Title 89, Title 89 RECLAMATION, SOIL CONSERVATION, AND LAND SETTLEMENT
6 chapters · 363 sections in this title.
RCW 89.30.028 Petitioners to describe their lands—Petitioners deemed owners thereof.
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Persons signing said petition shall state following their respective names, in a place provided in said petition for that purpose, the legal description of the lands owned by them and the estimated irrigable acreage contained in the same: PROVIDED, That the petitioners shall be p…
RCW 89.30.031 Proof of ownership by tax roll.
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The ownership of land of any of the petitioners may be shown by the county general tax roll of the county in which such land is situated, last equalized prior to the time of the filing of said petition with the county board. Any item on said assessment roll may be proved by a cer…
RCW 89.30.034 Petition on separate sheets—Withdrawals.
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The petition for organization of such reclamation district shall consist of any number of separate instruments of uniform similarity, numbered consecutively. For convenience, lands represented on said instruments may be grouped separately according to the county in which said lan…
RCW 89.30.037 Correction of deficient petition.
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If it shall appear that said petition or any part thereof does not contain the matters and things required by the statute, said county board shall make an order specifying the deficiency and shall return said petition or the part thereof found to be deficient to the persons filin…
RCW 89.30.040 Conflicting petitions—Largest territory considered first.
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In the event that more than one petition for the organization of a reclamation district covering any of the same territory, is filed with the same board or with different boards of county commissioners prior to the date of the issuance of the order fixing the time and place for a…
RCW 89.30.043 Order for hearing—Notice.
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If and when said county board finds that the petition is sufficient it shall enter an order to that effect and shall fix a time and place for a hearing on said petition which said time shall be not less than thirty days nor more than ninety days from the date of said order and sh…
RCW 89.30.046 Publication of notice.
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Said notice shall be published once a week for at least two weeks (three issues) before the time when the hearing on said petition is to be held.[ 1927 c 254 s 16; RRS s 7402-16. Formerly RCW 89.20.570, part.]
RCW 89.30.049 Contents of notice.
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Said notice shall state that a petition has been filed with said county board for the purpose of creating a reclamation district under the provisions of this chapter and may be inspected during office hours by any interested person, shall specify the boundaries of the district pr…
RCW 89.30.052 Copy of notice to each member of commission.
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Said clerk shall also mail a copy of said notice to each member of the commission hereinafter provided for, at least two weeks before the day of said hearing.[ 1927 c 254 s 18; RRS s 7402-18. Formerly RCW 89.20.580.]
RCW 89.30.055 Commission—Creation—Composition.
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Upon the giving of notice of hearing on the petition by the clerk of the county board aforesaid, there is hereby authorized and created a commission composed of the chair of the board of county commissioners of each of the counties in which any of the lands to be included in the …
RCW 89.30.058 Commission—Chair—Clerk—Quorum.
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The state director of ecology shall be ex officio chair of said commission, and the clerk of the county board of the county in which the petition is filed, shall be ex officio clerk of said commission. A majority of the members of said commission shall constitute a quorum for the…
RCW 89.30.061 Commission—Clerk not to vote unless tie.
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The clerk of the commission shall not be entitled to vote on matters coming before it, except in case of a tie vote of the members thereof, in which event said clerk shall cast the deciding vote.[ 1927 c 254 s 21; RRS s 7402-21. Formerly RCW 89.20.710, part.]
RCW 89.30.064 Commission—General powers.
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Said commission is hereby given full authority to receive evidence, to make independent investigation, to determine and establish the boundaries of the district, to adjourn its meeting from time to time and place to place, and to do any and all things necessary or incidental to t…
RCW 89.30.067 Commission—Adjournments.
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The period of such adjournments, however, shall not exceed ninety days in all and in case of lack of a quorum, one or more members of the commission may adjourn to a day certain and notify the absent members of the day to which said hearing was adjourned.[ 1927 c 254 s 23; RRS s …
RCW 89.30.070 Commission—Expenses.
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Except as otherwise herein provided the necessary expenses of the commission and of the members thereof in performing the duties and functions of said commission shall be borne by the respective counties concerned in proportion to the taxable value of the acreage of each included…
RCW 89.30.073 Hearing on petition—Place.
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The hearing on said petition shall be held at the office of the county board of the county where the petition is filed or at such other convenient place as said county board shall designate.[ 1927 c 254 s 25; RRS s 7402-25. Formerly RCW 89.20.730.]
RCW 89.30.076 Hearing on petition—Proof of notice.
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At the time and place designated in said notice the commission shall meet to consider said petition. Said commission shall first determine whether notice of the hearing on said petition has been published in the manner and for the time required by this chapter and shall file the …
RCW 89.30.079 Hearing on petition—Consideration of petition—Evidence.
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If it is determined that the notice of the hearing has been properly published, the commission shall proceed to consider the petition, and to receive any pertinent evidence that may be offered.[ 1927 c 254 s 27; RRS s 7402-27. Formerly RCW 89.20.760.]
RCW 89.30.082 Hearing on petition—Boundaries to be fixed.
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Said commission shall have full authority to increase or diminish and change the boundaries of the proposed district and to fix the same so as to subserve the best interests of the district and to enable it to carry out the objects of its creation, and shall establish and define …
RCW 89.30.085 Hearing on petition—Name—Election to be ordered.
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At said hearing the commission shall give the district a name, shall fix a day for and order an election to be held therein for the purpose of determining whether or not the district shall be created under the provisions of this chapter.[ 1927 c 254 s 29; RRS s 7402-29. Formerly …
RCW 89.30.088 Order for election to county auditors.
