STATE LAND LAWS (ft 



SALE OF WATERSHEDS. SECS. 63-64 



reforest the same. (Laws '09, p. 760, sec. 3; sec. 6667 Rem.- 



Bal.; 477 sec. 53 Pierce.) 



State fire warden member Board of State Land Commissioners: 

 sec. 13, ante. 



Reforestation and fire protection: Laws '05, p. 320 et seq. (5276 et 

 seq., Rem.-Bal.) and Laws '11, p. 623 et seq,. 



Separate sale of timber: sec. 71, post. 



Cited : 27 Wash. 608 ; 37 Wash. 127. 



SEC. 63. LEASED LANDS NOT TO BE SOLD. 



Lands held under lease shall not be offered for sale, or sold, 

 during the life of the lease, except upon application of the 

 lessee. (Laws '97, p. 243, sec. 23 ; amended, Laws '03, p. 115, 

 sec. 5 ; sec. 6685 Rem.-Bal. ; 477 sec. 83 Pierce.) 



But such lands, semble, may be leased for oil and gas mining under 

 sec. 194 et seq., post: sec. 200, post, and note. 



Cited : 23 Wash. 84 ; 33 Wash. 388 ; 39 Wash. 409 ; 42 Wash. 443. 



A grant of tide lands from the state to the United States does not abrogate 

 the rights of the prior lessee: State ex rel. Bussell v. Callvert, 33 Wash. 380; 

 Same v. Bridges, 23 Wash. 82. 



A lessee who waives the benefit of this section and applies for the sale of 

 the demised lands cannot come in, after the lands have been struck off to an- 

 other, and purchase at the highest amount bid, although his lease contained a 

 provision that "the lessee * * * shall have a preference right * * to 

 purchase at the highest rate bid," there being no authority of law for the inser- 

 tion of such a clause in his lease : State ex rel. Bussell v. Bridges, 23 Wash. 82. 



SEC. 64. CITY MAY PURCHASE LAND AND TIMBER TOGETHER. 



Whenever any public lands except capitol building lands shall 

 lie within the limits of any watershed from or through which is 

 derived the water supply of any city or town in this state and 

 said city or town shall desire to purchase or condemn the same 

 it may do so, and in case of purchase it shall have the right to 

 buy said land with the timber, fallen timber, stone, gravel or 

 other valuable materials with the land and without a separate 

 appraisement thereof. (Laws '07, p. 752, sec. 6; amended, 

 Laws '09, p. 760, sec. 3; sec. 6667 Rem.-Bal.; 477 sec. 53 

 Pierce.) 



NOTE: This is a proviso to sec. 71, infra, requiring separate sale 

 of timber. 



Eminent domain to cities: sec. 251, post. 



Municipalities of adjoining states may acquire lands in this state 

 for water supply: Laws '09, p. 18, sec. 1; sec. 7822 Rem.-Bal.; 77 sec. 

 1145 Pierce. 



Full value of timber to be paid or safely secured: Const. Art. XVI, 

 sec. 3, ante. 



Cited : 27 Wash. 608 ; 37 Wash. 127. 



