820 CADY RD BLDG F 2018-01-01 MF Import

stream or river flowing from such lake, a copy of the nodce of hearing shall be publishcd at least once a week for two consecutive weeks before the time set for hearing in a newspaper in each county or coundes wherein located, said no6ce to contain a br'ef statement of the crasons and necessiry for such apPlicaaon. [1994 c 264 4 88; 1988 c 36 ¢ 67; 1987 c 109 $ 105; 1963 c 243 $ 1; 1959 c 258 § 2; 194�c 210 § 1; 1939 c 107 � 4; Rem. Supp. 1947 � 7388-3.] NOTES: Purpo�4hort ekle—Coortructbo—Ruka-3evenbWry—CapHom-19s7 c 109: See nota following � RCW 43.21B.00L RCW 90.24.040 Hearing on petition—Order—Contlnutn�jurisdictioo. At the hearing evidence shall be introduced in support of the petition and all intcrested pazties may be heard for or against it. The court shall make findings and conclusions and enter an order �ranting or refusing thepe tition, and if the peddon is granted, shall fix the water level to be mau�tained and direct the department of ecology to regulate and control the outflow of the lake so as to properly maintain the water level so far as pracdcable within mauimum and minimum flmits when the proQer control devices are installed: PROVIDED, That the court shall have continuing ju�isdic�on after a petidon is once granted and shall, upon subsequo�it peddon filed and heard in accordance with the precedinq secdons, make such further findin¢s and conclusions and enter such further orders as are necessary to accomplish fully the objectives sought in the inidal pedtion: AND PROVIDED F[JR'I'IiER, That shall the court find any such riparian owners abutting on a stream nr river flowing from such lake be adversely affected in any way by the granting of such a pe�dtion, such petidon shall be refused. [I985 c 398 � 29; 1959 c 258 � 3; 1939 c 107 § 5; RRS § 7388-4.] N07'FS: ERective date-1983 c 398: See note following RCW 90.24.010. RCW 90.24.050 Devices to proter.t the Rs6—Cost—Special fund. In the event the court shall 6nd that to protect fish and game fish in said lake that fish ladders or other devices should be consavcted therein or that other conswction shall be neressary in order w maintain the deternuned lake level, the court shall find the proper device to be constructed, the probable cost thereof and by its order and judgment shall apportion the cost thereof among the persons whose property abuu on said lake in proportion to the lineal feet of waterfront owned by each, which sum so found shall consdtute a Gen against said reai property and shall be paid to the counry treasurer and by him placed in a special fund to be lmown as "Lake . . . . . . Improvement Fund." The director of ecology sl�all appoint a suitable person to be compensated by the property owners to regulate the determined level as decreed by the court. [1988 c 127 § 82; 1939 c 107 § 6; RRS § 7388-S.j RCW 90.24.060 Installation of devices. Such improvement or device in said lake for the protection of the fish and game fish therein shall be installed by and under the direction of the board of county commissioners of said county with the approval of the respective directors of the department of fish and wildlife and the department of ecology of the state of Washington and paid for out of the special fund provided for in RCW 90.24.050. [1994 c 2Cr3 § 89; 1988 c 36 § 68; 198'7 c 109 § 106. Prior: 1939 c 107 § 7; RRS § 7388-6.] NOTES: Purpou�S6ort Htle—Con�tructloo—Ruln�rvera6ility_Captlon�-1987 c I09: See notes following Fi�W d3 218 001. 1894 RCW