Title 78 — Title 78 MINES, MINERALS, AND PETROLEUM
10 chapters · 199 sections in this title.
RCW 78.22.010 Extinguishment of unused mineral rights authorized.
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Any mineral interest, if unused for a period of twenty years, may be extinguished by the surface owner as set forth in RCW 78.22.050 and 78.22.060.[ 1984 c 252 s 1.]
RCW 78.22.020 "Mineral interest" defined.
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A mineral interest means the interest which is created by an instrument transferring, either by grant, assignment, or reservation, or otherwise an interest, of any kind, in any subsurface mineral.[ 1984 c 252 s 2.]
RCW 78.22.030 Acts constituting use of mineral interest.
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A mineral interest is used if:(1) Any minerals produced have been in connection with the mineral interest;(2) Operations for injection, withdrawal, storage or disposal of water, gas, or other fluid substances have been conducted in connection with the mineral interest;(3) Rents o…
RCW 78.22.040 Statement of claim—Contents—Fees—Filing.
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The statement of claim referred to in RCW 78.22.030(9) shall be filed by the current owner of the mineral interest prior to the end of the twenty-year period set forth in RCW 78.22.010 or within two years after June 7, 1984, whichever is later. The statement of claim shall contai…
RCW 78.22.050 Extinguishment of mineral interest—Procedure.
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(1) After the later of the expiration of the twenty-year period set forth in RCW 78.22.010 or two years after June 7, 1984, the surface owner may extinguish the mineral interest held by another person and acquire ownership of that interest by providing sixty days notice of intent…
RCW 78.22.060 Presumption of extinguishment—Conditions—Statement of claim—Filing, recording, indexing.
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Upon payment of fees provided in RCW 36.18.010, and if the surface owner files the claim of abandonment and extinguishment, together with a copy of the notice and the affidavit of publication, as required in RCW 78.22.050, in the county auditor's office for the county where such …
RCW 78.22.070 Statement of claim—Notice and affidavit of publication—Auditor's duties.
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Upon receipt, the county auditor shall record a statement of claim or a notice and affidavit of publication in the dormant mineral interest index. When possible, the auditor shall also indicate by marginal notation on the instrument originally creating the mineral interest the re…
RCW 78.22.080 Exemptions from claim of abandonment and extinguishment.
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Mineral interests retained or owned by any public entity or mineral interests resulting from land exchanges between public and private owners shall not be subject to a claim of abandonment and extinguishment.[ 1984 c 252 s 8.]
RCW 78.22.090 Waiver prohibited.
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The provisions of this chapter may not be waived at any time prior to the expiration of the twenty-year period under RCW 78.22.010.[ 1984 c 252 s 9.]