192 STATE LAND LAWS 



SEC. 283 VACATED WATERWAYS STREETS. 



way, shall not have been excavated, or shall not be in use for the 

 purposes of navigation, or shall no longer be required in the 

 public interest to exist as a waterway, such waterway or portion 

 thereof may be vacated by written order of the Commissioner 

 of Public Lands of the State of Washington whenever he shall 

 be requested so to do by ordinance or resolution of the city 

 council of the city in which such waterway is situate, in whole 

 or in part, or, in case such waterway is situate, in whole or in 

 part, in a port district organized under the laws of the State 

 of Washington, whenever he shall be requested so to do by 

 resolution of the port commission of such port district; and 

 upon the making of such order the waterway or portion thereof 

 shall thereupon be deemed to be and shall be thereby vacated: 

 Provided, however, That if the waterway or portion thereof 

 so vacated be navigable water of the United States, or otherwise 

 within the jurisdiction of the United States, a copy of such res- 

 olution or ordinance, together with a copy of said order of the 

 Commissioner of Public Lands certified to by him, shall be sub- 

 mitted to the secretary of war and chief of engineers of the 

 United States for their approval, and if they approve the same 

 such waterway or portion thereof shall thereupon be deemed to 

 be and shall be thereupon vacated. (Laws '09, p. 114, sec. 1; 

 amended, Laws '13, p. 590, sec. 1; 3 Rem.-BaL, sec. 8117; 

 77 sec. *1193 Pierce.) 



Compare sec. 308, infra. 



Smith's Cove waterway, Seattle, vacated: sec. 543, infra. 



SEC. 283. STREETS ACROSS VACATED WATERWAYS. 



Upon such vacation occurring, in either of the manners afore- 

 said, the city within, in front of, or in the vicinity of which 

 such waterway is located, shall have the right to extend across 

 the portions so vacated any existing streets, or to select there- 

 from such portions thereof as the city may desire for street 

 purposes, in no case to exceed 150 feet in width for any one 

 street. Such selection shall be made within sixty days sub- 

 sequent to the receipt of notice from any party in interest of 



