reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.20 - Reorganization of Districts Into Improvement Districts—1917 Act. › 85.20.140 - Powers of board.

RCW 85.20.140
Powers of board.
The board of county commissioners shall have all the powers possessed by the board of commissioners of any district reorganized under the provisions of this chapter prior to such reorganization, to levy assessments for the payment of the interest on any other bonds of the district not then payable and refunded under the provisions of this chapter, and to levy assessments to provide a sinking fund for the liquidation of such bonds at their maturity. Such assessments shall be called and collected in the manner provided by the law under which they were assessed, and such bonds shall be paid as provided by the law under which they were issued. Proper funds shall be established in the county treasury for the proceeds of the payments of such assessments, and such funds shall be applied to the payment of the bonds for the payment of which they were levied.
[ 1917 c 131 § 13; RRS § 4359. FORMER PART OF SECTION: 1933 c 182 § 13 now codified as RCW 85.22.130.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.20 - Reorganization of Districts Into Improvement Districts—1917 Act. › 85.20.150 - Extensions to compensate for inadequate benefits—Payment.

RCW 85.20.150
Extensions to compensate for inadequate benefits—Payment.
Whenever in any district reorganized under the provisions of this chapter, extensions or additions are made to the system of improvements of the district to provide drainage or protection from overflow for lands previously found benefited and assessed for the construction of the original system of improvement which are not receiving benefits therefrom in proportion to the benefits found and the assessments levied against such lands, the costs of such extensions or additions shall be included as a cost of maintenance of the improvements of the district and shall be levied and collected in the manner provided for the levy and collection of such costs.
[ 1917 c 131 § 14; RRS § 4360. FORMER PART OF SECTION: 1933 c 182 § 14 now codified as RCW 85.22.140.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.22 - Reorganization of Districts Into Improvement Districts—1933 Act. › 85.22.010 - Reorganization authorized.

RCW 85.22.010
Reorganization authorized.
Any diking district; drainage district; irrigation improvement district; intercounty diking and drainage district; diking, drainage, and/or sewerage improvement district; consolidated diking district, drainage district, diking improvement district, and/or drainage improvement district; or flood control district may reorganize as a drainage and irrigation improvement district or as a diking, drainage and irrigation improvement district in the manner provided in this chapter.
[ 1993 c 464 § 1; 1933 c 182 § 1; RRS § 4477-1. Formerly RCW 85.20.010, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.22 - Reorganization of Districts Into Improvement Districts—1933 Act. › 85.22.020 - Petition to reorganize—Contents.

RCW 85.22.020
Petition to reorganize—Contents.
For the purpose of securing such reorganization, a petition shall be presented to the clerk of the board of county commissioners of the county in which such district is located, at a regular or special meeting of the board. The petition shall be signed by the board of commissioners of the district and shall state the number of the district seeking to reorganize, and shall pray that such district be reorganized as a drainage and irrigation improvement district or diking, drainage and irrigation improvement district.
[ 1933 c 182 § 2; RRS § 4477-2. Formerly RCW 85.20.020, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.22 - Reorganization of Districts Into Improvement Districts—1933 Act. › 85.22.030 - Elections—Notice—Publication—Costs.

RCW 85.22.030
Elections—Notice—Publication—Costs.
Whenever a petition is presented as provided in RCW 85.22.020, the county legislative authority shall order an election to be held to determine if the district shall be reorganized. The county legislative authority shall specify the election date which may or may not be the same as the regular special district general election. Notice of the election shall be posted and published, and the election shall be conducted, as for any special district election. The notice shall state the number of the district so petitioning to reorganize, the place where and the time when the election is to be held. The auditor shall certify the results of the election to the county legislative authority. If the proposition to reorganize the district is approved by a simple majority vote of the voters voting on the proposition, the district shall be reorganized as either a diking improvement district or drainage improvement district upon the county legislative authority ordering the reorganization. The district shall be liable to the county for its costs incurred for the election.
[ 1985 c 396 § 50; 1933 c 182 § 3; RRS § 4477-3. Formerly RCW 85.20.030, part.]
NOTES:
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.22 - Reorganization of Districts Into Improvement Districts—1933 Act. › 85.22.050 - Reorganized district—Commissioners retained, powers—Effect of reorganization.

