STATE LAND LAWS 133 



PREFERENCE RIGHT. SEC. 164 



distance from the boundaries thereof established by the state, 

 no structure shall be allowed in the strip of waterway between 

 the boundary and the nearest pierhead line except by the con- 

 sent of the State Land Commissioner* and upon plans approved 

 and terms and conditions fixed by him, and then only for such 

 period of use as shall be designated by him, but any permit 

 shall not extend for a longer period than thirty years. (Laws 

 '13, p. 582, sec. 1; 3 Rem.-Bal., sec. 6781.) 



* Port Commission in port districts: sec. 169, post. 



Lease of waterways in filling districts: Laws '13, p. 42, sec. 17. 



Establishment and reservation of waterways: sec. 273 et seq., post. 



Taxation of leaseholds: sec. 327, post. 



Special act for Ilwaco waterways: sec. 525 et seq., post. 



The erection of structures in the navigable waters of a state depends upon 

 the joint or concurrent assent of both the national and state governments : hence, 

 the establishment of the government pierhead line beyond the state's pierhead 

 line does not authorize the building of structures beyond the state's line : Wilson 

 v. Ore.-Wash. R. & N. Co., 71 Wash. 102. 



SEC. 164. PREFERENCE RIGHT TO ABUTTER I IMPROVEMENT. 

 The owner of land abutting upon either side of any such 

 waterway shall have the right, if application be made therefor 

 prior to September 11, 1913, to obtain such a permit for a 

 thirty-year term, and every permit obtained by virtue of the 

 exercise of such right shall provide that the area described 

 therein or such reasonable portion thereof as shall be designated 

 by the State Land Commissioner,* having in view the require- 

 ments of the business proposed to be carried on thereon, shall 

 be improved upon plans approved by the State Land Commis- 

 sioner,* the construction of such improvement to be commenced 

 within such time as may be fixed in each case by the State Land 

 Commissioner,* such time to be in no case less [more] than two 

 years from the date of such permit, to be completed within such 

 reasonable time thereafter as the State Land Commissioner* 

 shall fix in each case, any of which times so fixed may be there- 

 after extended by him, the character of which improvements may 

 be changed either before or after completion with the consent of 

 the State Land Commissioner,* but in all cases where the abut- 

 ting owner or one claiming under him had prior to February 

 22, 1913, built upon such area, his improvements shall be 



