[QUOTE]Originally posted by JR32:
[QB] I would like to point out that the rules for access land below the high water line only applies to rivers. In the salt a land owner can purchase the tide lands. this is the beach uncovered during low tide...

JR32, I disagree about your analysis of the Public Trust Doctrine not applying to salt water shorelines of the state.

"Although the state may sell lands beneath the waters, which are either navigable or effected by the ebb and flow of tides, the new property owners must abide by the dictates of the public trust.

The Doctrine of Custom

The doctrine of custom may also have applicability in many Washington cases. This doctrine provides that a public right exists for use of private lands if the following circumstances exist:

1) the area has been used by the public for as long as people can remember;
2) the use has continued wihtout interruption;
3) the use has been peaceable and acquiesced to;
4) the use is reasonable;
5) the use is certain and definable;
6) though established by consent, the use is compulsory in its operation; and
7) the use is consistent with other custom and laws.

The Washington State Attorney General opined that this doctrine applies to the outer coast, and that the public has a right to use wet and dry sand portions of the beach to the line of permanent vegetation. This is written opinion has stood for over 15 years (apparently 28 years so far) without a challenge. Although it has not been applied to inland waters, it is possible that there are a number of instances where the seven criteria could be met." - -Washington State Department of Ecology Shoreline Public Access Handbook, Shorelands & Coastal Zone Management Program, February 1990.

My take on this is that until the State Supreme Courts decides to make a ruling on the public access issues on inland Puget Sound the formal ruling above applies to the use of our Puget Sound beaches, and that is
"the public has a right to use wet and dry sand portions of the beach to the line of permanent vegetation. "

I always try to respect other peoples property as much as possible by being quiet and picking up after myself, but sometimes I stand up for my right to be on a particular beaches at certain times!

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BD