reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.28 - Private Ditches and Drains. › 85.28.090 - Trial—Findings or verdict—Decree—Time for payment of award.

RCW 85.28.090
Trial—Findings or verdict—Decree—Time for payment of award.
Upon the expiration of the time within which exceptions may be filed to the report of the viewers aforesaid, the court shall set a day upon which the petition and the report of the viewers shall be heard and considered by the court. In case exceptions have been filed by any party or parties, which exceptions must have been served upon the petitioner or petitioners prior to the hearing, the court shall hear evidence in regard thereto, and without a jury, pass upon the questions of the necessity for said ditch and the location thereof. If the court finds that such ditch is necessary, and the route selected is the best and most practicable, and that the compensation allowed by the viewers is just and reasonable, then the court shall file his or her findings to this effect and cause an order to be entered approving the petition and report of the viewers. If, within twenty days from the filing of the findings of facts aforesaid, the petitioner or petitioners shall pay into court all the costs and sums awarded to the owner or owners of the land over which said ditch shall pass, a decree shall be entered establishing the same: PROVIDED, If any party shall except to the amount of damages found by the viewers, then the amount of such damages shall be tried by jury, unless a jury trial be waived by the parties, in which case trial thereof may be had by the court. Such trial shall be at a regular term of said court, at which a jury shall be present, and shall be conducted and verdict rendered in the same manner as in civil actions: PROVIDED FURTHER, That it shall not be incumbent on the petitioner to pay into court the amount of the award or awards of said jury, until within twenty days after said verdict shall have been rendered and entered.
[ 2013 c 23 § 444; 1899 c 125 § 8; RRS § 4401.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.28 - Private Ditches and Drains. › 85.28.100 - Appeal.

RCW 85.28.100
Appeal.
No appeal shall be taken from the finding of the court as to the necessity of such ditch or as to the route thereof until after final judgment or decree is entered: PROVIDED, That exceptions shall be taken and allowed to such orders at the time that they are made, and appeal from such orders and from the award of damages shall be taken at the same time. All the provisions of the law in regard to appeals in civil actions shall apply to the proceedings provided for in this chapter.
[ 1899 c 125 § 9; RRS § 4402.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.28 - Private Ditches and Drains. › 85.28.110 - Compensation of viewers—Costs.

RCW 85.28.110
Compensation of viewers—Costs.
The viewers appointed under the provisions of this chapter shall receive the sum of two dollars per day for their services, and the *county surveyor shall receive such compensation as is allowed by law for like services, the same to be taxed as costs and paid by the petitioner. All other costs shall be the same as in civil actions in the superior court.
[ 1899 c 125 § 10; RRS § 4403.]
NOTES:
*Reviser's note: "county surveyor," see note following RCW 85.28.040.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.28 - Private Ditches and Drains. › 85.28.120 - New viewers may be appointed if report not adopted.

RCW 85.28.120
New viewers may be appointed if report not adopted.
In case the court should not for any reason adopt the report of the viewers, or the same should be deemed insufficient for any reason, the court may appoint other viewers whose duties shall be the same as the duties of the viewers first appointed.
[ 1899 c 125 § 11; RRS § 4404.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.28 - Private Ditches and Drains. › 85.28.130 - Drainage of tide or marsh lands—Division of cost between contiguous tracts.

RCW 85.28.130
Drainage of tide or marsh lands—Division of cost between contiguous tracts.
Persons owning or desiring to improve contiguous tracts of tide marsh or swampy lands exposed to the overflow of the tide and capable of being made dry, may separate their respective tracts by a dike or ditch, which shall make and designate their common boundary. In all such cases said dike or ditch shall be constructed at the equal cost and expense of the respective parties, and either party failing to pay his or her contributive share of such expense shall be liable to the party constructing the dike or ditch for such contributive share, or so much thereof as may remain due and unpaid, to be recovered in a civil action in a court of competent jurisdiction and the party constructing such dike shall also be entitled to a lien upon the tract of the party failing to pay his or her contributive share for the construction of said dike, or so much thereof as shall be due, which lien shall be secured and enforced as liens of material suppliers and mechanics are now by law enforced.
[ 2007 c 218 § 95; Code 1881 § 2517; No RRS. Prior: 1877 p 258 § 1.]
NOTES:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.28 - Private Ditches and Drains. › 85.28.140 - Dike or ditch as common boundary—Division of costs.

