Proposals don't align with Shoreline Management Act

Proposals to restore Capitol Lake, or a semblance of it, on the Deschutes Estuary are inconsistent with the Shoreline Management Act, and the historic fishing rights of the Squaxin Tribe. These proposed measures, whether considered hybrids, or alternatives fail to accomplish restoration of the Deschutes Estuary.

The State Supreme Court has acknowledged the Shoreline Management Act favors preservation of the natural character and ecology of the State’s shorelines. The natural character of the shoreline under consideration is the Deschutes Estuary, not Capitol Lake. The latter is a man-made shoreline, created in 1951, prior to the adoption by the State Legislature, and subsequently approved by the citizens of Washington in 1971. The creation of a tidal pool and/or swimming area, in and on the estuary, could not have considered this new mandate; which prefers retention and restoration of natural shorelines.

Creation, or restoration of Capitol Lake today, is also in conflict with the historic fishing rights of the Squaxin Tribe. These rights were not recognized by the courts until after Capitol Lake was created. They extend to the entirely of the Deschutes Estuary, not to a portion of it. They compel, complete, not partial restoration.

This story was originally published July 20, 2016 at 4:28 PM with the headline "Proposals don't align with Shoreline Management Act."