1902, described as follows:

The southerly 1595 feet of said Middle Waterway measured perpendicular to the south line of said Middle Waterway and the north line of said southerly 1595 feet being parallel to said south line of Middle Waterway.

Excepting therefrom, any first class tidelands previously sold by the state of Washington.

Situated in the City of Tacoma, Pierce County, Washington.

(2) Certain aquatic lands consisting of tidelands and bedlands adjacent to Cherry Point in Whatcom County described in this subsection:

That portion of the tidelands and bedlands of navigable waters owned by the state of Washington, fronting and abutting Sections 2, 11, 13, 14, and 24, Township 39 North, Range 1 West, Willamette Meridian and fronting and abutting Sections 19, 20, 29 and 32, Township 39 North, Range 1 East, Willamette Meridian described as follows:

Lying south of the south line of government lot 1, of said Section 2, Township 39 North, Range 1 West, W.M. being the south line of Birch Bay State Park; and lying north of the south line of Township 39 North, Range 1 East; and extending waterward to a line which is 70 feet below mean lower low water or 0.5 mile beyond extreme low tide, whichever line is further waterward;

Excepting therefrom, the following use authorizations issued by the department of natural resources: lease application numbers 20-A09122, 20-A11714, 20-A08488, 20-013265 and 20-010521;

Also excepting therefrom, any second class tidelands previously sold by the state of Washington.

Situated in Whatcom County, Washington.

(3) Certain aquatic lands, consisting of tidelands and bedlands surrounding Cypress Island in Skagit County described in this subsection:

The tidelands and bedlands of navigable waters, owned by the state of Washington, department of natural resources, lying in front of and surrounding Cypress Island, Strawberry Island (a.k.a. Loon Island), and Cone Islands No.1, No.2 & No.3 (according to the official U.S. government survey approved 1933) and said islands are located within Sections 4, 5, 6, and 8, Township 35 North, Range 1 East, W.M. and Sections 17-22, inclusively, and Sections 27-34, inclusively, Township 36 North, Range 1 East; W.M., and extending waterward to a water depth of 70 feet below mean lower low water or one-half mile from the line of extreme low tide, whichever line is further waterward;

Subject to department of natural resources use authorizations 20-11458, 20-10667, 20-10827, 20-A12517, and 51-33711.

Situated in Skagit County, Washington.

(4) Certain aquatic lands consisting of tidelands and bedlands within Fidalgo Bay in Skagit County, described in this subsection:

That portion of the harbor area, waterways, and beds of navigable water in Fidalgo Bay owned by the state of Washington located within Section 5, Township 34 North, Range 2 East, W.M. and within Sections 29, 30, and 32, Township 35 North, Range 2 East, W.M. and further described as follows:

That portion of Fidalgo Bay lying southerly of a line beginning at the northeast corner of Tract No. 10 as shown on Plate 11 of the Tide and Shore Lands of Anacortes Harbor as filed by the Tideland Appraisers dated May 1, 1893, and said line extended easterly to terminate at the meander corner between government lots 2 and 3 of Section 29, Township 35 North, Range 2 East, W.M.;

Excepting therefrom, that portion of the southerly end of the West Arm of Fidalgo Waterway which was vacated by Waterway Vacation No. 101 according to the Commissioner's Order dated April 29, 1959, for Primary State Highway No. 1 (State Route 20);

Also excepting therefrom, that portion of the southerly end of the East Arm of Fidalgo Waterway granted to the Department of Highways as shown on State Road Plat No. 941 dated January 18, 1961, for Primary State Highway No. 1 (State Route 20);

Also excepting therefrom, that 100 foot right of way for railroad purposes across said Fidalgo Waterway granted to the Seattle and Montana Railroad Company by decree filed March 2, 1904, according to Condemnation file No. A26;

Together with, those first class tidelands conveyed to the state of Washington according to the Statutory Warranty deed recorded on December 20, 1999, recorded under Auditor's File No. 199912200133, Skagit County Auditor's records and further described as follows:

Tracts 4, 5, 6, 7, 8, 9, and 10 of Plate 13; Tracts 8, 9, 10, 11, 12, 13, 14, and 15 of Plate 12; that portion of Tracts 16 and 17 of said Plate 12 and lying southerly of the Seattle and Montana Railroad Company by decree filed March 2, 1904, according to Condemnation file No. A26; said tracts and plates are according to of the Tide and Shore Lands of Anacortes Harbor as filed by the Tideland Appraisers dated May 1, 1893;