RCW 85.28.140
Dike or ditch as common boundary—Division of costs.
Any person or persons who may hereafter take a tract of tide land or marsh and shall desire to adopt as his or her boundary line any dike or ditch heretofore constructed upon and entirely within the boundary line of a neighboring contiguous tract he or she may join on to said tract and adopt said dike as his or her boundary by paying to the owner of the tract upon which said dike is constructed one-half of the cost and expense of the construction thereof, and any person so adopting the dike or ditch of another without contributing his or her half share of the cost or expense thereof shall be liable for his or her said half share, which may be recovered in a civil action in any court of competent jurisdiction, or the owner of the dike or ditch so used may secure a lien upon the tract of land bounded by said dike for the amount due for the use of said dike in accordance with the provisions of the law securing a lien to material suppliers and mechanics: PROVIDED ALWAYS, That when such dike has become the common boundary of two adjacent tracts, it shall be and remain the common boundary and the persons owning the said tracts shall be mutually liable for the expense of keeping it in repair, share and share alike.
[ 2007 c 218 § 96; Code 1881 § 2518; No RRS. Prior: 1877 p 258 § 2.]
NOTES:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.28 - Private Ditches and Drains. › 85.28.150 - Dike, dam, or causeway at Bachelor Slough.

RCW 85.28.150
Dike, dam, or causeway at Bachelor Slough.
It shall be lawful for any adjacent or abutting owner or owners, to construct a dike, dam, or causeway over or in the waters of the state of Washington described as: That certain body of water lying between Bachelor Island and the mainland, appearing on the state survey map made by Edw. C. Dohm, state field engineer, as Columbia Slough and designated on the map as compiled by the U.S. Coast and Geodetic Survey of September, 1937, Number "U.S.C.&G.S. 6154" as Bachelor Island Slough from its point of confluence with Lake River South to the Columbia River, in sections 13, 23, 24, 26 and 35, township 4 north, range 1 west of the Willamette Meridian, in Clark county, Washington: PROVIDED, That the location and plans thereto are submitted to and approved by the chief of engineers of the United States and the secretary of war of the United States, before construction is commenced subject to the terms of section 9 of the River & Harbor Act, approved March 3, 1899 (30 Stat. 1151; 33 U.S.C. 401) and: PROVIDED FURTHER, That all such dikes, dams, causeways, or other structures, shall be constructed at the expense of the owners.
[ 1947 c 276 § 1; No RRS.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.32 - Drainage District Revenue Act of 1961. › 85.32.010 - Declaration of necessity and purpose.

RCW 85.32.010
Declaration of necessity and purpose.
The maintenance of drainage districts is essential to the economy of the state. The influx of population and changes in land use since many such districts were formed, has made obsolete and unjust the method used under existing law to provide funds for the operation of such districts and for the maintenance and expansion of its drainage systems. Also, in many instances, properties lying outside of the territorial limits of such districts, have been and are being developed in such a manner that waters therefrom, through artificial rather than natural processes, are accumulated and discharged for outlet upon lands within such districts, and the facilities of such district are used without charge to furnish service and benefit to such lands. To furnish remedy for such situations where they are found to exist the state declares that it has an interest therein and this chapter is passed.
[ 1961 c 131 § 2.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.32 - Drainage District Revenue Act of 1961. › 85.32.020 - Definitions.

RCW 85.32.020
Definitions.
As used in this chapter:
"District" means a regularly formed and established drainage district under the provisions of this title.
"Board" means the board of commissioners of a regularly formed and established drainage district under the provisions of this title.
[ 1961 c 131 § 3.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.32 - Drainage District Revenue Act of 1961. › 85.32.030 - Powers of board in general.

RCW 85.32.030
Powers of board in general.
The board may: (1) Make initial determination that the district's facilities furnish benefit to improvements upon land as well as land alone within the district in protecting against and furnishing runoff for surface and/or flood waters; (2) make initial determination that lands and improvements thereon outside of the territorial limits of the district are receiving a service from the facilities of the district, and are benefited thereby in that waters from such lands through ditches, drains, or other artificial methods, other than by natural flow or seepage, are so cast as to have outlet through the district's facilities; (3) determine that properties so found to be served should pay a just proportion of the operational and maintenance costs of the district; (4) in connection with so finding, cause a roll of property thus served and benefited by the district's facilities to be prepared and filed with it, and give notice of a hearing thereon as provided in this chapter; (5) hold public hearings to determine the ultimate facts and approve an ultimate roll of properties served and benefited by the facilities of the district and valuations thereof to serve as a basis against which annual dollar rate levy may be assessed for continuous benefits furnished such properties; make revision thereof as the facts warrant from time to time; provide for the levying of such dollar rate levy; and make return of such roll finally adopted by certifying and filing a copy thereof with the auditor, assessor and treasurer of the county wherein the properties involved are located.
[ 1973 1st ex.s. c 195 § 120; 1961 c 131 § 4.]
NOTES:
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.32 - Drainage District Revenue Act of 1961. › 85.32.040 - Initial determination—Roll—Resolution, contents.

