Lands or waters below the ordinary high water mark are held in trust for the full enjoyement of the public. However, it is indeed a trespass if you use private uplands to gain access to those lands below the OHWM. A riverside or saltwater beach owner may have property's lines that extend out into the river or saltwater, but they must realize that the citizens of washington have a right to use lands below the OHWM. All of this only apply's to shorelines of the state (saltwater shorelines, creeks with a greater mean annual flow of over 20 cfs, & lakes greater than 20 acres in size), and waterways deemed "navigable" by the Army Corps of Engineers.

This link helps explain it to:
http://www.adventuresports.com/river/nors/states/wa-law.htm

Hope this clears up things a little....

Bobber Down

"Keep your hooks sharp!"
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Bobber Down

"It makes no sense to regulate salmon habitat on land while allowing thousands of yards of gill nets to be stretched across salmon habitat in the water"

John Carlson, Gubernatorial Contender, Sept. 2000 speech at the Ballard Locks