reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 85 - Diking and Drainage › RCW Dispositions › 85.07 MISCELLANEOUS DIKING AND DRAINAGE PROVISIONS

Sections
85.07.020 Dissolution of district — Hearing — Notice.
[1985 c 469 § 73; 1915 c 14 § 1; 1907 c 165 § 1; RRS § 4341. Formerly RCW 85.04.190.]
Repealed by 1986 c 278 § 47.
85.07.030 Dissolution of district — Sale of property — Disposition of proceeds.
[1907 c 165 § 2; RRS § 4342. Formerly RCW 85.04.195.]
Repealed by 1986 c 278 § 47.
85.07.080 Funding bonds — Proceeds to treasurer — Use of proceeds.
[1983 c 167 § 191; 1935 c 103 § 3; RRS § 4459-13. Formerly RCW 85.04.155, part.]
Repealed by 1983 c 167 § 270; repealed by 1993 c 7 § 1; and repealed by 1993 c 464 § 5.
85.07.150 Adjustment of indebtedness with state.
Cross-reference section, decodified September 2011.
85.07.160 Disincorporation of diking and drainage district located in county with a population of two hundred ten thousand or more and inactive for five years.
Cross-reference section, decodified September 2011.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › RCW Dispositions › 85.09 DIKING AND DRAINAGE IMPROVEMENT DISTRICTS — REFUNDING BONDS

Sections
85.09.010 Refunding bonds — Refunding loan from United States — Sale or exchange — Delinquency.
[1983 c 167 § 196; 1933 ex.s. c 38 § 1; 1933 c 22 § 1; 1929 c 211 § 1; RRS § 4459-1. Formerly RCW 85.08.700 through 85.08.730.]
Repealed by 1986 c 278 § 46.
85.09.020 Assessments — Roll — Installments — Payment — Date of hearing.
[1933 c 22 § 2; 1929 c 211 § 2; RRS § 4459-2. Formerly RCW 85.08.740 and 85.08.750.]
Repealed by 1986 c 278 § 46.
85.09.030 Notice of hearing.
[1929 c 211 § 3; RRS § 4459-3. Formerly RCW 85.08.760.]
Repealed by 1986 c 278 § 46.
85.09.040 Hearing — Roll corrected — Confirmation — Order.
[1929 c 211 § 4; RRS § 4459-4. Formerly RCW 85.08.770.]
Repealed by 1986 c 278 § 46.
85.09.050 Collection of assessments — Notice.
[1933 c 22 § 3; 1929 c 211 § 5; RRS § 4459-5. Formerly RCW 85.08.780, part.]
Repealed by 1986 c 278 § 46.
85.09.060 Sale or exchange of refunding bonds.
[1933 c 22 § 4; 1929 c 211 § 6; RRS § 4459-6. Formerly RCW 85.08.780, part.]
Repealed by 1986 c 278 § 46.
85.09.070 Disposition of funds collected.
[1933 c 22 § 5; 1929 c 211 § 7; RRS § 4459-7. Formerly RCW 85.08.790.]
Repealed by 1986 c 278 § 46.
85.09.080 Original assessments to be canceled pro rata.
[1933 c 22 § 6; 1929 c 211 § 8; RRS § 4459-8. Formerly RCW 85.08.800.]
Repealed by 1986 c 278 § 46.
85.09.090 Supplemental and reassessments.
[1933 c 22 § 7; 1929 c 211 § 9; RRS § 4459-9. Formerly RCW 85.08.810.]
Repealed by 1986 c 278 § 46.
85.09.900 Severability — 1933 c 22.
[1933 c 22 § 8 (adding new section 10 to 1929 c 211); RRS § 4459-10.]
Repealed by 1986 c 278 § 46.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › RCW Dispositions › 85.12 FEDERAL AID TO DIKING, DRAINAGE, AND SEWERAGE IMPROVEMENT DISTRICTS

Sections
85.12.020 Bond shall not be required.
[1949 c 175 § 1, part; RRS § 4459-50, part.]
Now codified in RCW 85.12.010.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › RCW Dispositions › 85.16 MAINTENANCE COSTS AND LEVIES — IMPROVEMENT DISTRICTS

Sections
85.16.040 Extraordinary expenditures — Warrants and bonds.
[(i) 1949 c 26 § 3, part; Rem. Supp. 1949 § 4459-22, part. (ii) 1949 c 26 § 13, part; Rem. Supp. 1949 § 4459-32, part.]
Now codified in RCW 85.16.030 and 85.16.180.
85.16.050 Redemption fund.
[1949 c 26 § 3, part; Rem. Supp. 1949 § 4459-22, part.]
Now codified in RCW 85.16.030.
85.16.100 Report of appraisers.
[1949 c 26 § 5, part; Rem. Supp. 1949 § 4459-24, part.]
Now codified in RCW 85.16.090.
85.16.140 Modification of schedules.
[1949 c 26 § 9, part; Rem. Supp. 1949 § 4459-28, part.]
Now codified in RCW 85.16.130.
85.16.900 Severability-1949 c 26.
[1949 c 26 § 19.]
Decodified by the code reviser, July 2016.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › RCW Dispositions › 85.20 REORGANIZATION OF DISTRICTS INTO IMPROVEMENT DISTRICTS — 1917 ACT