RCW 85.32.040
Initial determination—Roll—Resolution, contents.
In the initial instance, when the board of any district, desires to use the method and procedure provided in this chapter, and in order that uniformity may be had, it may cause a roll of all properties within the district claimed to be benefited by its drainage system, and in addition or as a part thereof, a roll of all properties outside of the territorial limits of said district claimed to be served and benefited by the drainage systems of said district, to be prepared and filed with it. Thereupon, the board shall by resolution declare:
(1) That it has made initial determination that the district's facilities are furnishing and will furnish service and benefit to the properties, including improvements thereon, described in such roll;
(2) That such roll has been filed with it and will remain so filed and open to inspection by any party interested therein at all reasonable times;
(3) That a public hearing will be held by the board at a time and place stated to give consideration to the facts and make ultimate determination of the same and to said roll;
(4) That when said roll is finally adopted, annual dollar rate levies will be made by the district against said properties based upon the valuation thereof as shown on said roll when ultimately adopted to raise money based on benefit and service for the continuous operation and maintenance of said district;
(5) That at the time of hearing, it will hear all objections filed and will review, adopt, modify, or revise said roll consistent with existing facts to the end that property receiving service and benefit from the facilities of the district shall pay justly and equitably therefor in proportion to benefit received and;
(6) That upon said hearing or adjournments thereof, the board will determine the ultimate facts concerning service and benefit received by all properties ultimately contained in said roll and as to such properties it will adopt the roll in final form and proceed as in this chapter provided.
[ 1973 1st ex.s. c 195 § 121; 1961 c 131 § 5.]
NOTES:
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.32 - Drainage District Revenue Act of 1961. › 85.32.050 - Contents of roll—Assessed, equalized value prima facie correct—Separate levies for prior indebtedness—Adjustment of roll.

RCW 85.32.050
Contents of roll—Assessed, equalized value prima facie correct—Separate levies for prior indebtedness—Adjustment of roll.
The roll of properties referred to in this chapter shall contain (1) a description of all properties and improvements thereon, with the name of the owner or the reputed owner thereof and his or her address as shown on the tax rolls of the assessor or treasurer of the county wherein the property is located, and (2) the determined value of such land and improvements thereon as last assessed and equalized by the taxing agencies of such county. Such assessed and equalized values shall be deemed prima facie as a just, fair, and correct base of value for consideration by the board in its determination ultimately of the just and correct base of value in each instance against which annual dollar rates shall be levied by the district for the operation of the district and the expansion and maintenance of its facilities.
If property outside of the territorial limits of the district are upon the roll as adopted ultimately, and the district has prior indebtedness existing, the board shall set up separate dollar rate levies for the retirement thereof until it is extinguished, which levies shall be applied solely against the properties within the territorial limits of the district. Adjustments of the roll shall be made before final adoption in such a manner that the money raised through annual dollar rate levies for maintenance, expansion, and operational costs of the district in no instance shall exceed the value of the service rendered or to be rendered and the benefit received and to be received by the property involved.
[ 2013 c 23 § 445; 1973 1st ex.s. c 195 § 122; 1961 c 131 § 6.]
NOTES:
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.32 - Drainage District Revenue Act of 1961. › 85.32.070 - Written objections—Filing—Grounds—Waiver.

RCW 85.32.070
Written objections—Filing—Grounds—Waiver.
Any person, owner or reputed owner having any interest in any property against which the board seeks to make a service and benefit charge under this chapter, may object thereto. All such objections must be in writing and filed with the board before the hearing is commenced upon the roll containing such properties and must state clearly the grounds of such objection. Objections not made within this time and in this manner shall be deemed conclusively to have been waived.
[ 1961 c 131 § 8.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.32 - Drainage District Revenue Act of 1961. › 85.32.080 - Additional roll due to omitted property or changed conditions.

