The court's decision in this case has been widely discussed. The author reviews the status of authority contrary to the position advanced by Professor Corker in his recent article, and concludes that the opinion does not apply to tidelands or shorelands, that the Supreme Court has neither declared nor implied a general prohibition against development of private lands underlying navigable waters in Washington, and that to do so in the future the Court would find it necessary to overturn some well-established (legislative, administrative and judicial) principles as to the character of private ownership of such lands in this state.
Edward A. Rauscher,
The Lake Chelan Case—Another View,
45 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol45/iss3/6