All
diking districts organized under the provisions of this act shall
have the right of eminent domain with the power by and through
its board of commissioners to cause to be condemned and
appropriated private property for the use of said organization,
in the construction and maintenance of a system of dikes and make
just compensation therefor; that the property of private
corporations may be subjected to the same rights of eminent
domain as private individuals, and said board of commissioners
shall have the power to acquire by purchase all of the real
property necessary to make the improvements provided for by this
act. All diking districts and the commissioners thereof now
organized and existing, and all diking districts hereafter to be
organized, and the commissioners thereof shall have in addition
to the rights, powers and authority now conferred by any law of
this state:
(1) The right, power and authority to straighten, widen,
deepen and improve any and all rivers, watercourses or streams,
whether navigable or otherwise, flowing through or located within
the boundaries of such diking district, or any rivers,
watercourses or streams which shall at any time by their overflow
damage the land within the boundaries of any such diking
district.
(2) To construct all needed and auxiliary dikes, drains,
ditches, canals, flumes, locks and all other necessary artificial
appliances, wherever situated, in the construction of a diking
system and which may be necessary or advisable to protect the
land in any diking district from overflow, or to provide an
efficient system of drainage for the land situated within such
diking district, or to assist and become necessary in the
preservation and maintenance of such diking system.
(3) In the accomplishment of the foregoing objects, the
commissioners of such diking districts are hereby given, in
addition to the right and power of eminent domain now conferred
by law upon the commissioners of any diking district, the right,
power and authority by purchase, or the exercise of the power and
authority of eminent domain, or otherwise, to acquire all
necessary or needed rights-of-way in the straightening, deepening
or widening of such rivers, watercourses or streams, and such
auxiliary drains, ditches or canals hereinabove mentioned, and
when so acquired shall have and are hereby given the right, power
and authority, by and with the consent and approval of the United
States government, in cases where such consent is necessary, to
divert, alter or change the bed or course of any such river,
watercourse or stream aforesaid, or to deepen or widen the same.
All diking districts and the commissioners thereof are
further given the right, power and authority to join and contract
with any other diking district or districts for the joint
construction of any of the foregoing works, appliances, or
improvements, whether such works, appliances or improvements are
located within the boundaries of any or all of the contracting
districts.
[1939 c 117 § 1; 1915 c 153 § 1; 1907 c 95 § 1; 1895 c 117 § 7; RRS § 4243. Prior: 1883 p 30 § 1; Code 1881 § 2523. Formerly RCW 85.04.410.]