[WSBARP] Public access to creeks

Fri Aug 13 13:14:27 PDT 2021

The 30' reference may be someone confused about the applicability of the Shoreline Protection act to construction within 30' of the water.

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G. Geoffrey Gibbs
Anderson Hunter Law Firm
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Dean Prather
Sent: Friday, August 13, 2021 11:05 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; craig at glgmail.com
Subject: Re: [WSBARP] Public access to creeks

Craig,

My understanding is that if the stream was navigable on the date of statehood (11/11/1889) then the state owns the bed of the stream. If the stream is not navigable, the abutting uplands owners own the bed of the stream. There is no "30 foot" rule of state ownership that I have ever heard about, and no state ownership of a non-navigable stream. The partiers should probably be trespassed by law enforcement.

Dean Prather, Esq.

DEAN PRATHER ESQ. PLLC

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> on behalf of Craig Gourley <craig at glgmail.com<mailto:craig at glgmail.com>>
Sent: Friday, August 13, 2021 10:44 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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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