Title 89, Title 89 RECLAMATION, SOIL CONSERVATION, AND LAND SETTLEMENT
6 chapters · 363 sections in this title.
RCW 89.30.151 Payments under contracts—Retained percentage.
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Contracts entered into by reclamation districts authorized under this chapter for construction or for services or materials, may provide that payments shall be made in such monthly amounts or in such monthly proportion of the contract price as the board shall determine as the wor…
RCW 89.30.154 Contracts—Public bidding—Notice.
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Contracts for labor or materials entering into the construction of any improvement authorized by the district shall be awarded at public bidding except as herein otherwise provided. A notice calling for sealed proposals shall be published in such newspaper or newspapers of such g…
RCW 89.30.157 Contracts with United States or any state for construction, etc.
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The board shall have authority to enter into any obligation or contract authorized by law with the United States or with any state therein for the supervision of the construction, for the construction, reconstruction, betterment, extension, sale or purchase, or operation or maint…
RCW 89.30.160 Contracts with United States or state of Washington—Assumption of control or management.
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Reclamation districts created under this chapter shall have authority to enter into contracts with the state of Washington or the United States under any act of congress for the assumption of the control and management of the works for such period as may be designated in the cont…
RCW 89.30.163 Contracts with United States or state of Washington—Bonds as payment or security—Levy for interest or payment.
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In case a contract has been or shall be hereafter made between the district and the state of Washington and/or the United States as herein provided, bonds of any general improvement district or of any divisional district herein authorized, may be deposited with the state of Washi…
RCW 89.30.166 Contracts with United States or state of Washington—Submission of contracts to electors.
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No contract, however, providing for the levy of such assessments shall be entered into with the state of Washington or the United States as above provided unless a proposition of entering into such a contract shall have first been submitted to the electors of the general improvem…
RCW 89.30.169 Contracts with United States or state of Washington—Election procedure.
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Elections held for the purpose of approving a contract with the state of Washington or the United States as herein provided, shall be called, noticed, conducted and canvassed in the same manner and with the same force and effect as in the case of bond elections held in general im…
RCW 89.30.172 Contracts with United States or state of Washington—Liability of district for improvement and divisional district obligations.
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The reclamation district shall not be liable under any contract creating an obligation chargeable against the lands of any general improvement district or of any divisional district authorized herein unless such liability is specifically stated in such contract.[ 1927 c 254 s 58;…
RCW 89.30.175 Drainage system—Authorization—Notice—Hearing.
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Whenever in the judgment of the reclamation district board a system of drainage for any lands included in the operation of any general improvement or divisional district therein will be of special benefit to the lands of the general improvement or divisional district as a whole, …
RCW 89.30.178 Drainage system—Powers.
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Upon the passing of said resolution, the district shall in all respects have the same power and authority as is now or may hereafter be conferred respecting irrigation, and all powers in this chapter conferred upon the reclamation district with respect to irrigation shall be cons…
RCW 89.30.181 Drainage system—Benefit to public road or city sewer system—Assessment.
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Whenever any drainage improvement constructed under the provisions of this chapter results in benefit to the whole or any part of a public road, road bed or track thereof, or will facilitate the construction or maintenance of any sewer system in any city or town, the state, count…
RCW 89.30.184 Eminent domain—Authorized.
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The taking and damaging of property or rights therein or thereto by a reclamation district to construct an improvement or to fully carry out the purposes of its organization are hereby declared to be for a public use, and any district organized under the provisions of this chapte…
RCW 89.30.187 Eminent domain—Procedure.
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Reclamation districts exercising the power of eminent domain shall proceed in the name of the district in the manner provided by law for the appropriation of real property or of rights therein or thereto, by private corporations, except as otherwise expressly provided herein.[ 19…
RCW 89.30.190 Eminent domain—Joinder, consolidation of actions—Separate verdicts.
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The district may at its option unite in a single action proceedings to condemn, for its use, property which is held by separate owners. Two or more condemnation suits instituted separately may also, in the discretion of the court, be consolidated upon motion of any interested par…
RCW 89.30.193 Eminent domain—Damages and benefits—Judgment when damages exceed benefits, costs.
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The jury, or the court if the jury be waived, in such condemnation proceedings shall find and return a verdict for the amount of damages sustained: PROVIDED, That the court or jury, in determining the amount of damages, shall take into consideration the special benefits, if any, …
RCW 89.30.196 Eminent domain—Damages and benefits—Judgment for costs when benefits equal or exceed damages.
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If it shall appear by the verdict that the gross special benefits equal or exceed the gross damages, judgment shall be entered against the district and in favor of the owner or owners for the costs only, and upon payment of the judgment for costs a decree of appropriation shall b…
RCW 89.30.199 Eminent domain—Levy on uncondemned lands unaffected.
