If you think the freshwater ownership issue is a convoluted mess, you should take a look at the saltwater ownership in Puget Sound.

From my understanding (as limited as that might be), the OHWM rule applies to ANY body of water that has been deemed "navigable". What determines that? That's where the murkiness appears. Only a court ruling can deem a waterway "navigable", so only a trip to court can ultimately tell you if you're in the right or in the wrong. There are no "grandfathered" rights of ownership of "navigable" waterways. But you might easily be arrested for trespassing on private property, and then have to go to court to find out that the waterway is indeed navigable and any deed showing ownership of said waterway would be voided by such a finding. For instance, Lake Washington has never been deemed a "navigable" waterway. Clearly it is navigable, but the state does not recognize it as such.

As for saltwaterfront, you must determine if the property has been deeded to the homeowner as oyster beds, under a mining contract, and where those tideland rights end...at the mean low tide mark, the extreme low tide mark, or what. The only way to find out is to call the State DNR Photo/Mapping Sales Office and ask them to send you a catalog of the available plot maps. Pick out the beaches you frequent, and order the maps that apply to you. It will tell you what's state land and what's been leased, deeded, and to where. You can reach their office at : 360-902-1234. The gal that answers the phone is super cool. If you need help interpreting the maps (some of them can be difficult to understand) Jim Thomas in the DNR Title/Records Office can help you out. He was very helpful with the questions I had. He can be reached at 360-902-1791.

This issue is anything but black and white. Black and white is where EVERYONE knows the answer and there's no need to get arrested and go to court to see where the chips fall. It's not easy getting an answer, either. After getting NO help from the Attorney General's Office, the WSP, or the WDFW I was lucky enough to get referred to Mr. Thomas by the Mason Co. Assessor's Office. Do your research to protect both yourself and the private property owners. Yelling "[Bleeeeep!] off!" to somebody who tells you to get off "their" property isn't the right way to handle it. Talk to them about it and see if both sides can be happy. Remeber, this issue became a hotbed partly due to slobby scumbag anglers (and I use that term loosely) dumping every kind of crap imaginable on the people's property, and those people are getting fed up.

Also remember that every piece of trash you pack out helps ensure our access to the water, every pice of trash you leave could result in another property owner getting fed up and denying you access to your favorite hole.