(1) Upon the filing of
the statement and map as provided in RCW 90.03.110 the judge of
such superior court shall make an order directing summons to be
issued, and fixing the return day thereof, which shall be not
less than one hundred nor more than one hundred thirty days,
after the making of such order: PROVIDED, That for good cause,
the court, at the request of the department, may modify said time
period.
(2) A summons issued under this section shall be issued out
of said superior court, signed and attested by the clerk thereof,
in the name of the state of Washington, as plaintiff, against all
known persons identified by the department under RCW 90.03.110.
The summons shall contain a brief statement of the objects and
purpose of the proceedings and shall require the defendants to
appear on the return day thereof, and make and file an
adjudication claim to, or interest in, the water involved and a
statement that unless they appear at the time and place fixed and
assert such right, judgment will be entered determining their
rights according to the evidence: PROVIDED, HOWEVER, That any
persons claiming the right to water by virtue of a contract with
a claimant to the right to divert the same, shall not be
necessary parties to the proceeding.
(3) To the extent consistent with court rules and subject to
the availability of funds provided either by direct appropriation
or funded through the administrative office of the courts for
this specific adjudicative proceeding, the court is encouraged to
conduct the water rights adjudication employing innovative
practices and technologies appropriate to large scale and complex
cases, such as: (a) Electronic filing of documents, including
notice and claims; (b) appearance via teleconferencing; (c)
prefiling of testimony; and (d) other practices and technologies
consistent with court rules and emerging technologies.
[2009 c 332 § 2; 1987 c 109 § 73; 1977 ex.s. c 357 § 1; 1917 c 117 § 15; RRS § 7365. Formerly RCW 90.12.020.]
NOTES:
Application -- 2009 c 332: See note following RCW 90.03.110.
Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001.