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The clerk of the commission shall forthwith mail by registered mail a copy of said order for an election to the county auditors of each of the counties in which any lands within the boundaries of the proposed reclamation district are located.[ 1927 c 254 s 30; RRS s 7402-30. Form…
RCW 89.30.091 Records of commission to be preserved.
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Upon full determination of the petition and the ordering of said election, the commission shall turn all papers and records involved in its deliberations over to the board of the county where the petition to organize the reclamation district was filed, and said papers and records…
RCW 89.30.094 Election—How conducted—Qualifications of electors.
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Notice of said election shall be given by the same officer in the same manner and for the same length of time, electors shall have the same qualifications, and said election shall be provided for, held and conducted by the same officers and the results thereof determined by the s…
RCW 89.30.097 Election—Notice, contents—Ballots.
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The notice of said election shall specify the boundaries of the proposed district as established by the commission and shall state that the object of said election is to determine whether or not said district shall be created under the provisions of this chapter, shall state that…
RCW 89.30.100 Election—Canvass of returns.
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The board of county commissioners of the county in which the petition to organize the district is filed shall receive from the several county auditors concerned their abstracts of election returns, herein provided for, shall tabulate the same and declare the result of the electio…
RCW 89.30.103 Order organizing district.
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If upon the tabulation of said abstracts of the returns of said election as herein provided, it appears that a majority of the votes cast at said election were in favor of the creation of the district, the said county board shall by order entered in the minutes of its proceedings…
RCW 89.30.106 Order organizing district—Copy to be filed with county commissioners of other counties.
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Said county board shall then cause a copy of such order, duly certified by the clerk of the board to be immediately filed for record in the office of the county commissioners of any other county in which any portion of the territory embraced in such district is situated.[ 1927 c …
RCW 89.30.109 Certified statement to be filed for record.
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It shall be the duty of the clerk of the board of county commissioners of every county in which any lands included in the district are situated forthwith to certify and file for record in the county auditor's office of his or her county, a statement to the effect that, under the …
RCW 89.30.112 When creation complete—Proceedings conclusive, exception.
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From and after such filing the creation of the district shall be complete and its existence cannot thereafter be legally questioned by any person except the state of Washington in an appropriate court action brought within six months from the date of the order of the county board…
RCW 89.30.115 District liable for formation costs.
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Any reclamation district created under the provisions of this chapter shall be liable for the necessary costs preliminary to and involved in preparing the petition for the organization of the district, in publishing any notice required and in conducting the election approving the…
RCW 89.30.118 Change of name procedure—Effect.
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Any reclamation district created under the provisions of this chapter may change its corporate name by filing with the board of county commissioners of each of the counties in which any of the lands included within the operation of the district are situated a certified copy of a …
RCW 89.30.121 District is political subdivision.
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Reclamation districts created under this chapter shall be political subdivisions of the state and shall be held and construed to be municipal corporations within the provisions of the state Constitution relating to exemptions from taxation and within the provisions relating to th…
RCW 89.30.124 Judgments against district—When chargeable against improvement and divisional districts.
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Any judgment obtained against the reclamation district on account of any contract or transaction, made for or on behalf of any general improvement district or divisional district herein authorized, or on account of the construction or maintenance of any improvement for such impro…
RCW 89.30.127 District a corporate body—Powers.
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A reclamation district created under this chapter shall constitute a body corporate and shall possess all the usual powers of a corporation for public purposes as well as all powers that may now or hereafter be specifically conferred by law.[ 1927 c 254 s 43; RRS s 7402-43. Forme…
RCW 89.30.130 Powers—In general.
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Said reclamation districts shall have full authority to carry out the objects of their creation and to that end are authorized to acquire, purchase, hold, lease, manage, occupy, and sell real and personal property or any interest therein, to enter into and perform any and all nec…
RCW 89.30.133 Powers—Improvement and divisional districts, purposes.
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Said reclamation districts shall have authority to create general improvement districts and divisional districts to include any or all the lands within the reclamation district, to provide for the levy and collection of special assessments against the respective lands benefited, …
RCW 89.30.136 Powers—Development, sale, use, etc., of water or electric energy.
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Said reclamation districts shall have authority to develop and sell, lease or rent the use of water or electric energy for use or distribution within or without the district on such terms and under such regulations as may be determined by the district board or as shall be set out…
RCW 89.30.139 Powers—Bonds payable from income.
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Said reclamation districts shall also have authority to issue and sell bonds of the district payable from the income derived from the sale or rental of water or electric power as in this chapter provided.[ 1927 c 254 s 47; RRS s 7402-47. Formerly RCW 89.26.240.]
RCW 89.30.142 Powers—Sale or lease of water—Drains—Land settlement.
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Said reclamation districts shall also have authority:(1) To construct, repair, purchase, maintain, or lease a system or systems for the sale or lease of water to the owners of irrigated lands within the district for domestic purposes.(2) To construct, repair, operate and maintain…
RCW 89.30.145 Powers—Fiscal agent for United States.
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Reclamation districts created under this chapter may accept appointment as fiscal agent or other authority of the United States to make collections of money for or on behalf of the United States in connection with any federal or other reclamation project whereupon the reclamation…
RCW 89.30.148 Surety bond from contractor.
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Any person, firm or corporation except the state of Washington or the United States, to whom or to which a contract may have been awarded by the district for construction purposes, or for labor or material entered into when the total amount to be paid therefor exceeds one thousan…
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, …