DNR leader faces Moses Lake boatlift owners

MOSES LAKE - Department of Natural Resources Commissioner of Public Lands Doug Sutherland said he will support legislation allowing an exemption to the boatlift fee on Moses Lake.

During a public meeting Monday night at Big Bend Community College, Rep. Judy Warnick, R-Moses Lake, asked Sutherland if he would support such a bill and he said he would.

Earlier this summer, DNR personnel ticketed several boatlifts on Moses Lake. Boatlift owners were required to contact DNR and pay $175 as an annual registration fee.

Docks and mooring buoys on the lake do not require registration.

After several concerns were raised by the Moses Lake community, DNR halted the registration process and began hosting public meetings to listen to public comments and research the topic.

DNR staff began reviewing historic documents to determine what the water level at statehood was to determine what is public land and what is private. Sutherland said they cannot collect the fee for boatlifts on private land.

He said no one is required to register their boatlift until the concerns are resolved.

Assistant Attorney General Joe Penesko said the only scientific document listing the water level around the time of statehood was from a survey conducted in 1903, stating the level was 1,045.9 feet. All other evidence indicating the water level is from testimony given during court proceedings over the matter.

In 1904, a new water channel opened, dropping the water level in Moses Lake suddenly, he said. It dropped between 8 and 12 feet. Penesko said the DNR is trying to determine the correct water level documented in Moses Lake before the sudden water reduction.

When the water level changes suddenly, he said the shoreline and bed lands do not change ownership but if the change is gradual, the property changes ownership between the private property owner and the state depending on the direction of the shift.

Sutherland said if anyone has a deed declaring they own part of the shoreline in the lake, the DNR must review it.

"If it's on your private property, it's yours," he said.

Sutherland said DNR does not have a way to collect and review deeds yet. There are more than 22,000 lakefront parcels on Moses Lake.

DNR representatives listened to public comment and answered questions for two hours.

There aren't enough boatlifts to offset the amount of public money spent on paying the DNR to enforce registration, Bill Boyd said.

The audience of more than 200 people applauded his comment.

Penesko said in addition to registering boatlifts to collect funds, other projects including bridge crossings could be impacted. He said it's important for DNR to determine ownership of the shoreline.

Aquatic Program Division Manager Rich Doenges said without collecting the funds, there are no staff to handle the permits.

The audience laughed at his comment.

He said the majority of collected funds go toward public grants, not the DNR. More than $19 million is awarded in grants per biennium.

Doenges suggested allowing time for more public comment before any law enforcing boatlift registration is enforced. He said it would take at least eight months to complete the process and implement the new law.

There was concern about Moses Lake being the only lake in the state where the boatlift registration fee was enforced.

"At no one-time do we consider only charging Moses Lake," Doenges said.

He said it's impossible for DNR to ticket all boatlifts on all lakes in the state at once due to lack of staff. He said boatlift fees would be implemented on other bodies of water after ownership lines are determined. It could take years, he added.

Guests had the option to write questions on comment cards. Answers to most of the questions will be posted at www.dnr.wa.gov at an undetermined date, according to a DNR spokesperson.

Several guests were able to speak to Sutherland about the issue after the meeting.

John Van Keulen gave Sutherland a letter he wrote about his concern with the fee.

"Be advised that you'll never see my $175 to park my boat on my property, lift or no lift, this simply will not happen," Van Keulen wrote. "If you succeed in this money grab, I'll simply remove the lift from the water and make it into a sign giving the DNR enforcer the clear message of how I feel about your intrusion into my property rights."