Excepting therefrom, that portion of said first class tidelands, if any, conveyed to the state of Washington for Primary State Highway No. 1, Jct. S.S.H. No. 1-D (State Route 20) by deed recorded October 15, 1956, under Skagit County Auditor's file No. 542873; by deed recorded January 3, 1958, under Skagit County Auditor's file No. 560284; and by deed recorded February 7, 1961, under Skagit County Auditor's file No. 603915;

Also excepting therefrom, that 100 foot right of way for railroad purposes across said first class tidelands granted to the Seattle and Montana Railroad Company by decree filed March 2, 1904, according to Condemnation file No. A26;

Together with, those second class tidelands conveyed to the state of Washington according to the Statutory Warranty deed recorded on December 20, 1999, recorded under Auditor's File No. 199912200133, Skagit County Auditor's records and further described as follows:

All tidelands of the second class lying between the line of mean high tide and the line of extreme low tide, situated in front of and adjacent to, or abutting government lots 5 and 6, Section 32, Township 35 North, Range 2 East, W.M. and government lot 4, Section 4, Township 34 North, Range 2 East, W.M.;

Together with, those bedlands, if any, lying westerly of the line of extreme low tide fronting and abutting the said second class tidelands situated in front of and adjacent to, or abutting government lots 5 and 6, Section 32, Township 35 North, Range 2 East, W.M. and government lot 4, Section 4, Township 34 North, Range 2 East, W.M.; and lying easterly of said east line of the East Arm of the Fidalgo Waterway;

Together with, those bedlands, if any, lying westerly of the line of extreme low tide fronting and abutting the second class tidelands situated in front of and adjacent to, or abutting government lot 7, Section 32, Township 35 North, Range 2 East, W.M. and lying easterly of the east line of said Fidalgo Waterway and the said east line of the East Arm of Fidalgo Waterway;

Excepting therefrom, that 100 foot right of way for railroad purposes across said bedlands, if any, granted to the Seattle and Montana Railroad Company by decree filed March 2, 1904, according to Condemnation file No. A26;

Together with, second class tidelands and bedlands, if any, lying northerly of the north lateral sideline of said second class tidelands in front of and adjacent to, or abutting government lot 7, Township 35 North, Range 2 East, W.M. and lying southerly of the south line of Tract No. 2 as shown on Plate 12 of the Tide and Shore Lands of Anacortes Harbor as filed by the Tideland Appraisers dated May 1, 1893;

Together with, those bedlands, if any, lying westerly of the line of extreme low tide fronting and abutting the second class tidelands situated in front of and adjacent to, or abutting government lots 2, 3 and 4, Section 29, Township 35 North, Range 2 East, W.M. and the north 10.19 lineal chains along the meander line of government lot 8, Section 32, Township 35 North, Range 2 East, W.M. and lying easterly of the inner harbor line of the easterly most harbor area within Fidalgo Bay as shown on the Map of Anacortes Harbor as filed by the Harbor Line Commission dated 1892;

Excepting therefrom, those bedlands, if any, of said Tract 2 as shown on Plate 12 of the Tide and Shore Lands of Anacortes Harbor as filed by the Tideland Appraisers dated May 1, 1893, as conveyed by the state of Washington according to the deed dated April 17, 1908, within Volume 8 of Tide Land Deeds, page 370 on file in the office of the commissioner of public lands;

Also excepting therefrom, those bedlands, if any, of Fidalgo Bay lying southerly of said line beginning at the northeast corner of Tract No. 10 as shown on Plate 11 of the Tide and Shore Lands of Anacortes Harbor as filed by the Tideland Appraisers dated May 1, 1893, and said line extended easterly to terminate at the meander corner between government lots 2 and 3 of Section 29, Township 35 North, Range 2 East, W.M.;

Also excepting therefrom, tidelands of the first class of said Tract 2 as shown on Plate 12 of the Tide and Shore Lands of Anacortes Harbor as filed by the Tideland Appraisers dated May 1, 1893, as conveyed by the state of Washington according to the deed dated April 17, 1908 within Volume 8 of Tide Land Deeds, page 370 on file in the office of the commissioner of public lands;

Also excepting therefrom, tidelands of the second class, if any, extending from mean high tide to extreme low tide as conveyed by the state of Washington in deeds recorded in Volume 88 of Deeds, page 513 on May 21, 1912, and in Volume 102 of Deeds, page 550 on April 25, 1916, of Skagit County Auditor records, situate in front of and adjacent to or abutting upon that portion of the government meander line described as follows:

Beginning at the northeast corner of Government Lot 1, Section 5, Township 34 North, Range 2 East, W.M.; thence South 28° West, 7.50 chains (495.00 feet); thence South 47° West, 17.50 chains (1155.00 feet) to the terminal point of this description.

