Wa State River Access Laws

[boneaddict]

Anyone in the know on this.   This was basically half the reason I dont fish as much as I used to.  Back in the day on the Methow, Klickitat  and the Wenatchee rivers steelheading or trout fishing was a blast.   Then as people bought land and built their homes on the rivers, it got touch and go as folks "took Ownership" of the river.    I've heard many different things stated such as high water mark, can drift, but feet cant touch the ground etc.    Are there any straighforward RCWs or rules one can quote when the sheriff comes a knockin' ?   

[HntnFsh]

Rules vary from river to river. Some you can access to high water mark.
Others your feet can't touch any part of the ground.
I don't know how to find out which rules apply to each river.

[HighGrouseHunt]

Washington’s water access laws are pretty murky compared to states like Montana where they have pretty clearly articulated what is and is not allowed (despite recent efforts by well heeled newcomers to unwind those pretty solid water access laws).

From what I have been able to find, if a waterway is defined as “navigable” in Washington, then you should be completely legal to fish it via wading or floating provided that you can legally access the river without trespassing across private land, and you do not touch the bank above the normal high-water line.

This is actually laid out in the state constitution: “The state of Washington asserts its ownership to the beds and shores of all navigable waters in the state up to and including the line of ordinary high tide, in waters where the tide ebbs and flows, and up to and including the line of ordinary high water within the banks of all navigable rivers and lakes: Provided, that this Section shall not be construed so as to debar any person from asserting his claim to vested rights in the courts of the state.”

The definition of a “navigable stream” is where things start to fall apart. Most interpretations seem to come from a 1903 Washington Supreme Court case where it was defined as “a stream is navigable for shingle bolts ”. A “shingle bolt” seems to mean 8’ cedar logs in this case. While you would think that would mean most larger streams in this state would be considered “navigable” there seem to be an awful lot of “exceptions” despite this fairly simple definition. From what I have found, most of those came about well after the 1903 case, and most of exceptions don’t seem like they have ever really been tested in court.

For example in Northeast Washington, most of the Kettle River has been designated as “Non-navigable” despite clearly meeting all reasonable interpretations of navigability under Washington law. Apparently there was some coalition of landowners who got together and lobbied state legislators to have this specific river deemed “non-navigable”. Fortunately this designation currently seems to be largely ignored by landowners and and authorities, and the public has access to the river essentially out of the goodness of landowners hearts, rather than via the state law that typically public access. The danger is that this could change in an instant if a landowner decided that they no longer wanted people Floating through their property, or stopping on a sandbar in the middle of the river.

In my mind, hunters and fishermen would be well served to work with other recreationists such as paddlers, to try and get the state to iron out some of the discrepancies in our stream access laws, while also providing better clarification on what is and what is not allowed and where.

[HereDuckyDucky]

Look into the public trust doctrine. I wrote an article on it in law school.

RW

[Bronson]

Washington’s water access laws are pretty murky compared to states like Montana where they have pretty clearly articulated what is and is not allowed (despite recent efforts by well heeled newcomers to unwind those pretty solid water access laws).

From what I have been able to find, if a waterway is defined as “navigable” in Washington, then you should be completely legal to fish it via wading or floating provided that you can legally access the river without trespassing across private land, and you do not touch the bank above the normal high-water line.

This is actually laid out in the state constitution: “The state of Washington asserts its ownership to the beds and shores of all navigable waters in the state up to and including the line of ordinary high tide, in waters where the tide ebbs and flows, and up to and including the line of ordinary high water within the banks of all navigable rivers and lakes: Provided, that this Section shall not be construed so as to debar any person from asserting his claim to vested rights in the courts of the state.”

The definition of a “navigable stream” is where things start to fall apart. Most interpretations seem to come from a 1903 Washington Supreme Court case where it was defined as “a stream is navigable for shingle bolts ”. A “shingle bolt” seems to mean 8’ cedar logs in this case. While you would think that would mean most larger streams in this state would be considered “navigable” there seem to be an awful lot of “exceptions” despite this fairly simple definition. From what I have found, most of those came about well after the 1903 case, and most of exceptions don’t seem like they have ever really been tested in court.

