reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.90 - Columbia River Basin Water Supply. › 90.90.060 - Additional releases of water from Lake Roosevelt.

RCW 90.90.060
Additional releases of water from Lake Roosevelt.
(1) In 2006, the legislature enacted chapter 6, Laws of 2006, an act relating to water resource management in the Columbia river basin. In its enactment, the legislature established that a key priority of water resource management in the Columbia river basin is the development of new water supplies to meet economic and community development needs concurrent with instream flow needs.
(2) Consistent with this intent, the governor and the legislature are in agreement with the Confederated Tribes of the Colville Reservation and the Spokane Tribe of Indians to support additional releases of water from Lake Roosevelt. Because the sovereign and proprietary interests of these tribal governments are directly affected by water levels in Lake Roosevelt, the state intends to share a portion of the benefits derived from Lake Roosevelt water releases and to mitigate for any impacts such releases may have upon the tribes.
(3) These new releases of Lake Roosevelt water of approximately eighty-two thousand five hundred acre feet of water, increasing to no more than one hundred thirty-two thousand five hundred acre feet of water in drought years, will bolster the state economy and will meet the following critical needs: New surface water supplies for farmers to replace the use of diminishing groundwater in the Odessa aquifer; new water supplies for municipalities with pending water right applications; enhanced certainty for agricultural water users with water rights that are interruptible during times of drought; and water to increase flows in the river when salmon need it most.
(4) Nothing in chapter 82, Laws of 2008 expands, impairs, or otherwise affects the existing status and sovereignty of the tribal governments involved in Lake Roosevelt water releases pursuant to this section and RCW 90.90.070.
[ 2008 c 82 § 1.]
NOTES:
Effective date—2008 c 82: "This act takes effect July 1, 2008." [ 2008 c 82 § 4.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.90 - Columbia River Basin Water Supply. › 90.90.070 - Columbia river water delivery account—Creation—Distribution.

RCW 90.90.070
Columbia river water delivery account—Creation—Distribution.
(1) The Columbia river water delivery account is created in the state treasury. Moneys in the account may be spent only after appropriation. The account consists of all moneys transferred or appropriated to the account by law. The legislature may appropriate moneys in the account:
(a) For distributions for purposes of RCW 90.90.060 as provided in this section; and
(b) To the department of ecology for other purposes relating to implementation of RCW 90.90.060 and 90.90.080.
(2) On July 1, 2008, and each July 1st thereafter for the duration of the agreements described in RCW 90.90.060, the state treasurer shall transfer moneys from the general fund into the Columbia river water delivery account in the amounts described in subsection (3) of this section.
(3) Subject to appropriations, on July 1, 2008, and each July 1st thereafter, the state treasurer shall distribute moneys from the Columbia river water delivery account as follows:
(a) To the Confederated Tribes of the Colville Reservation, on July 1, 2008, the sum of three million seven hundred seventy-five thousand dollars; and on July 1, 2009, the sum of three million six hundred twenty-five thousand dollars. Each July 1st thereafter for the duration of the agreement, the treasurer shall distribute an amount equal to the previous year's distribution adjusted for inflation. The inflation adjustment shall be computed using the percentage change on the implicit price deflator for personal consumption expenditures for the United States for the previous calendar year, as compiled by the bureau of economic analysis of the United States department of commerce and reported in the most recent quarterly publication of the economic and revenue forecast council or successor agency.
(b) To the Spokane Tribe of Indians, on July 1, 2008, the sum of two million two hundred fifty thousand dollars. Each July 1st thereafter for the duration of the agreement, the treasurer shall distribute an amount equal to the previous year's distribution adjusted for inflation. The inflation adjustment shall be computed using the percentage change in the consumer price index for the Washington state Seattle-Tacoma-Bremerton consolidated metropolitan statistical area for the previous calendar year as compiled by the bureau of labor statistics, United States department of labor, and reported in the most recent quarterly publication of the economic and revenue forecast council or successor agency.
(4) The state treasurer may not distribute moneys from the Columbia river water delivery account to a tribe pursuant to this section unless the director of ecology has certified in writing to the state treasurer and the legislature that the agreement with the tribes is still in effect.
[ 2008 c 82 § 2.]
NOTES:
Effective date—2008 c 82: See note following RCW 90.90.060.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.90 - Columbia River Basin Water Supply. › 90.90.080 - Impacts of water release—Department of ecology's duties.

RCW 90.90.080
Impacts of water release—Department of ecology's duties.
(1) Because the potential impacts of water releases under agreements reached under this chapter on affected counties are unknown, the department of ecology shall, by November 15, 2009:
(a) Conduct an assessment of the potential impacts, including recommendations for mitigation, and report to [the] appropriate committees of the legislature; and
(b) Establish a process for identifying and reporting on future impacts on the affected counties, and for making recommendations for mitigation.
(2) Within the framework of Columbia river basin water resources management under this chapter, the department of ecology shall:
(a) Provide technical assistance to help affected counties identify and develop competitive project applications to benefit both instream and out-of-stream uses;
(b) Assist affected counties in exploring options to ensure water resources are available for their current and future needs. Such options include pursuing a memorandum of understanding with the affected counties that is consistent with RCW 90.90.005 to effectuate the purposes of this section. The memorandum of understanding shall be available for public comment for a period of thirty days before being signed by the department; and
(c) Consider regional equity when making funding decisions on water supply applications.
(3) As used in this section, "affected counties" means those counties east of the crest of the Cascade mountains with an international border, or those counties east of the crest of the Cascade mountains that border both a county with an international border and a county with four hundred thousand or more residents.
[ 2008 c 82 § 3.]
NOTES:
Effective date—2008 c 82: See note following RCW 90.90.060.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.90 - Columbia River Basin Water Supply. › 90.90.110 - Use of certain water made available through reoperation of Sullivan lake.