RCW 85.32.080
Additional roll due to omitted property or changed conditions.
The board shall from time to time examine the properties within and without said district, and if it finds tentatively that property, including improvements thereon, has been omitted from the existing roll, or conditions have changed so that there are new properties or additional properties receiving benefit and service from the facilities of the district without charge, it shall cause from time to time an additional roll of such property to be filed with it and shall proceed in the same manner as provided in this chapter where the board causes property roll to be filed with it.
[ 1961 c 131 § 9.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.32 - Drainage District Revenue Act of 1961. › 85.32.090 - Certification and filing of roll—Additional, supplemental roll supplements original.

RCW 85.32.090
Certification and filing of roll—Additional, supplemental roll supplements original.
When any roll or additional or supplemental roll is adopted by the board, a copy thereof shall be certified to and filed with the auditor, the assessor and the treasurer of the county wherein the property contained on said roll is situated. Where the roll is a supplemental or additional roll, it shall supplement the original roll.
[ 1961 c 131 § 10.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.32 - Drainage District Revenue Act of 1961. › 85.32.100 - Reexamination of properties—Supplemental roll—Certification and filing.

RCW 85.32.100
Reexamination of properties—Supplemental roll—Certification and filing.
The board may at any time reexamine the properties on any roll, and upon request of an owner shall do so, and if it is found that the condition of such property or properties has changed so that justly such property should be eliminated from any rolls on file, or the base against which dollar rate is levied should be lowered, it shall so determine and make a supplemental roll with reference to such property or properties. When adopted by it, the board shall certify and file a copy thereof with the auditor, assessor and treasurer of the county wherein the property is situated, and such officer shall alter and change the existing rolls accordingly.
[ 1973 1st ex.s. c 195 § 124; 1961 c 131 § 11.]
NOTES:
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.32 - Drainage District Revenue Act of 1961. › 85.32.110 - Roll is base for benefits against which levy made.

RCW 85.32.110
Roll is base for benefits against which levy made.
The roll certified to the county officers as in this chapter provided, and any modification thereof as provided, shall serve as the base of benefits as to land, buildings and improvements furnished service and benefit by the systems of the district against which valuations dollar rates shall be levied and collected in the same manner as general taxes from time to time for the continuing functioning of the district and its systems. The dollar rate shall be levied in the manner required by law for dollar rate levies by drainage districts.
[ 1973 1st ex.s. c 195 § 125; 1961 c 131 § 12.]
NOTES:
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.32 - Drainage District Revenue Act of 1961. › 85.32.120 - Levy for outstanding indebtedness.

RCW 85.32.120
Levy for outstanding indebtedness.
If any property outside of the territorial limits of the district is placed upon a roll as finally adopted, and at the time such property becomes subject to charge for service and benefit from the district's system, there is an existing outstanding indebtedness owing by the district, the board shall make a separate estimate of the revenue required to be raised to pay or apply upon such indebtedness until it is extinguished, and it shall proceed and certify the same as hereinabove provided, and no dollar rate for raising revenue to extinguish such indebtedness shall be included in the levies made against any properties lying outside of the territorial limits of said district.
When thus levied, the amount of assessment produced thereby shall be added by the general taxing authorities to the general taxes against said lands and collected therewith as a part thereof. If unpaid, any delinquencies in such assessments shall bear interest at the same rate and in the same manner as general taxes and they shall be included in and be made a part of any general tax foreclosure proceedings according to the provisions of law with relation to such foreclosures. As assessment collections are made, the county treasurer shall credit same to the funds of such district.
[ 1973 1st ex.s. c 195 § 126; 1961 c 131 § 13.]
NOTES:
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.32 - Drainage District Revenue Act of 1961. › 85.32.130 - Emergency warrants in excess of estimates.

RCW 85.32.130
Emergency warrants in excess of estimates.
In the case of an emergency or disaster not in contemplation at the time of making the annual estimate of costs and declared to be such by resolution of the board, the board may incur additional obligations and issue valid warrants therefor in excess of such estimate in the manner provided by law for issuance of warrants by drainage districts and the servicing thereof, and all such warrants so issued shall be valid as shown upon the then current roll of said district filed with the county auditor.
[ 1961 c 131 § 14.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.32 - Drainage District Revenue Act of 1961. › 85.32.140 - Chapter exclusive method—Concurrent use of other method to extinguish prior indebtedness—Special assessment bonds.