Sections
85.20.040 Election — Effect — Costs.
[1917 c 131 § 4; RRS § 4350. FORMER PART OF SECTION: 1933 c 182 § 4 now codified as RCW 85.22.040.]
Repealed by 1985 c 396 § 87.
85.20.060 Indebtedness and assessments.
[(i) 1917 c 131 § 5, part; RRS § 4351, part. (ii) 1933 c 182 § 5, part; RRS § 4477-5, part.]
Now codified as RCW 85.20.050 and 85.22.050.
85.20.080 Assessment roll and resolution.
[1917 c 131 § 7; RRS § 4353. FORMER PART OF SECTION: 1933 c 182 § 7, now codified as RCW 85.22.070.]
Repealed by 1986 c 278 § 46.
85.20.090 Notice of hearing.
[1985 c 469 § 78; 1917 c 131 § 8; RRS § 4353. FORMER PART OF SECTION: 1933 c 182 § 8 now codified as RCW 85.22.080.]
Repealed by 1986 c 278 § 46.
85.20.100 Hearing — Confirmation of roll — Dismissal of proceedings.
[1917 c 131 § 9; RRS § 4355. FORMER PART OF SECTION: 1933 c 182 § 9 now codified as RCW 85.22.090.]
Repealed by 1986 c 278 § 46.
85.20.110 Collection of assessments.
[1917 c 131 § 10; RRS § 4356. FORMER PART OF SECTION: 1933 c 182 § 10 now codified as RCW 85.22.100.]
Repealed by 1986 c 278 § 46.
85.20.130 Disposition of proceeds — Refunding bond redemption fund.
[1917 c 131 § 12; RRS § 4358. FORMER PART OF SECTION: 1933 c 182 § 12 now codified as RCW 85.22.120.]
Repealed by 1986 c 278 § 46.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › RCW Dispositions › 85.22 REORGANIZATION OF DISTRICTS INTO IMPROVEMENT DISTRICTS — 1933 ACT

Sections
85.22.040 Election — Effect — Costs.
[1933 c 182 § 4; RRS § 4477-4. Formerly RCW 85.20.040, part.]
Repealed by 1985 c 396 § 87.
85.22.070 Assessment roll and resolution.
[1985 c 396 § 52; 1933 c 182 § 7; RRS § 4477-7. Formerly RCW 85.20.080, part.]
Repealed by 1986 c 278 § 46.
85.22.080 Notice of hearing.
[1985 c 469 § 80; 1933 c 182 § 8; RRS § 4477-8. Formerly RCW 85.20.090, part.]
Repealed by 1986 c 278 § 46.
85.22.090 Hearing — Confirmation of roll — Dismissal of proceedings.
[1933 c 182 § 9; RRS § 4477-9. Formerly RCW 85.20.100, part.]
Repealed by 1986 c 278 § 46.
85.22.100 Collection of assessments.
[1933 c 182 § 10; RRS § 4477-10. Formerly RCW 85.20.110, part.]
Repealed by 1986 c 278 § 46.
85.22.110 Sale and issuance of refunding bonds.
[1933 c 182 § 11; RRS § 4477-11. Formerly RCW 85.20.120, part.]
Repealed by 1986 c 278 § 46.
85.22.120 Disposition of proceeds — Refunding bond redemption fund.
[1933 c 182 § 12; RRS § 4477-12. Formerly RCW 85.20.130, part.]
Repealed by 1986 c 278 § 46.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › RCW Dispositions › 85.24 DIKING AND DRAINAGE DISTRICTS IN TWO OR MORE COUNTIES

Sections
85.24.020 Petition — Contents, requisites — Cost bond.
[1923 c 140 § 2; 1909 c 225 § 2; RRS § 4362.]
Repealed by 1985 c 396 § 87.
85.24.030 Hearing — Findings — Order.
[1909 c 225 § 3; RRS § 4363. Formerly RCW 85.24.030 and 85.24.040, part.]
Repealed by 1985 c 396 § 87.
85.24.040 Election for formation and commissioners — Notice — Ballots — Term of office — Vacancies.
[1923 c 140 § 3; 1909 c 225 § 4; RRS § 4364. FORMER PART OF SECTION: 1909 c 225 § 3, part, now codified in RCW 85.24.030. Formerly RCW 85.24.040, 85.24.050, and 85.24.060.]
Repealed by 1985 c 396 § 87.
85.24.050 Election — Canvass.
[1923 c 140 § 3, part; 1909 c 225 § 4; RRS § 4364, part.]
Now codified in RCW 85.24.040.
85.24.060 Commissioners — Terms.
[1923 c 140 § 3, part; 1909 c 225 § 4; RRS § 4364, part.]
Now codified in RCW 85.24.040.
85.24.090 Oath and bond.
[1923 c 140 § 4, part; 1909 c 225 § 5; RRS § 4365, part.]
Now codified in RCW 85.24.070.
85.24.100 Plans — Construction — Bids — Contractor's bond.
[1923 c 140 § 4, part; 1909 c 225 § 5; RRS § 4365, part.]
Now codified in RCW 85.24.070.
85.24.110 Warrants.
[1923 c 140 § 4, part; 1909 c 225 § 5; RRS § 4365, part.]
Now codified in RCW 85.24.070.
85.24.120 Assessments.
[1923 c 140 § 4, part; 1909 c 225 § 5; RRS § 4365, part.]
Now codified in RCW 85.24.070.
85.24.210 Maintenance levy.
[1909 c 225 § 31; RRS § 4391.]
Repealed by 1991 c 349 § 18.
85.24.230 Bonds — Issuance and sale — Form, maturity, etc. — Call.
[1983 c 167 § 200; 1981 c 156 § 27; 1923 c 140 § 5; 1909 c 225 § 16; RRS § 4376.]
Repealed by 1986 c 278 § 46.
85.24.310 Adjustment of indebtedness with the state.
Cross-reference section, decodified September 2011.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › RCW Dispositions › 85.36 POWERS OF SPECIAL DISTRICTS

