CONSTITUTION ^5 



TIDE LANDS. ART. XVII 



NAVIGABLE WATER: 



See 2 Remington's Digest, p. 2120, sec. 1 ; idem, Vol. 4, p. 779, sec. 1. 



This section refers to waters navigable for the general purposes of com- 

 merce, and not to those which are public highways merely for the floatage of 

 logs : Watkins v. Dorris, 24 Wash. 636. 



Waters to be navigable within this section must be so in their natural condi- 

 tion : East Hoquiam Boom etc. Co. v. Neeson, 20 Wash. 142. 



A body of water is navigable in law if it is capable of being navigated in 

 fact ; and the fact that its small size renders it of little use for that purpose is 

 not determinative : Brace & Hergert Mill Co. v. State, 49 Wash. 326. 



A stream is not navigable merely because it has its source in navigable water : 

 Neio Whatcom v. Fairhaven Land Co., 24 Wash. 492. 



Tidal water is navigable in law if in fact it is navigable, though only at 

 high tide : Dawson v. McMillan, 34 Wash. 269. 



A river which was not meandered, has a depth of four feet during high water 

 and two feet in low water, with occasional shoals, an average width of forty 

 feet, and which has been navigated only by rowboats used for fishing for sport, 

 is not a navigable river within this section : Griffith v. Holman, 23 Wash. 347. 



A tidal river which is navigable by rowboat at half tide and contains six 

 feet of water at high tide, is navigable in fact : Judson v. Tide Water Lbr. Co., 

 51 Wash. 164. 



A lake averaging less than a mile in width, two miles in length, and about 

 18 feet in depth, having no navigable outlet or inlet, and having been put to 

 no use of trade and commerce except the navigation of a small pleasure steamer 

 upon which passengers were carried for hire, is a navigable lake within this 

 section : Maason v. Spokane Valley Land etc. Co., 40 Wash. 414 ; Kalez v. Spo- 

 kane Canal Co., 42 Wash. 43. 



A lake with an area of nine hundred acres and a general depth of 25 feet is 

 a navigable lake : Brace & Hergert Mill Co. v. State, 49 Wash. 326. 



The fact that a stream is not meandered by the government survey does not 

 establish its character as to navigability : Sumner Lbr. Co. v. Pac. Coast Power 

 Co., 72 Wash. 631 ; Lownsdale v. Grays Harb. Boom Co., 21 Wash. 542. 



ART. XVII, SEC. 2. PATENTED LANDS DISCLAIMED. 



The State of Washington disclaims all title in and claim to 

 all tide, swamp, and overflowed lands patented by the United 

 States : Provided, The same is not impeached for fraud. 



Swamp and overflowed lands not granted to the state: Sec. 59C 

 Laws, post. 



Reservation of right to repudiate territorial grants: Sec. 2, Art 

 XXVII, post. 



Disclaimer of Indian lands: Art. XXVI, sec. 2, post. 



Cited : 2 Wash. 245-259-279-615 ; 4 Wash. 469 ; 7 Wash. 152 ; 11 Wash. 233 ; 

 14 Wash. 3 ; 19 Wash. 302 ; 27 Wash. 497 ; 32 Wash. 613 ; 40 Wash. 362-374 ; 

 42 Wash. 49 ; 65 Wash. 221 ; 70 Wash. 451 ; 153 U. S. 286 ; 163 U. S. 67. 



See 2 Rem. Dig., p. 2405, sec. 86. 



The disclaimer, while not in itself confirmatory of titles under such patents, 

 is as broad as the assertion of title in the preceding section and is in effect a 

 grant by the state to the government's patentees : Scurry v. Jones, 4 Wash. 

 468 ; State ex rel. McKenzie v. Forrest, 11 Wash. 227. 



The state has no interest in tide lands or shore lands included within the 

 meander lines of an upland survey, where such lands were patented prior to 

 statehood : Cogswell v. Forrest, 14 Wash. 1 ; Kneeland v. Korter, 40 Wash. 359 ; 

 State ex rel. McKenzie v. Forrest, 11 Wash. 227 ; Washougal etc. Transp. Co. v. 



