Shoreline Neighbors,

It has been nearly two years since the last SHO Update (April 2022) addressing matters of concern to lakeshore property owners along the east side of Lake Sammamish.  That is largely because we have been in the doldrums as regards the two topics of major concern we have been reporting — litigation pertaining to the East Lake Sammamish Trail and efforts to reduce extreme lake levels.  There is now some news to report.

East Lake Sammamish Trail

First, as you probably know, the entire trail is now open.  Construction of the last two segments was completed and the opening occurred on October 7^th.  Use level has been moderate based on SHO’s observations, and we haven’t heard of any incidents since the opening.  If you have information to the contrary please let SHO know by email at sho5.org@gmail.com.  We can reply with a phone number if you prefer.

The doldrums have recently been interrupted by Washington Supreme Court opinion published on January 25^th.  That opinion, while not the last word, is good news for all trailside property owners.  An explanation follows.

As SHO has been reporting, in January of 2020 King County filed suit in the US District Court for the Western District of Washington against eight property owners in a 200-foot-wide section of the former rail corridor in Segment 2B.  The suit claims their use of the land within the rail corridor, and the adjoining shorelands, constitutes trespassing, and demands that they pay for “remediation and restoration of the public lands, along with the payment of back rents”.  This includes not just the rail corridor, but their docks, boat lifts, and anything else outside the corridor on the lake side, plus their right to cross the trail to get to them. 

As part of its deliberations, the federal court asked the WA Supreme Court to determine, based in part on the state constitution, whether the shorelands outside the corridor were owned by the railroad and thus now by the county, or if they were owned by the state at the time of statehood and therefore passed to whomever has deeds to the property today.  The Supreme Court’s opinion is that the railroad possessed only an easement and the shorelands are thus not owned by the county. 

While this is only an opinion passed from one court to the other, and the federal court has yet to rule on the broader case, it is an important step in the direction of ultimately countering the county’s claim that the rail corridor is now “public land” and that they have the obligation to charge us for “private use of public land” for any enhancements – parking, gardens, landscaping, etc. – that we maintain within the corridor, as well as the right to cross the corridor to get to our homes.

An article about this appeared in the January 26th Seattle Times.

Of course, SHO will continue to monitor the progress of the federal case and report that ruling to you when it comes out.

High lake water levels           

SHO also continues to monitor efforts of the Bellevue group, Washington Sensible Shorelines Association (WSSA), in its attempt to get the King County Flood Control District to address the problem of damaging extreme high water events on Lake Sammamish. 

So far the county has not settled on a plan to solve the problem, but possible solutions are under consideration.  Three notable thrusts are as follows:

• Sammamish River Capital Investment Strategy
• King County Flood Management Plan
• Willowmoor Floodplain Restoration Project

All are works in progress at this point. 

Of these, the Willowmoor project has the most direct bearing on the matter, as it includes options such as a dynamic weir to actively control lake level, but that project effectively has been on hold for five years pending a county decision on how to proceed.  There currently exists a “Decision Memo” in draft form that identifies alternatives, the release of which is anticipated shortly.  WSSA has been closely monitoring this process.

WSSA has been steadfastly working this issue for many years and deserves our support.  For more information, and references to the three citations above, visit the WSSA website at:

www.sensibleshorelines.org

SHO Board of Directors

SHO website:  www.sammamishhomeowners.org

SHO mailing address:

Sammamish HomeOwners

167 E Lk Sammamish Sh Ln NE

Sammamish, WA 98074

SHO April Update

Shoreline Neighbors,

Here is the latest on two matters of concern to lakeshore property owners along the east side of Lake Sammamish.  The “bottom line” is that not much has changed since our last Update.

East Lake Sammamish Trail

Trail closure/construction:

Trail construction work is ongoing for Phase 1 of Segment 2B, as reflected in the monthly ELST updates the county sends out.  These updates no longer say when the current phase is expected to be done or when construction of Phase 2 will begin.  The ELST website still says, for Phase 2, “Construction is anticipated to begin in spring 2022”, and “construction on the two phases will overlap for approximately 12 months”.  So it sounds like there may be a year left before the current phase is completed.