Sections
85.36.010 Authority to consolidate — Petition or resolution methods — Election.
[1985 c 396 § 55; 1967 c 154 § 2.]
Repealed by 1986 c 278 § 47.
85.36.020 Authorization to enter into contracts — Powers or authority of other districts not affected.
[1967 c 154 § 3.]
Repealed by 1986 c 278 § 47.
85.36.030 Assessment of benefits.
[1973 1st ex.s. c 195 § 128; 1967 c 154 § 4.]
Repealed by 1986 c 278 § 47.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.010 - Districts authorized—Powers—Management.

RCW 85.05.010
Districts authorized—Powers—Management.
Any portion of a county requiring diking may be organized into a diking district, and when so organized, such district, and the board of commissioners hereinafter provided for, shall have and possess the power herein conferred or that may hereafter be conferred by law upon such district and board of commissioners, and said district shall be known and designated as diking district No. . . . . (here insert number) of the county of . . . . . . (here insert the name of county) of the state of Washington, and shall have the right to sue and be sued by and in the name of its board of commissioners hereinafter provided for, and shall have perpetual succession, and shall adopt and use a seal. The commissioners hereinafter provided for, and their successors in office, shall, from the time of the organization of such diking district, have the power, and it shall be their duty, to manage and conduct the business and affairs of the district; make and execute all necessary contracts, employ and appoint such agents, officers and employees as may be required, and prescribe their duties, and perform such other acts as hereinafter provided, or that may hereafter be provided by law.
[ 1921 c 146 § 1; 1895 c 117 § 1; RRS § 4236. Cf. 1888 p 90 § 1; Code 1881 § 2519. Formerly RCW 85.04.005, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.065 - Certain powers and rights governed by chapter 85.38 RCW.

RCW 85.05.065
Certain powers and rights governed by chapter 85.38 RCW.
Diking 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 § 31.]
NOTES:
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.071 - Resolution to construct drainage system.

RCW 85.05.071
Resolution to construct drainage system.
Before entering upon the construction of any system of drainage for the land situated within such diking district, the commissioners thereof shall adopt a resolution which shall contain a brief and general description of the proposed improvement, a statement that the costs thereof shall be paid by warrants drawn and payable in like manner as for the original construction of the dikes of such district, and fixing a time and place within such district for hearing objections to such proposed improvement or for the proposed method of paying the costs thereof. The time so fixed shall be not less than thirty days or more than sixty days from the date said resolution shall be adopted. Such resolution may be adopted by the commissioners upon their own motion and it shall be their duty to adopt such resolution at any time when a petition signed by the owners of sixty percent or more of the acreage within such diking district is presented, requesting them to do so.
[ 1915 c 153 § 2; RRS § 4244. Formerly RCW 85.04.450.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.072 - Resolution to construct drainage system—Notice of hearing.

RCW 85.05.072
Resolution to construct drainage system—Notice of hearing.
Notice of the hearing shall be given by posting in three public places within the district a true copy of the resolution signed by the commissioners of the diking district and attested with the seal thereof, which notice shall be posted for at least ten days prior to the day fixed in the resolution for the hearing. Notice shall also be published at least once in a newspaper of general circulation in the district at least ten days before the date of the hearing.
[ 1985 c 469 § 67; 1915 c 153 § 3; RRS § 4245. Formerly RCW 85.04.455.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.073 - Resolution to construct drainage system—Procedure in absence of objections.

RCW 85.05.073
Resolution to construct drainage system—Procedure in absence of objections.
At the time fixed, the commissioners shall meet and if no objections have been made to the proposed improvement or to the proposed method of paying the costs thereof, they shall adopt an order reciting that fact and shall thereupon proceed to construct such system of drainage and pay the costs thereof in accordance with the terms specified in the resolution.
[ 1915 c 153 § 4; RRS § 4246. Formerly RCW 85.04.460, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.074 - Resolution to construct drainage system—Objections to improvement.