RCW 85.22.050
Reorganized district—Commissioners retained, powers—Effect of reorganization.
The commissioners of the old district shall become the supervisors of the reorganized district and shall have all the rights and powers and be subject to all laws applicable to a diking or drainage improvement district. The supervisors shall also have the power of using such drainage ditches and equipment in the district for irrigation purposes at proper times and may adapt such ditches to such purposes by making the necessary improvements therein. The supervisors shall also have the right to purchase and install machinery, pumps and other equipment for the carrying on of such irrigation within the district. Notwithstanding such dissolution and reorganization, none of the outstanding bonds, warrants or other indebtedness of the district, shall be affected thereby; and all lands liable to be assessed to pay any of such bonds, warrants or other indebtedness shall remain liable to the same extent as if such reorganization had not been made, and any and all assessments theretofore levied or made against any such lands shall be and remain unimpaired and shall be collected in the same manner as if no such reorganization had been had. The legislative authority of the county in which such reorganized district is situated shall have all the powers possessed at the time of the reorganization by the board of commissioners of such district to levy, assess, and cause to be collected any and all assessments or charges against any of the lands within such district that may be necessary or required to provide funds for the payment of all the bonds, warrants and other indebtedness thereof.
[ 1985 c 396 § 51; 1933 c 182 § 5; RRS § 4477-5. Formerly RCW 85.20.050, part and 85.20.060, part.]
NOTES:
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.22 - Reorganization of Districts Into Improvement Districts—1933 Act. › 85.22.060 - Refunding bonds.

RCW 85.22.060
Refunding bonds.
Whenever in any district reorganized under the provisions of this chapter any bonds issued prior to such reorganization shall become payable and the county legislative authority determines that it is in the interest of the property owners of the district to have refunding bonds issued, the county legislative authority may authorize the district to issue refunding bonds in accordance with chapter 85.38 RCW.
[ 1986 c 278 § 37; 1933 c 182 § 6; RRS § 4477-6. Formerly RCW 85.20.070, part.]
NOTES:
Severability—1986 c 278: See note following RCW 36.01.010.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.22 - Reorganization of Districts Into Improvement Districts—1933 Act. › 85.22.130 - Powers of board.

RCW 85.22.130
Powers of board.
The board of county commissioners shall have all the powers possessed by the board of commissioners of any district reorganized under the provisions of this chapter prior to such reorganization, to levy assessments for the payment of the interest on any other bonds of the district not then payable and refunded under the provisions of this chapter, and to levy assessments to provide a sinking fund for the liquidation of such bonds at their maturity. Such assessments shall be called and collected in the manner provided by the law under which they were assessed, and such bonds shall be paid as provided by the law under which they were issued. Proper funds shall be established in the county treasury for the proceeds of the payments of such assessments, and such funds shall be applied to the payment of the bonds for the payment of which they were levied.
[ 1933 c 182 § 13; RRS § 4477-13. Formerly RCW 85.20.140, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.22 - Reorganization of Districts Into Improvement Districts—1933 Act. › 85.22.140 - Extensions to compensate for inadequate benefits—Payment.

RCW 85.22.140
Extensions to compensate for inadequate benefits—Payment.
Whenever in any district reorganized under the provisions of this chapter, extensions or additions are made to the system of improvements of the district to provide drainage or protection from overflow for lands previously found benefited and assessed for the construction of the original system of improvement which are not receiving benefits therefrom in proportion to the benefits found and the assessments levied against such lands, the costs of such extensions or additions shall be included as a cost of maintenance of the improvements of the district and shall be levied and collected in the manner provided for the levy and collection of such costs.
[ 1933 c 182 § 14; RRS § 4477-14. Formerly RCW 85.20.150, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.010 - Districts authorized—Powers—Designation.

RCW 85.24.010
Districts authorized—Powers—Designation.
Whenever a portion of two or more counties require diking, drainage, or the erection of flood dams or drift barriers to prevent inundations, such portion of two or more counties may be organized into a district; and the board of commissioners, hereinafter provided for, shall have and possess the powers herein conferred, or that may hereafter be conferred by law upon such districts and board of commissioners, and all such powers not in conflict with those herein granted, which now exist under the provisions of the laws of the state relating to the establishment, construction and maintenance of dikes and drains; and such districts shall be known and designated as "Diking and Drainage District No. . . . . in . . . . . . and . . . . . . counties (here insert name of counties), of the state of Washington"; and shall have the right to sue and be sued by, in the name of its board of commissioners herein provided for, and shall have perpetual succession, and shall adopt and use a seal.
[ 1923 c 140 § 1; 1909 c 225 § 1; RRS § 4361.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.015 - Certain powers and rights governed by chapter 85.38 RCW.

