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Show WASHINGTON 767 mercial waterways in the State. Such districts are authorized to straighten, widen, deepen, and otherwise improve navigable water- ways.62 A canal commission, composed of five members appointed by the Governor, has been created in recent years to aid commerce and navigation, including the development of associated recreation facili- ties.63 2.2 Resolution of Water Use Conflicts Washington has a statutory procedure which provides for a com- prehensive adjudication of rights among users of water from the same source. Such a proceeding is initiated by petition of one or more users from a water source, filed with the director of the de- partment of ecology. If the director determines that the interest of the public will be best served by such a determination, he prepares a statement of facts ,together with a map of the sources being investi- gated, and files this information in the superior court of the county where the water source is situated. This statement must contain the names of all known persons claiming a right from the source in- volved, and a brief statement of facts relating to the necessity for such a determination.64 Once such statement has been filed with the court, summons is issued directing all water users to file a statement setting forth the nature and extent of the right which they claim.65 Summons is served upon all unknown claimants by publication.66 The statement detailing the amount of water claimed must be filed with the court by the water user, and a copy must be submitted to the director.67 Once the service of summons is completed, the director proceeds with the taking of testimony relative to the claims of the individual users.68 When this is completed, the director prepares and files a transcript of the testimony taken with the court, together with his report and all exhibits received as evidence. The court then fixes a time for hearing the director's report, and notifies all users.69 Any interested party, up to 5 days prior to the date of the hearing, may file written exceptions to the director's report. If no exceptions are filed, the court enters a decree determining the rights according to the evidence and the report of the director. If exceptions to the report are filed, the court may, in its discretion, take further evi- dence. An appeal from the district court decision may be taken to the supreme court or to the court of appeals.70 During the pendency of adjudication proceedings and prior to the final judgment, the stream or water source is to be distributed accord- ing to the schedule of rights prepared by the director. However, any interested party may file a bond and obtain an order staying the regulation of the stream under the director's report as to his use. In these situations the court enters an order specifying the manner of «2 Washington Revised Code, chs. 91.04, 91.06, and 91.08. 63 Washington Revised Code, ch. 12. MSec. 90.03.110. «BSec. 90.03.120. «8Sec. 90.03.130. 07 Sec. 90.03.140. «sSec. 90.03.160. 69 Sec. 90.03.190. to Sec. 90.03.200. |