RCW 90.90.110
Use of certain water made available through reoperation of Sullivan lake.
Two-thirds of the water made available through reoperation of Sullivan lake funded from the Columbia river basin water supply development account created in RCW 90.90.010 must be used to supply or offset out-of-stream uses described in RCW 90.90.020(3) in Douglas, Ferry, Lincoln, Okanogan, Pend Oreille, and Stevens counties. At least one-half of this quantity must be made available for municipal, domestic, and industrial uses.
[ 2011 c 83 § 5.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.90 - Columbia River Basin Water Supply. › 90.90.900 - Effective date—2006 c 6.

RCW 90.90.900
Effective date—2006 c 6.
This act takes effect July 1, 2006.
[ 2006 c 6 § 10.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.94 - Streamflow Restoration. › 90.94.010 - Definitions.

RCW 90.94.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of ecology.
(2) "Lead agency" has the same meaning as defined in RCW 90.82.060.
(3) "Water resource inventory area" or "WRIA" means a water resource inventory area established in chapter 173-500 WAC as it existed on January 19, 2018.
[ 2018 c 1 § 201.]
NOTES:
Intent—2018 c 1: "The legislature intends to appropriate three hundred million dollars for projects to achieve the goals of this act until June 30, 2033. The department of ecology is directed to implement a program to restore and enhance streamflows by fulfilling obligations under this act to develop and implement plans to restore streamflows to levels necessary to support robust, healthy, and sustainable salmon populations." [ 2018 c 1 § 304.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.94 - Streamflow Restoration. › 90.94.040 - Pilot projects to measure water use from all new groundwater withdrawals for domestic purposes exempt from permitting—Areas—Report to the legislature.

RCW 90.94.040
Pilot projects to measure water use from all new groundwater withdrawals for domestic purposes exempt from permitting—Areas—Report to the legislature.
(1) The department shall initiate two pilot projects to measure water use from all new groundwater withdrawals for domestic purposes exempt from permitting under RCW 90.44.050 in the areas described in this section. The pilot projects must be conducted to determine the overall feasibility of measuring water use for all new groundwater withdrawals. The department must purchase and provide meters to be used in the pilot projects. The pilot projects must be conducted in the area under the Dungeness water rule, chapter 173-518 WAC, within water resource inventory area 18 and the area in which the Kittitas county water bank program operates within water resource inventory area 39.
(2) At a minimum, the pilot project must address the following:
(a) Initial and ongoing costs, including costs to local government and the department;
(b) Technical, practical, and legal considerations that must be addressed;
(c) The costs and benefits of a water use measurement program relying on individual meters versus a water management program that estimates permit-exempt groundwater withdrawals; and
(d) Measures to protect the privacy of individual property owners and ensure accurate data collection.
(3) The department shall report on the pilot project results in the report to the legislature submitted under RCW 90.94.050. The department shall include recommendations to the legislature, including estimated program costs for expanding the pilot projects to other basins.
[ 2018 c 1 § 204.]
NOTES:
Intent—2018 c 1: See note following RCW 90.94.010.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.94 - Streamflow Restoration. › 90.94.050 - Report to the legislature—Elements.

RCW 90.94.050
Report to the legislature—Elements.
The department shall submit a report to the legislature by December 31, 2020, and December 31, 2027, in compliance with RCW 43.01.036, that includes the following elements:
(1) Progress in completing and adopting watershed plans under RCW 90.94.020 and watershed restoration and enhancement plans under RCW 90.94.030;
(2) A description of program projects and expenditures;
(3) An assessment of the streamflow restoration and enhancement benefits from program projects;
(4) A listing of other efforts or actions taken associated with streamflow restoration and enhancement, projects to benefit instream resources, and other directly related watershed improvements conducted in coordination with the restoration and enhancement planning process;
(5) The total number of new withdrawals exempt from permitting under RCW 90.44.050 authorized in each water resource inventory area under provisions of RCW 90.94.020 and 90.94.030, and estimates of consumptive water use impacts associated with the new withdrawals; and
(6) A description of potential or planned projects, including projected costs and anticipated streamflow, water supply, and watershed health benefits.
[ 2018 c 1 § 205.]
NOTES:
Intent—2018 c 1: See note following RCW 90.94.010.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.94 - Streamflow Restoration. › 90.94.060 - Watershed restoration and enhancement account.