RCW 85.24.015
Certain powers and rights governed by chapter 85.38 RCW.
Intercounty diking and drainage 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 § 34.]
NOTES:
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.025 - Annexation of territory—Consolidation of special districts—Suspension of operations—Reactivation.

RCW 85.24.025
Annexation of territory—Consolidation of special districts—Suspension of operations—Reactivation.
Intercounty diking and 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 § 14.]
NOTES:
Severability—1986 c 278: See note following RCW 36.01.010.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.065 - Special assessments—Budgets—Alternative methods.

RCW 85.24.065
Special assessments—Budgets—Alternative methods.
RCW 85.38.140 through 85.38.170 constitute a mutually exclusive alternative method by which intercounty diking and drainage 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 intercounty diking and drainage districts created after July 28, 1985, may measure and impose special assessments and adopt budgets.
[ 1985 c 396 § 27.]
NOTES:
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.071 - Board of commissioners—Power to conduct business, make contracts, etc.

RCW 85.24.071
Board of commissioners—Power to conduct business, make contracts, etc.
The commissioners herein provided for and their successors in office, shall from the time of their election and qualifications aforesaid, have the power, and it shall be their duty, to manage and conduct the business affairs of the district, making and executing all necessary contracts, appoint such agents and employees as may be required, and prescribe their duties, and perform any and all acts which may be necessary, proper or requisite to carry into effect their duties as commissioners, and all such other acts as may be provided in this chapter or in any other act.
[ 1909 c 225 § 9; RRS § 4369. Formerly RCW 85.24.070, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.073 - Board of commissioners—Construction and maintenance powers.

RCW 85.24.073
Board of commissioners—Construction and maintenance powers.
Said board of commissioners herein provided for shall have the exclusive charge of the construction and maintenance of all dikes and drainage systems which may be constructed within the said district, and shall be the executive officers thereof, with full power to bind said district by their acts in the performance of their duties as provided by law.
[ 1909 c 225 § 11; RRS § 4371. Formerly RCW 85.24.070, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.075 - Board of commissioners—Duties of board officers—Quorum.

RCW 85.24.075
Board of commissioners—Duties of board officers—Quorum.
The chair of the board shall preside at all meetings and shall have the right to vote upon all questions the same as other members, and shall perform such duties in addition to those in this chapter prescribed as may be fixed by the board. The secretary of the board shall perform the duties in this chapter prescribed, and such other duties as may be fixed by the board. A majority of the board shall constitute a quorum for the transaction of business, but it shall require a majority of the entire board to authorize any action by the board.
[ 2013 c 23 § 432; 1909 c 225 § 21; RRS § 4381. Formerly RCW 85.24.070, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.077 - Board of commissioners—Power to adjourn proceedings.

RCW 85.24.077
Board of commissioners—Power to adjourn proceedings.
The board of commissioners shall have power to adjourn any and all proceedings before them from time to time.
[ 1909 c 225 § 28; RRS § 4388. Formerly RCW 85.24.070, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.079 - Board of commissioners—Rules and regulations.

RCW 85.24.079
Board of commissioners—Rules and regulations.
The board shall have power and authority to make rules and regulations for the purpose of carrying into effect any of the provisions of this chapter.
[ 1909 c 225 § 32; RRS § 4392. Formerly RCW 85.24.070, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.130 - Objections to assessment—Procedure.

RCW 85.24.130
Objections to assessment—Procedure.
Any person interested in any real estate affected by said assessment may, within the time fixed, appear and file objections. As to all parcels, lots, or blocks as to which no objections are filed, within the time as aforesaid, the assessment thereon shall be confirmed and shall be final. On the hearing, each person may offer proof, and proof may also be offered on behalf of the assessment, and the board shall affirm, modify, change, and determine the assessment, in such sum as to the board appears just and right. The commissioners may increase the assessment during such hearing upon any particular tract by mailing notice to the owner at his or her last known address, to be and appear within a time not less than ten days after the date of the notice, to show cause why his or her assessment should not be increased. When the assessment is finally equalized and fixed by the board, the secretary thereof shall certify the same to the county treasurer of each county in which the lands are situated, for collection; or if appeal has been taken from any part thereof, then so much thereof as has not been appealed from shall be certified. In case any owner of property appeals to the superior court in relation to the assessment or other matter when the amount of the assessment is determined by the court finally, either upon determination of the superior court, or review by the supreme court or the court of appeals, then the assessment as finally fixed and determined by the court shall be certified by the clerk of the proper court to the county treasurer of the county in which the lands are situated and shall be spread upon and become a part of the assessment roll hereinbefore referred to.
[ 2013 c 23 § 433; 1988 c 202 § 82; 1971 c 81 § 167; 1909 c 225 § 6; RRS § 4366.]
NOTES:
Severability—1988 c 202: See note following RCW 2.24.050.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.140 - Judicial review.

