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(continued) an
inventory being made pursuant to Section 6331.5.




6335. On or before December 31, 1989, any local agency or other
interested person affected by boundaries described by the
"Preliminary Description of Ungranted Tideland Boundaries" may file a
protest, verified under oath, on a form to be prescribed and
provided by the commission, at an office of the commission. Any such
protest shall be accompanied by a list or brief summary of all data
and pertinent evidence bearing upon the protest upon which the
protesting party intends to rely and which is in the possession of
the protesting party at the time of the filing of the protest. A
protesting party may, at least 10 days prior to the hearing or
continued hearing provided for in Section 6337, or at any time as the
commission may approve, submit a list or brief summary of any such
data and pertinent evidence obtained subsequent to the filing of the
protest. Any such data and pertinent evidence shall, upon request of
the commission, be available for inspection amd reproduction by the
commission.


6336. The commission may negotiate with any person or local agency
having or claiming an interest in any land affected by boundaries
described by the "Preliminary Description of Ungranted Tideland
Boundaries," for the purpose of reaching a boundary agreement. Any
such boundary agreement shall be binding on the state and other
parties thereto when approved by the commission. Any such boundary
agreement shall be recorded in the office of the county recorder of
each county in which the land affected thereby, or some portion
thereof, is located. The boundary line so established shall be
incorporated in, and made a part of, the master map and description
to be prepared pursuant to the provisions of Section 6338.




6337. Before adopting the Master Map of Ungranted Tideland
Boundaries in California and a Description of Ungranted Tideland
Boundaries pursuant to Section 6338, the commission shall consider
all evidence submitted pursuant to Section 6335. The commission may,
in its discretion, and shall, upon the request of the protestant,
hold a hearing as to any protest or protests prior to adopting the
master map and description. The commission may authorize its
executive officer or other officer or employee of the commission to
conduct such hearing or hearings at a convenient location selected by
the commission within each county where such protested boundary is
located. Not less than 30 days before the date set for each hearing,
a notice, setting forth the time, place, and nature of such hearing,
shall be sent by such officer or employee by certified mail to each
protestant whose protest is to be heard at such hearing.



6338. On or before December 31, 1992, the commission shall prepare,
certify, adopt, and publish in final form a "Master Map of Ungranted
Tideland Boundaries in California," and a "Description of Ungranted
Tideland Boundaries" for each parcel of ungranted tidelands, either
in whole, or by segments as completed, and thereafter shall:
(a) File a copy of each of the aforementioned documents with the
Chief Clerk of the Assembly, the Secretary of the Senate, the
Attorney General, the Director of Finance, the Director of
Conservation, the Director of Parks and Recreation, the State
Librarian, and such other state departments or agencies as the
commission may deem advisable.
(b) Record one copy of the part of each such document pertaining
to the county affected in the office of the county recorder of each
county in which ungranted tidelands are located.
(c) File the original of each in the official file of the
commission as a public record.



6339. (a) Boundaries established by boundary agreements entered
into and recorded pursuant to Section 6336, as to all parties
thereto, shall be fixed and permanent without change by reason of
fluctuation due to the forces of nature, except that any lands that
may thereafter be submerged or become subject to the ebb and flow of
the tide, shall, so long as such conditions exist, be subject to the
easement in favor of the public for commerce, navigation, and
fisheries.
(b) Boundaries mapped and described pursuant to this article,
other than boundaries established by parties to a boundary agreement
entered into pursuant to Section 6336, shall not be binding upon any
upland owner or other party affected thereby, whose rights, if any,
shall not be affected by any provision of this article. If any such
rights have been previously determined pursuant to law, they shall
remain unaffected by the provisions of, and proceedings undertaken
pursuant to, this article. If any such rights have not been
previously determined, they may be determined pursuant to any law
existing as of January 1, 1976, or that may be thereafter enacted.
However, any such upland owner or other person affected by the master
map and description may consent in writing to bind his land or any
claimed title or interest therein to the boundaries so mapped and
described. Such consent shall be acknowledged by the party executing
it and shall be recorded in the office of the county recorder of the
county in which the land affected thereby is located. The consent
shall thereafter have the same effect as if a boundary agreement had
been entered into pursuant to Section 6336, and the provisions of
subdivision (a) of this section shall be applicable thereto.



6340. The inventory required by this article shall not extend to,
or have any bearing upon, the determination of the seaward boundary
separating lands belonging to the state and lands belonging to the
United States.