RCW 90.94.060
Watershed restoration and enhancement account.
(1) The watershed restoration and enhancement account is created in the custody of the state treasurer. All receipts from fees paid pursuant to RCW 90.94.020 and 90.94.030 must be deposited into the account. The account may also receive those moneys as may be appropriated by the legislature for the purpose of funding restoration and enhancement projects as identified in RCW 90.94.020 and 90.94.030. Expenditures from the account may be used only for the costs of administering chapter 1, Laws of 2018, including implementing watershed planning projects under RCW 90.94.020 and watershed restoration and enhancement projects under RCW 90.94.030, and collecting data and completing studies necessary to develop, implement, and evaluate watershed restoration and enhancement projects under chapter 1, Laws of 2018. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
(2) Fee revenues collected under RCW 90.94.020 and 90.94.030 must be used exclusively within the water resource inventory area in which the fee originated. The restriction in this subsection does not apply to moneys in the watershed restoration and enhancement account that do not originate from fees collected under RCW 90.94.020 and 90.94.030.
[ 2018 c 1 § 206.]
NOTES:
Intent—2018 c 1: See note following RCW 90.94.010.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.94 - Streamflow Restoration. › 90.94.070 - Watershed restoration and enhancement taxable bond account.

RCW 90.94.070
Watershed restoration and enhancement taxable bond account.
(1) The watershed restoration and enhancement taxable bond account is created in the custody of the state treasurer. All receipts from direct appropriations from the legislature or moneys directed to the account from any other source must be deposited in the account. The account is intended to fund projects using taxable bonds. Expenditures from the account may be used only as provided for in this section. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
(2) Expenditures from the watershed restoration and enhancement taxable bond account may be used to assess, plan, and develop projects that include acquiring senior water rights, water conservation, water reuse, stream gaging, groundwater monitoring, and developing natural and constructed infrastructure, which includes, but is not limited to, projects such as floodplain restoration, off-channel storage, and aquifer recharge, or other actions designed to provide access to new water supplies with priority given to projects in watersheds developing plans as directed by RCW 90.94.020 and 90.94.030 and watersheds participating in the pilot project in RCW 90.94.040.
[ 2018 c 1 § 207.]
NOTES:
Intent—2018 c 1: See note following RCW 90.94.010.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.94 - Streamflow Restoration. › 90.94.080 - Watershed restoration and enhancement bond account.

RCW 90.94.080
Watershed restoration and enhancement bond account.
(1) The watershed restoration and enhancement bond account is created in the custody of the state treasurer. All receipts from direct appropriations from the legislature or moneys directed to the account from any other source must be deposited in the account. The account is intended to fund projects using tax exempt bonds. Expenditures from the account may be used only as provided for in this section. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
(2) Expenditures from the watershed restoration and enhancement bond account may be used to assess, plan, and develop projects that include acquiring senior water rights, water conservation, water reuse, stream gaging, groundwater monitoring, and developing natural and constructed infrastructure, which includes, but is not limited to, projects such as floodplain restoration, off-channel storage, and aquifer recharge, or other actions designed to provide access to new water supplies with priority given to projects in watersheds developing plans as directed by RCW 90.94.020 and 90.94.030 and watersheds participating in the pilot project in RCW 90.94.040.
[ 2018 c 1 § 208.]
NOTES:
Intent—2018 c 1: See note following RCW 90.94.010.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.94 - Streamflow Restoration. › 90.94.900 - Effective date—2018 c 1.

RCW 90.94.900
Effective date—2018 c 1.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [January 19, 2018].
[ 2018 c 1 § 307.]
2023 Revised Code of Washington › Title 91 - Waterways › RCW Dispositions › 91.06 REFUNDING BONDS OF COMMERCIAL WATERWAY DISTRICTS — 1923 ACT

Sections
91.06.010 Authorization.
[1923 c 38 § 1; RRS § 9776-1. Formerly RCW 91.04.580.]
Repealed by 1979 ex.s. c 30 § 20.
91.06.020 Form — Sale — Maturity.
[1923 c 38 § 2; RRS § 9776-2. Formerly RCW 91.04.590.]
Repealed by 1979 ex.s. c 30 § 20.
91.06.030 Levy and collection of assessments.
[1923 c 38 § 3; RRS § 9776-3. Formerly RCW 91.04.600.]
Repealed by 1979 ex.s. c 30 § 20.
91.06.040 Notice of levy — Record of payment.
[1923 c 38 § 4; RRS § 9776-4. Formerly RCW 91.04.610.]
Repealed by 1979 ex.s. c 30 § 20.
91.06.050 Publication of notice of levy.
[1923 c 38 § 5; RRS § 9776-5. Formerly RCW 91.04.620.]
Repealed by 1979 ex.s. c 30 § 20.
91.06.060 Payment of assessment — Installments — Interest.
[1923 c 38 § 6; RRS § 9776-6. Formerly RCW 91.04.630.]
Repealed by 1979 ex.s. c 30 § 20.
91.06.070 Payment on bonds and interest — Procedure — "Construction Warrant and Interest Fund."
[1947 c 222 § 1; 1923 c 38 § 7; Rem. Supp. 1947 § 9776-7. Formerly RCW 91.04.640.]
Repealed by 1979 ex.s. c 30 § 20.
91.06.080 Call of bonds for payment.
[1923 c 38 § 8; RRS § 9776-8. Formerly RCW 91.04.650.]
Repealed by 1979 ex.s. c 30 § 20.
91.06.090 Effect of assessment lien when sale of lands for taxes.
[1923 c 38 § 9; RRS § 9776-9. Formerly RCW 91.04.660.]
Repealed by 1979 ex.s. c 30 § 20.
91.06.100 Registry of bonds.
[1923 c 38 § 10; RRS § 9776-10. Formerly RCW 91.04.670.]
Repealed by 1979 ex.s. c 30 § 20.
2023 Revised Code of Washington › Title 91 - Waterways › RCW Dispositions › 91.07 COMMERCIAL WATERWAY DISTRICTS IN CLASS AA COUNTIES — ACQUISITION BY PORT DISTRICTS

