Kelly:

This thread may be getting beyond what we on tweeters really know about. I more or less started it, with
tongue in cheek, making a little fun of county listers.

Here is what I do know: The county boundary was originally a straight east west line, as set by the territorial
legislature before statehood. They merely called out a standard parallel, which is one of the lines run by the
general land office. I have checked the early (19th century) general land office maps, and the line cut
through the south end of Lummi Island, which would leave Viti Rocks in Skagit County (the GLO never
actually made a tie to the rocks themselves.) Now, I think we can be pretty sure the legislature did not know
or care if the line cut through some island, they were simply trying to create a simple boundary line.

The state statutes, in RCW 36.04 (County boundaries) still show the boundary as the same east west line.

The newer USGS maps, as noted by Wayne and myself, show the same straight east west line. The 1995
"Eliza Island" 7.5 minute quad shows the line just like the statute.

Hence, if you rely on the statutes and on the newer USGS maps, you get Viti Rocks in Skagit.

Now, I also have seen some of the older USGS maps showing the curved boundary.

It is possible to change a county boundary, but it is supposed to require a court action in front of a
"disinterested Judge." I did a legal database search, and found no mention of such an action. That does
not mean that one never happened-- it could have occurred at the county level and would not have made it
into the databases if it was never appealed. There should be a record of such an action in the county court
clerk's records.

Thus, if the county boundary was ever really curved, then the curved boundary would be the newer one. It
obviously would make perfect sense to curve the boundary, not because of Viti Rocks but to put all of
Lummi Island in Whatcom Cy. As several have noted, Whatcom Cy. assesses all the land on Lummi as part
of Whatcom Cy., which again makes sense (why have one small tip assessed by Skagit Cy?) Also, both
counties publish maps with the curved boundary.

What we don't really know is whether the two counties ever went through the official court action they are
supposed to use to curve the boundary, or if they are just using a sort of "gentleman's agreement" to treat
Lummi entirely as part of Whatcom. To me, that would also make sense. I doubt that it was ever curved by
the legislature, because such an action is normally noted in the revised codes (that is a note about the
change would be added to RCW 36. Also, there is a note in the RCW that says that our state constitution
prohibits a legislative change of a county boundary by "special act".)

Thus, for me, I think this is still an open question.

That is why I suggested this be allowed to rest until some historical research is done by somebody. I don't
have the time. I used to do this at historical museums, state archives, etc., and it could be fun for someone
with the inclination. Both counties have surveying departments. Maybe somebody could just go in and ask
if they have a record of this.

I never realized this topic would generate this much discussion.

Jerry Broadus
PLS 17660