RCW 85.24.140
Judicial review.
Any person who feels aggrieved by the final assessment made against any lot, block, or parcel of land owned by him or her, may appeal therefrom to the superior court of the county in which the land is situated. Such appeal shall be taken within the time and substantially in the manner prescribed by the laws of this state for appeals from justices' courts. All notice of appeal shall be filed with the said board, and shall be served upon the prosecuting attorney of the county in which the action is brought. The secretary of the board shall, at appellant's expense, certify to the superior court so much of the record as appellant may request, and the cause shall be tried in the superior court de novo.
Any person aggrieved by any final order or judgment made by the superior court concerning any assessment authorized by this chapter, may seek appellate review of the order or judgment as in other civil cases.
[ 2013 c 23 § 434; 1988 c 202 § 83; 1971 c 81 § 168; 1909 c 225 § 7; RRS § 4367.]
NOTES:
Severability—1988 c 202: See note following RCW 2.24.050.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.150 - Lien of assessments—Notice and collection.

RCW 85.24.150
Lien of assessments—Notice and collection.
The final assessment shall be a lien paramount to all other liens except liens for taxes and other special assessments upon the property assessed, from the time the assessment roll shall have been finally approved by the board, and placed in the hands of the county treasurers as collectors. After the roll shall have been delivered to the county treasurers for collection, each treasurer shall proceed to collect the amounts due in the manner that other taxes are collected as to all lands situated within the county of which he or she is treasurer. The treasurer shall give at least ten days' notice in one or more newspapers of general circulation in the counties in which the lands are situated for two successive weeks, that the roll has been certified to him or her for collection, and that unless payment be made within thirty days from the date of the notice, that the sum charged against each lot or parcel of land shall be paid in not more than ten equal annual payments, with interest upon the whole sum so charged, at a rate not to exceed seven percent per annum. The interest shall be paid annually. The county treasurer shall proceed to collect the amount due each year upon the publication of notice as hereinafter provided. In such publication notice it shall not be necessary to give a description of each tract, piece or parcel of land, or of the names of the owners thereof.
The treasurer shall also mail a copy of the notice to the owner of the property assessed, when the post office address of the owner is known to the treasurer; but the failure to mail the notice shall not be necessary to the validity of the collection of the tax.
[ 2013 c 23 § 435; 1985 c 469 § 83; 1909 c 225 § 8; RRS § 4368.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.160 - Payment of assessment without interest.

RCW 85.24.160
Payment of assessment without interest.
The owner of any lot or parcel of land charged with any assessment, as hereinbefore provided, may redeem the same from all liability by paying the entire assessment charged against such lot or parcel of land, or part thereof, without interest, within thirty days after notice to him or her of such assessment, as herein provided.
[ 2013 c 23 § 436; 1986 c 278 § 38; 1983 c 167 § 199; 1909 c 225 § 17; RRS § 4377.]
NOTES:
Severability—1986 c 278: See note following RCW 36.01.010.
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.170 - District treasurer—Collection, remittance and disbursement of assessments.

RCW 85.24.170
District treasurer—Collection, remittance and disbursement of assessments.
The treasurer of each county shall collect the taxes levied and assessed hereunder upon all that portion of the property situated within the county for which the treasurer is acting. The treasurer of the county in which the smaller or minor portion of the taxes are to be collected shall forward the amount collected by him or her quarterly each year on the first Monday in January, April, July, and October, to the treasurer of the county in which the larger or major portion of the taxes are to be collected. The treasurer of the county in which the larger portion of the taxes have been levied and assessed shall be the disbursing officer of such diking and drainage district, and shall pay out the funds of such district upon orders drawn by the chair and secretary of the board acting under authority of the board, and shall be the treasurer of the fund.
[ 2013 c 23 § 437; 1909 c 225 § 22; RRS § 4382.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.190 - Disposal by commissioners of lands not redeemed from sale—Use of proceeds.

