Section 38.05.126. Navigable and public water.

   (a) The people of the state have a constitutional right to free access to and use of the navigable or public water of the state.
   (b) The state has full power and control of all of the navigable or public water of the state, both meandered and unmeandered, and the state holds and controls all navigable or public water in trust for the use of the people of the state.
   (c) Ownership of land bordering navigable or public water does not grant an exclusive right to the use of the water and a right of title to the land below the ordinary high water mark is subject to the rights of the people of the state to use and have access to the water for recreational purposes or other public purposes for which the water is used or capable of being used consistent with the public trust.
   (d) This section may not be construed to affect or abridge valid existing rights or create a right or privilege of the public to cross or enter private land.

Notes

History

(Sec. 4 ch 56 SLA 1999)