(1) The management
of state-owned aquatic lands shall preserve and enhance
water-dependent uses. Water-dependent uses shall be favored over
other uses in state-owned aquatic land planning and in resolving
conflicts between competing lease applications. In cases of
conflict between water-dependent uses, priority shall be given to
uses which enhance renewable resources, water-borne commerce, and
the navigational and biological capacity of the waters, and to
statewide interests as distinguished from local interests.
(2) Nonwater-dependent use of state-owned aquatic lands is a
low-priority use providing minimal public benefits and shall not
be permitted to expand or be established in new areas except in
exceptional circumstances where it is compatible with
water-dependent uses occurring in or planned for the area.
(3) The department shall consider the natural values of
state-owned aquatic lands as wildlife habitat, natural area
preserve, representative ecosystem, or spawning area prior to
issuing any initial lease or authorizing any change in use. The
department may withhold from leasing lands which it finds to have
significant natural values, or may provide within any lease for
the protection of such values.
(4) The power to lease state-owned aquatic lands is vested
in the department, which has the authority to make leases upon
terms, conditions, and length of time in conformance with the
state Constitution and chapters 79.105 through 79.140 RCW.
(5) State-owned aquatic lands shall not be leased to persons
or organizations which discriminate on the basis of race, color,
creed, religion, sex, age, or physical or mental handicap.
[2005 c 155 § 143; 1984 c 221 § 3. Formerly RCW 79.90.460.]