RCW 85.24.190
Disposal by commissioners of lands not redeemed from sale—Use of proceeds.
The board of commissioners of the district shall have the power to sell, lease and dispose of any and all lands which may be acquired by it by virtue of deeds issued to it by the treasurer for lands not redeemed from sale, and the funds derived from any disposition of such land shall become the fund of the district to be used for the benefit of the district under the direction of its board of commissioners.
[ 1909 c 225 § 24; RRS § 4384. FORMER PART OF SECTION: 1909 c 225 § 23, part, now codified as RCW 85.24.180.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.200 - Reassessments.

RCW 85.24.200
Reassessments.
If because of a substantial reduction of the amount of the assessment upon any lands, the result would be to leave the amount of the assessment upon other lands insufficient, or if for any cause the assessment should be held invalid or become inoperative, then the board shall have power to make a reassessment of all lands to the same extent as the original assessment.
[ 1909 c 225 § 30; RRS § 4390.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.220 - Segregation of assessments.

RCW 85.24.220
Segregation of assessments.
When a piece, lot, or tract of land has been assessed in one body, if the same is subsequently subdivided by the owner, or there should be purchasers of different portions of such tract, then the owner or purchaser may pay the taxes upon such piece or tract of land, paying the proportion which is proper upon such separate piece or tract.
[ 1909 c 225 § 25; RRS § 4385.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.235 - Special assessment bonds.

RCW 85.24.235
Special assessment bonds.
Special assessment bonds and notes shall be issued and sold in accordance with chapter 85.38 RCW.
[ 1986 c 278 § 26.]
NOTES:
Severability—1986 c 278: See note following RCW 36.01.010.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.240 - Counties to contribute for benefits to roads, bridges, or health of people.

RCW 85.24.240
Counties to contribute for benefits to roads, bridges, or health of people.
Whenever any highways, roads, or bridges are maintained by either county in which a diking and drainage district may be established, as herein provided, and it shall appear that the construction and maintenance of such diking and drainage system will be beneficial to such highways, roads, and bridges, or which will be beneficial to such highways, roads and bridges as may thereafter be constructed or maintained by the county, in which any part of the system of dikes and drains is situated, then the board of county commissioners of such county may, and it shall be the duty of such board to appropriate to such diking and drainage district an amount of money sufficient to pay the proportionate share of such county in accordance with the benefits received or to be received; and whenever it may appear to the board of county commissioners of any county that any improvements made or to be made in any diking or drainage district under the provisions of this chapter, shall on account of the health of the people of the county be beneficial in respect thereto, the board of county commissioners may make an appropriation of money to such diking and drainage district in such an amount to such board as may seem proper.
[ 1909 c 225 § 18; RRS § 4378.]
NOTES:
Basis of supplemental assessments: RCW 85.07.050.
Benefits to public roads, how paid: RCW 85.07.040.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.250 - Municipality may contribute.

RCW 85.24.250
Municipality may contribute.
Whenever it appears to the council of any incorporated city or town not included or not wholly included within the limits of any diking or drainage district established hereunder, which incorporated city or town may be within a county in which a portion of such district is located that the construction and maintenance of such diking and drainage system will be beneficial to the health and general welfare of the inhabitants of the incorporated city or town, then the city or town council may appropriate money out of the general funds of the city or town to such diking and drainage system, or the council may for such purpose impose assessments upon all the property in the city or town that benefits from facilities and activities of the diking or drainage district, and give the assessments to the diking or drainage district.
[ 1991 c 349 § 7; 1973 1st ex.s. c 195 § 119; 1909 c 225 § 19; RRS § 4379.]
NOTES:
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Limitation of levies: RCW 84.52.050.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.260 - Acquisition of property—Eminent domain.

RCW 85.24.260
Acquisition of property—Eminent domain.
The districts organized under the provisions of this chapter, and the commissioners appointed and qualified as such shall have the right of eminent domain with the power by and through the board of commissioners to condemn and cause to be condemned and appropriated private property for the use of said district in the construction and maintenance of the system of dikes, drains, flood dams and drift barriers, and for any other purpose proper, necessary and convenient for the purpose of carrying into effect the powers vested in said district and the commissioners thereof; and that the property of private corporations shall be subject to the same rights of eminent domain as private individuals. Said board of commissioners shall also have the power to acquire by purchase, in the name of the district, any and all real property necessary to make the improvements herein provided for.
[ 1909 c 225 § 10; RRS § 4370. FORMER PART OF SECTION: 1909 c 225 §§ 12, 20, 27, now codified as RCW 85.24.261, 85.24.263, and 85.24.265.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.261 - Eminent domain—Procedure.

