If a waterway established under the laws of this state, or any
portion of the waterway, has not been excavated, or is not used
for navigation, or is not required in the public interest to
exist as a waterway, the waterway or a portion of the waterway
may be vacated by written order of the commissioner upon request
by ordinance or resolution of the city council of the city in
which such waterway is located or by resolution of the port
commission of the port district in which the waterway is located.
If the waterway or a portion of the waterway which is vacated is
navigable water of the United States, or otherwise within the
jurisdiction of the United States, a copy of the resolution or
ordinance, together with a copy of the vacation order of the
commissioner shall be submitted to the United States army corps
of engineers for their approval, and if they approve, the
waterway or a portion of the waterway is vacated. However, if a
port district owns property abutting the waterway and the
provisions of this section are otherwise satisfied, the waterway,
or the portion of the waterway that abuts the port district
property, shall be vacated.
Upon vacation of a waterway, the commissioner shall notify
the city in which the waterway is located, and the city has the
right, if otherwise permitted by RCW 79.125.200, to extend across
the portions so vacated any existing streets, or to select
portions of the waterway as the city may desire for street
purposes, in no case to exceed one hundred fifty feet in width
for any one street. The selection shall be made within sixty
days subsequent to the receipt of notice of the vacation of the
portion of the waterway.
If the city fails to make a selection within the time, or
selects only a portion of the waterway, the title of the
remaining portions of the vacated waterway shall vest in the
state, unless the waterway is located within the territorial
limits of a port district, in which event, if otherwise permitted
by RCW 79.125.200, the title shall vest in the port district.
The title is subject to any railroad or street railway crossings
existing at the time of the vacation.
[2005 c 155 § 406; 1984 c 221 § 22; 1982 1st ex.s. c 21 § 85. Formerly RCW 79.93.060.]
NOTES:
Severability -- Effective date -- 1984 c 221: See RCW 79.105.901 and 79.105.902.
Application to existing property rights: RCW 79.105.040.