Wash. Rev. Code § 78.22.010
Extinguishment of unused mineral rights authorized
Any mineral interest, if unused for a period of twenty years, may be extinguished by the surface owner as set forth in RCW 78.22.050 and 78.22.060.
Revised Code of Washington Chapter 78.22 — Extinguishment of Unused Mineral Rights
Washington · statute · Wash. Rev. Code ch. 78.22 · 9 active provisions
Wash. Rev. Code § 78.22.020
"Mineral interest" defined
A mineral interest means the interest which is created by an instrument transferring, either by grant, assignment, or reservation, or otherwise an interest, of any kind, in any subsurface mineral.
Wash. Rev. Code § 78.22.030
Acts constituting use of mineral interest
A mineral interest is used if:(1) Any minerals produced have been in connection with the mineral interest;(2) Operations for injection, withdrawal, storage or disposal of water, gas, or other fluid substances have been conducted in connection with the mineral interest;(3) Rents or royalties have been paid for the purpo…
Wash. Rev. Code § 78.22.040
Statement of claim—Contents—Fees—Filing
The statement of claim referred to in RCW 78.22.030(9) shall be filed by the current owner of the mineral interest prior to the end of the twenty-year period set forth in RCW 78.22.010 or within two years after June 7, 1984, whichever is later. The statement of claim shall contain the name and address of the current ow…
Wash. Rev. Code § 78.22.050
Extinguishment of mineral interest—Procedure
(1) After the later of the expiration of the twenty-year period set forth in RCW 78.22.010 or two years after June 7, 1984, the surface owner may extinguish the mineral interest held by another person and acquire ownership of that interest by providing sixty days notice of intention to file a claim of abandonment and e…
Wash. Rev. Code § 78.22.060
Presumption of extinguishment—Conditions—Statement of claim—Filing, recording, indexing
Upon payment of fees provided in RCW 36.18.010, and if the surface owner files the claim of abandonment and extinguishment, together with a copy of the notice and the affidavit of publication, as required in RCW 78.22.050, in the county auditor's office for the county where such interest is located then the mineral int…
Wash. Rev. Code § 78.22.070
Statement of claim—Notice and affidavit of publication—Auditor's duties
Upon receipt, the county auditor shall record a statement of claim or a notice and affidavit of publication in the dormant mineral interest index. When possible, the auditor shall also indicate by marginal notation on the instrument originally creating the mineral interest the recording of the statement of claim or not…
Wash. Rev. Code § 78.22.080
Exemptions from claim of abandonment and extinguishment
Mineral interests retained or owned by any public entity or mineral interests resulting from land exchanges between public and private owners shall not be subject to a claim of abandonment and extinguishment.
Wash. Rev. Code § 78.22.090
Waiver prohibited
The provisions of this chapter may not be waived at any time prior to the expiration of the twenty-year period under RCW 78.22.010.