(1) The department, upon application by any person, may
enter into a contract providing for the sale and removal of rock,
gravel, sand, and silt located upon state lands or state forest
lands, and providing for payment to be made on a royalty basis.
(2) The issuance of a contract shall be made after public
auction and shall not be issued for less than the appraised value
of the material.
(3) Each application made pursuant to this section shall:
(a) Set forth the estimated quantity and kind of materials
desired to be removed; and
(b) Be accompanied by a map or plat showing the area from
which the applicant wishes to remove such materials.
(4) The department may in its discretion include in any
contract such terms and conditions required to protect the
interests of the state.
(5) Every contract shall provide for a right of forfeiture
by the state, upon a failure to operate under the contract or pay
royalties for periods therein stipulated. The right of
forfeiture is exercised by entry of a declaration of forfeiture
in the records of the department.
(6) The department may require a bond with a surety company
authorized to transact a surety business in this state, as
surety, to secure the performance of the terms and conditions of
such contract including the payment of royalties.
(7) The amount of rock, gravel, sand, or silt taken under
the contract shall be reported monthly by the purchaser to the
department and payment therefor made on the basis of the royalty
provided in the contract.
(8) The department may inspect and audit books, contracts,
and accounts of each person removing rock, gravel, sand, or silt
pursuant to any such contract and make such other investigation
and secure or receive any other evidence necessary to determine
whether or not the state is being paid the full amount payable to
it for the removal of such materials.
[2003 c 334 § 335; 1985 c 197 § 1; 1961 c 73 § 11. Formerly RCW 79.01.134.]
NOTES:
Intent -- 2003 c 334: See note following RCW 79.02.010.