RCW 85.24.261
Eminent domain—Procedure.
In the exercise of the right of eminent domain, all proceedings shall be prosecuted by the board of commissioners for and on behalf of the district, or in the name of the district itself, and such proceedings shall be conducted in the superior court of the county in which the lands sought to be condemned are situated, and shall be in the manner and in accordance with the procedure now provided by law regulating the mode of procedure to appropriate lands, real estate, or property by corporations for corporate purposes.
[ 1909 c 225 § 12; RRS § 4372. Formerly RCW 85.24.260, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.263 - Eminent domain—Rights-of-way.

RCW 85.24.263
Eminent domain—Rights-of-way.
In the construction and maintenance of the improvements herein provided for, the said district may acquire by purchase or otherwise, and by the exercise of the right of eminent domain, any right-of-way through, over and across any property situated without said district which may be necessary or proper to the completion of the system of improvements.
[ 1909 c 225 § 20; RRS § 4380. Formerly RCW 85.24.260, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.265 - Eminent domain—Against public lands.

RCW 85.24.265
Eminent domain—Against public lands.
Any district created hereunder is hereby granted the right to exercise the power of eminent domain against any lands or other property belonging to the state of Washington or any municipality thereof, and such power of eminent domain shall be exercised under and by the same procedure as is now, or may hereafter be, provided by the laws of this state for the exercise of the right of eminent domain by ordinary railroad corporations.
[ 1909 c 225 § 27; RRS § 4387. Formerly RCW 85.24.260, part.]
NOTES:
Corporations, eminent domain: Chapter 8.20 RCW.
Railroads, corporate powers: Chapter 81.36 RCW.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.270 - Cities may be included in district.

RCW 85.24.270
Cities may be included in district.
Within the limits of said diking or drainage district may be included any incorporated city or town, or any part thereof.
[ 1909 c 225 § 14; RRS § 4374. FORMER PART OF SECTION: 1909 c 225 § 15, now codified as RCW 85.24.275.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.275 - Assessment of state lands.

RCW 85.24.275
Assessment of state lands.
Any of the state, school, or granted land within the district, shall also be assessed the same as other lands are assessed in proportion to the benefit, but any such lands shall not be sold for delinquencies, but the amount of the assessment shall be paid by the state at the time, in the manner, under the circumstances, and in accordance with the provisions of the act relating to the payment by the state of assessments made on state, school and granted lands for the construction and maintenance of dikes and drains benefiting such lands, approved March 5, 1907; Laws of 1907, pp. 125-126.
[ 1909 c 225 § 15; RRS § 4375. Formerly RCW 85.24.270, part.]
NOTES:
Reviser's note: The 1907 act referred to herein appears to be superseded by chapter 164, Laws of 1919 codified as chapter 79.44 RCW. See Paine v. State, 156 Wash. 31, 40, 286 P. 89, 93 (1930). See also reviser's notes following RCW 85.05.110 and 85.06.110.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.280 - Improvement of streams—Scope of powers.

RCW 85.24.280
Improvement of streams—Scope of powers.
Any district so established as aforesaid through its board of commissioners shall have the right, power and authority to straighten, deepen and improve any and all rivers, watercourses, or streams, whether navigable or otherwise, flowing through or located within the boundaries of said diking or drainage district, whenever necessary or proper in carrying out the objects of the system. The district by and through its board of commissioners shall also have the power to construct all needed auxiliary ditches, canals, flumes, locks, flood barriers, and all necessary artificial appliances in the construction of the system, and which shall be necessary and advisable to protect the land in any such district from overflow or to assist, or which may become necessary in the preservation or maintenance of such system.
[ 1909 c 225 § 13; RRS § 4373. FORMER PART OF SECTION: 1909 c 225 § 26, now codified as RCW 85.24.285.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.285 - Improvement of streams—Streambeds are property of district—Disposition.

RCW 85.24.285
Improvement of streams—Streambeds are property of district—Disposition.
The board shall have power and authority to straighten, widen, deepen and improve any and all rivers, watercourses or streams, whether navigable or otherwise, flowing through or located within the boundaries of such district; and the beds of any streams or rivers which may be changed, shall become the property of the district, and the board shall have the power to sell and dispose of the same, or exchange the same or any portion thereof for other lands.
[ 1909 c 225 § 26; RRS § 4386. Formerly RCW 85.24.280, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.290 - Service of notices on agent of owner.

