H-4325              _______________________________________________

                                                   HOUSE BILL NO. 3010

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Youngsman, Haugen, S. Wilson, Basich, Brumsickle, Sayan, Bowman, Wolfe, Betrozoff, May, R. Meyers, McLean, Baugher and D. Sommers

Read first time 2/2/90 and referred to Committees on Judiciary/ Appropriations.

AN ACT Relating to notification and appropriate defense of impending actions that may result in loss of rights to public and private landowners; creating a new section; making an appropriation; and declaring an emergency.

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

NEW SECTION. Sec. 1.     The attorney general is required to vigorously assert all possible defenses to Indian treaty claims, including the equitable limitation of the moderate standard of living for treaty tribes set forth in WASHINGTON V. WASHINGTON STATE COMMERCIAL PASSENGER FISHING VESSEL ASSOCIATION, 443 U.S.  658 (1979).  The state will defend title to tidelands transferred to other by the state since statehood by means of independent outside counsel.  The state shall also defend the public's rights of access to public beaches, including tidelands not privately owned, and parks for recreational shellfish harvesting purposes.

NEW SECTION. Sec. 2.     (1) The sum of one million six hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the attorney general to provide adequate funding for the notification and defense against Indian tribal claims to special shellfish harvesting rights on public and private tidelands (U.S. V. WASHINGTON, SUBPROCEEDING 89-3, Federal District Court WD WA No. 9213, and related proceedings).

          (2) One hundred thousand dollars shall be used for the purposes of notification to all landowners of privately owned tidelands and owners of waterfront uplands adjacent to or near public or publicly owned tidelands about the impending declaratory judgment of the harvesting or access rights.  If the declaratory judgment is decided in favor of the petitioners, it could provide an easement to tidelands and alter the property titles for all lands described in this subsection, as well as other lands that may face similar action in the future.  The notification will inform potential landowners, as described in this subsection, that their rights might be at risk if the declaratory judgment is decided in favor of the petitioners.

          (3) One million five hundred thousand dollars shall be used for the defense against Indian tribal claims to special shellfish harvesting rights on public and private tidelands (U.S. V. WASHINGTON, SUBPROCEEDING 89-3, Federal District Court WD WA No. 9213, and related proceedings).

NEW SECTION. Sec. 3.     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 shall take effect immediately.