154 STATE LAND LAWS 



SEC. 205 IRRIGATION DITCHES. 



officials setting forth the reason for the same, and the aforesaid 

 plat when approved by said board of appraisers, shall be and 

 form the official plat of said road, and the said plat shall show 

 the amount of land taken up by the proposed road, and shall 

 show the remainder of land in each portion of each legal sub- 

 division bisected by said proposed road, and said plat shall be 

 retained in the office of the Commissioner of Public Lands : Pro- 

 vided further, That all timber on said right of way shall be ap- 

 praised and paid for in cash by the said county or city. (Laws 

 '97, p. 246, sec. 35; sec. 6832 Rem.-Bal. ; 477 sec. Ill Pierce.) 



Former Laws: Laws '95, p. 547, sec. 46. 



Ocean beach a highway: sec. 561 et seq., post. 



Streets over waterways: sees. 243 and 311, infra. 



Over vacated waterways: sec. 283, infra. 



Over tide lands: sec. 309 et seq., infra. 



Eminent domain for streets: sec. 251, infra. 



Special grants for streets: sec. 534 et seq., infra. 



Cited: 39 Wash. 276. 



Public roads maintained at public expense for seven years prior to the 

 adoption of the state constitution over sections 16 and 36 became public high- 

 ways by user, notwithstanding the reservation of such sections by Congress 

 (sec. 578, post) for the use of the future state: Peterson v. Baker, 39 Wash. 

 275. 



But since no rights in lands granted to the state may be acquired by ad- 

 verse use or possession, the statute (sec. 5657 Rem.-Bal.) providing for the 

 establishment of roads thereby has no application to such lands : State v. 

 Seattle, 57 Wash. 602. 



SEC. 205. IRRIGATION DITCHES. 



A right of way through, over and across the public lands of 

 the State of Washington is hereby granted to any irrigation 

 district, or irrigation company, duly organized under the laws 

 of this state, and to any association or individual, constructing 

 or proposing to construct an irrigation ditch or pipe line for 

 irrigation. (Laws '07, p. 353, sec. 1 ; sec. 6844 Rem.-Bal. ; 

 271 sec. 243 Pierce.) 



Diversion works: sec. 237, post. 



Rights of way for canals under reclamation projects: sees. 380, 

 389, 409, post. 



Right to inundate state lands for irrigation purposes: sec. 225 et 

 seq., post. 



Right to construct dams: sec. 230 et seq., post, and diversion works: 

 sec. 237, post. 