Sections
91.07.010 Examination and determination of feasibility by port commissioners.
[1963 c 97 § 1.]
Repealed by 1979 ex.s. c 30 § 20.
91.07.020 Procedure to effect transfer — Dissolution — Limitation on use of assets — Responsibility for liabilities and obligations.
[1963 c 97 § 2.]
Repealed by 1979 ex.s. c 30 § 20.
2023 Revised Code of Washington › Title 91 - Waterways › RCW Dispositions › 91.08 PUBLIC WATERWAYS

Sections
91.08.040 Petition — Contents.
[1911 c 23 § 3, part; RRS § 9779, part.]
Now codified in RCW 91.08.030.
91.08.050 Notice of filing — Discharge of proceedings.
[1911 c 23 § 3, part; RRS § 9779, part.]
Now codified in RCW 91.08.030.
91.08.470 Bonds may be issued.
[(i) 1911 c 23 § 45; RRS § 9821. Now codified as RCW 91.08.465. (ii) 1911 c 23 § 47; RRS § 9823.]
Now codified as RCW 91.08.485.
2023 Revised Code of Washington › Title 91 - Waterways › RCW Dispositions › 91.12 CANAL COMMISSION

Sections
91.12.010 Declaration of purpose.
[1965 ex.s. c 123 § 1.]
Recodified as RCW 47.72.010 pursuant to 1977 ex.s. c 151 § 79.
91.12.020 Commission created — Composition — Officers — Terms — Vacancies — Removal.
[1965 ex.s. c 123 § 2.]
Repealed by 1977 ex.s. c 151 § 80.
91.12.030 Members' travel expenses.
[1975-'76 2nd ex.s. c 34 § 181; 1967 c 36 § 1; 1965 ex.s. c 123 § 3.]
Repealed by 1977 ex.s. c 151 § 80.
91.12.040 Commission subject to administrative procedure act.
[1965 ex.s. c 123 § 4.]
Repealed by 1977 ex.s. c 151 § 80.
91.12.050 Powers and duties.
[1977 ex.s. c 151 § 75; 1965 ex.s. c 123 § 5.]
Recodified as RCW 47.72.050 pursuant to 1977 ex.s. c 151 § 79.
91.12.060 "Canal" defined.
[1965 ex.s. c 123 § 6.]
Recodified as RCW 47.72.060 pursuant to 1977 ex.s. c 151 § 79.
2023 Revised Code of Washington › Title 91 - Waterways › RCW Dispositions › 91.14 PASSENGER WATERCRAFT FOR HIRE — OPERATION

Sections
91.14.005 Purpose.
[1986 c 217 § 1.]
Recodified as RCW 88.12.230 pursuant to 1992 c 15 § 1.
91.14.010 Definitions.
[1986 c 217 § 2.]
Recodified as RCW 88.12.240 pursuant to 1992 c 15 § 1.
91.14.020 Operation of watercraft.
[1986 c 217 § 3.]
Recodified as RCW 88.12.250 pursuant to 1992 c 15 § 1.
91.14.030 Watercraft rights-of-way.
[1986 c 217 § 4.]
Recodified as RCW 88.12.260 pursuant to 1992 c 15 § 1.
91.14.040 Operators — First aid card required — Exception.
[1986 c 217 § 5.]
Recodified as RCW 88.12.270 pursuant to 1992 c 15 § 1.
91.14.050 Safety equipment.
[1986 c 217 § 6.]
Recodified as RCW 88.12.280 pursuant to 1992 c 15 § 1.
91.14.060 Whitewater river sections — Use of alcohol prohibited — Watercraft to be accompanied by other watercraft.
[1986 c 217 § 7.]
Recodified as RCW 88.12.290 pursuant to 1992 c 15 § 1.
91.14.070 Whitewater river sections — Designation.
[1986 c 217 § 8.]
Recodified as RCW 88.12.300 pursuant to 1992 c 15 § 1.
91.14.080 Death or disappearance from watercraft — Notification of authorities.
[1986 c 217 § 9.]
Recodified as RCW 88.12.310 pursuant to 1992 c 15 § 1.
91.14.090 Registration of persons carrying passengers for hire on whitewater river sections — List of registered persons — Notice of registrants' insurance termination — State immune from civil actions arising from registration.
[1986 c 217 § 11.]
Recodified as RCW 88.12.320 pursuant to 1992 c 15 § 1.
91.14.100 Enforcement — Chapter to supplement federal law.
[1988 c 36 § 73; 1986 c 217 § 10.]
Recodified as RCW 88.12.330 pursuant to 1992 c 15 § 1.
91.14.110 Civil penalty.
[1986 c 217 § 12.]
Recodified as RCW 88.12.340 pursuant to 1992 c 15 § 1.
2023 Revised Code of Washington › Title 91 - Waterways › Chapter 91.08 - Public Waterways. › 91.08.010 - Public waterways authorized.