RCW 85.32.140
Chapter exclusive method—Concurrent use of other method to extinguish prior indebtedness—Special assessment bonds.
Any district choosing to operate under this chapter shall not use the processes provided for raising revenue under any other law: PROVIDED, That if for any reason it is deemed more just and advisable by the board, any such other method or process for raising revenue as provided by law may be used concurrently against properties solely within the territorial limits of the district for the sole purpose of extinguishing indebtedness incurred before the district adopts the procedure of this chapter, in which event no funds raised under this chapter shall be used to pay such prior indebtedness. However, when a drainage district issues special assessment bonds or notes after June 1, 1986, the process of raising revenue related to the bonds or notes shall be as specified in chapter 85.38 RCW.
[ 1986 c 278 § 39; 1961 c 131 § 15.]
NOTES:
Severability—1986 c 278: See note following RCW 36.01.010.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.32 - Drainage District Revenue Act of 1961. › 85.32.150 - Owners of extraterritorial lands on roll are electors and may be commissioners—Corporations.

RCW 85.32.150
Owners of extraterritorial lands on roll are electors and may be commissioners—Corporations.
Whenever lands, or lands with improvements thereon, lying outside of the existing territorial limits of such district are ultimately placed upon the assessment roll of such district in the manner provided by this chapter so that such lands are subject to maintenance benefits as provided, the owner of such land shall be deemed to be an elector within such district, and shall have the same right to participate in all district affairs and to vote upon all matters submitted to the electors of said district, including that of electing or becoming commissioners for the district, all in the manner provided for voting and elections under existing law pertaining to drainage districts. If such owner is a corporation, one of its duly constituted officers shall be deemed to have the right as an elector to vote on behalf of such corporation.
[ 1961 c 131 § 16.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.32 - Drainage District Revenue Act of 1961. › 85.32.160 - Roll proceedings are conclusive—Injunction upon limited grounds.

RCW 85.32.160
Roll proceedings are conclusive—Injunction upon limited grounds.
Whenever any roll shall have been adopted by the board, the regularity, validity and correctness of the proceedings relating thereto shall be conclusive upon all parties and cannot in any manner be contested or questioned in any proceeding whatsoever by any person not filing written objections to such roll as provided in RCW 85.18.050 and appealing from the action of the board in confirming such roll in the manner and within the time in this chapter provided. No proceeding of any kind, except proceedings had through the process of appeal as in this chapter provided, shall be commenced or prosecuted or may be maintained for the purpose of defeating or contesting any assessment or charge made through levies under this chapter, or the sale of any property to pay such charges: PROVIDED, That a suit in injunction may be brought to prevent collection of charges or assessments or sale of property thereunder upon the following grounds and no other: (1) That the property charged or about to be sold does not appear upon the district roll filed with the county auditor, or (2) the charge or assessment has been paid.
[ 1961 c 131 § 17.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.32 - Drainage District Revenue Act of 1961. › 85.32.170 - Judicial review—Petition to superior court.

RCW 85.32.170
Judicial review—Petition to superior court.
The decision of the board upon any objection made within the time and in the manner prescribed in this chapter may be reviewed by the superior court of the county wherein the property in question is located. Any person aggrieved must file his or her petition for writ of review with the clerk of the superior court wherein the property is located within ten days after the roll affecting such aggrieved party was adopted by resolution, and he or she shall serve a copy thereof upon the board. The petition shall describe the property in question, set forth the written objections which were made to the decision, give the date of filing of such objections, and shall be signed by such party or someone in his or her behalf. The court shall forthwith grant such petition if correct as to form and filed in accordance with this section.
[ 2013 c 23 § 447; 1961 c 131 § 18.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.32 - Drainage District Revenue Act of 1961. › 85.32.180 - Judicial review—Filing of transcript, objections, resolution—Filing fees—No bond required—Notice of hearing and trial.

RCW 85.32.180
Judicial review—Filing of transcript, objections, resolution—Filing fees—No bond required—Notice of hearing and trial.
Within ten days after the filing of such petition for review, the board, unless the court shall grant additional time, shall file with the clerk of such court its certified transcript containing such portion of the roll as is subject to review, any written objections thereto filed with the board by the petitioner before such roll was adopted, and a copy of the resolution adopting the roll. The filing fee shall be a cost recoverable by petitioner against the district.
The clerk of the court shall charge the same filing fees for petitions for review as in other civil actions. The appellant need not file any bond to cause review to be had by the superior court. The court shall, on motion of either party to the cause, with notice to the other party, set the same for hearing and trial without jury at the earliest time available.
[ 1961 c 131 § 19.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.32 - Drainage District Revenue Act of 1961. › 85.32.190 - Judicial review—Scope of trial.