For example in Northeast Washington, most of the Kettle River has been designated as “Non-navigable” despite clearly meeting all reasonable interpretations of navigability under Washington law. Apparently there was some coalition of landowners who got together and lobbied state legislators to have this specific river deemed “non-navigable”. Fortunately this designation currently seems to be largely ignored by landowners and and authorities, and the public has access to the river essentially out of the goodness of landowners hearts, rather than via the state law that typically public access. The danger is that this could change in an instant if a landowner decided that they no longer wanted people Floating through their property, or stopping on a sandbar in the middle of the river.

In my mind, hunters and fishermen would be well served to work with other recreationists such as paddlers, to try and get the state to iron out some of the discrepancies in our stream access laws, while also providing better clarification on what is and what is not allowed and where.

That's not completely true. There are plenty of areas that have private ownership within tidal water and streambeds, and it's recorded on property documents that are filed with the counties.

For the OP, it generally goes by county but every property could be different. It's a pain. But general rule of thumb is that if you're floating you're ok as long as you don't touch the bottom. Once your or your boat does, it could be trespassing (if property boundaries apply). That goes for stillwater and rivers.

[Cylvertip]

I would check the county auditor's web sight.  There should be land ownership maps that will show if the particular area is public or private.  OnX and Garmin Base Camp get their info from that info and should show it too.  Counties may. Have additional info on high water, etc.

[jackelope]

WA Dept of Ecology definition of the high water mark:

“That mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or at it may change thereafter in accordance with permits issued by a local government or the Department of Ecology.”

More interesting info here if you’re bored.

https://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=1825&context=sulr

[jackelope]

This was just brought up in Duvall, which is why I have all this stuff handy. Also these discussions apparently get a little spicy at times when you live in a river valley town

[Scruffy]

WA Dept of Ecology definition of the high water mark:

“That mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or at it may change thereafter in accordance with permits issued by a local government or the Department of Ecology.”

More interesting info here if you’re bored.

https://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=1825&context=sulr

I am glad I don't have riverfront property but my neighbors do.  Looking on the County Property maps my neighbors property lines would extend almost across the river.  Let's say the county says they have 1 acre of land.  Since I moved in 25 yrs ago the river shifted taking over half of the neighbors property.  So if the State declares ownership within the banks and they been paying taxes on 1 acre of land which half is river now, sounds to me they been over taxed for property the State declares as theirs now.

Since I moved to my house and seeing how a river shifts I will never buy close to a river again.

[salmosalar]

Anyone in the know on this.   This was basically half the reason I dont fish as much as I used to.  Back in the day on the Methow, Klickitat  and the Wenatchee rivers steelheading or trout fishing was a blast.   Then as people bought land and built their homes on the rivers, it got touch and go as folks "took Ownership" of the river.    I've heard many different things stated such as high water mark, can drift, but feet cant touch the ground etc.    Are there any straighforward RCWs or rules one can quote when the sheriff comes a knockin' ?

In "navigable" rivers, you can wade to ordinary high water mark. Tidewaters can be owned privately in WA state. We are in the very small minority of states where tidewater are private.

The closest that I ever came to being shot was on the Klick. I had waded up from an access and the gentleman threatened me as I was "trespassing". I was not, however, dead is and in the right is still dead, so I fished somewhere else.

[Macs B]

Just to futher muddy the water of this discussion...see what I did there?

[duckmen1]

Hey Macs B thanks for posting the Waterfront Titles. That will be a good read.

[blackdog]

There are some properties that were privately owned pre statehood and some tidelands were sold for oyster lands under the Bush and Callow acts.

[Gringo31]

I feel sorry for the deputy who gets this call from the irate "landowner".  He has to respond and has no clue on how to address these things as they're all different.  What a mess.

Great question and great feedback 

[jackelope]

Anyone in the know on this.   This was basically half the reason I dont fish as much as I used to.  Back in the day on the Methow, Klickitat  and the Wenatchee rivers steelheading or trout fishing was a blast.   Then as people bought land and built their homes on the rivers, it got touch and go as folks "took Ownership" of the river.    I've heard many different things stated such as high water mark, can drift, but feet cant touch the ground etc.    Are there any straighforward RCWs or rules one can quote when the sheriff comes a knockin' ?

In "navigable" rivers, you can wade to ordinary high water mark. Tidewaters can be owned privately in WA state. We are in the very small minority of states where tidewater are private.

The closest that I ever came to being shot was on the Klick. I had waded up from an access and the gentleman threatened me as I was "trespassing". I was not, however, dead is and in the right is still dead, so I fished somewhere else.

According to what I posted above yours, it looks like you're wrong.