RCW 91.08.010
Public waterways authorized.
Whenever in any county of this state the owners of lands bordering upon or accessible to any navigable water shall desire to improve their said lands, hereinafter designated as the "district," by the construction of a new public waterway, or the deepening or enlargement of an existing public waterway, for the floatage of vessels and the drainage of swamp and overflowed lands, and the proposed improvement will increase the public revenues and be of other public benefit, they may present the plan of such proposed waterway to the board of county commissioners of such county, hereinafter designated the "board," and have the same acted upon as provided in this chapter.
[ 1911 c 23 § 1; RRS § 9777.]
2023 Revised Code of Washington › Title 91 - Waterways › Chapter 91.08 - Public Waterways. › 91.08.020 - Accessible lands defined.

RCW 91.08.020
Accessible lands defined.
Lands shall be deemed accessible to such waterway when by reason of their nearness to the same their value will be materially increased by the construction or deepening or widening of such waterway.
[ 1911 c 23 § 2; RRS § 9778.]
2023 Revised Code of Washington › Title 91 - Waterways › Chapter 91.08 - Public Waterways. › 91.08.060 - Cost bond filed with petition.

RCW 91.08.060
Cost bond filed with petition.
Said petitioners shall at the time of filing their petition with the board, file a bond executed by one or more of their number as principals, and in behalf of all, and by a surety corporation authorized to become surety upon public bonds in this state, which bond shall run to the state of Washington as obligee and be in the sum of five hundred dollars, conditioned that they will pay all costs of the proceeding in case for any reason the petition shall not be granted, or in case no fund shall thereafter be created for the payment of the expense attending said proposed waterway improvement. And said petitioners shall, from time to time as the board shall estimate and order, pay the costs and expenses of such proceeding.
[ 1911 c 23 § 4; RRS § 9780.]
2023 Revised Code of Washington › Title 91 - Waterways › Chapter 91.08 - Public Waterways. › 91.08.070 - Petition may be amended—Order for hearing—Notice—Record.

RCW 91.08.070
Petition may be amended—Order for hearing—Notice—Record.
The petition, after the filing thereof, shall be taken up and considered by the county legislative authority at the next regular or special meeting thereof, or as soon thereafter as may be convenient, and if the petition be defective in any particular it may be amended and an adjournment of the matter may be had to permit of the amendment, for a time not exceeding thirty days. If the petition be defective and be not sufficiently amended within the adjournment taken, it shall be dismissed. But if the petition is sufficient, or if by amendment it be made sufficient, it shall be the duty of the county legislative authority to enter an order setting a time for a public hearing thereon within thirty days from the date of the order, and directing the clerk of the county legislative authority to give notice of the time and place of the hearing in the official newspaper of the county by publication therein at least once each week for three successive weeks before the time of hearing. The notice shall be addressed to the owners of lands not petitioning, as shown by the petition or as may be ascertained to be the fact, and to all other persons known and unknown having or claiming an interest in the lands in the district, and shall state the pendency of the proceeding, its object, the names of the signers of the petition, the number of acres of land they claim to own, the whole number of acres proposed to be improved, the boundaries of the lands to be included in the improvement district, and the time and place of hearing. And notice shall also be given that at the time and place named, or at such time as the same may be adjourned to, the board will consider the petition under the provisions of this chapter, and will hear all objections offered by interested parties and grant or refuse the petition as it may be advised. The clerk of the board shall keep a record of all orders, hearings and proceedings of the board in reference to the waterway district in a separate bound book, designated as the record of proceedings as to such district.
[ 1985 c 469 § 96; 1911 c 23 § 5; RRS § 9781.]
2023 Revised Code of Washington › Title 91 - Waterways › Chapter 91.08 - Public Waterways. › 91.08.080 - Hearing—Findings—Order.

RCW 91.08.080
Hearing—Findings—Order.
At the time and place prescribed in the said notice any owner of land within said proposed improvement district may file with the board his or her written consent to the proposed improvement, and he or she shall then be considered as a petitioner; and if the owners of more than one half of the lands within the district, including the lands represented by the petition, shall assent to the prayer of said petition, the board shall then proceed to hear and consider any objections which may have been filed at that or any previous time, and may adjourn such hearing from day to day. If the board after full hearing on the merits of the proposed waterway shall be satisfied that the same will be of benefit to the public interests, and that private benefit will result to the lands within the district sufficient to equal the cost of the proposed improvement, they may make findings accordingly and declare their intention to establish the waterway district under the name of the ". . . . . . Waterway District" and make the improvement as prayed for; but if the owners of less than one half of the lands in the district shall assent to the creation thereof and the making of the proposed improvement, the board shall deny the petition and the proceeding shall be dismissed.
[ 2013 c 23 § 616; 1911 c 23 § 6; RRS § 9782.]
2023 Revised Code of Washington › Title 91 - Waterways › Chapter 91.08 - Public Waterways. › 91.08.090 - Board's powers and duties—In general—County immune from expense.

RCW 91.08.090
Board's powers and duties—In general—County immune from expense.
Upon the entry of an order creating such waterway district by the board, it shall have power to perform all the duties and exercise all of the authority conferred upon it by this chapter, and shall have the right to sue and be sued in all matters pertaining to such district as the representative thereof, in the same manner and to the same extent as in all other county affairs. But such district shall bear all the expenses of such action on the part of the board, and the county shall be at no expense or charge therefor.
[ 1911 c 23 § 7; RRS § 9783.]
2023 Revised Code of Washington › Title 91 - Waterways › Chapter 91.08 - Public Waterways. › 91.08.100 - Board's powers and duties—Right of eminent domain.

