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· 4/29/1914

Board of Directors of Quincy Valley Irrigation District v. Scott

Citations

  • 79 Wash. 434
  • 140 P. 391
  • 1914 Wash. LEXIS 1203

Syllabus

<p>Waters and Water Courses — Irrigation District — Proceedings to Establish — Conclusiveness — Appeal — Objections Not Raised Below. Where the record shows that directors of an irrigation district in their estimate, and the electors approving the estimate, determined that the sums proposed to be raised were reasonable and necessary, the same is conclusive upon appeal by a property owner who merely demurred to the petition, and offered no allegation or proof on the subject.</p> <p>Same — Irrigation District — Petition to Establish — Sufficiency. A petition for the organization of an irrigation district, under Rem. & Bal. Code, §§ 6489-6494, is not fatally defective in failing to set forth the boundaries of the district, where it contained a direct reference to the order of the county commissioners fixing the boundaries.</p> <p>Same. An allegation in a petition to organize an irrigation dis trict under Rem. & Bal. Code, §§ 6489-6494, that notices of the election were posted in three public places in each election precinct in the district, a convenient number of which had been established, is sufficiently definite and certain in that respect, on general demurrer, there being no motion to make more specific.</p> <p>Same. A petition to organize an irrigation district is not fatally defective in failing to allege that the estimate by the directors of the amount of money necessary to be raised was made on the advice and with the assistance of a competent engineer, the statute not requiring such advice, but only that the directors make the estimate.</p> <p>Statutes — Titles and Subjects — Amendment. The title “An act relating to the organization and government of irrigation districts, and amending” specified sections of Remington and Ballinger’s Code, is sufficient to authorize the amendment of § 6417, amending the requirement that a petition for organization of a district be presented at a regular meeting, so that it might be presented at a special meeting.</p>

Judges: Fullerton

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