RCW 85.32.190
Judicial review—Scope of trial.
At the trial the court shall determine whether the board has acted within its discretion and has correctly construed and applied the law. If it finds that it has, the findings and decision of the board shall be affirmed; otherwise it shall be reversed or modified. The judgment of the court may change, confirm, correct, or modify the values of the property in question as shown upon the roll, and a certified copy thereof shall be filed with the county auditor, who shall change, modify or correct as and if required.
[ 1961 c 131 § 20.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.32 - Drainage District Revenue Act of 1961. › 85.32.200 - Appellate review.

RCW 85.32.200
Appellate review.
Appellate review may be sought as in other civil cases: PROVIDED, That such review must be sought within fifteen days after the date of entry of the judgment of the superior court. The supreme court or the court of appeals on such review may change, confirm, correct or modify the values of the property in question as shown upon the roll. A certified copy of any judgment of the supreme court or the court of appeals shall be filed with the county auditor having custody of such roll, who shall thereupon change, modify, or correct such roll in accordance with such decision, if required.
[ 1988 c 202 § 84; 1971 c 81 § 169; 1961 c 131 § 21.]
NOTES:
Severability—1988 c 202: See note following RCW 2.24.050.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.32 - Drainage District Revenue Act of 1961. › 85.32.210 - Levies are for continuous benefits.

RCW 85.32.210
Levies are for continuous benefits.
The dollar rate levy returns collected from time to time under this chapter are solely assessments for benefits received continuously by the benefited properties, calculated in the manner specified in this chapter as a just and equitable way for all benefited property to share the expense of such required service.
[ 1973 1st ex.s. c 195 § 127; 1961 c 131 § 22.]
NOTES:
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.32 - Drainage District Revenue Act of 1961. › 85.32.220 - Annual estimate of costs.

RCW 85.32.220
Annual estimate of costs.
The board of any drainage district proceeding under this chapter shall, on or before the first day of November of each year, make an estimate of the costs reasonably anticipated to be required.
[ 1961 c 131 § 23.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.32 - Drainage District Revenue Act of 1961. › 85.32.900 - Powers and duties of chapter are supplemental.

RCW 85.32.900
Powers and duties of chapter are supplemental.
The rights, powers and duties granted and imposed by this chapter are supplemental and in addition to any existing rights, powers and duties of drainage districts established under this title.
[ 1961 c 131 § 24.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.36 - Powers of Special Districts. › 85.36.005 - Certain powers and rights governed by chapter 85.38 RCW.

RCW 85.36.005
Certain powers and rights governed by chapter 85.38 RCW.
Consolidated diking districts, drainage districts, diking improvement districts, and drainage improvement districts shall possess the authority and shall be created, district voting rights shall be determined, and district elections shall be held as provided in chapter 85.38 RCW.
[ 1985 c 396 § 35.]
NOTES:
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.36 - Powers of Special Districts. › 85.36.025 - Special assessments—Budgets—Alternative methods.

RCW 85.36.025
Special assessments—Budgets—Alternative methods.
RCW 85.38.140 through 85.38.170 constitute a mutually exclusive alternative method by which consolidated diking districts, drainage districts, diking improvement districts, and/or drainage improvement districts in existence as of July 28, 1985, may measure and impose special assessments and adopt budgets. RCW 85.38.150 through 85.38.170 constitute the exclusive method by which consolidated diking districts, drainage districts, diking improvement districts, and/or drainage improvement districts created after July 28, 1985, may measure and impose special assessments and adopt budgets.
[ 1985 c 396 § 28.]
NOTES:
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.36 - Powers of Special Districts. › 85.36.040 - Special assessment bonds.

RCW 85.36.040
Special assessment bonds.
Special assessment bonds and notes shall be issued and sold in accordance with chapter 85.38 RCW.
[ 1986 c 278 § 27.]
NOTES:
Severability—1986 c 278: See note following RCW 36.01.010.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.36 - Powers of Special Districts. › 85.36.050 - Annexation of territory—Consolidation of special districts—Suspension of operations—Reactivation.

RCW 85.36.050
Annexation of territory—Consolidation of special districts—Suspension of operations—Reactivation.
Consolidated diking districts, drainage districts, diking improvement districts, and/or drainage improvement districts may annex territory, consolidate with other special districts, and have their operations suspended and be reactivated, in accordance with chapter 85.38 RCW.
[ 1986 c 278 § 15.]
NOTES:
Severability—1986 c 278: See note following RCW 36.01.010.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.38 - Special District Creation and Operation. › 85.38.001 - Actions subject to review by boundary review board.

