Wash. Rev. Code » Title 79 · Chapter 79.105
Revised Code of Washington

Wash. Rev. Code § 79.105.210 (2026)

✓ current as of May 2026
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(1) The management of state-owned aquatic lands shall preserve and enhance water-dependent uses. Water-dependent uses shall be favored over other uses in state-owned aquatic land planning and in resolving conflicts between competing lease applications. In cases of conflict between water-dependent uses, priority shall be given to uses which enhance renewable resources, waterborne commerce, and the navigational and biological capacity of the waters, and to statewide interests as distinguished from local interests.
(2) Nonwater-dependent use of state-owned aquatic lands is a low-priority use providing minimal public benefits and shall not be permitted to expand or be established in new areas except in exceptional circumstances where it is compatible with water-dependent uses occurring in or planned for the area.
(3) The department shall consider the natural values of state-owned aquatic lands as wildlife habitat, natural area preserve, representative ecosystem, or spawning area prior to issuing any initial lease or authorizing any change in use. The department may withhold from leasing lands which it finds to have significant natural values, or may provide within any lease for the protection of such values.
(4) The power to lease state-owned aquatic lands is vested in the department, which has the authority to make leases upon terms, conditions, and length of time in conformance with the state Constitution and chapters 79.105 through 79.140 RCW.
(5) State-owned aquatic lands shall not be leased to persons or organizations which discriminate on the basis of race, color, creed, religion, sex, age, or disability.
[ 2020 c 274 s 67; 2005 c 155 s 143; 1984 c 221 s 3. Formerly RCW 79.90.460.]
Notes of Decisions
Cited in 2 cases, 2016–2019 · leading case: Pope Resources Lp & Opg Props., V Wa State Dept Of Nat. Resources, 389 P.3d 699 (Wash. Ct. App. 2016).
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Pope Resources Lp & Opg Props., V Wa State Dept Of Nat. Resources, 389 P.3d 699 (Wash. Ct. App. 2016). · cites it 5× “010(1); RCW 79.105.210. I would note that although MTCA does not define “ownership interest,” the legislature has defined this term in a wholly different context.”
Nw. Alloys, Inc. v. State Of Washington Dep't Of Nat. Resources, 447 P.3d 620 (Wash. Ct. App. 2019). “Indeed, RCW 79.105.210(4) states, “The power to lease state-owned aquatic lands is vested in the department, which has the authority to make leases upon terms, conditions, and length of time in conformance with the state Constitution and chapters 79.”
— Wash. Rev. Code § 79.105.210(4) — 2 cases
Pope Resources Lp & Opg Props., V Wa State Dept Of Nat. Resources, 389 P.3d 699 (Wash. Ct. App. 2016). “010(1); RCW 79.105.210. I would note that although MTCA does not define “ownership interest,” the legislature has defined this term in a wholly different context.”
Nw. Alloys, Inc. v. State Of Washington Dep't Of Nat. Resources, 447 P.3d 620 (Wash. Ct. App. 2019). “Indeed, RCW 79.105.210(4) states, “The power to lease state-owned aquatic lands is vested in the department, which has the authority to make leases upon terms, conditions, and length of time in conformance with the state Constitution and chapters 79.”
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