Title 78 — Title 78 MINES, MINERALS, AND PETROLEUM
10 chapters · 199 sections in this title.
RCW 78.04.010 Right of eminent domain.
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The right of eminent domain is hereby extended to all corporations incorporated or that may hereafter be incorporated under the laws of this state or any state or territory of the United States, and doing business in this state, for the purpose of acquiring, owning or operating m…
RCW 78.04.015 Right of entry.
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Every corporation incorporated or that may hereafter be incorporated under the laws of this state or any state or territory of the United States, and doing business in this state, for the purpose of acquiring, owning or operating mines, mills or reduction works, or mining or mill…
RCW 78.04.020 Manner of exercising right of eminent domain.
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Every such corporation shall have the right to appropriate real estate or other property for right-of-way in the same manner and under the same procedure as now is or may be hereafter provided by the law in the case of other corporations authorized by the laws of this state to ex…
RCW 78.04.030 No stock subscription necessary.
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In incorporations already formed, or which may hereafter be formed under *this chapter, where the amount of the capital stock of such corporation consists of the aggregate valuation of the whole number of feet, shares, or interest in any mining claim in this state, for the workin…
RCW 78.04.040 Right of stockholder to enter and examine property.
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Any owner of stock to the amount of one thousand shares, in any corporation doing business under the laws of the state of Washington for the purposes of mining, shall, at all hours of business or labor on or about the premises or property of such corporation, have the right to en…
RCW 78.04.050 Penalty for violations under RCW 78.04.040.
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Any violation of any of the provisions of RCW 78.04.040 by any officer or agent of such corporation shall constitute a misdemeanor, and upon conviction thereof every such officer or agent shall be fined in a sum not greater than two hundred dollars for each offense.[ 1901 c 120 s…
RCW 78.06.010 Definitions.
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Words or terms used herein have the following meanings:(1) "Geological surveys" means surveys on the ground for mineral deposits by the proper application of the principles and techniques of the science of geology as they relate to the search for and discovery of mineral deposits…
RCW 78.06.020 Duplicate survey reports to be filed with county auditor—Contents.
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All reports of geological, geophysical, or geochemical surveys on mining claims which may be filed with the auditor of any county in this state pursuant to United States Public Law 85-876 or amendments or revisions thereto shall be so filed in duplicate, and shall set forth fully…
RCW 78.06.030 Auditor to forward survey reports to department of natural resources.
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All county auditors receiving for filing duplicate copies of geological, geochemical, and geophysical survey reports on mining claims shall forward, monthly, one copy of each report received to the department of natural resources.[ 1988 c 127 s 31; 1959 c 119 s 3.]
RCW 78.08.005 Prior claims, how governed.
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All mining claims upon veins or lodes of quartz or other rock in place, bearing gold, silver or other valuable mineral deposits heretofore located, shall be governed as to length along the vein or lode by the customs, regulations and laws in force at the date of such location.[ 1…
RCW 78.08.020 Extent of lode claims.
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A mining claim located upon any vein or lode of quartz or other rock in place, bearing gold, silver or other valuable mineral deposits, after the approval of *this act by the governor, whether located by one or more persons, may equal, but shall not exceed, one thousand five hund…
RCW 78.08.030 Rights of locators.
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The locators of all mining locations heretofore made or hereafter made under the provisions of RCW 78.08.005 through 78.08.040, on any mineral vein, lode or ledge on the public domain, and their heirs and assigns so long as they comply with the laws of the United States and the s…
RCW 78.08.040 Recording instruments affecting claim.
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All location notices, bonds, assignments and transfers of mining claims shall be recorded in the office of the county auditor of the county where the same is situated within thirty days after the execution thereof.[ 1979 ex.s. c 30 s 15; 1887 c 87 s 7; RRS s 8621.]
RCW 78.08.050 Location notices—Contents—Recording.
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The discoverer of a lode shall within ninety days from the date of discovery, record in the office of the auditor of the county in which such lode is found, a notice containing the name or names of the locators, the date of the location, the number of feet in length claimed on ea…
RCW 78.08.060 Staking of claim—Requisites—Right of person diligently engaged in search.
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(1) Before filing such notice for record, the discoverer shall locate his or her claim by posting at the discovery at the time of discovery a notice containing the name of the lode, the name of the locator or locators, and the date of discovery, and marking the surface boundaries…
RCW 78.08.070 Cut, excavation, tunnel or test hole in lieu of discovery shaft.
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Any open cut, excavation or tunnel which cuts or exposes a lode and from which a total of two hundred cubic feet of material has been removed or in lieu thereof a test hole drilled on the lode to a minimum depth of twenty feet from the collar, shall hold the lode the same as if a…
RCW 78.08.072 Holding claim by geological, etc., survey—Report of survey.
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Any geological, geochemical, or geophysical survey which reasonably involves a direct expenditure on or for the benefit of each claim of not less than the one hundred dollars worth of annual assessment work required under federal statute or regulations shall hold such claim for n…
RCW 78.08.075 "Lode" defined.
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The term "lode" as used in RCW 78.08.050 through 78.08.115 shall be construed to mean ledge, vein or deposit.[ 1983 c 3 s 197; 1899 c 45 s 4; RRS s 8625. Formerly RCW 78.08.010.]
RCW 78.08.080 Amended certificate of location.
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If at any time the locator of any quartz or lode mining claim heretofore or hereafter located, or his or her assigns, shall learn that his or her original certificate was defective or that the requirements of the law had not been complied with before filing, or shall be desirous …
RCW 78.08.081 Assessment work, affidavit of work performed or affidavit of fees paid.