RCW 85.38.001
Actions subject to review by boundary review board.
The establishment of a drainage district, drainage improvement district, or drainage or diking improvement district may be subject to potential review by a boundary review board under chapter 36.93 RCW. Annexations, consolidations, or transfers of territory by a drainage district, drainage improvement district, or drainage or diking improvement district may be subject to potential review by a boundary review board under chapter 36.93 RCW.
[ 1989 c 84 § 64.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.38 - Special District Creation and Operation. › 85.38.005 - Purpose.

RCW 85.38.005
Purpose.
The purpose of this chapter is to provide uniform and simplified procedures for the creation, elections, and operations of various special districts that provide diking, drainage, and flood control facilities and services. The legislature finds that it is in the public interest to clarify and standardize the laws relating to these special districts.
[ 1985 c 396 § 1.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.38 - Special District Creation and Operation. › 85.38.010 - Definitions.

RCW 85.38.010
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
(1) "Governing body" means the board of commissioners, board of supervisors, or board of directors of a special district.
(2) "Owner of land" means the record owner of at least a majority ownership interest in a separate and legally created lot or parcel of land, as determined by the records of the county auditor, except that if the lot or parcel has been sold under a real estate contract, the vendee or grantee shall be deemed to be the owner of such land for purposes of authorizing voting rights. It is assumed, unless shown otherwise, that the name appearing as the owner of property on the property tax rolls is the current owner.
(3) "Qualified voter of a special district" means a person who is either: (a) A natural person who is a voter under general state election laws, registered to vote in the state of Washington for a period of not less than thirty days before the election, and the owner of land located in the special district for a period of not less than thirty days before the election; (b) a corporation or partnership that has owned land located in the special district for a period of not less than sixty days before the election; or (c) the state, its agencies or political subdivisions that own land in the special district or lands proposed to be annexed into the special district except that the state, its agencies and political subdivisions shall not be eligible to vote to elect a member of the governing board of a special district.
(4) "Special district" means: (a) A diking district; (b) a drainage district; (c) a diking, drainage, and/or sewerage improvement district; (d) an intercounty diking and drainage district; (e) a consolidated diking district, drainage district, diking improvement district, and/or drainage improvement district; or (f) a flood control district.
(5) "Special district general election" means the election of a special district regularly held on the first Tuesday after the first Monday in February in each even-numbered year at which a member of the special district governing body is regularly elected.
[ 1991 c 349 § 1; 1986 c 278 § 41; 1985 c 396 § 2.]
NOTES:
Severability—1986 c 278: See note following RCW 36.01.010.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.38 - Special District Creation and Operation. › 85.38.020 - Establishment of special districts—Petition or resolution—Contents.

RCW 85.38.020
Establishment of special districts—Petition or resolution—Contents.
The establishment of a special district may be initiated by either petition of the owners of property located within the proposed special district, or by resolution of the county legislative authority or authorities within which the proposed special district is located.
A petition calling for the creation of a special district, which is signed by at least ten owners of land located within the proposed district, shall be filed with the county legislative authority within which a proposed special district, or the largest portion of a special district, is located. If the proposed special district is proposed to be located within more than one county, the county legislative authority receiving the petitions shall notify the other county legislative authorities of the proposal. The petition shall set forth in general terms: (1) The objects sought by the creation of the special district; (2) the projects proposed to be completed by the special district that will accomplish these objects; (3) the boundaries of the proposed special district, which may be stated in terms of sections, townships, and ranges; and (4) any other matters deemed material by the petitioners. The jurisdiction of the county legislative authority to proceed with consideration of the creation of the proposed special district shall not be affected by the form of the petition or allegations on the petition. The petition shall be accompanied by proof of land ownership that is sufficient in the opinion of the county legislative authority to evidence the ownership of land by the petitioners within the proposed special district. A petition calling for the creation of a special district shall be accompanied by a bond of five thousand dollars to defray the costs incurred by the county, or counties, in considering the creation of the special district.
A resolution proposing the creation of a special district shall contain the same items as are required and permitted to be contained in a petition to create a special district.
[ 1985 c 396 § 3.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.38 - Special District Creation and Operation. › 85.38.030 - Investigation of proposed boundaries and districts—Report.

RCW 85.38.030
Investigation of proposed boundaries and districts—Report.
Upon the filing of a valid petition or upon the adoption of the resolution, the county legislative authority shall direct the county engineer to investigate the proposed boundaries of the special district and the feasibility of the projects located in the county as proposed in the petition or resolution. The engineer shall report to the county legislative authority within ninety days of such direction on the proposed boundaries of the special district within the county and feasibility of that portion of the proposed project. If the proposed special district is located in more than one county, the county legislative authority of each county shall direct its county engineer to investigate and report on the proposal within its boundaries.
[ 1985 c 396 § 4.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.38 - Special District Creation and Operation. › 85.38.040 - Proposed special districts—Public hearing—Notice.