Except that portion, if any, lying outside of the bounds of Tract 3, Plate No. 13, Tide and Shore Lands in Section 5, Township 34 North, Range 2 East, W.M., Anacortes Harbor as per the recorded plat thereof on file in the office of the commissioner of public lands, Olympia, WA.

Also excepting that portion conveyed to the state of Washington for Primary State Highway No. 1, Jct. S.S.H. No. 1-D (State Route 20) by deed recorded January 10, 1961, under Skagit County Auditor's file No. 602917.

Situated in Skagit County, Washington.

(5) Certain aquatic lands consisting of tidelands, bedlands, harbor areas, and waterways adjacent to the Puyallup River delta and Commencement Bay in Pierce County (that area of the bay between the Thea Foss and Sitcum Waterways, including the Puyallup River below the I-5 bridge) hereafter described:

That portion of the harbor area fronting and abutting Blocks 29, 30 and 31 of the Amended Supplemental Plat of Tacoma Tide Lands, Sheet 4, approved by the Board of State Land Commissioners October 7, 1902, described as follows:

That portion of the harbor area bounded by the inner and outer harbor lines, the easterly line of City (Thea Foss) Waterway and the westerly line of Middle Waterway;

Excepting therefrom, the following use authorizations issued by the department of natural resources: lease application numbers 22-A002621 and 22-002572;

Also excepting therefrom, any first class tidelands previously sold by the state of Washington.

Situated in the City of Tacoma, Pierce County, Washington.

(6) Certain aquatic lands, consisting of tidelands and bedlands surrounding Maury Island in King County, as described in this subsection:

The tidelands and bedlands of navigable waters, owned by the state of Washington, described as follows:

Those tidelands and bedlands surrounding Maury Island, which are fronting and abutting Section 14, Sections 20-23, inclusively, and Sections 28-32, inclusively, Township 22 North, Range 3 East, W.M.;

Together with, those tidelands and bedlands lying westerly of said Maury Island which are fronting and abutting only those portions of Sections 9 and 16, which are fronting on Quartermaster Harbor, Township 22 North, Range 3 East, W.M.;

Together with, those tidelands and bedlands lying southerly of said Maury Island, which are fronting and abutting Sections 5 and 6, Township 21 North, Range 3 East, W.M.; and said reserve extends waterward to a water depth of 70 feet below mean lower low water or one-half mile from the line of extreme low tide, whichever line is further waterward;

Those tidelands and bedlands lying southerly and easterly of Vashon Island, which are fronting and abutting Section 1, Township 21 North, Range 2 East, W.M.;

Together with, those tidelands and bedlands lying easterly of said Vashon Island, which are fronting and abutting Sections 24, 25, and 36, Township 22 North, Range 2 East, W.M.;

Together with, those tidelands and bedlands lying easterly of said Vashon Island, which are fronting and abutting Sections 17-20, inclusively, Township 22 North, Range 3 East, W.M.;

Together with, those tidelands and bedlands lying southerly westerly of said Vashon Island, which are fronting and abutting only those portions of Sections 8, which is fronting on Quartermaster Harbor, Township 22 North, Range 3 East, W.M.; and said reserve extends waterward to a water depth of 70 feet below mean lower low water or one-half mile from the line of extreme low tide, whichever line is further waterward;

Subject to, department of natural resources use authorizations 51‑021507, 51-027510, 51-033836, 51-CR0207, 51-CR0706, 51-CR0707, 51‑CR1771, 20-009814, 20-A11434, 20-012741, and 20-010075.

Situated in King County, Washington.

NEW SECTION. Sec. 5. Sections 1, 2, and 4 of this act are each added to chapter 79.01 RCW.