[WSBARP] Public access to creeks

[John McCrady]

Generally the state owns the bed of a navigable stream and the upland owner has riparian rights to the stream.
On a non-navigable stream the upland owner is presumed to have title to the thread of the stream and other owners have riparian rights to the stream.
I don't know of any general rule matching what the neighbors are claiming, but perhaps a look at your client's title policy would give some clarification.
I wonder whether the neighbor is confusing planning issues (set-backs, wetland rules etc.) with ownership issues.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Craig Gourley
Sent: Friday, August 13, 2021 10:45 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Public access to creeks

Listmates  While I am sure that different waterways have different rules ( navigable v. non navigable for example) is anyone familiar with any rule that says the state owns or has rights over 30 feet on each side on a non navigable stream?  Client has neighbors claiming they can use 30 feet of his property adjoining the water for their drunken frolics as it is "state land".  Never heard of that before. Anyone else?

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