RCW 85.38.040
Proposed special districts—Public hearing—Notice.
The county legislative authority shall schedule a public hearing on the proposed special district if the county engineer's report indicates that the proposed projects are feasible. If the engineers of each of the counties within which a proposed special district is located indicate that the proposed projects are feasible, the county legislative authorities shall schedule a joint public hearing on the proposed special district. The county legislative authority may, on its own initiative, schedule a public hearing on the proposed special district if the county engineer's report indicates that the proposed projects are not feasible. The county legislative authorities of counties within which a proposed special district is located may, on their own initiative, schedule a joint public hearing on the proposed special district if one or more of the county engineers' reports indicate that the proposed projects are not feasible.
Notice of the public hearing shall be published in a newspaper of general circulation within the proposed special district, which notice shall be purchased in the manner of a general advertisement, not to be included with legal advertisements or with classified advertisements. This notice shall be published at least twice, not more than twenty nor less than three days before public hearing. Additional notice shall be made as required in RCW 79.44.040.
The notice must contain the following: (1) The date, time, and place of the public hearing; (2) a statement that a particular special district is proposed to be created; (3) a general description of the proposed projects to be completed by the special district; (4) a general description of the proposed special district boundaries; and (5) a statement that all affected persons may appear and present their comments in favor of or against the creation of the proposed special district.
[ 1991 c 349 § 8; 1985 c 396 § 5.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.38 - Special District Creation and Operation. › 85.38.050 - Public hearing—Elections.

RCW 85.38.050
Public hearing—Elections.
The county legislative authority or authorities shall conduct the public hearing at the date, time, and place indicated in the notice. Public hearings may be continued to other dates, times, and places specified by the county legislative authority or authorities before the adjournment of the public hearing. Each county legislative authority may alter those portions of boundaries of the proposed special district that are located within the county, but if territory is added that was not described in the original proposed boundaries, an additional hearing on the proposal shall be held with notice being published as provided in RCW 85.38.040.
After receiving the public testimony, the county legislative authority may cause an election to be held to authorize the creation of a special district if it finds:
(1) That creation of the special district will be conducive to the public health, convenience and welfare;
(2) That the creation of the special district will be of special benefit to a majority of the lands included within the special district; and
(3) That the proposed improvements are feasible and economical, and that the benefits of these improvements exceed costs for the improvements.
If the proposed special district is located within two or more counties, the county legislative authorities may cause an election to be held to authorize the creation of the special district upon making the findings set forth in subsections (1) through (3) of this section.
The county legislative authority or authorities may also choose not to allow such an election to be held by either failing to act or finding that one or more of these factors are not met.
[ 1991 c 349 § 9; 1985 c 396 § 6.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.38 - Special District Creation and Operation. › 85.38.060 - Elections—Notice—Costs.

RCW 85.38.060
Elections—Notice—Costs.
The county legislative authority or authorities shall cause an election on the question of creating the special district to be held if findings as provided in RCW 85.38.050 are made. The county legislative authority or authorities shall designate a time and date for such election, which shall be one of the special election dates provided for in RCW 29A.04.330, together with the site or sites at which votes may be cast. The persons allowed to vote on the creation of a special district shall be those persons who, if the special district were created, would be qualified voters of the special district as described in RCW 85.38.010. The county auditor or auditors of the counties within which the proposed special district is located shall conduct the election and prepare a list of presumed eligible voters.
Notices for the election shall be published as provided in RCW 85.38.040. The special district shall be created if the proposition to create the special district is approved by a simple majority vote of the voters voting on the proposition and the special district may assume operations whenever the initial members of the governing body are appointed as provided in RCW 85.38.070.
Any special district created after July 28, 1985, may only have special assessments measured and imposed, and budgets adopted, as provided in RCW 85.38.140 through 85.38.170.
If the special district is created, the county or counties may charge the special district for the costs incurred by the county engineer or engineers pursuant to RCW 85.38.030 and the costs of the auditor or auditors related to the election to authorize the creation of the special district pursuant to this section. Such county actions shall be deemed to be special benefits of the property located within the special district that are paid through the imposition of special assessments.
[ 2015 c 53 § 100; 1991 c 349 § 10; 1985 c 396 § 7.]