County lawsuit in federal court:

As SHO has been reporting, in January of 2020 King County filed suit in federal court against eight property owners in a 200-foot-wide section of the former rail corridor in Segment 2B.  The suit claims their use of the land within the rail corridor, and the adjoining wetlands, constitutes trespassing, and demands that they pay for “remediation and restoration of the public lands, along with the payment of back rents”.  This includes not just the rail corridor, but their docks, boat lifts, and anything else on the lake side of it.  

Those property owners are fighting this, and the result, of course, has implications for the rest of us.  Currently the case is still awaiting decisions by a new judge on the case as regard several questions that have arisen.

An impending issue we all face:

As SHO previously reported, the county is now claiming the entire rail corridor is “public land” and has stated the intent to charge adjacent property owners for crossing permits and to charge rent on any so-called “encroachments” – gardens, landscaping, structures, etc. – that they decide to allow to remain.  Note that this applies to the full width of the former rail corridor, not just the portion the county needs for the trail.  This is despite the fact that the county’s claim of ownership of the entire rail corridor has not been substantiated in court.

If you have been, or will be, impacted by this new, broader imposition of control by the county, SHO needs to hear from you.  We need some good examples of this abuse in order to take action.  Please contact SHO at sho5.org@gmail.com or by calling 425-868-7899.  Or if you know of a neighbor who is being subjected to this please tell them to get in touch with us. 

High lake water levels           

SHO continues to work with the Bellevue group, Washington Sensible Shorelines Association (WSSA), in its effort to get the King County Flood Control District (FCD) to address the problem of damaging extreme high water events.  This will include an upcoming meeting of the group with the new King County Council member, Sarah Perry.  Otherwise no significant developments have occurred since our report on this in January.

For more information about this issue visit the WSSA website at:

www.sensibleshorelines.org

SHO Board of Directors

SHO January Update

Shoreline Neighbors,

Here is the latest on two matters of concern to lakeshore property owners along the east side of Lake Sammamish.

East Lake Sammamish Trail

Trail closure/construction:

According to the Capital Project Manager overseeing the ELST, South Segment 2B Phase 1 construction is expected to be completed and that portion of the trail re-opened at the end of this calendar year.  That segment runs from SE 33rd to roughly the 900 block SE, north of Mint Grove.  He says Phase 2 is likely to be started in late March of this year, with that portion of the trail closed until early 2024.  That segment continues to the base of Inglewood Hill Road.

County lawsuit in federal court:

As you may have heard, in January of 2020 King County filed suit in federal court against eight property owners in a 200-foot-wide section of the former rail corridor in Segment 2B.  The suit claims their use of the land within the rail corridor, and the adjoining wetlands, constitutes trespassing, and demands that they pay for “remediation and restoration of the public lands, along with the payment of back rents”.  This includes not just the rail corridor, but their docks, boat lifts, and anything else on the lake side of it.  

Those property owners are fighting this, and the result, of course, has implications for the rest of us.  So far no ruling has been made on that case, and a new judge was recently assigned.  Currently the case is awaiting decisions by the new judge on several questions that have arisen.

An impending issue we all face:

As SHO previously reported, the county is now claiming the entire rail corridor is “public land” and has stated the intent to charge adjacent property owners for crossing permits and to charge rent on any so-called “encroachments” – gardens, landscaping, structures, etc. – that they decide to allow to remain.  Note that this applies to the full width of the former rail corridor, not just the portion the county needs for the trail.  This is despite the fact that the county’s claim of ownership of the entire rail corridor has not been substantiated in court.

If you have been, or will be, impacted by this new, broader imposition of control by the county, SHO needs to hear from you.  We need some good examples of this abuse in order to take action.  Please contact SHO at sho5.org@gmail.com or by calling 425-868-7899.  Or if you know of a neighbor who is being subjected to this please tell them to get in touch with us. 

High lake water levels           

As evidenced by the recent high level of Lake Sammamish with less-than-extreme rainfall, the problem of inadequate lake outflow remains unsolved.  The Bellevue group, Washington Sensible Shorelines Association (WSSA), is continuing its efforts to get the King County Flood Control District (FCD) to address the problem of damaging extreme high water events.  A SHO board member continues to work with WSSA in this regard.