RCW 91.08.100
Board's powers and duties—Right of eminent domain.
Said board shall have the right of eminent domain for the acquisition of lands necessary to the construction or widening of the proposed waterway, and may cause all necessary lands to be condemned and appropriated or damaged for the use of said waterway, and make just compensation therefor. The private property of the state, the county, and other public or quasi-public corporations (except incorporated cities and towns), and of private corporations, shall be subject to the same rights of eminent domain at the suit of said board as the property of private individuals.
[ 1911 c 23 § 8; RRS § 9784.]
2023 Revised Code of Washington › Title 91 - Waterways › Chapter 91.08 - Public Waterways. › 91.08.110 - Bridging part of cost.

RCW 91.08.110
Bridging part of cost.
Whenever in aid of the construction or widening of any such waterway it shall be necessary to cross or disturb any existing public highway or railroad, the cost of bridging the waterway or otherwise substantially continuing the highway or railroad may be ascertained and paid as a part of the cost of the improvement if such cost is not otherwise provided for.
[ 1911 c 23 § 9; RRS § 9785.]
2023 Revised Code of Washington › Title 91 - Waterways › Chapter 91.08 - Public Waterways. › 91.08.120 - Eminent domain—Order to acquire or condemn property.

RCW 91.08.120
Eminent domain—Order to acquire or condemn property.
Whenever the said board shall desire to condemn and acquire land, or damage lands or property for any purpose authorized by this chapter, said board shall make an order therefor wherein it shall be provided that such land or damages shall be paid for wholly by special assessment upon the property within said waterway district, and the proceeding thereafter shall be as herein specified.
[ 1911 c 23 § 10; RRS § 9786.]
2023 Revised Code of Washington › Title 91 - Waterways › Chapter 91.08 - Public Waterways. › 91.08.130 - Eminent domain—Petition to condemn.

RCW 91.08.130
Eminent domain—Petition to condemn.
The board shall file a petition, verified by its chair and signed by the prosecuting attorney, in the superior court of the county, praying that the property described may be taken or damaged for the purpose specified and that compensation therefor be ascertained by a jury or by the court in case a jury be waived. Such petition shall allege the creation of the waterway district and contain a copy of the order directing the proceeding, a reasonably accurate description of the lots or parcels of land or other property which will be taken or damaged, and the names of the owners and occupants of said lands and of said persons having any interest therein so far as known to the said board, or as appears from the records in the office of the county auditor.
[ 2013 c 23 § 617; 1911 c 23 § 11; RRS § 9787.]
2023 Revised Code of Washington › Title 91 - Waterways › Chapter 91.08 - Public Waterways. › 91.08.140 - Eminent domain—Summons.

RCW 91.08.140
Eminent domain—Summons.
Upon the filing of the petition aforesaid a summons returnable as summons in other civil actions, shall be issued and served upon the persons made parties defendant, together with a copy of the petition, as in other civil actions; and in case any of the defendants are unknown or reside out of the state, a summons for publication shall issue and publication be made and return and proof thereof be made in the same manner as is or shall be provided by the laws of the state for service upon nonresident or unknown defendants in other civil actions. Notice so given by publication shall be sufficient to authorize the court to hear and determine the suit as though all parties had been sued by their proper names and had been personally served.
[ 1911 c 23 § 12; RRS § 9788.]
NOTES:
Civil procedure—Commencement of actions: Chapter 4.28 RCW.
2023 Revised Code of Washington › Title 91 - Waterways › Chapter 91.08 - Public Waterways. › 91.08.150 - Eminent domain—Service in case of public lands—Legal counsel.

RCW 91.08.150
Eminent domain—Service in case of public lands—Legal counsel.
In case the land or other property sought to be taken or damaged is state land, the summons and copy of petition shall be served upon the commissioner of public lands; if it is county land it shall be served upon the county auditor, and if school land, upon the county auditor and the chair of the board of directors of the school district. Service upon other parties defendant, public or private, shall be made in the same manner as is or shall be provided by law for service of summons in other civil actions. If the state is made a defendant the attorney general shall represent it. If the county is a defendant the court shall appoint an attorney to represent it at all stages of the proceedings, and may allow him or her compensation for his or her services as costs of the proceeding.
[ 2013 c 23 § 618; 1911 c 23 § 13; RRS § 9789.]
NOTES:
Civil procedure—Commencement of actions: Chapter 4.28 RCW.
Department of natural resources to exercise powers and duties—Indemnification of private parties: RCW 43.30.411.
Eminent domain where state land is involved: RCW 8.28.010.
Public lands treated as private lands: RCW 91.08.570.
2023 Revised Code of Washington › Title 91 - Waterways › Chapter 91.08 - Public Waterways. › 91.08.160 - Eminent domain—Finding of public use—Jury—Dismissal.

RCW 91.08.160
Eminent domain—Finding of public use—Jury—Dismissal.
Upon the return of said summons, or as soon thereafter as the business of the court will permit, the said court shall proceed to the hearing of such petition and shall adjudicate whether the proposed condemnation is for a public use, and if its judgment is that the proposed use is public, it shall empanel a jury to ascertain the just compensation to be paid for the lands or property taken or damaged, unless a jury be waived; but if any defendant or party in interest shall demand, and the court shall deem it proper, separate juries may be empaneled as to the separate compensation or damages to be paid to any one or more of such defendants or parties in interest. Should the court determine that the proposed use is not public, it shall dismiss the proceeding.
[ 1911 c 23 § 14; RRS § 9790.]
2023 Revised Code of Washington › Title 91 - Waterways › Chapter 91.08 - Public Waterways. › 91.08.170 - Eminent domain—New parties may be admitted.