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If the damages found in any condemnation proceedings are to be paid for from funds of the reclamation district, no finding of the jury or court as to benefits or damages shall in any manner abridge the right of the district to levy and collect taxes for district purposes against …
RCW 89.30.202 Eminent domain—Verdict and findings binding as to levy.
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If the damages found in any condemnation proceedings are to be paid for from special assessments levied in behalf of any general improvement or divisional district, the verdict and findings of the court or jury as to damages and benefits shall be binding upon the board of directo…
RCW 89.30.205 Eminent domain—Damages applied pro tanto to satisfy levies.
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The damages thus allowed but not paid shall be applied pro tanto to the satisfaction of the levies made for such construction costs upon the lands on account of which the damages were awarded: PROVIDED, That nothing herein contained shall be construed to prevent the district from…
RCW 89.30.208 Eminent domain—Title acquired.
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The title acquired by the reclamation district in condemnation proceedings shall be the fee simple title or such lesser estate as shall be designated in the decree of appropriation and in case such proceedings are brought in behalf of any general improvement or divisional distric…
RCW 89.30.211 Right of entry to make surveys, etc.
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The reclamation district board and its agents and employees shall have the right to enter upon any land, to make surveys and may locate the necessary irrigation works and the line for canal or canals and the necessary branches for the same or for necessary transmission power line…
RCW 89.30.214 Right to construct across streams, highways, railways, etc.—Duty to restore.
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The board of directors of any reclamation district authorized under this chapter, shall have power to construct district works across any stream of water, water course, street, avenue, highway, railway, canal, ditch or flume which works may intersect or cross in such manner as to…
RCW 89.30.217 Right to construct across streams, highways, railways, etc.—Railroads to cooperate.
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Every company whose railroad shall be intersected or crossed by district works shall unite with said board in forming said intersections and crossings and shall grant the privileges aforesaid.[ 1927 c 254 s 73; RRS s 7402-73. Formerly RCW 89.20.370.]
RCW 89.30.220 Right to construct across streams, highways, railways, etc.—Disagreements, how determined.
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If such railroad company and said board or the owners or controllers of said property, thing or franchise so to be crossed, cannot agree upon the amount to be paid therefor or the points or manner of said crossings or intersections, the same shall be ascertained and determined in…
RCW 89.30.223 Right-of-way on state lands.
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The right-of-way is hereby given, dedicated and set apart to locate construction and maintenance works over and through any of the lands which are now or may be the property of the state of Washington.[ 1927 c 254 s 75; RRS s 7402-75. Formerly RCW 89.20.390.]
RCW 89.30.226 Board of directors—Composition.
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The affairs of the district shall be managed by a board of directors composed of a number of qualified resident electors of the district equal to the number of director districts contained in said reclamation district.[ 1927 c 254 s 76; RRS s 7402-76. Formerly RCW 89.22.020, part…
RCW 89.30.229 Board of directors—Term of office.
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Except as herein otherwise provided, the term of the office of director shall be six years from and after the second Monday in January next succeeding his or her election.[ 2013 c 23 s 563; 1927 c 254 s 77; RRS s 7402-77. Formerly RCW 89.22.050, part.]
RCW 89.30.232 Director districts.
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The county board at the time of making the order creating a reclamation district under the provisions of this chapter, shall divide the territory of the reclamation district into regional divisions to be known as "director districts".[ 1927 c 254 s 78; RRS s 7402-78. Formerly RCW…
RCW 89.30.235 Director districts—Geographical boundaries—Designation.
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All the territory of each county included within the boundaries of the reclamation district shall constitute a director district which shall be designated by the name of the county in which it is located.[ 1927 c 254 s 79; RRS s 7402-79. Formerly RCW 89.22.010, part.]
RCW 89.30.238 First board—Appointment.
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The county board of the county in which each director district is located shall within ten days after receipt of the order creating the reclamation district appoint and certify to the county board of the county in which the reclamation district was affected, the appointment of a …
RCW 89.30.241 First board—Term.
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The first members of the district board so appointed shall hold office until their successors have been elected at the time of the next general state and county election, and have been qualified.[ 1927 c 254 s 81; RRS s 7402-81. Formerly RCW 89.22.030, part.]
RCW 89.30.244 First directors—Election.
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At the time of the next general state and county election, an election shall be held in each of the director districts in the reclamation district for the purpose of electing directors of the district.[ 1927 c 254 s 82; RRS s 7402-82. Formerly RCW 89.22.600.]
RCW 89.30.247 First directors—Nominations.