As reported in previous SHO Updates, the main problem is that development in the Bear Creek basin has resulted in dramatically increased discharge from Bear Creek into the Sammamish River just downstream of Marymoor Park.  This creates a backwatering effect during periods of substantial rainfall that essentially stops the lake from draining.  But there appears to be a practicable near-term solution in the form of a “dynamic weir” that could be constructed at Marymoor.  The FCD has, for several years, stated its intention to contract with a consultant to study the feasibility of a dynamic weir, but so far it has not happened.

For more information about this issue visit the WSSA website at:

www.sensibleshorelines.org

SHO Board of Directors

SHO mailing address:

Sammamish HomeOwners

167 E Lk Sammamish Sh Ln NE

Sammamish, WA 98074

Shoreline Neighbors,

Here is the latest on two matters of concern to lakeshore property owners along the east side of Lake Sammamish.

East Lake Sammamish Trail

As you are probably aware, construction has started on the next-to-last segment of the trail, from SE 33^rd to roughly the 900 block SE, north of Mint Grove.  The most recent estimate from the county is that construction of the last segment, north to roughly Inglewood Hill Road, is “anticipated to begin” in January of next year.

The county is now claiming the entire rail corridor is “public land” and has stated the intent to charge adjacent property owners to cross it and to charge rent on any so-called “encroachments” – gardens, landscaping, structures, etc. – that they decide to allow to remain.  Note that this applies to the full width of the former rail corridor, not just the portion the county needs for the trail.  This is despite the fact that the county’s claim of ownership of the entire rail corridor has not been substantiated in court.

If you have been impacted by this new, broader imposition of control by the county, SHO needs to hear from you.  We need some good examples of this abuse in order to take action.  Please contact SHO at sho5.org@gmail.com or by calling 425-868-7899.  Or if you know of a neighbor who is being subjected to this please tell them to get in touch with us. 

High lake water levels

As previously reported, the Bellevue group Washington Sensible Shorelines Association (WSSA) has been trying to get the county – and the King County Flood Control District (FCD) in particular – to address the problem of damaging extreme high water events like the one that occurred in February of last year.  A SHO board member has been working with WSSA in this regard.

The main problem is that development in the Bear Creek basin has resulted in dramatically increased discharge from Bear Creek into the Sammamish River just downstream of Marymoor Park.  This creates a backwatering effect during periods of high rainfall that essentially stops the lake from draining.  In effect, the lake becomes a storage basin and fills to extreme levels.  This  is a tough problem to solve, but a practicable near-term solution appears to exist in the form of a “dynamic weir” that could be constructed at Marymoor.  The FCD has, for several years, stated its intent to contract with a consultant to study the feasibility of a dynamic weir, but so far it has not happened.

For more information about this issue visit the WSSA website at: sensibleshorelines.org

SHO Board of Directors

Mail SHO at:

Sammamish HomeOwners

167 E Lk Sammamish Sh Ln NE

Sammamish, WA 98074

SHO Update April 2021

Shoreline Neighbors,

This Update is again about the East Lake Sammamish Trail.  As explained in our recent Updates, this will likely directly impact you (not somebody else’s problem) so please read carefully.

By way of brief background, King County Parks is now treating the rail corridor as “public land” and is intent on requiring removal or charging rent for any “encroachments”, as they call them, (gardens, parking, etc.) anywhere within its entire width.  Parks also intends to require Special Use Permits (SUPs) and fees for the right to cross the rail corridor with our vehicles to get to our homes.

The county’s right to do this must be challenged, and the law firm SHO is working with is in the process of developing a legal strategy, but it would not be prudent to broadcast that strategy in one of these Updates.  However if legal action is taken, rest assured we will let you know.

Meanwhile, if you are being pressured by the county to apply for a SUP or sign some other legal document related to the ELST that contains conditions you find unacceptable, SHO has some suggestions for how to respond.  Please email SHO at sho5.org@gmail.com to obtain this guidance.  Note that we must verify the address of your residence or affected property when doing so.

