Hanson v. Kittitas Reclamation District

Citations

• 75 Wash. 297
• 134 P. 1083
• 1913 Wash. LEXIS 2223

Syllabus

<p>Waters and Water Courses — Irrigation Districts — Organization — Proceedings—Jurisdiction. In forming an irrigation district under Rem. & Bal. Code, §§ 6416-6494, providing that tbe county commissioners shall hear the petition and make such changes in the boundaries as they find proper, by excluding lands of a certain class and condition and including lands improperly omitted, the commissioners have jurisdiction to determine whether the lands included have a sufficient water supply for irrigation from any source, and their decision thereon is final and conclusive, unless set aside or annulled by a court in a proceeding to review the same; notwithstanding that the law provides that the board shall not include “any lands which will not, in the judgment of said board, be benefited by irrigation by said system, or which have a sufficient water supply for irrigation from any source.”</p> <p>Same — Proceedings — Confirmation— Conclusiveness — Notice— Estoppel. Landowners in an irrigation district are estopped from asserting that they had no notice of the proceedings to establish the district and that the hearing was fraudulently concealed from them and their land wrongfully and irregularly included in the district, where the formation of the district was afterwards confirmed, as provided by law, by proceedings in the superior court, wherein special findings were made on all the objections urged against the regularity of the proceedings, which were approved and confirmed.</p> <p>Same — Proceedings—Notice—Substituted Service. Proceedings in the superior court to confirm the formation of an irrigation district under Rem. & Bal. Code, § 6416 et seq., are in rem, the object being to fix the status of the district and issue valid bonds, and may be instituted by publication of notice without personal service on all persons who are within the jurisdiction of the court.</p> <p>Same — Notice—Form. A notice of the confirmation of proceedings to form an irrigation district is not