RCW 85.24.290
Service of notices on agent of owner.
When any notice is required to be given to the owner under any of the provisions of this chapter, such notice shall be given to the agent instead of the owner, in case the owner prior to the giving of the notice required by the board or proper officer has filed with the board or proper officer the name of the agent with his or her post office address.
[ 2013 c 23 § 439; 1909 c 225 § 29; RRS § 4389.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.24 - Diking and Drainage Districts in Two or More Counties. › 85.24.900 - Validation of existing districts—1923 c 140.

RCW 85.24.900
Validation of existing districts—1923 c 140.
The organization, establishment and creation of all diking and drainage districts in this state situated in two or more counties heretofore had or made, or attempted to be had or made, pursuant to the provisions of chapter 4, Title XXVII of Remington's Compiled Statutes, relating to the creation and establishment of such diking and drainage districts, and all acts, steps or proceedings had or attempted to be had by any such district, are hereby for all purposes declared legal and valid, and such districts situated in two or more counties are hereby declared duly organized, established and created, and all contracts, obligations or debts heretofore made or incurred by or in favor of such diking and drainage district situated in two or more counties so attempted to be organized, established and created, and all official bonds or other obligations executed in connection with or in pursuance of such organization, are hereby declared legal and valid, and of full force and effect.
[ 1923 c 140 § 6; RRS § 4376-1.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.28 - Private Ditches and Drains. › 85.28.010 - Private parties authorized to establish ditches and drains.

RCW 85.28.010
Private parties authorized to establish ditches and drains.
The owner or owners of any land which requires drainage and which is so situated that it is necessary to the proper drainage of the same to construct ditches or drains across the lands of others, may obtain the location and establishment of such ditch or drain across such lands, in the manner provided in this chapter.
[ 1899 c 125 § 1; RRS § 4394. Prior: 1883 p 77 § 1; 1875 p 92 § 2; 1863 p 485 § 1; 1858 p 31 § 1.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.28 - Private Ditches and Drains. › 85.28.020 - Petition to appropriate—Contents.

RCW 85.28.020
Petition to appropriate—Contents.
The person or persons desiring the location and establishment of such ditch or drain may file in the superior court of the county in which the lands sought to be appropriated are situated, a petition showing the name of the petitioner or petitioners; a description of the lands to be benefited, and of those over which the ditch would pass, and setting forth the name of every owner, incumbrancer, or other person or party interested in the lands over which said ditch would pass, or any part thereof, so far as the same can be ascertained from the public records of the county. Such petition shall also show the object for which the lands are sought to be appropriated, the necessity for the appropriation, and the length, width and depth of the ditch on the lands of each separate owner, with a description of said ditch, as nearly as practicable; and shall also set out the estimated damage to the lands of each owner to be crossed by such ditch.
[ 1899 c 125 § 2; RRS § 4395. Prior: 1883 p 77 § 2, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.28 - Private Ditches and Drains. › 85.28.030 - Cost bond by petitioner.

RCW 85.28.030
Cost bond by petitioner.
The petitioner, or someone in his or her behalf, shall enter into a bond in the penal sum of one hundred dollars, with two or more sureties, to be approved by the clerk of said court, payable to the state of Washington, conditioned that the petitioner or petitioners will pay all costs and expenses incurred in the proceeding; which said bond shall be filed with the petition.
[ 2013 c 23 § 440; 1899 c 125 § 3; RRS § 4396. Prior: 1883 p 77 § 2, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.28 - Private Ditches and Drains. › 85.28.040 - Viewers to be appointed—Duties.