Very important request:

If you have been pressured by the county to comply with requirements concerning the rail corridor that you find unreasonable – to continue an existing use, to obtain permission to cross it, waiving your claim of ownership, etc. – SHO wants to know about it.  Please get in touch via sho5.org@gmail.com and tell us your story.  We will happily get back to you by phone if you prefer talking to typing.

Finally, repeating our appeal, here are other things you can do:

• Inform your neighbors about this and tell them to go to SammamishHomeOwners.org and get on SHO’s email list.  Not everyone is on it, and not everyone reads these emails.  We need to rally the community.
• Become a “neighborhood captain” to help SHO communicate with your nearby neighbors
• Donate to the SHO legal fund.  A $500 standard donation is requested, but a larger amount will certainly not be declined.  Make check payable to Sammamish Homeowners.  See mailing address below.  (Please include your email address.)
• Consider becoming a SHO board member; contact SHO to find out what is involved.
• Offer your help in preparing mailings and other SHO efforts

SHO Board of Directors

Mail SHO at:

Sammamish HomeOwners

167 E Lk Sammamish Sh Ln NE

Sammamish, WA 98074

Shoreline Neighbors,

There is more to report on the ongoing saga of the East Lake Sammamish Trail.  This will likely directly impact you (not somebody else’s problem) so please read carefully.

Background

As we reported in January, King County Parks has announced their intention to either require removal or charge rent for any “encroachments”, as they call them, within the entire former rail corridor, not just those that might interfere with the trail or trail construction.  This includes structures, gardens, parking…  even landscaping.  And it includes the entire former rail corridor, not just the remaining section yet to be constructed.

Further, the county has stated that it intends to require Special Use Permits (SUPs) just to cross the corridor in vehicles to get to our homes.  They say they will charge each household $500 for the permit plus $50 a year.

The county justifies this by the claim that the former rail corridor is now “public property” and that the county is required by state law to either deny or charge rent for “private use of public land”.  This is despite the fact that the county only has a trail easement, or in the opinion of one federal judge, a railroad easement, on the former rail corridor, most of which it does not own in fee.

Current situation

To date the fee schedule for this rent has not been posted insofar as SHO is aware (and we keep asking).   Nor have letters gone out to the general trailside community informing them of the requirement to obtain SUPs for specific encroachments.  (If you have received such a letter, please let SHO know.)  We have seen isolated examples of that, however, and expect that virtually all trailside property owners who at least use a vehicle trail crossing will receive such notices in the future.

SHO has recently retained a law firm with extensive background in the ELST issue to work on behalf of trailside property owners.  This firm will be addressing both the SUP issue and the broader issue of rail corridor ownership and the right to dictate its use.  SHO does not have a specific plan of action to report at this time, but we anticipate getting back to you soon with guidance on how to respond to the county if you are pressured to get a SUP or make concessions regarding ownership of the former rail corridor. 

If you feel your situation is particularly egregious, please inform SHO about it in brief (see email address below) so we can evaluate how best to respond.

Remaining trail construction

As for construction of the remaining section of trail, the ELST February Monthly Project Update says that construction of the southern 1.65 miles of Segment 2B is to start in spring of this year, and construction of the northern 1.85 miles is to start in the fall.  Completion of the entire segment is slated to be in spring of 2024.

Shoreline Neighbors,

As mentioned in our earlier SHO January Update, King County Parks intends to start charging rent for any “encroachments”, as they call them, within the entire former rail corridor, not just those that might interfere with trail construction.  This was announced in a “Virtual Information Session” on November 12^th.  Here is a link to a video of that session: https://vimeo.com/481511090

In essence, the county is not content to have just a trail in the corridor but wants to dictate use of the entire corridor and tap a new revenue source.  The county is now calling the corridor “public property” and is intent on charging for “private use of public land”.  This includes things like gardens, landscaping, parking, and any other (in many cases long-established) uses.  And it reserves the right to selectively deny uses.

Further, the county intends to require Special Use Permits just to cross the corridor to get to our homes.  They intend to charge each household $500 for the permit plus $50 a year.

This escalation on the part of the county is particularly unjust in light of the 2011 finding by the Federal Court of Claims that land underlying the corridor is owned by someone other than the jurisdiction using the right-of-way for a trail; in most cases that is the adjoining land owner.  So we will be charged to use our own land!

