| OCR Text |
Show 768 WASHINGTON distribution.71 Upon the final determination of rights by the court, the director issues a certificate to each person entitled to the use of water, describing the nature and extent of the right awarded.72 Any person who fails, after proper legal service, to appear in these pro- ceedings and submit proof of his claim is estopped from subsequently asserting any right to the use of water from the source being ad- judicated.73 In addition to the statutory adjudication procedure for determin- ing all of the rights to a water source in one action, any person ag- grieved by any order, decision or determination of the director or any water master may, after exhausting his administrative hearings, appeal the decision and have the matter reviewed by the superior court in the county where the use is situated. But the appeal must be initiated within 20 days of the order or decision. The statute provides that the decision of the director or water master is deemed prima facie correct. While the appeal proceedings are to be informal and summary, there must be a full opportunity to be heard.74 2.3 Other Agencies Having Water Resource Responsibilities In addition to the department of ecology which is charged with water right and water quality administration and regulation, Wash- ington has numerous public agencies at the local level which are involved in water management, conservation, development and con- trol programs: (a) Cities and towns may construct and operate municipal water supply systems and may acquire water rights by appro- priation ,purchase or condemnation;75 (b) Irrigation districts;76 (c) Water districts;77 (d) Soil and water conservation districts;78 (e) Reclamation districts;79 (f) Flood control districts;80 (g) Diking and drainage districts.81 3. Surface Waters A watercourse has been characterized by the Washington court as having a well-defined channel and banks.82 The flow of water need not be continuous, but it must exist for substantial periods of the year, and does not lose its identity because it sinks and flows under- ground at times.83 The appropriation system is of dominant current concern because it governs the acquisition of rights to the unallocated waters of the 71 Sec. 90.03.210. 72 Sec. 90.03.240. 73 Sec. 90.03.220. 7* Sec. 90.03.080; sec. 43.27A.190 and 43.27A.200. 75 Washington Revised Code, ch. 35.92. 79 Washington Revised Code, title 87. 77 Washington Revised Code, title 57. 78 Sees. 89.08.005 to 89.08.900. 7fl Washington Revised Code, chs. 89.12, 89.16 and 89.30. 80 Washington Revised Code, title 86. 81 Washington Revised Code, title 85. 82 Oeddis v. Parrish, Wash, 587, 21 Pac. 314 (1889) ; Hastie v. Jenkins, 58 Washl. 21, 101 Pac. 495 (1909). 83 In re Johnson Greek, 159 Wash. 629, 294 Pac. 566 (1930). |
