Wash. Rev. Code § 79.140.001
Intent—2005 c 155
See RCW 79.105.001.
Revised Code of Washington Chapter 79.140 — Aquatic Lands—Valuable Materials
Washington · statute · Wash. Rev. Code ch. 79.140 · 20 active provisions
Wash. Rev. Code § 79.140.010
Manner of sale—Notice
SALE PROCEDURE (1) When the department decides to sell any valuable materials situated within or upon any state-owned aquatic lands, it is the duty of the department to fix the date, place, and time of sale, and no sale shall be had on any day that is a legal holiday.(2) The department shall give notice of the sale by…
Wash. Rev. Code § 79.140.020
List of valuable materials
The department shall print a list of valuable materials contained within or upon state-owned aquatic lands, giving appraised value, character of the land, and such other information as may be of interest to prospective buyers. The lists must be issued at least four weeks prior to the date of any sale. The department sh…
Wash. Rev. Code § 79.140.030
Expenditures for advertising
The department is authorized to expend any sum in additional advertising of the sale as is determined to be in the best interests of the state.
Wash. Rev. Code § 79.140.040
Reoffer of sale—Readvertised
Any sale that has been offered, and for which there are no bids received, shall not be reoffered until it has been readvertised as specified in RCW 79.140.010 through 79.140.030. If all sales cannot be offered within the specified time on the advertised date, the sale shall continue on the following day between the hou…
Wash. Rev. Code § 79.140.050
Sale by public auction/sealed bid—Exception
All sales of valuable materials shall be at public auction or by sealed bid to the highest responsible bidder, on the terms prescribed by law and as specified in the notice provided, and no land or materials shall be sold for less than their appraised value. However:(1) When valuable material has been appraised at an a…
Wash. Rev. Code § 79.140.060
Determination of highest responsible bidder
(1) To determine the "highest responsible bidder" under RCW 79.140.050, the department shall be entitled to consider, in addition to price, the following:(a) The financial and technical ability of the bidder to perform the contract;(b) Whether the bid contains material defects;(c) Whether the bidder has previously or i…
Wash. Rev. Code § 79.140.070
Sales by public auction—Procedure
(1) Sales by public auction under this chapter shall be conducted under the direction of the department, by its authorized representative. The department's representatives are referred to as auctioneers.(2) On or before the time specified in the notice of sale each bidder shall deposit with the auctioneer, in cash or b…
Wash. Rev. Code § 79.140.080
Confirmation of sale
(1) A sale of valuable materials shall be confirmed if:(a) No affidavit showing that the interest of the state in such a sale was injuriously affected by fraud or collusion, is filed with the department's Olympia office within ten days from the receipt of the report of the auctioneer conducting the sale;(b) It appears…
Wash. Rev. Code § 79.140.100
Valuable materials from Columbia river—Agreements with Oregon
SPECIAL PROVISIONS AND LEASES The department is authorized and empowered to confer with and enter into any agreements with the public authorities of the state of Oregon, which in the judgment of the department will assist the state of Washington and the state of Oregon in securing the maximum revenues for sand, gravel,…
Wash. Rev. Code § 79.140.110
Material removed for channel or harbor improvement or flood control—Use for public purpose
When gravel, rock, sand, silt, or other material from any state-owned aquatic lands is removed by any public agency or under public contract for channel or harbor improvement, or flood control, use of the material may be authorized by the department for a public purpose on land owned or leased by the state or any munic…
Wash. Rev. Code § 79.140.130
Prior appraisal required
In no case shall any valuable materials situated within or upon any tidelands, shorelands, or beds of navigable waters belonging to the state, be offered for sale unless the same shall have been appraised by the department of natural resources within ninety days prior to the date fixed for the sale.
Wash. Rev. Code § 79.140.140
Bill of sale for valuable material sold separately
When valuable materials are sold separate from state-owned aquatic lands and the purchase price is paid in full, the department shall cause a bill of sale, signed by the commissioner and attested by the seal of the commissioner's office, setting forth the time within which the material shall be removed. The bill of sal…
Wash. Rev. Code § 79.140.150
Sale of rock, gravel, sand, silt, and other valuable materials
The department, upon application by any person or when determined by the department to be in the best interest of the state, may enter into a contract or lease providing for the removal and sale of rock, gravel, sand, and silt, or other valuable materials located within or upon beds of navigable waters, or upon any sta…
Wash. Rev. Code § 79.140.160
Sale of rock, gravel, sand, and silt—Application—Terms of lease or contract—Bond—Payment—Reports
Each application made pursuant to RCW 79.140.150 shall set forth the estimated quantity and kind of materials desired to be removed and shall be accompanied by a map or plat showing the area from which the applicant wishes to remove the materials. The department may in its discretion include in any lease or contract en…
Wash. Rev. Code § 79.140.170
Sale of rock, gravel, sand, and silt—Investigation, audit of books of person removing
The department may inspect and audit books, contracts, and accounts of each person removing rock, gravel, sand, or silt pursuant to any lease or contract under RCW 79.140.150 and 79.140.160 and make such other investigation and secure or receive any other evidence necessary to determine whether or not the state is bein…
Wash. Rev. Code § 79.140.180
Contract for sale of rock, gravel, etc.—Royalties—Consideration of flood protection value
Whenever, pursuant to RCW 79.15.300, the department enters into a contract for the sale and removal of rock, gravel, sand, or silt out of a riverbed, the department shall, when establishing a royalty, take into consideration flood protection value to the public that will arise as a result of the removal.
Wash. Rev. Code § 79.140.190
Leases and permits for prospecting and contracts for mining valuable minerals and specific materials from aquatic lands—Exceptions
(1) Except as provided in subsection (2) of this section, the department may issue permits and leases for prospecting, placer mining contracts, and contracts for the mining of valuable minerals and specific materials, except rock, gravel, sand, silt, coal, or hydrocarbons, upon and from any state-owned aquatic lands, o…
Wash. Rev. Code § 79.140.200
Option contracts for prospecting and leases for mining and extraction of coal from aquatic lands
The department is authorized to execute option contracts for prospecting purposes and leases for the mining and extraction of coal from any state-owned aquatic lands or from which it may acquire title, or from any aquatic lands sold or leased by the state the minerals of which have been reserved by the state. The proce…
Wash. Rev. Code § 79.140.210
Mount St. Helens dredge spoils or materials
(1)(a) The legislature finds and declares that an extraordinary volume of material washed down onto beds of navigable waters and shorelands in the Toutle river, Coweeman river, and portions of the Cowlitz river following the eruption of Mount St. Helens in 1980.(b) The legislature further finds that the owners of priva…