RCW 85.05.074
Resolution to construct drainage system—Objections to improvement.
But if objections in writing are filed either to the proposed improvement or to the proposed method of paying the costs thereof, the commissioners shall proceed to hear and consider the same and may, thereupon, order that such proposed improvement be abandoned for the time being or may direct such improvement to be constructed and the order of the commissioners in that regard shall be final and conclusive on all parties interested: PROVIDED, HOWEVER, That no such proceeding shall be abandoned unless the owners of at least twenty-five percent of the acreage within said district shall have at or prior to said hearing, filed protests against the same. But nothing contained in *this act shall be held to forbid the commissioners in their discretion overruling all protests and directing the construction of such improvement.
Commissioners shall likewise hear and consider all objections that may be filed to the proposed method of paying the cost of such improvement.
[ 1915 c 153 § 5; RRS § 4247. Formerly RCW 85.04.460, part.]
NOTES:
*Reviser's note: "this act" appears in 1915 c 153 codified as RCW 85.05.070 through 85.05.079. See also reviser's note following chapter digest.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.075 - Resolution to construct drainage system—Assessment of benefits.

RCW 85.05.075
Resolution to construct drainage system—Assessment of benefits.
In case the commissioners at such hearing shall determine that the benefits accruing to any lot or parcel of lands within said district by reason of the construction of such drainage system are greater or less than the amount theretofore fixed in the original or any subsequent proceeding for the construction of dikes, they shall determine the amount of such benefits to each lot or parcel of land and certify their findings and determination in that regard to the county auditor and the county auditor shall note the same on the transcript of the judgment (and in case there has been any readjustment of assessments of such diking district, then upon such transcript as readjusted).
[ 1915 c 153 § 6; RRS § 4248. Formerly RCW 85.04.465.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.076 - Resolution to construct drainage system—Appeal to supreme court—Trial de novo.

RCW 85.05.076
Resolution to construct drainage system—Appeal to supreme court—Trial de novo.
Any person deeming himself or herself aggrieved by the assessment for benefits made against any lot or parcel of land owned by him or her, may appeal therefrom to the superior court for the county in which the diking district 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 and all notices of appeal shall be filed with the said board, and the board of diking commissioners shall at the appellant's expense certify to the superior court so much of the record as appellant may request, and the hearing in said superior court shall be de novo, and the superior court shall have power and authority to reverse or modify the determination of the commissioners and to certify the result of its determination to the county auditor and shall have full power and authority to do anything in the premises necessary to adjust the assessment upon the lots or parcels of land involved in the appeal in accordance with the benefits.
[ 2013 c 23 § 382; 1915 c 153 § 7; RRS § 4249. Formerly RCW 85.04.475, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.077 - Resolution to construct drainage system—Assessments for drains and dikes to be segregated.

RCW 85.05.077
Resolution to construct drainage system—Assessments for drains and dikes to be segregated.
In all cases wherein it is finally determined that the assessments for the system of drainage differ from the assessment theretofore made, as to any tract or parcel of land within said diking district, the diking commissioners in making their annual estimate shall segregate the amount necessary to be raised for the construction, repair and maintenance of the system of drainage or for the payment of the principal or interest of any bonds issued for drainage purposes from the amount necessary to be raised for all other diking purposes and the county auditor in apportioning said estimate for drainage purposes to the lands in such district shall base such apportionment upon the assessment fixed for drainage purposes and shall apportion the remainder of such estimate upon the basis fixed in the original or any subsequent proceeding for all other diking purposes. But in all other cases, the estimate and apportionment shall be made in accordance with existing laws.
[ 1915 c 153 § 8; RRS § 4250. Formerly RCW 85.04.470.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.078 - Resolution to construct drainage system—Bonds to construct drainage system.

RCW 85.05.078
Resolution to construct drainage system—Bonds to construct drainage system.
Authority is hereby given to any diking district heretofore organized, or that may be hereafter organized, to issue bonds of such diking district for the purpose of procuring funds with which to construct a drainage system, such bonds to be issued in accordance with the terms of *RCW 85.05.480.
[ 1915 c 153 § 9; RRS § 4251. Formerly RCW 85.04.480.]
NOTES:
*Reviser's note: RCW 85.05.480 was repealed by 1986 c 278 § 46.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.079 - Resolution to construct drainage system—Appellate review.

RCW 85.05.079
Resolution to construct drainage system—Appellate review.
Either the dike commissioners or any landowner who has appealed to the superior court in accordance with the provisions of *this act may seek appellate review within the time and in the manner prescribed by existing law.
[ 1988 c 202 § 72; 1971 c 81 § 156; 1915 c 153 § 10; RRS § 4252. Formerly RCW 85.04.475, part.]
NOTES:
*Reviser's note: "this act," see note following RCW 85.05.074.
Severability—1988 c 202: See note following RCW 2.24.050.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.080 - Rights-of-way on public land.