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Within thirty days after the expiration of the period of time fixed for the performance of annual labor or the making of improvements upon any quartz or lode mining claim or premises, the person in whose behalf such work or improvement was made or some person for him or her knowi…
RCW 78.08.082 Affidavit is prima facie evidence.
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Such affidavit when so recorded shall be prima facie evidence of the performance of such labor or the making of such improvements, and such original affidavit after it has been recorded, or a certified copy of record of same, shall be received as evidence accordingly by all the c…
RCW 78.08.090 Relocating abandoned claim.
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The relocation of a forfeited or abandoned quartz or lode claim shall only be made by sinking a new discovery shaft, or in lieu thereof performing at least an equal amount of development work within the borders of the claim, and fixing new boundaries in the same manner and to the…
RCW 78.08.100 Location of placer claims.
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The discoverer of placers or other forms of deposits subject to location and appropriation under mining laws applicable to placers shall locate his or her claim in the following manner:First. He or she must immediately post in a conspicuous place at the point of discovery thereon…
RCW 78.08.110 Affidavit as proof.
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The affidavit provided for in the last section, and the aforesaid placer notice or certificate of location when filed for record, shall be prima facie evidence of the facts therein recited. A copy of such certificate, notice or affidavit certified by the county auditor shall be a…
RCW 78.08.115 Application of RCW 78.08.050 through 78.08.115.
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All locations of quartz or placer formations or deposits hereafter made shall conform to the requirements of RCW 78.08.050 through 78.08.115 insofar as the same are respectively applicable thereto.[ 1983 c 3 s 199; 1899 c 45 s 12; RRS s 8633.]
RCW 78.12.010 Shafts, excavations to be fenced.
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Any person or persons, company, or corporation who shall hereafter dig, sink or excavate, or cause the same to be done, or being the owner or owners, or in the possession, under any lease or contract, of any shaft, excavation or hole, whether used for mining or otherwise, or whet…
RCW 78.12.020 Complaint—Contents.
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Three persons being residents of the county, and knowing or having reason to believe that the provisions of RCW 78.12.010 are being or have been violated within such county, may file a notice with any district or municipal court therein, which notice shall be in writing, and shal…
RCW 78.12.030 Order to serve notice.
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Upon the filing of the notice, as provided in RCW 78.12.020, the district or municipal court shall issue an order, directed to the sheriff of the county or to any constable or city marshal therein, directing such officer to serve a notice in manner and form as is prescribed by la…
RCW 78.12.040 Notice—Contents—Civil and criminal penalties.
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The notice thus served shall require the said persons to appear before the judge issuing the same, at a time to be stated therein, not more than ten nor less than three days from the service of said notice, and show to the satisfaction of the court that the provisions of this cha…
RCW 78.12.050 Suit in name of state—Disposition of proceeds.
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Suits commenced under the provisions of this chapter shall be in the name of the state of Washington, and all judgments and fines collected shall be paid into the county treasury for county purposes: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed …
RCW 78.12.060 Procedure when shaft unclaimed.
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If the notice filed with the district or municipal court, as aforesaid, shall state that the excavation, shaft or hole has been abandoned, and no person claims the ownership thereof, the court shall notify the county legislative authority of the location of the same, and they sha…
RCW 78.12.061 Safety cage in mining shaft—Regulations.
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(1) It shall be unlawful for any person or persons, company or companies, corporation or corporations, to sink or work through any vertical shaft at a greater depth than one hundred and fifty feet, unless the shaft shall be provided with an iron-bonneted safety cage, to be used i…
RCW 78.12.070 Damage actions preserved.
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Nothing contained in this chapter shall be so construed as to prevent recovery being had in a suit for damages for injuries sustained by the party so injured, or his or her heirs or administrator or administratrix, or anyone else now competent to sue in an action of such characte…
RCW 78.16.010 Leases authorized.
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Whenever it shall appear to the board of county commissioners of any county in this state that it is for the best interests of said county and the taxing districts and the people thereof, that any mining claims, reserved mineral rights, or any other county owned or tax acquired p…
RCW 78.16.020 Order for lease—Terms—Option to purchase.
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When said commissioners, in their discretion, decide to lease said claims or properties as provided in RCW 78.16.010, they shall enter an order to that effect upon their records and shall fix the duration and terms and conditions of said lease, and in case an option to purchase i…
RCW 78.16.030 Sale and conveyance.
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Upon payment of the full purchase price, in cases where an option to purchase is given, a conveyance shall be executed to the purchaser by the chair of the board of county commissioners. Such conveyance shall refer to the order of the board authorizing such leasing with the optio…
RCW 78.16.040 Option to surrender lands.
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The lessee under any such petroleum lease shall have the option of surrendering any of the lands included in said lease at any time, and shall thereby be relieved of all liability with respect to such lands except the payment of accrued royalties as provided in said lease. Upon s…
RCW 78.16.050 Disposition of royalties and rentals.
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Any royalties or rentals received by the said county under any lease entered into under the provisions of this chapter, shall be divided among the various taxing districts entitled thereto, in the same proportion and manner as the purchase money for said lands would have been div…
RCW 78.16.060 Surface rights.
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Nothing in this chapter contained shall be construed as giving the county commissioners the right to lease the surface rights of tax acquired property, except that the lease of any property as in this chapter provided shall give the lessee the right to use such portions of the su…
RCW 78.16.070 Damages to owner.
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In the event said lease shall be for reserved mineral rights on lands previously sold by said county with mineral rights reserved, as provided in RCW 36.34.010, said lease shall contain a provision that no rights shall be exercised under said lease by the lessee, his or her heirs…
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.]
RCW 78.44.010 Legislative finding.
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The legislature recognizes that the extraction of minerals by surface mining is an essential activity making an important contribution to the economic well-being of the state and nation. It is not possible to extract minerals without producing some environmental impacts. At the s…