STATE LAND LAWS 197 



CONTRACT TIME LIMIT. SEC. 289 



proposed to be excavated as to their depth and width and extent : 

 Provided, That when harbor lines and waterways have been 

 established by the Harbor Line Commission of the state, no other 

 waterways shall be excavated except the waterways exhibited on 

 the final maps of said Harbor Line Commission, except with the 

 consent and approval of such Harbor Line Commission ; and 

 where no harbor lines and waterways have been so established 

 then the plan mentioned in said contract must, before being 

 adopted by said Commissioner, be submitted to and approved by 

 the Harbor Line Commission : And provided further, That if no 

 Harbor Line Commission be in existence, then the Commissioner 

 of Public Lands shall establish waterways which may be excavat- 

 ed as herein provided. (Laws '93, p. 242, sec. 2 ; sec. 8101 Rem.- 



BaL; 477 sec. 235 Pierce.) 



Board of State Land Commissioners as Harbor Line Commission: 

 sec. 13, supra. 



Establishment of waterways: sec. 273 et seq., supra. 



Cited : 8 Wash. 231 ; 11 Wash. 231, 646 ; 20 Wash. 279 ; 35 Wash. 507. 



This chapter vests discretion in the Land Commissioner to determine what 

 shall constitute the separate use for navigation, and does not require a pro- 

 vision in the contract itself regulating what should constitute a partial com- 

 pletion of the waterway capable of such separate use : Mississijjpi Valley Trust 

 Co. v. Hofjus, 20 Wash. 272. 



The improvement by the state of its own tide lands by the construction of 

 waterways and filling the lands so as to raise them above high tide, although 

 lying within the corporate limits of a city, is not a violation of Art. 7, sec. 9, 

 of the constitution conferring upon municipalities the power to make local im- 

 provements by special assessment of the property benefited : Mississippi Valley 

 Trust Co. v. Hofius, 20 Wash. 272. 



A person holding a contract to excavate cannot enjoin others from exca- 

 vating without alleging they are trespassers or proceeding without authority 

 from the state : Hays v. Hill, 23 Wash. 730. 



The contract is governed by the provisions of this act : Schlopp v. Forrest, 

 11 Wash. 640. 



The contract may affect lands not owned by the state : Schlopp v. Forrest, 

 11 Wash. 640. 



SEC. 289. TIME IN WHICH WORK IS TO BE DONE. 



Said contract shall specify the time of beginning work on 

 said waterway or waterways, and the time when such work shall 

 be completed : Provided, That the time set for the beginning of 

 said work shall be within six months of the signing of said con- 

 tract, and the time set for the completion of said work shall be a 

 reasonable time, to be determined in each case by the Commis- 



