by Robin and Judi Watson

We are responding to “The public’s right to low tidelands” letter.

One big problem we see is that the public, as yourself, is not aware that there is not just one set of circumstances for every property owner who lives on the beaches of San Juan County.

The Homestead Act of 1862 has a lot to do with the “grandfathering” of different rules. The federal government granted ownership of sections of property.  To meet those provisions a home and a storage barn had to be built, fruit trees planted, a self-sufficient garden installed, your property fenced and a trail built to your neighbors for trading goods.  You had to work your property to make a living for a period of five years.  The people living on the beaches had approximately one-third of their property in tidelands out to a GLO (Government Land Office) meander-line, where they made oyster arms, built docks, sold gravel and in many different ways, made a living from the water.

In 1889, Washington became a state. The state created different meander-lines closer to shore that took property from the owners, the very tidelands that produced income for the families. To right the problem, the state put these tidelands up for public auction. The owners had to bid and buy back their own property. Anyone could apply and purchase tidelands not necessarily connected with the adjacent land. The tidelands run perpendicular to the beach.  This period was 1902-1911 or thereabouts. Another court ruling made the decision that these tidelands were between ordinary high tide and mean-low tides and again the owners had to purchase another strip between mean-low and extreme low tides, if not inclusive within their meander-line.

These specific tidelands were purchased from the state, giving up mineral and oil rights, and they are not under San Juan County jurisdiction.  You – and even the county – must have specific permission to walk on these private beaches. The only problem with today’s society is that there are legal ramifications that if the owner just lets even their neighbors go on property without consent that is considered giving public access and they could again lose their tideland privacy.  Yet we still pay taxes on this “land that more than half the time is covered by water.”

My grandmother had to make and issue permits.  During different periods of time, there were specific purposes for which the state put tidelands up for auction and some of those bids were rejected, for whatever their reason.  Contract dates may dictate different circumstances with each individual deed.  Now the tidelands are leased from the state.  There are other tideland state sales where once the parcel is sold your “Jus Publicum” would kick in and, of course, most tidelands are not owned privately.

We have not looked into the circumstances of the property to which you refer.  But a lot of people also consider us rude when all we require is recognition that this is private property – our front yard. If you knocked on our door and introduced yourself, we might join you or give you heads up to leave our horseshoes where they are.  Don’t move that log, it’s a marker. Don’t dig in that area because my mother walks there. The ducks have babies in those bushes. Leash your dog as not to run the deer. Or just plain understand we need to give you permission and don’t be so arrogant. It is NOT always your right. We don’t like big fences or “no trespassing” signs, but without them most people now days do not respect private property.

Evidently, you do respect the beach and with permission you could probably have a great time. The world needs to take only memories and leave only footprints.

Robin and Judi Watson live on Terrill’s Beach.