RCW 85.05.080
Rights-of-way on public land.
The right, power and authority to acquire the necessary and needed rights-of-way for any and all purposes now existing by law or created by this act, may be acquired by the commissioners of any diking district over, across and upon any land, or interest therein, of the state of Washington or any county of this state, and streets, avenues, alleys or public places of any city, town or municipal corporation of this state: PROVIDED, HOWEVER, That the construction of such dike or dikes shall not have the effect of impairing any right, power or authority now existing on the part of any city or town to construct in, upon, underneath, above or across such dike or dikes, sewers, water pipes, mains, or the granting of any franchise thereon, or the improvement by way of planking, replanking, paving, repaving or any other power, right or authority which but for this act such city or town would have in or to such street, avenue, alley or public place; except, however, that such right, power or authority on behalf of such city or town shall not be exercised either by such city or town or by any person, persons, firms or corporations to whom it might grant any right or franchise, which will materially impair the efficiency of such dike or dikes. The provisions of this section as regards said system of dikes to be located within the boundaries of any incorporated city or town shall apply to the extension or enlargement of any dike or dikes already existing upon, over and across any street, avenue, alley or public place of any city or town, as well as the original construction thereof.
[ 1907 c 95 § 2; RRS § 4253. Formerly RCW 85.04.415.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.081 - Organization—Matters to be set in notices, petitions or proceedings.

RCW 85.05.081
Organization—Matters to be set in notices, petitions or proceedings.
In all proceedings hereafter had to organize diking districts, all notices, petitions or proceedings shall contain and set forth all matters and things required by existing law, and in addition thereto shall contain and set forth, so far as is necessary or applicable, all matters and things required by the provisions of this act, and all diking districts now existing, which may exercise any of the rights, powers or authority conferred by the provisions of this act, the proceedings to obtain the benefits hereof, must contain such allegations, and such steps and proceedings must be taken, as is rendered necessary by the provisions of this act; and the commissioners of existing diking districts are hereby given the right, power and authority to institute all proceedings and to take all necessary steps to secure the benefits of the provisions of this act, and all proceedings to secure the benefits thereof and all judgments to be rendered in such proceedings, including the filing of transcripts and the making of levies, and all other proceedings, shall be in addition to proceedings, assessments or levies, theretofore made in any prior proceedings.
[ 1907 c 95 § 3; RRS § 4254.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.082 - Beds and shores of streams granted to district.

RCW 85.05.082
Beds and shores of streams granted to district.
All the right, title and interest of the state of Washington in and to so much of the beds and shores of any navigable river, stream, waterway or watercourse located within the boundaries of any diking district up to and including the line of ordinary high tide in waters where the tide ebbs and flows, and up to and including the line of ordinary high water within the banks of all navigable rivers and lakes, to the extent that the same under any proceedings to be had under this act shall cease to become a part of such river, stream, waterway or watercourse by reason of the diversion of such river, stream, waterway or watercourse, under any proceedings had under this act, are hereby given, granted and vested in the respective diking districts now existing or hereafter to be formed; and the commissioners of such respective diking districts are hereby given the right, power and authority to sell such beds and shores in such manner and upon such notices and proceedings as govern, under existing laws of this state, the board of county commissioners in the sale and disposition of any real estate belonging to counties of this state. The proceeds of such sales are to be used for the benefits of such diking district in the payment of any expenses connected with the construction of such dikes or maintenance thereof: PROVIDED, HOWEVER, That the commissioners of such diking district may, in their discretion, exchange such abandoned beds and shores for other property needed in the straightening, deepening or widening of such rivers, watercourses or streams; and which exchange may be made upon such terms, conditions and in such areas as in the discretion of such commissioners they may deem advisable and for the best interests of such diking district, without any notice or other formality of proceedings whatever.
[ 1907 c 95 § 4; RRS § 4255. Formerly RCW 85.04.445.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.083 - Auditor to sign petition for his county, when.

RCW 85.05.083
Auditor to sign petition for his county, when.
Whenever the county owns any land situated within the boundaries of a proposed diking district, the county auditor, when so directed by the board of county commissioners of the county in which such lands are situated, is hereby authorized to sign the petition praying for the formation of such diking district for and on behalf and as the act and deed of such county, and when so signed the same shall be considered in determining the question of a majority signature in acreage to the petition for the formation of such district.
[ 1907 c 95 § 5; RRS § 4256. Formerly RCW 85.04.430.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.085 - Commissioners, duty of.

RCW 85.05.085
Commissioners, duty of.
The board of dike commissioners shall consist of three elected commissioners. The initial commissioners shall be appointed, and the elected commissioners elected, as provided in chapter 85.38 RCW. The board of dike commissioners shall have the exclusive charge of the construction and maintenance of all dikes or dike systems which may be constructed within the district, and shall be the executive officers thereof, with full power to bind the district by their acts in the performance of their duties, as provided by law.
[ 1985 c 396 § 37; 1921 c 146 § 5; 1895 c 117 § 8; RRS § 4257. Cf. 1883 p 31 § 2; Code 1881 § 2527. Formerly RCW 85.04.045, part.]
NOTES:
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.090 - Petition for improvement—Contents.