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Candidates for the office of district director shall be nominated in the manner herein provided for such nominations.[ 1927 c 254 s 83; RRS s 7402-83.]
RCW 89.30.250 First directors—Terms.
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The terms of the first directors of the district to be elected shall be determined in relation to the amount of the taxable wealth in their respective director districts. The candidates of the wealthiest one-third of the total number of director districts shall serve for a term o…
RCW 89.30.253 Directors—Term.
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After the first terms have been served, all directors shall serve for a term of six years.[ 1927 c 254 s 85; RRS s 7402-85. Formerly RCW 89.22.050, part.]
RCW 89.30.256 Directors—Vacancies.
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In case of any vacancy occurring in the office of director, such vacancy shall be filled by appointment of a resident elector of the director district represented by the former incumbent by the board of directors of the reclamation district, and the person so appointed shall serv…
RCW 89.30.259 Directors—Oath—Bond.
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Each director shall take and subscribe an official oath for the faithful discharge of the duties of his or her office and shall execute an official bond to the district in the sum of twenty-five hundred dollars conditioned for the faithful discharge of his or her office, which bo…
RCW 89.30.262 Secretary's oath and bond.
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The secretary of the district shall take and subscribe a written oath of office and execute an official bond in the sum of not less than twenty-five hundred dollars to be fixed by the board of directors, and said bond shall be approved and filed as in the case of the bond of a di…
RCW 89.30.265 Additional official bonds when fiscal agent of United States.
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In case any district authorized in this chapter is appointed fiscal agent of the United States or is authorized by the United States in connection with any irrigation project in which the United States is interested to make collections of money for or on behalf of the United Stat…
RCW 89.30.268 Additional official bonds when fiscal agent of United States—Suit on.
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Any such additional bonds required by the secretary of interior as above provided may be sued upon by the United States or any person injured by the failure of such officer or the district to fully, promptly and completely perform their respective duties.[ 1927 c 254 s 90; RRS s …
RCW 89.30.271 Official bonds, cost of.
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All official bonds executed by district officers under the provisions of this chapter shall be secured at the cost of the district.[ 1927 c 254 s 91; RRS s 7402-91. Formerly RCW 89.22.320.]
RCW 89.30.274 Directors—Organization—President, secretary.
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The directors of the reclamation district shall organize as a board and shall elect a president from their number and appoint a secretary who shall be secretary of the district and who shall keep a record of the proceedings of the board and shall have custody of the official reco…
RCW 89.30.277 District office.
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The office of the directors and principal place of business of the reclamation district shall be some place in the reclamation district to be designated by the directors.[ 1927 c 254 s 93; RRS s 7402-93. Formerly RCW 89.22.090.]
RCW 89.30.280 District office—Change of location.
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Said office and official place of business may be changed by passing a resolution to that effect at a previous meeting of the board entered in the minutes thereof and by posting a notice of the same in a conspicuous public place at or near the place of business which is to be cha…
RCW 89.30.283 Directors—Regular meetings, change of day.
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The directors shall hold a regular monthly meeting at their office on such day in each month as the board shall designate in their bylaws and may adjourn any meeting from time to time as may be required for the proper transaction of business; PROVIDED, That the day of the regular…
RCW 89.30.286 Directors—Special meetings—Notice—Business permissible.
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Special meetings of the board may be called at any time by order of a majority of the directors. Any member not joining in said order shall be given at least a three days' notice of such meeting, unless the same is waived in writing, which notice shall also specify the business t…
RCW 89.30.289 Directors—Meetings and records public.
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All meetings of the board of directors shall be public. All records of the board shall be open for the inspection of any elector of the district during business hours of the day in which any meeting of the board is held.[ 1927 c 254 s 97; RRS s 7402-97. Formerly RCW 89.22.130.]No…
RCW 89.30.292 Directors—Quorum—Action by majority.
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A majority of the directors shall constitute a quorum for the transaction of business and in all matters requiring action by the board, there shall be a concurrence of at least a majority of the directors.[ 1927 c 254 s 98; RRS s 7402-98. Formerly RCW 89.22.180, part.]
RCW 89.30.295 Directors—Seal, bylaws, rules.
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The board shall have the power and it shall be its duty to adopt a seal of the reclamation district and to establish equitable bylaws, rules and regulations for the government and management of the affairs of the district. The bylaws, rules and regulations must be printed in conv…
RCW 89.30.298 Compensation of directors, officers, employees.
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The members of the board of directors shall each receive not to exceed five dollars per day in attending the meetings, to be determined by said board, and such compensation, not exceeding five dollars per day, for other services rendered the district as shall be fixed by resoluti…