September 1979
In a recent meeting with Rep. Scott Barr, one of the sponsors of HB 486, which provided for the sale of second class shorelands on navigable lakes to the abutting upland land owner, we were dismayed to hear that the intent of the legislation is being circumvented by the Department of Natural Resources (DNR).
It would seem that in the drafting of this bill that certain, seemingly unimportant at the time, insertions of the English language by the DNR, may very well undermine and defeat the intent of the bill.
These key words were "minimal public value" and "public interest." In itself very innocent, but the DNR has interpreted that the idea of selling any of the second class shorelands to the abutting landowner (who in most cases thought he already owned the land between high water and the point of navigability) is not in the public interest. Thus they do not, in fact, intend to implement the legislation placed in their hands as the administrative department for HB 486.
We, as members of DLPOA, are soliciting the help of all of its members, Deer Lake property owners, and friends, to write to all of the members of the Board of Natural Resources, who apparently set policy or advise the Dept. of Natural Resources in the proper procedure to follow and the necessity to define the clauses - minimal public value and public interest, and once defined to implement the legislation as it was intended.
Again, let's go back. We need your concerted effort in writing letters to each one of the five members of the Board of Natural Resources to direct the DNR to implement the legislation as it was intended, to in fact, offer to the abutting landowners the opportunity to purchase the second class shorelands at a fair market price and to do it NOW.
Some more thoughts and rationale for your letter may come from the following enclosures on the procedures for the sale of second class shorelands as was recommended to Rep. Scott Barr, by a committee of interested property owners who own property around the navigable inland lakes of Eastern Washington which are affected by this legislation.
We certainly feel, as Directors of DLPOA, that this recommended procedure would be the procedure for the DNR to follow in implementing the law. It would also seem to be in the public interest to eliminate any possible confusion as to ownership of the beach area in front of your property. How is the public to know which is private and which is public? The sometimes mentioned proposal, that the DNR would require you to pay lease money on docks or other improvements would be more opposite to the public interest view. If the DNR would be willing to lease, then they should be willing to sell. There will be upcoming hearings across the state, hopefully one in Spokane, to acquire public input on which procedural criteria will be used. It is a must that as many property owners, around the inland lakes, attend and personally extend their views.
Please let's get this matter settled once and for all. It is a valuable consideration that needs attending to. The list of names and addresses of the Board of Natural Resources is enclosed. Letters must be written and mailed before October 1st as their meeting is later that week. Encourage your friends to also write and encourage the DNR to implement the legislation as it was intended. We must hurry before it is too late and we lose this opportunity altogether. While you are at it, send DLPOA a copy of your letter. This will enable us to follow up and show more clout at the upcoming hearings. Also enclosed is DLPOA's list of officers and directors, whom you may call for more information.
BOARD OF NATURAL RESOURCES
Bert Cole, Commissioner of Public LandsBuster Brouillet, Superintendent of Public
Instruction
Old Capitol Building
Olympia, Washington 98504
Jack Robins, Dean of College of
Agriculture
Washington State University
Pullman, Washington 99163
Jim Bethel, Director of Forestry
Department
University of Washington
Seattle, Washington
Tom Galbraith, Office of the Governor
Olympia,
Washington 98504
SALE OF SECOND CLASS SHORELANDS
Second class shoreland areas in question gradually slipped into navigable status with razor-thin, questionable and minor technical justification over many years. A strong possibility exists that this status will be overturned on most of the so-called "navigable" inland lakes in question, meaning that the state would receive neither sale nor rent money for the second class shorelands under consideration. Most of the unsold portions are on the smaller lakes some of which were merely claimed to be navigable by the Department of Natural Resources, casting an even larger question mark over the navigability status of those lakes.
Peace and harmony among various segments of society must be a paramount factor in these discussions and decisions. Most of the property in question is presently in private ownership in a checkerboard fashion; under those circumstances, it has been difficult, if not impossible, for the public to identify what small areas might be state-owned. The discrimination which currently exists because of partial private ownership of second class shorelands would be eliminated if all upland property owners could purchase the second class shorelands abutting their property.
Chaos would probably prevail if the general public is misled to believe there was a substantial area for their unrestricted use when, in fact, there never could be.
Legislative intent behind the passage of House Bill 486 is very clear. The intent is to revert to the sale criteria which were in effect prior to the 1971 moratorium. If it had not been the Legislature's desire to give private property owners on inland lakes the opportunity to purchase abutting second class shorelands, HB 486 would have never been introduced, discussed, debated, compromised and approved by an overwhelming majority.