RCW 85.05.090
Petition for improvement—Contents.
Whenever it is desired to prosecute the construction of a system of dikes within said district, said district, by and through its board of commissioners, shall file a petition in the superior court of the county in which said district is located, setting forth therein the route over which the same is to be constructed, with a complete description thereof, together with specifications for its construction, with all necessary plats and plans thereof, together with the estimated cost of such proposed improvement, showing therein the names of the landowners whose lands are to be benefited by such proposed improvement; the number of acres owned by each landowner, and the maximum amount of benefits per acre to be derived by each landowner set forth therein from the construction of said proposed improvement, and that the same will be conducive to the public health, convenience and welfare, and increase the value of all of said property for purposes of public revenue. Said petition shall further set forth the names of the landowners through whose land the right-of-way is desired for the construction of said dikes; the amount of land necessary to be taken therefor, and an estimate of the value of said lands so sought to be taken for such right-of-way, and the damages sustained by any person or corporation interested therein, if any, by reason of such appropriation, irrespective of the benefits to be derived by such landowners by reason of the construction of said system. Such estimate shall be made, respectively, to each person through whose land said right-of-way is sought to be appropriated. Said petition shall set forth as defendants therein all the persons or corporations to be benefited by said improvement, and all persons or corporations through whose land the right-of-way is sought to be appropriated, and all persons or corporations having any interest therein, as mortgagee or otherwise, appearing of record, and shall set forth that said proposed system of dikes is necessary for the protection of all the lands from overflow described in said petition, and that all lands sought to be appropriated for said right-of-way are necessary to be used as a right-of-way in the construction and maintenance of said improvements; and when the proposed improvement will protect or benefit the whole or any part of any public or corporate road or railroad, so that the traveled track or roadbed thereof will be improved by the construction of said dikes, such fact shall be set forth in said petition, and such public or private corporations owning said road or railroad shall be made parties defendant therein, and the maximum amount of benefits to be derived from such proposed improvement shall be estimated in said petition against said road or railroad.
[ 1895 c 117 § 9; RRS § 4258. Formerly RCW 85.04.050, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.100 - Petition for improvement—Employment of assistants—Compensation as costs in suits.

RCW 85.05.100
Petition for improvement—Employment of assistants—Compensation as costs in suits.
In the preparation of the facts and data to be inserted in said petition and filed therewith for the purpose of presenting the matter to the said superior court, the board of commissioners of said diking district may employ one or more good and competent surveyors and drafters to assist them in compiling data required to be presented to the court with said petition as hereinbefore provided, and such legal assistance as may be necessary, with full power to bind said district for the compensation of such assistants or employees employed by them, and such services shall be taxed as costs in the suit.
[ 2013 c 23 § 383; 1895 c 117 § 10; RRS § 4259. Formerly RCW 85.04.055, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.135 - Special assessments—Budgets—Alternative methods.

RCW 85.05.135
Special assessments—Budgets—Alternative methods.
RCW 85.38.140 through 85.38.170 constitute a mutually exclusive alternative method by which diking 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 diking districts created after July 28,1985, may measure and impose special assessments and adopt budgets.
[ 1985 c 396 § 24.]
NOTES:
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.140 - Proceedings may be dismissed when.

RCW 85.05.140
Proceedings may be dismissed when.
In case the damages or amount of compensation for such right-of-way, together with the estimated cost of the improvement, amount to more than the maximum amount of benefits which will be derived from said improvement, or if said improvement is not practicable, or will not be conducive to the public health, welfare and convenience, or will not increase the public revenue, the court shall dismiss such proceedings, and in such case a judgment shall be rendered for the costs of said proceedings against said district, and no further proceedings shall be had or done therein; and upon the payment of the costs, said organization shall be dissolved by decree of said court.
[ 1895 c 117 § 14; RRS § 4263. Formerly RCW 85.04.070, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.150 - Procedure to claim awards.

RCW 85.05.150
Procedure to claim awards.
Any person or corporation claiming to be entitled to any money ordered paid by the court, as provided in this act, may apply to the court therefor, and upon furnishing evidence satisfactory to the court that he or she is entitled to the same, the court shall make an order directing the payment to such claimant of the portion of such money as he or she or it may be found entitled to; but if, upon application, the court or judge thereof shall decide that the title to the land, real estate, or premises specified in the application of such claimant is in such condition as to require that an action be commenced to determine the title of claimants thereto, it shall refuse such order until such action is commenced and the conflicting claims to such land, real estate, or premises be determined according to law.
[ 2013 c 23 § 386; 1895 c 117 § 15; RRS § 4264. Formerly RCW 85.04.210, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.160 - Transcript of benefits to auditor—Assessments—Collection.