RCW 85.28.040
Viewers to be appointed—Duties.
Upon the filing of said petition the court shall appoint three viewers, two of whom shall be resident freeholders of said county, and not interested in the result of the proceeding, and the other the *county surveyor of the county in which the lands are situated (unless said *county surveyor shall be a party in interest, in which case some other competent surveyor shall be appointed in his or her place who shall receive the same compensation as is allowed by law to *county surveyors) who shall, upon a day to be fixed by the court, in the order appointing them, view the lands of the petitioner and the lands which said proposed ditch or drain is to cross, for the purpose of determining: First, whether there is a necessity for the establishment of a ditch; and, second, the most practicable route for said ditch to run, if the same be necessary. The clerk of said court shall furnish to said viewers a certified copy of the order appointing them, which shall warrant them entering upon the lands described in the petition for the purpose of viewing the same.
[ 2013 c 23 § 441; 1899 c 125 § 4; RRS § 4397. Prior: 1883 p 78 § 4; Code 1881 § 2504; 1877 p 314 § 2; 1875 p 93 § 3; 1863 p 485 § 1; 1858 p 31 § 1.]
NOTES:
*Reviser's note: This section refers to the "county surveyor." 1907 c 160 § 1 designated the county surveyor as county engineer; 1925 ex.s. c 167 § 1 abolished the elective office of engineer, except in Class A and first-class counties, and the powers and duties were transferred to the county commissioners with power to employ an engineer; 1937 c 187 § 4 provided duties to vest in county commissioners who were directed to employ a county road engineer. See RCW 36.75.050 and chapter 36.80 RCW.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.28 - Private Ditches and Drains. › 85.28.050 - Report of viewers and plat to be filed.

RCW 85.28.050
Report of viewers and plat to be filed.
When said viewers shall have made said examination they shall, within ten days after the day appointed by the court for such examination, report to the court, in writing, (filing the same with the clerk of said court) their decision as to the necessity for said ditch and if they deem such ditch necessary, then the *county surveyor shall file with such report an accurate description and plat of the proposed ditch, showing the course thereof as recommended by the viewers. The viewers shall also estimate the amount of damage which each separate owner would suffer by reason of the construction thereof.
[ 1899 c 125 § 5; RRS § 4398. Prior: 1883 p 79 § 8; Code 1881 § 2507; 1877 p 314 § 2; 1875 p 94 § 6.]
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. › 85.28.060 - Summons to landowners—Contents and form.

RCW 85.28.060
Summons to landowners—Contents and form.
Upon the filing of the report of the viewers aforesaid, a summons shall be issued in the same manner as summons are issued in civil actions, and served upon each person owning or interested in any lands over which the proposed ditch or drain will pass. Said summons must inform the person to whom it is directed of the appointment and report of the viewers; a description of the land over which said ditch will pass of which such person is the owner, or in which he or she has an interest; the width and depth of said proposed ditch, and the distance which it traverses said land, also an accurate description of the course thereof. It must also show the amount of damages to said land as estimated by said viewers; and that unless the person so summoned appears and files objections to the report of the viewers, within twenty days after the service of said summons upon him or her, exclusive of the day of service, the same will be approved by the court, which summons may be in the following form:
In the Superior Court of the State of Washington, for . . . . . . County.
In the matter of the application of . . . . . . for a private ditch.
The state of Washington to . . . . . .
Whereas, on the . . . . day of . . . . . . (year) . . . . filed his or her petition in the above entitled court praying that a private ditch or drain be established across the following described lands, to wit: . . . .
. . . .
for the purpose of draining certain lands belonging to said . . . . . ., and whereas, on the . . . . day of . . . . . ., (year) . . . ., Messrs. . . . . . . and . . . . . . with . . . . . . *county surveyor of . . . . . . county, were appointed to view said premises in the manner provided by law, and said viewers having, on the . . . . day of . . . . . ., (year) . . ., filed their report in this court, finding in favor of said ditch and locating the same upon the following course: . . . . . . . . . . . for a distance of . . . . . . upon said land, and of a width of . . . . feet and a depth of . . . . feet; and they further find that said land will be damaged by the establishing and construction of said ditch in the sum of $. . . .: Now therefore, you are hereby summoned to appear within twenty days after the service of this summons, exclusive of the day of service, and file your objections to said petition and the report of said viewers, with this court; and in case of your failure so to do, said report will be approved and said petition granted.
. . . .
Plaintiff's Attorney.
P.O. Address . . . .
[ 2016 c 202 § 50; 2013 c 23 § 442; 1899 c 125 § 6; RRS § 4399. Formerly RCW 85.28.060 and 85.28.070.]
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. › 85.28.080 - Service by publication.

RCW 85.28.080
Service by publication.
In case any person interested in any of the lands to be crossed by such ditch, as aforesaid, does not reside in the county, or cannot be found therein, or conceals himself or herself so that personal service cannot be had upon him or her, upon proof thereof being made satisfactorily to appear to said court, said summons may be served by publication, in the same manner and with like effect as is done in civil actions: PROVIDED, That no other or different form of summons shall be required for publication than is required for personal service.
[ 2013 c 23 § 443; 1899 c 125 § 7; RRS § 4400.]