The Legislature intended that the general public's interest in regards to maintaining access to the lakes and continuing any uses presently enjoyed were to be protected in the bill by excluding the sale of shorelands in front of public access or publicly owned abutting upland. It is very apparent that the general public would make the same use of the lakes after the remaining portions were sold as they do at the present time.
There is no justification for stated fears that if the remaining second class shorelands on "navigable" lakes are sold that the result will be the selling of tidelands. They are two very different situations.
Property tax revenues to the state have been enhanced by private ownership in the past and would be further increased with additional sales. The returns on further sales in combination with the added property tax would all represent new dollars generated for the state treasury at a time when the revenue is very important.
It is obvious in comparing the difference in the use of the funds obtained through the sale of the shorelands versus the dollars generated through leases, that the state's taxpayers would benefit most from the revenues acquired through the sale of the lands. Intended use of the monies generated by leases could be questioned, in light of the general public's present attitude in opposition to building bureaucracies. To prevent the implementation of MB 486 would be to deny the use of the revenues for the purpose intended by the Legislature. To be in harmony with the legislative intent behind MB 486, the Board of Natural Resources should direct that the attached guidelines for the Washington Administrative Code be submitted to the public for comment at this time.
W.A.C. PROVISIONS SHOULD PROVIDE SALE OF 2ND CLASS SHORELANDS
By HB 486 Sponsors on behalf of public
A. Publicly owned shorelands shall be sold to private upland owners:
1. only when the shoreland has minimal public value, as defined herein, and the sale is in the public interest as defined herein;
2. only to the extent that the shorelands border the private upland property of the purchaser;
3. The lakeward extent of the second class shorelands to be sold shall be presumed to be to a depth of 10 feet of water at ordinary low water but not less than 50 feet from the ordinary high waterline whichever is the greater distance, until the actual line of navigability is established pursuant to RCW 79.01.032.
B. All second-class shorelands which are bordered by privately held upland property have minimal public value.
C. Upon receipt of a request to purchase a second-class shoreline, the Department shall determine whether or not the shoreline is of minimal public value as defined herein and the Board of Natural Resources shall determine whether or not the sale would be in the public interest as defined herein, and a sales price shall be established in a reasonable period of time not to exceed 30 days.
D. The Department shall determine the fair market value of shorelands .
President: Dave Nixon, W.2422 Broad, Spokane, WA 99208
Vice President: Howard Wohrle, Box A, Deer Park, WA 99006
Secretary: Eleanor Paton, Rt. 1 Box 78, Loon Lake, WA 99148
Treasurer: Kathryn Bean, N. 2803 Stout Rd., Spokane, WA 99206
-BOARD MEMBERS-
1 Year Term: Bill Paton, Rt. 1 Box 78, Loon Lake, WA 99148
Clyde Innis, Sunrise Point, Deer Lake, WA 99148
Bill Haney, Rt. 1 Box 129, Clayton, WA
Ray Daves, Rt. 3 Box 168, Deer Park, WA 99006
2 Year Term: Inga Lord, Rt. 1 Box 98, Loon Lake, WA 99148
Ted Maxson, Rt. 1 Loon Lake, WA 99148
Ed Sweet, 4110 NW Blvd., Spokane, WA 99205
Jerry Linton, W. 2927 Hoffman, Spokane, WA 99205
3 Year Term: Lee Bayley, N. 5540 Drumheller, Spokane, WA 99208
Wes Wagoner, E. 1128 Longfellow, Spokane, WA 99207
Les Schneider, Rt. 1 Box 97, Clayton, WA
Bill Galvin, W. 2011 Courtland, Spokane, WA 99205
- COMMITTEE MEMBERS -
Pete Bach, S. 3531 Croydon Ct., Spokane, WA 99203
-COMMITTEES-
Program ..................................................................... Dave Nixon
Publicity......................................................................Lee Bayley
Legislative.......................................................... Dave Nixon, Bill Paton
Road & Water Safety .................... Howard Wohrle, Les Schneider, Clyde Innis, Ray Daves
Fishery .................................. Wes Wagoner, Ted Maxson, Bill Haney, Jerry Linton
Road Maintenance .............................................................. Ed Sweet
Auditing ...................................................................... Ray Daves
Telephone .....................................................................Inga Lord
Newletter Distribution.............................................. Eleanor Paton, Bill Paton
Planning & Preservation .......................... Bill Paton, Ted Maxson, Ed Sweet, Pete Bach
MEETINGS: The 2nd Wednesday each month
Time: 7:00 P.M.
Washington Water Power Co. BIdg., Deer Park, Washington