As in the past, SHO will oppose the county’s effort to, in effect, steal our land.  SHO is currently in the process of retaining legal representation.  Our first step will be to provide you with a response to give the county if you are pressured to get a Special Use Permit (SUP).

Almost every property owner adjacent to the ELST will be affected, and we need your help.  SHO is merely a non-profit corporation with a small, volunteer board of directors (who have other obligations).  SHO needs funding if it is to act.  Now, as in the past, SHO will place donations from the trailside community into a legal fund to support litigation and other help to the trailside community (like the SUP response mentioned above).  SHO will send a receipt, plus keep a confidential record of each donation, with the intent of refunding any unused funds in proportion to amount contributed. 

Shoreline neighbors, This is primarily a message about high water levels on Lake Sammamish that SHO is forwarding on behalf of Washington Sensible Shorelines Association (WSSA) .  However… SHO is aware that King County intends to start charging rent for any, what they call, “encroachments” within the entire former rail corridor, not just those that might interfere with trail construction.  We will be sending another SHO Update soon about how you should deal with that, so please watch for that.  Meanwhile… Concerning Lake Sammamish Levels Following Pattern of 2020! Last year before the February rain event, the water levels were at 27.5 ft. As of 1/15 the level was 29.35 ft.  Another extreme event like last February may be about to occur. Prepare for another weather event. Check your mooring, and if your boat is still on the lift, consider getting it on a trailer. Minimize your boat wakes. Large wakes can cause significant damage during high water events. Caution: you may encounter snags and old pilings hidden just below the surface; residents are reporting drifting logs and lumber on the lake. You may need to add weights to your dock to hold it down against the rising water, and if you think you will need sandbags now is the time.See link for sandbags below. WSSA has spent all of 2020 attempting to communicate with King County and local municipalities in an effort to resolve the lake level issues. We have not been successful so far, so perhaps a flood of residents can spur them into action. Below are the King County Council and KC Flood Control Board members who are appointed to manage our lakes and rivers and maintain adequate drainage. =========================================================== Here is a sample email: edit and make it your own, but please  send it to the King County Council and the KC Flood Control Board. Dear ______________________ (King County Council Member) or (KC Flood Control Board Member) I’m concerned about the early high water levels I’m seeing on Lake Sammamish right now. The 2020 flooding caused widespread property damage and likely caused environmental degradation and habitat destruction. What are you doing to restore the equilibrium of the in and out flows on this lake? Obviously, Lake Sammamish no longer sufficiently drains. Last year at this time the lake was over a foot lower than it is right now. Please respond with your plan to fix this problem. We are now in the rainy season. Here is my contact information: Respectfully,   ___________________ ======================================================================== Current USGS Graph of water levels USGS For a deeper dive go here Helpful links to help you prepare for this winter How to Prepare for Flooding Where to Get Sandbags How to Use Sandbags – video Important Phone Numbers Sign Up For King County Flood Alerts Get the Flood Alert App Make an Emergency Plan

Sammamish Home Owners February 2020 Update

Here is an update on lake-related news in Sammamish. 

East Lake Sammamish Trail

The city of Sammamish eventually approved King County’s trail plans and has issued all but one of the necessary permits to allow construction of the remaining, middle Segment 2B.  The final plan set is called the “95% Plans”.  This plan set is accessible on the county’s East Lake Sammamish Trail website.  Construction may start in the fall of this year.

But as reflected in a front page article in the January 15^th Seattle Times and a KING TV story the next night, matters concerning the ELST have recently taken an ugly turn.  King County has filed a lawsuit in federal court against eight property owners in Segment 2B requiring them to remove all improvements, including docks, within the former rail corridor, which is 200 feet wide in that section.  To get a feel for the heavy-handedness of this, here is an excerpt from that court filing.

“Defendants’ use of public lands without permission and without cost to enhance their homes and estates near Lake Sammamish by building and maintaining docks, boat lifts, cabanas, decks, walkways, hardscaping, fences and other structures constitutes trespass. Their encroachments and uses should be ejected and payments made for remediation and restoration of the public lands, along with the payment of back rents.”

