Revised Code of Washington

Wash. Rev. Code § 79.130.010 (2026)

Lease of beds of navigable waters

✓ current as of May 2026
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(1) Except as provided in RCW 79.130.060, the department may lease to the abutting tidelands or shorelands owner or lessee, the beds of navigable waters lying below the line of extreme low tide in waters where the tide ebbs and flows, and below the line of navigability in lakes and rivers claimed by the state and defined in Article XVII, section 1 of the state Constitution.
(2) In case the abutting tidelands or shorelands or the abutting uplands are not improved or occupied for residential or commercial purposes, the department may lease the beds to any person for a period not exceeding ten years for booming purposes.
(3) Nothing in this chapter shall change or modify any of the provisions of the state Constitution or laws of the state which provide for the leasing of harbor areas and the reservation of lands lying in front of harbor areas.
[ 2005 c 155 s 601; 1987 c 271 s 2; 1982 1st ex.s. c 21 s 130. Formerly RCW 79.95.010.]

Notes:

Severability1987 c 271: See note following RCW 79.130.050.
Notes of Decisions
Cited in 3 cases, 2007–2016 · leading case: Hood Canal Sand & Gravel v. Peter Goldmark, 381 P.3d 95 (Wash. Ct. App. 2016).
Hood Canal Sand & Gravel v. Peter Goldmark, 381 P.3d 95 (Wash. Ct. App. 2016). · cites it 5× “The district court’s ruling stated: HCSG “does not have a ‘priority right’ to lease the bedlands” because RCW 79.130.010 permitted (rather than required) DNR to lease bedlands to abutting landowners.”
Echo Bay Cmty. Ass'n v. Dep't of Nat. Resources, 139 Wash. App. 321 (Wash. Ct. App. 2007). · cites it 9× “DNR’s Authority ¶9 Relying on RCW 79.130.010, which is titled “Lease of beds of navigable waters,” and provides “the department may lease [bedlands] to the abutting tidelands or shorelands owner or lessee,” Echo Bay argues that DNR *326 has authority to lease bedlands only to…”
Echo Bay v. Dept. of Nat. Resources, 160 P.3d 1083 (Wash. Ct. App. 2007). · cites it 11× “DNR's Authority ¶ 9 Relying on RCW 79.130.010, which is titled "Lease of beds of navigable waters," and provides "the department may lease [bedlands] to the abutting tidelands or shorelands owner or lessee," Echo Bay argues that DNR has authority to lease bedlands only to…”
— Wash. Rev. Code § 79.130.010(1) — 3 cases
Hood Canal Sand & Gravel v. Peter Goldmark, 381 P.3d 95 (Wash. Ct. App. 2016). “The district court’s ruling stated: HCSG “does not have a ‘priority right’ to lease the bedlands” because RCW 79.130.010 permitted (rather than required) DNR to lease bedlands to abutting landowners.”
Echo Bay Cmty. Ass'n v. Dep't of Nat. Resources, 139 Wash. App. 321 (Wash. Ct. App. 2007). “DNR’s Authority ¶9 Relying on RCW 79.130.010, which is titled “Lease of beds of navigable waters,” and provides “the department may lease [bedlands] to the abutting tidelands or shorelands owner or lessee,” Echo Bay argues that DNR *326 has authority to lease bedlands only to…”
Echo Bay v. Dept. of Nat. Resources, 160 P.3d 1083 (Wash. Ct. App. 2007). “DNR's Authority ¶ 9 Relying on RCW 79.130.010, which is titled "Lease of beds of navigable waters," and provides "the department may lease [bedlands] to the abutting tidelands or shorelands owner or lessee," Echo Bay argues that DNR has authority to lease bedlands only to…”
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