RCW 85.05.160
Transcript of benefits to auditor—Assessments—Collection.
Upon the entry of the judgment upon the verdict of the jury, the clerk of said court shall immediately prepare a transcript, which shall contain a list of the names of all the persons and corporations benefited by said improvement and the amount of benefit derived by each, respectively, and shall duly certify the same, together with a list of the lands benefited by said improvement belonging to each person or corporation, and shall file the same with the auditor of the county, who shall immediately enter the same upon the tax rolls of his or her office, as provided by law for the entry of other taxes, against the land of each of the said persons named in said list, together with the amounts thereof, and the same shall be subject to the same interest and penalties in case of delinquency as in case of general taxes, and shall be collected in the same manner as other taxes and subject to the same right of redemption and the lands sold for the collection of said taxes shall be subject to the same right of redemption as in the sale of lands for general taxes: PROVIDED, That said assessment shall not become due and payable except at such time or times and in such amount as may be designated by the board of commissioners of said dike district, which designation shall be made to the county auditor by said board of commissioners of said diking district, by serving a written notice upon the county auditor designating the time and the amount of the assessment, said assessment to be in proportion to benefits, to become due and payable, which amount shall fall due at the time of the falling due of general taxes, and the amount so designated shall be added by the auditor to the general taxes of said person, persons, or corporations, according to said notice, upon the assessment rolls in his or her said office, and collected therewith: AND PROVIDED FURTHER, That no one call for assessments by said commissioners shall be in an amount to exceed twenty-five percent of the actual amount necessary to pay the costs of the proceedings, and the establishment of said district and system of dikes and the cost of construction of said work.
[ 2013 c 23 § 387; 1895 c 117 § 16; RRS § 4265. Formerly RCW 85.04.080, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.170 - Tax to pay cost on dismissal.

RCW 85.05.170
Tax to pay cost on dismissal.
In the event of the dismissal of said proceedings and the rendition of judgment against said district, as hereinbefore provided, said diking commissioners shall levy a tax upon all of the real estate within said district, taking as a basis the last equalized assessment of said real estate for state and county purposes, sufficient to pay said judgment, and the cost of levying said tax, and shall cause said tax roll to be filed in the office of the clerk of the superior court in which such judgment was rendered. If said tax is not paid within sixty days after the filing of said tax roll, the court shall, upon the application of any party interested, direct said real estate to be sold in payment of said tax, said sale to be made in the same manner and by the same officer, as is or may be provided by law for the sale of real estate for taxes for general purposes; and the same rate of redemption shall exist as in the sale of real estate for the payment of taxes for general purposes.
[ 1895 c 117 § 17; RRS § 4266. Formerly RCW 85.04.075, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.180 - Construction—Contractors—Performance bonds.

RCW 85.05.180
Construction—Contractors—Performance bonds.
After the filing of said certificate said commissioners of such diking district shall proceed at once in the construction of said improvements, and in carrying on said construction or any extension thereof they shall have full charge and management thereof, and shall have the power to employ such assistance as they may deem necessary, and purchase all material that may be necessary in the construction and carrying on of the work of said improvement, and shall have power to let the whole or any portion of said work to any responsible contractor, and shall in such case enter into all necessary agreements with such contractor that may be necessary in the premises: PROVIDED, That in case the whole or any portion of said improvement is let to any contractor, said commissioners shall require such contractor to give a bond in double the amount of the contract price of the whole or of such portion of said work covered by such contract, with two or more good and sufficient sureties to be approved by the board of commissioners of said diking district and running to said district as obligee therein, conditioned for the faithful and accurate performance of said contract by said contractor, his or her executors, administrators, or assigns, according to the terms and conditions of said agreement, and shall cause said contractor to enter into a further and additional bond in the same amount, with two or more good and sufficient sureties to be approved by said board of commissioners of said diking district in the name of said district as obligee therein, conditioned that said contractor, his or her executors, administrators, or assigns, or subcontractor, his or her executors, administrators, or assigns, shall perform the whole or any portion of said work under contract of said original contractor; shall pay or cause to be paid all just claims of all persons performing labor or rendering services in the construction of said work, or furnishing materials, merchandise, or provisions of any kind or character used by said contractor or subcontractor, or any employee thereof in the construction of said improvement: PROVIDED FURTHER, That no sureties on said last mentioned bond shall be liable thereon unless the persons or corporations performing said labor and furnishing said materials, goods, wares, merchandise, and provisions, shall, within ninety days after the completion of such improvement, file their claim, duly verified, that the amount is just and due and remains unpaid, with the commissioners of said diking district.
[ 2013 c 23 § 388; 1895 c 117 § 18; RRS § 4267. Formerly RCW 85.04.095, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.200 - Payments on contracts—Retained percentage.

RCW 85.05.200
Payments on contracts—Retained percentage.
During the construction of said improvement said commissioners shall have the right to allow payment thereof, in installments as the work progresses, in proportion to the amount of work completed: PROVIDED, That no allowance or payment shall be made for said work to any contractor or subcontractor to exceed seventy-five percent of the proportionate amount of the work completed by such contractor or subcontractor, and twenty-five percent of the contract price shall be reserved at all times by said board of commissioners until such work is wholly completed, and shall not be paid upon the completion of said work until ninety days have expired for the presentation of all claims for labor performed and materials, goods, wares, merchandise and provisions furnished or used in the construction of said improvement; and upon the completion of said work and the payment of all claims hereinbefore provided for, according to the terms and conditions of said contract, said commissioners shall accept said improvement and pay the contract price therefor.
[ 1895 c 117 § 20; RRS § 4269. Formerly RCW 85.04.105, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.220 - Connecting with other diking systems.

