Sale and assignment. Certificate as evidence. Issuance unauthorized pending court proeeedings. thereon to date of issuance. Such certificates of delinquency shall constitute a lien against the property upon which such assessments were levied, and shall bear interest from the date of issuance thereof at the rate of twelve (12%) per centum per annum, and may be foreclosed after two years from the date of their issuance in the same manner and with the same effect as mortgages upon real estate are foreclosed. Such certificates may be issued to the city, or may be sold to any person applying therefor. They may be assigned in writing, and the city may sell and assign any and all certificates which may be issued to it upon the payment of the value thereof in principal and accrued interest, in cash. Such certificate shall be prima facie evidence that the land against which the same was issued was subject to the assessment at the time the same was assessed, that the property was assessed as required by law, and that the assessment, or installment thereof, was not paid prior to the issuance of such certificate. No such certificate of delinquency shall be issued upon any property for any assessment or installment thereof during the pendency of any proceedings in court affecting such assessment or installment thereof. Passed the House January 31, 1919. CHAPTER 71. [H. B. 165.] AMENDING WATER CODE AND PROVIDING FOR MAINTE- AN ACT relating to the use of water in the State of Washington, Be it enacted by the Legislature of the State of SECTION 1. That section 11 of Chapter 117 of the Session Laws of 1917 be amended to read as follows: superior Section 11. Any person, corporation or associa- Appeals to tion feeling aggrieved at any order, decision, or de- court. termination of the state hydraulic engineer, or of any assistant or deputy, or any water master, affecting his interests, may have the same reviewed by a proceeding for that purpose, in the nature of an appeal, initiated in the superior court of the county in which the matter affected, or a portion thereof is situated. The proceedings in every such appeal shall be heard and tried by the court and shall be informal and summary, but full opportunity Procedure. to be heard and present evidence shall be had before judgment is pronounced. No such appeal shall be entertained unless notice of appeal containing a statement of the substance of the order, decision, or determination complained of and the manner in which the same injuriously affects the appellant's interests, shall have been served personally upon the state hydraulic engineer, or by registered mail, at his office at the state capital, within twenty days Attorney general to advise and represent engineer. Compensation of assistant detailed to hydraulic service. following the rendition of the order, decision or determination appealed from and communication thereof in writing to the person affected thereby. No bond shall be required except a stay is desired and an appeal shall not be a stay, unless within five days following the service of notice of appeal a bond shall be filed in an amount to be fixed by the court and with sureties satisfactory to the court, conditioned to perform the judgment of the court. Costs shall be paid as in civil cases brought in the superior court, and the practice in civil cases shall apply. Appeal shall lie from the judgment of the superior court as in other civil cases. In all court proceedings under or pursuant to this section the decision of the state hydraulic engineer shall be prima facie correct. The attorney general shall be the legal adviser of the state hydraulic engineer and shall represent him in all proceedings whenever so requested. Wherever it shall appear to the state hydraulic engineer that any litigation, whether now pending or hereafter brought, may adversely affect the rights of the public in water, it shall be his duty to request the attorney general to appear and protect the interests of the state. He shall assign one of his assistants to perform such legal services as may be required in connection with proceedings to determine water rights and may require him to perform such other legal services for the state hydraulic engineer as may be necessary to assist him in the performance of his duties. The proportionate part of the salary and expenses of such assistant for services in connection with the determination of water rights shall be included in the statement of the state hydraulic engineer required by section 21. The state hydraulic engineer may expend such of the funds appropriated for his department for such portion of the salary and expenses of such as sistant as may be agreed upon between the state hydraulic engineer and attorney general. SEC. 2. That section 21 of Chapter 117 of the Session Laws of 1917 be amended to read as follows: ment of Section 21. At the time of filing the statement Fees. as provided in section 17, each defendant shall pay to the clerk of the superior court a fee of one dollar ($1.00). The state hydraulic engineer shall keep a record of the expenses incurred by him in the determination of the rights on any stream, including the proportionate share of the expense of his office, such expense to date from the filing of a petition or the institution of any investigation as provided in section 14. Immediately upon receipt of a decree of the superior court determining the rights of parties as provided in section 23, the state hy- Apportiondraulic engineer shall prepare and file in the su- expenses. perior court a statement of such expense, showing the total expense of the determination and apportioning such expense to the various rights as determined by the court in proportion to the amount of such rights. Such records shall be subject to audit by the bureau of inspection and supervision of Audit. public offices as are other accounts of state offices. The amount of such expense apportioned to each di- certificate verter shall be paid by such diverter before he shall be entitled to receive a certificate of diversion from the state hydraulic engineer. SEC. 3. That Chapter 117 of the Session Laws of 1917 be amended by adding a new section after section 42 thereof to be known as section 42a: of diversion. ditches. Section 42a. In all cases where irrigating ditches Partnership are owned by two or more persons and one or more of such persons shall fail or neglect to do his, her or their proportionate share of the work necessary for the proper maintenance and operation of such maintenance expenses. ditch or ditches or to construct suitable headgates or measuring devices at the points where water is diverted from the main ditch, such owner or owners Recovery of desiring the performance of such work as is reasonably necessary to maintain the ditch, may, after having given ten days' written notice to such owner or owners who have failed to perform his, her or their proportionate share of such work, necessary for the operation and maintenance of said ditch or ditches, perform his, her or their share of such work, and recover therefor from such person or persons so failing to perform his, her or their share of such work in any court having jurisdiction of the matter the expense or value of such work or labor so performed: Provided, that no improvement involving an expenditure in excess of one hundred dollars ($100.00) shall be made without the written approval of the state hydraulic engineer having first been obtained. Division of water between joint owners. SEC. 4. That Chapter 117 of the Session Laws of 1917 be amended by adding thereto a new section to be known as section 42b: Section 42b. When two or more persons, joint owners in an irrigation ditch or reservoir, not incorporated, or their lessees, are unable to agree relative to the division or distribution of water received through their ditch or from their reservoir, and where there is no disagreement as to the ownership of said water, it shall be lawful for any such owner or owners, his or their lessee or lessees, or either of them, to apply to the state hydraulic engineer, in writing, setting forth such fact and giving such information as shall enable the state hydraulic engineer to estimate the probable expense of such service, asking the state hydraulic engineer to apagreements. point some suitable person to take charge of such ditch or reservoir for the purpose of making a just Determina tion of dis |