Such a total takeover of the corridor is not what the rails-to-trails act intended, which is that the jurisdiction (the county in this case) simply acquires a surface easement for a trail.  However the 2016 Judge Pechman ruling in local federal court (see the SHO May 2019 Update) said the county acquired a railroad easement, which entitles them to all uses “incidental” to a railroad.  The county is interpreting this as the right to dictate use of the entire corridor, calling it “public land”. 

This action poses a threat to all property owners along the corridor, not just those in Segment 2B.  Our established uses of the corridor may result in King County demanding that we pay back rent and/or tear down structures like cabanas, sheds, and garages.

The county has also sent letters to around 150 property owners in Segment 2B notifying them that they must remove, at their expense, all “encroachments” within the corridor that could interfere with trail construction.  This is not altogether surprising, as the trail plans (which the city has now approved) show CG (clearing and grading) limits that in many areas extend well beyond the 18 foot trail footprint.

SHO is considering how to respond to these latest developments.  However in light of the US Supreme Court’s refusal to hear our federal case (ref. SHO May 2019 Update), further litigation is not necessarily an option. 

However, SHO has been in contact with Pacific Legal Foundation, which describes itself as “a nonprofit legal organization that defends Americans’ liberties when threatened by government overreach and abuse.”  Pacific Legal is very interested in our situation and may provide support (non-monetary).

Some of you have been contacting SHO asking what to do.  SHO cannot provide legal advice, but you may email us for a list of attorneys with appropriate background and skills.  SHO’s email address is sho5.org@gmail.com.

As a final trail-related note, in our last Update SHO indicated it would be refunding most of the balance in its treasury to its donors in proportion to the amounts contributed.  However shortly thereafter SHO received a final bill from the law firm that left only enough in the account to support ongoing expenses (website, etc.). 

Willowmoor Floodplain Restoration Project

This county project involves modifying the “transition zone” in Marymoor Park where the outflow from the lake into the Sammamish River is passively controlled.  This is of interest to lakeshore property owners because of the project’s potential impact on lake level.  Damage to docks, bulkheads, and other shoreline improvements can result from the combination of high water level and strong storms.

In recent years high water levels during rainy periods have increased.  This is due in part to curtailed maintenance of the flow channel and backwatering from Bear Creek, which further restricts lake outflow.  The creek’s contribution to Sammamish River volume is substantial and has been increasing due to development in the Bear Creek Basin. 

There is a Willowmoor Stakeholder Advisory Committee (SAC) in which SHO has been participating.  SHO (and some other lakeshore SAC members) have advocated redesign of the passive weir at the transition zone to be a dynamic weir.  A gated structure of this kind could be opened to lower lake levels in advance of forecast major rain episodes, thus increasing the capacity of the lake to buffer inflow without the lake level becoming excessively high. 

As of last summer, the Willowmoor Project had decided to hire a consultant to perform a more in-depth analysis of using a dynamic weir.  Then things became very quiet.  Neither SHO nor its allies on the SAC have been able to learn anything from the county as to the status of that analysis, or if it is, in fact, actually happening.

Because extreme water levels significantly impact some of us, SHO will continue to monitor this situation and will keep you informed.

To learn more about the Willowmoor project, go to the county’s website at:

https://www.kingcounty.gov/depts/dnrp/wlr/sections-programs/river-floodplain-section/capital-projects/willowmoor-floodplain-restoration.aspx

SHO Board of Directors

Sammamish Home Owners May Update

Here is an update on lake-related news in Sammamish. 

East Lake Sammamish Trail

The big news concerning the ELST is that the US Supreme Court denied our attorneys’ request (called a writ of certiorari) to review the lower courts’ rulings on our quiet title action.  That action sought to confirm that King County had acquired only a surface easement for a trail, not effective ownership of the rail corridor.  (The Supreme Court does not disclose the reason for its decision, it simply states “denied”.)  Our attorneys say that at this point we have no further legal recourse, and the decision of the federal district court stands.  That ruling, In essence, says the county acquired a railroad easement for the entire width of the corridor. 