RCW 91.08.170
Eminent domain—New parties may be admitted.
The jury or court shall also ascertain the just compensation to be paid to any person found to have an interest in any lot or parcel of land or property which may be taken or damaged for such improvement, whether or not such person's name or such lot or parcel of land or other property is mentioned or described in said petition: PROVIDED, That such person shall first be admitted as a party defendant to such suit by such court and shall file a statement of his or her interest in, and a description of, the lot or parcel of land or other property in respect to which he or she claims compensation.
[ 2013 c 23 § 619; 1911 c 23 § 15; RRS § 9791.]
NOTES:
Procedure after findings: RCW 91.08.210.
Substitute defendant: RCW 91.08.220.
2023 Revised Code of Washington › Title 91 - Waterways › Chapter 91.08 - Public Waterways. › 91.08.180 - Eminent domain—Jury may view property.

RCW 91.08.180
Eminent domain—Jury may view property.
The court may upon motion of the petitioners, or of any defendant, direct that the jury under the charge of an officer of the court and accompanied by such person or persons as may be appointed by the court to point out the property sought to be taken or damaged, shall view the lands or property taken or damaged for the proposed improvement.
[ 1911 c 23 § 16; RRS § 9792.]
2023 Revised Code of Washington › Title 91 - Waterways › Chapter 91.08 - Public Waterways. › 91.08.190 - Eminent domain—Measure of damage to buildings.

RCW 91.08.190
Eminent domain—Measure of damage to buildings.
If there be any building standing in whole or in part upon any land to be taken, the jury or court shall add to the finding of the value of the land taken, the value or damage to such building as the case may require. If the entire building is taken, or if it is damaged so that it cannot be readjusted to premises of the owner, then the measure of damages shall include the fair market value of the building. If part of the building is taken, or it is damaged but can be readjusted or replaced on premises of the owner, then the measure of damages shall be the cost of readjusting or moving the building or part thereof left, together with the depreciation in the market value of said building by reason of said readjustment or moving.
[ 1911 c 23 § 17; RRS § 9793.]
2023 Revised Code of Washington › Title 91 - Waterways › Chapter 91.08 - Public Waterways. › 91.08.200 - Eminent domain—Findings as interests appear—Interpleader.

RCW 91.08.200
Eminent domain—Findings as interests appear—Interpleader.
If the land and buildings belong to different parties, or if the title to the property be divided into different interests by lease or otherwise, the damage done to each of such parties or interests may be separately found by the jury or court on the written request of any party. And in making such findings the jury or court shall first find and set forth the total amount of the damage to said lands and buildings and all premises therein, estimating the same as an entire estate and as if the same were the sole property of one owner in fee simple; and they shall then apportion the damages so found among the several parties entitled to the same in proportion to their several interests and claims. But no delay in ascertaining the amount of compensation shall be occasioned by any doubt or contest which may arise as to the ownership of the property or any part thereof, or as to the extent of the interest of any defendant in the property to be taken or damaged, but in such case the jury or court shall ascertain the entire compensation or damage that should be paid for the property and the court may thereafter require adverse claimants to interplead so as to fully determine their rights and interests in the compensation so ascertained, and may make such order as may be necessary in regard to the deposit or payment of such compensation and the division thereof.
[ 1911 c 23 § 18; RRS § 9794.]
2023 Revised Code of Washington › Title 91 - Waterways › Chapter 91.08 - Public Waterways. › 91.08.210 - Eminent domain—Procedure after findings.

RCW 91.08.210
Eminent domain—Procedure after findings.
Upon the filing of the findings of the jury or court, the proceedings of the court regarding new trial and the entry of judgment thereon, shall be the same as in other civil actions, and the judgment shall be such as the nature of the case may require. The final judgment of the court shall be that the lands and property taken and damaged shall, upon payment of the sums awarded, vest in the county as and for a public waterway. The court shall continue or adjourn the case from time to time as to all defendants named in such petition who shall not have been served with process or brought in by publication, and new summons may issue or new publication be made at any time, and upon such defendants being brought in the court may empanel a jury to ascertain the compensation so to be made to such defendants for property taken or damaged, or may proceed without a jury if none be demanded, and like proceedings shall be had for such purpose as are herein provided.
[ 1911 c 23 § 19; RRS § 9795.]
NOTES:
Civil procedure
judgments: Chapters 4.56 through 4.64, 4.72 RCW.
new parties may be admitted: RCW 91.08.170.
new trials: Chapter 4.76 RCW.
2023 Revised Code of Washington › Title 91 - Waterways › Chapter 91.08 - Public Waterways. › 91.08.220 - Eminent domain—Substitution of new owner as defendant.

RCW 91.08.220
Eminent domain—Substitution of new owner as defendant.
The court shall have power at any time, upon proof that any defendant who has not been served with process has ceased to be an owner since the filing of such petition, to substitute the new owner as a defendant, and after due service of the summons and petition upon him or her proceed as though he or she had been a party in the first instance; and the court may upon any finding of the jury, or at any time during the course of the proceedings, enter every such order, rule, judgment, or decree as the nature of the case may require.
[ 2013 c 23 § 620; 1911 c 23 § 20; RRS § 9796.]
NOTES:
New parties may be admitted: RCW 91.08.170.
Procedure after findings: RCW 91.08.210.
2023 Revised Code of Washington › Title 91 - Waterways › Chapter 91.08 - Public Waterways. › 91.08.230 - Eminent domain—Guardian ad litem.