RCW 85.05.220
Connecting with other diking systems.
In case it shall be found necessary to enlarge or strengthen the system of dikes sought to be connected with, by reason of such connection, the jury shall determine the cost of such enlarging or strengthening, and said petitioner district shall have the right, by and through its representatives, assistants and employees, to make such improvement on the system of such other district as may have been found necessary upon the hearing of said petition, and the costs thereof shall be assessed against the landowners of said petitioner district to be benefited by the construction of said entire system, and no additional cost or burden, by reason of such improvement, shall be thrown upon the landowners of said district sought to be connected with.
[ 1895 c 117 § 22; RRS § 4271. Formerly RCW 85.04.435, part and 85.04.440.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.230 - Action by district to prevent washing away of stream banks.

RCW 85.05.230
Action by district to prevent washing away of stream banks.
Where any diking system is sought to be constructed by any district organized under the provisions of this act along any river or watercourse to prevent overflow therefrom, and it shall become necessary to provide against the washing away of the banks of said river or watercourse so as to prevent injury to such proposed diking system, or any system which may have already been completed, such district, by and through its board of commissioners, may make such portions of lands lying along said dikes which are threatened to be washed away by said river or watercourse part of the right-of-way of said dike system, and may construct along the banks of said river or watercourse, as a part of said diking system, such protection as may be necessary to protect said dike, and in such cases such tract or parcel of land may be condemned and appropriated under the law of eminent domain as provided herein as a part of the right-of-way of such dike system; and when not condemned or appropriated at the time said system is established and constructed, said diking district, by and through its board of commissioners, may, at any time thereafter, when any portion of said system is threatened to be washed away by such river or watercourse, file their petition with the court condemning and appropriating for the use of said district so much of the land lying along said river or watercourse as may be necessary to be used for the protection of said diking system, and the proceedings therein for the making of compensation therefor and the payment of damages by reason of such appropriation shall be the same, or as near as may be applicable, as other proceedings for the condemnation of right-of-way provided for in this act.
[ 1895 c 117 § 23; RRS § 4272. Formerly RCW 85.04.420, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.240 - Action by district to prevent washing away of stream banks—Expenses for appropriation of land.

RCW 85.05.240
Action by district to prevent washing away of stream banks—Expenses for appropriation of land.
Whenever any land is appropriated along the bank of any river or watercourse, as provided for in the last preceding section, the expenses of such appropriation, including the costs and damages to be paid therefor—when such appropriation is taken subsequently to the construction of any system of dikes under the provisions of this act—shall be added to the annual cost of the maintenance of said system and be paid as such, as provided herein.
[ 1895 c 117 § 24; RRS § 4273. Formerly RCW 85.04.420, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.250 - Dikes along public road.

RCW 85.05.250
Dikes along public road.
In the construction of any diking system under the provisions of this act, where it is desired to construct the same along the right-of-way of any public road which has theretofore been legally established, said district shall have a right to construct its dikes along such road: PROVIDED, That the dikes so constructed along such road shall not destroy or impair the same for the use of the public convenience as a public highway; and in case of the construction or improvement of any dike along any public highway, such dike shall be constructed of sufficient width and in such manner as will be conducive to the public as a public highway.
[ 1895 c 117 § 25; RRS § 4274. Formerly RCW 85.04.425.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.260 - Incorporated town may act as or be included in diking district.

RCW 85.05.260
Incorporated town may act as or be included in diking district.
Any town or city already incorporated, or which may hereafter be incorporated, may exercise the functions of a diking district under the provisions of this act, or the whole or any portion of any such town or city may be included with other territory in a common district under the provisions for the establishment thereof as provided for herein.
[ 1895 c 117 § 26; RRS § 4275. Formerly RCW 85.04.115, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.270 - Estimate for maintenance and repair—Emergency expenditures.

RCW 85.05.270
Estimate for maintenance and repair—Emergency expenditures.
On or before the first day of November of each year the diking commissioners shall, and on or before the first Monday in October of each year the drainage commissioners shall, make and certify to the county auditor an estimate of the cost of maintenance and repair of the improvement for the ensuing year. The amount thereof shall be levied against the land in the district in proportion to the maximum benefits assessed, and shall be added to the general taxes and collected therewith. If such estimate of the cost of maintenance and repair against any tract or contiguous tracts owned by one person or corporation is less than two dollars, then the county auditor shall levy such a minimum amount of two dollars against such tract or contiguous tracts, and upon the collection thereof as herein provided shall pay all sums collected into the maintenance and/or repair fund of the district. In case of an emergency the commissioners may incur additional obligations and issue warrants therefor in excess of the estimate.
[ 1959 c 209 § 10. Prior: (i) 1913 c 89 § 2; 1905 c 7 § 2; 1895 c 117 § 27; RRS § 4276. (ii) 1917 c 133 § 2; 1907 c 120 § 1; 1905 c 173 § 3; 1895 c 115 § 24; RRS § 4324. Formerly RCW 85.04.120.]