BILL REQ. #:  S-4300.1 

Read first time 01/28/2004.   Referred to Committee on Natural Resources, Energy & Water.

     BE IT RESOLVED, BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE STATE OF WASHINGTON, IN LEGISLATIVE SESSION ASSEMBLED:
     THAT, At the next general election to be held in this state the secretary of state shall submit to the qualified voters of the state for their approval and ratification, or rejection, an amendment to Article IV, section 6 of the Constitution of the state of Washington to read as follows:

     Article IV, section 6. Superior courts and district courts have concurrent jurisdiction in cases in equity. Except as provided in Article IV, section ..., the superior court shall have original jurisdiction in all cases at law which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll, or municipal fine, and in all other cases in which the demand or the value of the property in controversy amounts to three thousand dollars or as otherwise determined by law, or a lesser sum in excess of the jurisdiction granted to justices of the peace and other inferior courts, and in all criminal cases amounting to felony, and in all cases of misdemeanor not otherwise provided for by law; of actions of forcible entry and detainer; of proceedings in insolvency; of actions to prevent or abate a nuisance; of all matters of probate, of divorce, and for annulment of marriage; and for such special cases and proceedings as are not otherwise provided for. The superior court shall also have original jurisdiction in all cases and of all proceedings in which jurisdiction shall not have been by law vested exclusively in some other court; and said court shall have the power of naturalization and to issue papers therefor. They shall have such appellate jurisdiction in cases arising in justices' and other inferior courts in their respective counties as may be prescribed by law. They shall always be open, except on nonjudicial days, and their process shall extend to all parts of the state. Said courts and their judges shall have power to issue writs of mandamus, quo warranto, review, certiorari, prohibition, and writs of habeas corpus, on petition by or on behalf of any person in actual custody in their respective counties. Injunctions and writs of prohibition and of habeas corpus may be issued and served on legal holidays and nonjudicial days.



     THAT, At the next general election to be held in this state the secretary of state shall submit to the qualified voters of the state for their approval and ratification, or rejection, an amendment to Article IV of the Constitution of the state of Washington by adding a new section to read as follows:
     Article IV, section . . . (1) Authorization. In addition to the courts authorized in section 1 of this article, judicial power is vested in a water court.
     (2) Jurisdiction. The jurisdiction of the water court shall be as provided by statute or by rules authorized by statute.
     (3) Review of Water Court Actions. Water court actions may be reviewed by the court of appeals or by the supreme court as provided by statute or by rule authorized by statute.
     (4) Judges. The number of judges of the water court shall be as provided by statute.
     (5) Election. The election of water court judges shall be held in the same manner as the election of superior court judges, except that water court judges shall serve six-year terms and shall reside within the court of appeals division in which they serve. All registered voters residing within a court of appeals division are eligible to vote in a water court judge election for that division. Water court division one includes Whatcom, Skagit, Snohomish, King, San Juan, and Island counties. Water court division two includes Clallam, Jefferson, Kitsap, Mason, Grays Harbor, Pierce, Thurston, Lewis, Pacific, Wahkiakum, Cowlitz, Skamania, and Clark counties. Water court division three includes Pend Orielle, Stevens, Ferry, Okanogan, Chelan, Douglas, Lincoln, Spokane, Whitman, Adams, Grant, Kittitas, Yakima, Klickitat, Benton, Franklin, Walla Walla, Columbia, Garfield, and Asotin counties.
     (6) Removal and Retirement. Removal and retirement provisions for water court judges shall be the same as the removal and retirement provisions for superior court judges.
     (7) Administration and Procedure. The administration and procedures of the water court shall be as provided by rules issued by the supreme court.
     (8) Conflicts. The provisions of this section shall supersede any conflicting provisions in prior sections of this article.

     BE IT FURTHER RESOLVED, That the secretary of state shall cause notice of this constitutional amendment to be published at least four times during the four weeks next preceding the election in every legal newspaper in the state.
     BE IT FURTHER RESOLVED, That this amendment is a single amendment within the meaning of Article XXIII, section 1 of the state Constitution.

     The legislature finds that the changes contained in this amendment constitute a single integrated plan for the establishment of a water court. If this amendment is held to be separate amendments, this joint resolution is void in its entirety and is of no further force and effect.