RCW 91.08.230
Eminent domain—Guardian ad litem.
When it shall appear from said petition or otherwise, at any time during the proceedings upon such petition, that any infant, insane or distracted person is interested in any property that is to be taken or damaged, the court shall appoint a guardian ad litem for such infant or insane or distracted person to appear and defend for him, her or them; and the court shall make such order or decree as it shall deem proper to protect and secure the interest of such infant or insane or distracted person in such property, or the compensation which shall be awarded therefor.
[ 1911 c 23 § 21; RRS § 9797.]
2023 Revised Code of Washington › Title 91 - Waterways › Chapter 91.08 - Public Waterways. › 91.08.240 - Eminent domain—Damage irrespective of benefits.

RCW 91.08.240
Eminent domain—Damage irrespective of benefits.
The compensation to be ascertained by the jury or court shall be irrespective of any benefit from the improvement proposed, and the finding shall state separately the value of land taken from any tract and the damage, if any, to remaining land by reason of the severance.
[ 1911 c 23 § 22; RRS § 9798.]
2023 Revised Code of Washington › Title 91 - Waterways › Chapter 91.08 - Public Waterways. › 91.08.250 - Eminent domain—Finality of judgment—Appellate review—Waiver of review.

RCW 91.08.250
Eminent domain—Finality of judgment—Appellate review—Waiver of review.
Any final judgment rendered by said court upon the findings of the court or a jury, shall be the lawful and sufficient condemnation of the land or property to be taken, or of the right to damage the same in the manner proposed, upon the payment of the amount of such findings and all costs which shall be taxed as in other civil cases: PROVIDED, That in case any defendant recovers no award, no costs shall be taxed. Such judgment shall be final and conclusive as to the damages caused by such improvement, unless appellate review is sought, and no review shall delay proceedings under the order of said board if it shall pay into court for the owners and parties interested, as directed by the court, the amount of the judgment and costs; but such board after making such payment into court shall be liable to such owner or owners, or parties interested, for the payment of any further compensation which may at any time be finally awarded to such parties seeking review in said proceeding, and his or her costs, and shall pay the same on the rendition of judgment therefor and abide any rule or order of the court in relation to the matter in controversy. In case of review by the supreme court or the court of appeals of the state, the money so paid into the superior court by the board, as aforesaid, shall remain in the custody of said superior court until the final determination of the proceedings. If the owner of the land, real estate, premises, or other property, accepts the sum awarded by the jury or the court, he or she shall be deemed thereby to have waived conclusively appellate review and final judgment may be rendered in the superior court as in other cases.
[ 2013 c 23 § 621; 1988 c 202 § 94; 1971 c 81 § 180; 1911 c 23 § 23; RRS § 9799.]
NOTES:
Rules of court: Cf. RAP 2.5(b).
Severability—1988 c 202: See note following RCW 2.24.050.
Appellate review: RCW 91.08.580.
Civil procedure—Costs: Chapter 4.84 RCW.
2023 Revised Code of Washington › Title 91 - Waterways › Chapter 91.08 - Public Waterways. › 91.08.260 - Eminent domain—Decree of appropriation.

RCW 91.08.260
Eminent domain—Decree of appropriation.
The court upon proof that the judgment, together with costs, has been paid to the person entitled thereto, or has been paid into court, shall enter an order that the board shall have the right at any time thereafter to take possession of or damage the property in respect to which such compensation shall have been so made or paid into court as aforesaid, and thereupon the title to any property so taken shall be vested in fee simple in the public as a water highway.
[ 1911 c 23 § 24; RRS § 9800.]
2023 Revised Code of Washington › Title 91 - Waterways › Chapter 91.08 - Public Waterways. › 91.08.270 - Assessment procedure—Petition—Assessment commissioners.

RCW 91.08.270
Assessment procedure—Petition—Assessment commissioners.
Said board shall, upon the entry of the condemnation judgment, file in the same proceeding a supplementary petition, praying the court that an assessment be made upon the lands in the district for the purpose of raising an amount necessary to pay the compensation and damages awarded for the property taken or damaged, with costs of the proceedings, and for the estimated cost of the proposed improvement; and the court shall thereupon appoint three competent disinterested persons as commissioners to make such assessment. Said commissioners shall include in such assessment the compensation and damages awarded for the property taken or damaged, with legal interest from the date of entry of the judgment, and with all costs and expenses of the proceedings incurred to the time of their appointment, or to the time when said proceedings was referred to them, together with the probable further costs and expenses of the proceeding, including therein the estimated cost of making and collecting such assessment. The petitioners for the improvement shall be entitled to have included in the costs of the proceeding, and repaid to them, such reasonable sums as they may have expended in preparing the maps and plans of the improvement and procuring the names of landowners for filing with the petition. Such expenditures to be approved and allowed by the court.
[ 1911 c 23 § 25; RRS § 9801.]
NOTES:
Invalidity of assessments—Reassessment: RCW 91.08.520.
Public lands treated as private lands—Assessment of: RCW 91.08.575.