6341. Any boundary line agreement entered into pursuant to Section
6336 or 6357, or any consent recorded pursuant to subdivision (b) of
Section 6339, or any exchange of land made pursuant to Section 6307,
shall be conclusively presumed to be valid unless held to be invalid
in an appropriate proceeding in a court of competent jurisdiction to
determine the validity of such boundary line agreement or consent or
exchange commenced prior to January 1, 1977, or within one year after
the execution and recording of such boundary line agreement or such
consent or exchange, whichever is later.



6342. The commission may enter into boundary line agreements with
any person or public entity, describing and defining the boundary
line between ungranted tidelands and adjacent uplands owned by such
person or public entity. Such boundary line agreements shall be
executed on behalf of the commission, and upon recordation shall be
binding and conclusive as between the state and all persons and
public entities executing such agreements, and the provisions of
subdivision (a) of Section 6339 shall be applicable thereto.

6357. The commission may establish the ordinary high-water mark or
the ordinary low-water mark of any of the swamp, overflowed, marsh,
tide, or submerged lands of this State, by agreement, arbitration, or
action to quiet title, whenever it is deemed expedient or necessary.
The amendment hereby made is declaratory of the existing law and
any such agreements heretofore made establishing the ordinary
high-water mark or the ordinary low-water mark of any of the swamp,
overflowed, marsh, tide, or submerged lands of this State hereby are
ratified and confirmed.



6358. On receipt of a request from the legislative body of a
county, city, or other political subdivision or agency of the State,
to which a legislative grant of tide and submerged lands has been or
may be made, or at its own instigation, the commission may survey,
monument, plat, and record in the office of the recorder in the
county or counties in which such lands are located, the area of state
lands described in such act of the Legislature. Whenever such
survey and plat has been made at the request of a grantee of the
State, the costs thereof shall be repaid by such grantee to the
commission.


6359. Whenever by legislative enactment tide or submerged lands of
the State are granted or conveyed or authorized to be granted or
conveyed or whenever a previous enactment is amended, and no prior
survey has been made, and such act does not contain a description of
such lands by metes and bounds, the commission shall within two years
following the effective date of such act survey, monument, and
record a plat and a metes and bounds description of such lands in the
office of the county recorder in the county or counties in which
such lands are located. Upon recordation, the survey, monuments,
plat and description shall be binding upon the State, the grantee,
and their successors in interest.
No such grant or conveyance or amended grant or conveyance shall
be effective until completion of the survey and recordation. The
cost of such survey and recordation shall be paid by the person or
entity to which the grant or conveyance is made.



6360. Notwithstanding any other provision of law, the boundary line
of land lying within the Sacramento-San Joaquin Delta (as defined in
Section 12220 of the Water Code) bordering upon tidal waters or upon
a navigable stream is, for the purpose of determining boundary
location, conclusively presumed to be located at the ordinary
high-water mark when such land borders on tidal lands not validly
patented into private ownership and at the low-water mark when such
land borders upon a navigable stream where there is no tide or where
such lands consist of tidelands validly patented into private
ownership, as such high- or low-water mark exists upon the effective
date of this section and from time to time thereafter where, for a
period of not less than 30 years continuously, prior to the effective
date of this section, the following facts exist:
(a) The land including any accretion thereto has been occupied
openly and notoriously by persons claiming title thereto or their
predecessors. Land shall be deemed occupied for the purpose of this
section when protected by a substantial enclosure; or when usually
cultivated; or when improvements have been constructed thereon by the
persons claiming such title or their predecessors, including, in the
case of improvements located waterward of the landward toe of a
levee, that land surrounding such improvements as is incidental to
the usual and reasonable use of the improvements.
(b) Taxes (state, county or municipal) have been levied and
assessed during such period on such land including any accretion
thereto and such persons or their predecessors have paid all such
taxes during such period. The requirements of this subparagraph
shall be deemed to have been met during any period when the owner or
claimant to such land was exempt from ad valorem taxation.
(c) The persons claiming title or their predecessors have based
their claim upon a deed or map, or both, describing or depicting the
land including any accretion thereto, which deed or map has been
recorded in the office of the recorder of the county in which the
land is situated.
Nothing in this section shall be construed as vesting in an
adjacent or contiguous landowner title to any lands which have been
artificially filled by the landowner or his predecessors or any
public agency or which have attached to his lands as a result of an
avulsive change in the shoreline or as the result of an avulsive
change in the course of, or an artifical rechannelization of, any
river or stream, or divesting such landowner of any title which he
may have to any lands which have been artificially dredged by the
landowner or his predecessors or any public agency or which have
detached from his land as a result of an avulsive change in the
shoreline or as the result of an avulsive change in the course of, or
an artifical rechannelization of, any river or stream.