OLYMPIA — The Quinault Nation’s control of Lake Quinault was reaffirmed by a Thurston County judge who dismissed a lawsuit that would turn the lake over to the state for management.
Superior Court Judge Anne Hirsch dismissed the case Friday, formally recognized the tribe’s interest in Lake Quinault and concluded that the case could not proceed.
“Lake Quinault always has been and always will be part of the Nation’s reservation,” Quinault Nation President Fawn Sharp said of the judgment in a formal statement Monday.
“The nation will always take every step necessary to protect its land and its rights and oppose any attempt to diminish or undermine our interests.”
Lake Quinault covers 6 square miles adjacent to Olympic National Park, just northeast of U.S. Highway 101 near the town of Amanda Park, with tribal, Olympic National Park, Olympic National Forest and private ownership of the lake shores.
The lawsuit was filed in September 2015 by North Quinault Properties LLC, a nonprofit representing a group of neighboring landowners, against state Commissioner of Public Lands Peter Goldmark and the Department of Natural Resources.
Objected to rules
The landowners objected to the nation’s rules that restricted uses of the lake and sought a transfer of control to state authorities.
North Quinault Properties argued that Lake Quinault is a “public trust resource” owned by the state of Washington pursuant to the state constitution.
The suit said the state, instead of the Quinault Nation, has a duty to ensure unlimited access to Lake Quinault.
“They were trying to take the lake from the tribe, like has been done to tribes for the last 200 years,” said Steve Robinson, spokesman for the Quinault Nation.
The legal battle for control of the lake began when the Quinault found the water quality had declined because of pollution from lakeside septic tanks, invasive species and degraded habitat for fish and other aquatic species.
Fishing and some access to the lake was limited in an attempt to restore water quality and habitat, including a restriction on the use of motorboats.
The Quinault blueback salmon is a genetically distinct subset of sockeye salmon that exists only in the Quinault River, and tribal resources were being marshaled to bring back the fish, Robinson said.
A handful of property owners objected to the restrictions and sought to get control of the lake transferred to another entity, he said.
Sharp said the majority of landowners have been supportive of the nation’s efforts to protect the lake and river.
“We wish to acknowledge the many landowners who support Quinault Nation’s ownership, jurisdiction and management of the lake. We deeply appreciate their support and value the positive relationship we have with them,” she said.
Earlier lawsuit
The lawsuit dismissed Friday was the second case filed against public entities in regard to control of the lake.
In May 2015, a U.S. District Court judge found in favor of the Quinault Nation in a related lawsuit.
In that case, North Quinault Properties and others filed suit to challenge the nation’s jurisdiction after the nation closed the lake to nontribal fishing.
The suit named the Quinault Nation and the state Department of Natural Resources. It contended that federal doctrines preserve navigable waters for public use.
The tribe restored fishing to nontribal people April 14, 2014, but retained the boating and water recreation rules put in place at that time.
When the suit was dismissed, the court ruled that an action against the Quinault was barred by the doctrine of tribal sovereign immunity.
The 2015 ruling also found that DNR was immune under the 11th Amendment of the U.S. Constitution that grants immunity from federal lawsuits to states.
The Quinault Reservation was created by the 1856 Treaty of Olympia, ratified by Congress in 1859 and includes Lake Quinault.
President Ulysses S. Grant ordered the reservation boundaries expanded to 208,150 acres in 1873.
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Reporter Arwyn Rice can be reached at 360-452-2345, ext. 56250, or at arice@peninsuladailynews.com.
