SENATE BILL REPORT

SHB 1688

BYHouse Committee on Natural Resources & Parks (originally sponsored by Representatives K. Wilson, Belcher and Beck)

Changing lease and contract requirements for tidelands, shorelands, and beds of navigable waters.

House Committe on Natural Resources & Parks

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):March 21, 1989

Majority Report:  Do pass.

      Signed by Senators Metcalf, Chairman; Amondson, Vice Chairman; Barr, Bauer, Benitz, Kreidler, Owen, Patterson, Sutherland.

Senate Staff:Vic Moon (786-7469)

                  March 21, 1989

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, MARCH 21, 1989

BACKGROUND:

The Department of Natural Resources (DNR) may sell or lease state-owned tidelands or beds of navigable waters.  The contracts for the purchase or lease of these lands are assignable by the contract holder.  DNR must approve the assignment, and the person to whom the contract or lease is assigned is subject to the same laws and has the same rights as the original contract holder.

Some leases and contracts are for as long as 30 years.  There have been changes in conditions for the use of aquatic lands.  The current law is ambiguous as to whether the department can condition approval of an assignment on the contract or lease updated.

SUMMARY:

The Department of Natural Resources is authorized to change the terms and conditions of a contract or lease as a condition of approving an assignment of that contract or lease.  This authority applies only to leases and contracts entered into after the effective date of this bill, and to existing leases and contracts where this authority has been specifically included as a term of the lease or contract.  The department's approval of an assignment cannot be unreasonably withheld.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Stan Biles, Department of Natural Resources (pro)