S-430                 _______________________________________________

                                                   SENATE BILL NO. 3021

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State of Washington                              49th Legislature                              1985 Regular Session

By Senator Barr

Prefiled with Secretary of the Senate 12/26/84.  Read first time 1/15/85 and referred to Committee on Agriculture.

AN ACT Relating to water rights; and amending RCW 90.03.140 and 90.03.180.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 17, chapter 117, Laws of 1917 as amended by section 2, chapter 122, Laws of 1929 and RCW 90.03.140 are each amended to read as follows:

          On or before the return day of such summons, each defendant shall file in the office of the clerk of said court a statement, and therewith a copy thereof for the supervisor of water resources, containing substantially the following, to wit:

          (1) The name and post office address of defendant.

          (2) The full nature of the right, or use, on which the claim is based.

          (3) The time of initiation of such right and commencement of such use.

          (4) The date of beginning and completion of construction.

          (5) The dimensions and capacity of all ditches existing at the time of making said statement.

          (6) The amount of land under irrigation and the maximum quantity of water used thereon prior to the date of said statement and if for power, or other purposes, the maximum quantity of water used prior to date of said statement.

          (7) The legal description of the land upon which said water has been, or may be, put to beneficial use, and the legal description of the subdivision of land on which the point of diversion is located.

          Such statement shall be verified on oath by the defendant, and in the discretion of the court may be amended.  For the purposes of filing a statement, a husband and wife, or a related family group, shall be considered one defendant.

        Sec. 2.  Section 21, chapter 117, Laws of 1917 as last amended by section 2, chapter 15, Laws of 1982 and RCW 90.03.180 are each amended to read as follows:

          At the time of filing the statement as provided in RCW 90.03.140, each defendant shall pay to the clerk of the superior court a fee of twenty-five dollars:  PROVIDED, That not more than one fee shall be collected for the filing of a statement by a husband and wife, or a related family group.