In its capacity as
successor to the canal commission, the department of
transportation may:
(1) Adopt rules and regulations necessary to carry out the
purposes of this chapter.
(2) Make such investigations, surveys, and studies it deems
necessary to determine the feasibility of the development of a
navigation canal, or systems of navigation canals within the
state of Washington.
(3) Construct, maintain, and/or operate any navigation
canal, or navigation canal systems deemed feasible by the
department of transportation.
(4) Acquire by gift, purchase, or condemnation from any
person, municipal, public, or private corporation, or the state
of Washington, or lease from the United States of America, any
lands, rights-of-way, easements, or property rights in, over, or
across lands or waters necessary for the construction, operation,
or maintenance of any navigation canal, or navigation canal
system. The acquisition of such rights is for a public use. The
exercise of the right of eminent domain shall be in the manner
provided by chapter 8.04 RCW, and all actions initiated
thereunder shall be brought in the name of the department of
transportation.
(5) Hold public hearings. Prior to a determination of
feasibility for any proposed project, the department shall hold a
public hearing so that members of the public may present their
views thereon.
(6) Accept and expend moneys appropriated by the legislature
or received from any public or private source, including the
federal government, in carrying out the purposes of this chapter.
(7) Negotiate and cooperate with the United States of
America for the purpose of inducing the United States to
undertake the construction, operation, or maintenance of any
navigation canal, or navigation canal system provided for in this
chapter.
(8) As a local sponsor cooperate, contract, and otherwise
fully participate on behalf of the state of Washington with the
United States of America, in any study relating to a
determination of feasibility of a navigation canal or navigation
canal system, and in any project relating to the construction,
operation, or maintenance of a navigation canal, or navigation
canal system to be undertaken by the United States of America.
The authority granted herein includes, but is not limited
to, contributing such moneys to the United States of America as
may be required and appropriated for that purpose by the
legislature and furnishing without cost to the United States of
America all lands, easements, and rights-of-way, performing all
necessary alterations to utilities arising from any project, and
holding the United States of America free from any claims for
damages arising out of the construction of any project.
[1977 ex.s. c 151 § 75; 1965 ex.s. c 123 § 5. Formerly RCW 91.12.050.]