Revised Code of Washington
2023 Archive

Chapter 85.05 RCW
DIKING DISTRICTS
PDF of Chapter Digest
PDF of Complete Chapter
Sections
85.05.010Districts authorized—Powers—Management.
85.05.065Certain powers and rights governed by chapter 85.38 RCW.
85.05.070Eminent domain—Powers of district.
85.05.071Resolution to construct drainage system.
85.05.072Resolution to construct drainage system—Notice of hearing.
85.05.073Resolution to construct drainage system—Procedure in absence of objections.
85.05.074Resolution to construct drainage system—Objections to improvement.
85.05.075Resolution to construct drainage system—Assessment of benefits.
85.05.076Resolution to construct drainage system—Appeal to supreme court—Trial de novo.
85.05.077Resolution to construct drainage system—Assessments for drains and dikes to be segregated.
85.05.078Resolution to construct drainage system—Bonds to construct drainage system.
85.05.079Resolution to construct drainage system—Appellate review.
85.05.080Rights-of-way on public land.
85.05.081Organization—Matters to be set in notices, petitions or proceedings.
85.05.082Beds and shores of streams granted to district.
85.05.083Auditor to sign petition for his county, when.
85.05.085Commissioners, duty of.
85.05.090Petition for improvement—Contents.
85.05.100Petition for improvement—Employment of assistants—Compensation as costs in suits.
85.05.110Summons—Contents—Service.
85.05.120Appearance of defendants—Jury—Verdict—Decree.
85.05.135Special assessments—Budgets—Alternative methods.
85.05.140Proceedings may be dismissed when.
85.05.150Procedure to claim awards.
85.05.160Transcript of benefits to auditor—Assessments—Collection.
85.05.170Tax to pay cost on dismissal.
85.05.180Construction—Contractors—Performance bonds.
85.05.190Substantial changes in plans—Procedure.
85.05.200Payments on contracts—Retained percentage.
85.05.210Private dikes, how connected—Additional plans—Costs.
85.05.220Connecting with other diking systems.
85.05.230Action by district to prevent washing away of stream banks.
85.05.240Action by district to prevent washing away of stream banks—Expenses for appropriation of land.
85.05.250Dikes along public road.
85.05.260Incorporated town may act as or be included in diking district.
85.05.270Estimate for maintenance and repair—Emergency expenditures.
85.05.280Organization of board—Warrants, how issued.
85.05.355Special assessment bonds.
85.05.360Warrants—When and how paid.
85.05.365Certificates of delinquency—Foreclosure—Sale—Use of proceeds.
85.05.366Funds to purchase delinquent certificates.
85.05.367Lands owned by district exempt from taxation.
85.05.370Trial—Findings and forms of verdict.
85.05.380Public lands subject to assessment—Rights and liabilities of public corporations.
85.05.390Assessments on public lands—How paid.
85.05.400Fees for service of process.
85.05.410Commissioners—Compensation and expenses.
85.05.420Powers of court—Injunctions.
85.05.430Sale of unneeded property—Authorized.
85.05.440Sale of unneeded property—Resolution of intention—Notice of hearing—Publication and posting.
85.05.450Sale of unneeded property—Protests—Resolution of final action—Conveyance.
85.05.460Sale of unneeded property—Conveyance delayed if protests filed—Appeal.
85.05.470Sale of unneeded property—Direct action in superior court by protestant on final order.
85.05.490Levy for preliminary expenses.
85.05.500Levy for preliminary expenses—Preliminary expenses defined.
85.05.540Plat of reclaimed land—Benefits to be determined and paid.
85.05.550Plat of reclaimed land—Construction, application of RCW 85.05.510 through 85.05.550.
85.05.605Annexation of territory—Consolidation of special districts—Suspension of operations—Reactivation.
85.05.610Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress.
85.05.620Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress—Indian trust lands and restricted lands may be included, when.
85.05.630Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress—Vesting of right, title and interest to dikes and land.
85.05.640Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress—Definitions.
85.05.650Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress—Ratification and confirmation of prior acts.
NOTES:
Reviser's note: The language "this act," "this chapter," and words of similar import appear throughout chapter 85.05 RCW. This chapter is almost entirely comprised of the basic diking district act of chapter 117, Laws of 1895, as amended and as expressly added thereto by subsequent enactments. The chapter is codified in the session law order of the basic act with a few independent sections which are in pari materia being also codified herein. Some sections were expressly added to the chapter of the code or compilation in which the basic act was currently published at the time of the particular enactment. Similarly some sections were amended by reference to the compilation number only. Some of these sections contain the language "this act," "this chapter," or both which appear in the session law either as original language or as reenactments of the compiler's translation. Therefore, throughout chapter 85.05 RCW such language is retained, wherever it appears, in the most recent session law reenactment. Situations concerning effective dates of particular acts or having express restrictive applications are otherwise specially noted.
Validation—1915 c 163: "Section 1. Whenever a petition for the formation of a diking district, under the provisions of section 4092 of Rem. & Bal. Code, shall have been filed with the board of county commissioners of any county, and such petition shall have conformed to the requirements of said section, except that the description of the proposed system of diking, the route over which the same is to be constructed, and the proposed spurs or branches, and the termini thereof, shall not have been definitely set forth in said petition, or said petition shall have been defective in any particular, and whenever said petition shall have been published, as required in section 4093 of Rem. & Bal. Code and a hearing shall have been held thereon, and supplemental petitions shall have been filed, and the board of county commissioners shall have, at the final hearing, entered findings and an order granting the prayer of the petitioners, in whole or in part, as provided in said section 4093, and said board of county commissioners shall have given notice of an election to be held in such proposed diking district, and shall have appointed officers of election in the manner prescribed in section 4094 of Rem. & Bal. Code, and such election shall have been held, and the board of county commissioners shall have counted and canvassed the votes cast thereat, and it shall have appeared that a majority of the votes cast were for "Dike Districts Yes," and the board shall have entered an order upon its records declaring the proposed territory duly organized as a diking district, and given such district a proper number, followed by the name of the county and state, and declared the three persons receiving respectively the highest number of votes the duly elected dike commissioners of such diking district, and caused a copy of the order entered of record, to be duly certified and filed in the office of the secretary of state, in the manner prescribed in section 4095 of Rem. & Bal. Code, the organization of said diking district so attempted to be organized shall be deemed complete, and the organization of any such diking district so attempted to be organized in the manner hereinabove set forth, is hereby validated, and said diking district is hereby declared to be a duly organized and established diking district." [1915 c 163 § 1.]
Special district creation and operation: Chapter 85.38 RCW.