This flies in the face of about 50 other rulings around the country that under the rails-to-trails act the railroad easement is extinguished and replaced by a surface easement for trail purposes only.  Our attorneys call the ruling by the Washington District Court, as sustained by the 9^th Circuit Court of Appeals, an “outlier”, and agree that this is a gross miscarriage of justice.  The government in our case has basically succeeded in stealing our land and we have absolutely no recourse. 

King County is now calling the rail corridor “public land” and cites state law that requires them to charge adjacent property owners for any uses of public land.  This is what we have to look forward to.  Naturally, SHO is extremely disappointed.  We believe the case presented to the Court of Appeals was well crafted, but that court is notoriously left-leaning and supportive of government.  The law firm that has been representing us specializes in rails-to-trails cases and has been very successful in other courts around the country.  They told SHO they “have never seen anything like this overreach”.

It is possible that this bad ruling will get discredited in another court, and such new ruling could be used to re-assert our rights.  It was earlier discredited in the Federal Court of Claims, but the Washington courts choose to ignore that.  Our attorneys say that if there should be a future ruling that we could take advantage of, they will inform us.

Finally, SHO has a modest amount of funds remaining in its treasury that were collected for the specific purpose of this litigation.  SHO will be refunding this money shortly, in proportion to the amounts contributed.

Adverse Possession Litigation

More bad news from another court.  A group of property owners next to portions of the rail corridor where King County has been claiming ownership by adverse possession challenged that claim in Washington Superior Court.  That judge recently ruled in favor of the county.  In essence, the county asserted that filing a claim of ownership with the county clerk more than ten years ago constituted “open and notorious use” – a requirement to claim adverse possession – and the judge accepted that argument.  This is despite the fact that no notice was issued to the affected property owners of that filing.  Those folks are attempting to negotiate some accommodation by the county for the fact that they have driveways and other critical portions of their residences, including in some cases even the footprints of houses, within the rail corridor that the county now “owns”.  They will likely have to buy or rent what was once their land from the county.  SHO was not involved in that litigation, but wishes those folks well.

ELST Segment 2B status

King County published its 90% Plan for this remaining, middle segment of the trail, and has applied to the city of Sammamish for the one major remaining authorization, the clearing and grading permit.   The comment period on the 90% Plan is closed.  The city is currently reviewing the permit.  Construction of this segment is anticipated to start in 2020.

Willowmoor Floodplain Restoration Project

Willowmoor is a King County project to modify the upper portion of the Sammamish River in Marymoor Park, called the “transition zone” (TZ).  This is where a passive weir built by the Corps of Engineers partially controls lake level.  SHO board members, past and present, have been attending Stakeholder Advisory Committee meetings to provide citizen input to the project, along with residents and officials from other affected cities and jurisdictions.  The project is approaching its 30% design milestone, but is not without considerable controversy.  This is of interest to Lake Sammamish lakeshore property owners because of its impact on lake water levels.

A key element of this project was to be a King County Flood Control District requirement of the 30% design (quoting):

…to reduce the frequency and duration of high lake levels… while maintaining downstream Sammamish River flood control performance…

In SHO’s view, the project has lost sight of this objective and has morphed into primarily a salmon habitat enhancement project.  The currently proposed design alternatives will not significantly affect average or peak water levels of the lake.

The consequences to shoreline property owners are twofold:

1. Continuing damage to docks and other shoreline enhancements due to the combination of storms and extreme high water.
2. Loss of property.  Increased flow restrictions in the TZ due in part to lack of maintenance have resulted in a rise in the lake’s nominal level as defined by the Ordinary High Water Mark (OHWM).  The OHWM defines the waterward edge of shoreline property from a regulatory standpoint, and where the land slopes at the water’s edge, the higher OHWM effectively reduces the owner’s usable land. 

SHO and other stakeholders are attempting to persuade the project to honor the Flood Control District’s requirement as stated above, but this has been an ongoing battle.

To learn more about the Willowmoor project, go to the county’s website at:

https://www.kingcounty.gov/depts/dnrp/wlr/sections-programs/river-floodplain-section/capital-projects/willowmoor-floodplain-restoration.aspx

SHO Board of Directors