§ 90.03.130. Determination of water rights -- Service of summons
Service of said summons shall be made in the same manner and with the same force and effect as service of summons in civil actions commenced in the superior courts of the state: PROVIDED, That for good cause, the court, at the request of the department, as an alternative to personal service, may authorize service of summons to be made by certified mail, with return receipt signed by defendant, a spouse of a defendant, or another person authorized to accept service. If the defendants, or either of them, cannot be found within the state of Washington, of which the return of the sheriff of the county in which the proceeding is pending shall be prima facie evidence, upon the filing of an affidavit by the department, or its attorney, in conformity with the statute relative to the service of summons by publication in civil actions, such service may be made by publication in a newspaper of general circulation in the county in which such proceeding is pending, and also publication of said summons in a newspaper of general circulation in each county in which any portion of the water is situated, once a week for six consecutive weeks (six publications). In cases where personal service can be had, such summons shall be served at least twenty days before the return day thereof. The summons by publication shall state that statements of claim must be filed within twenty days after the last publication or before the return date, whichever is later.
Personal service of summons may be made by department of ecology employees for actions pertaining to water rights.
[1987 c 109 § 74; 1979 ex.s. c 216 § 2; 1977 ex.s. c 357 § 2; 1929 c 122 § 1; 1917 c 117 § 16; RRS § 7366. Formerly RCW 90.12.030.]
Notes:
Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001.
Effective date -- Severability -- 1979 ex.s. c 216: See notes following RCW 90.03.245.
Commencement of actions (service of summons): Chapter 4.28 RCW.
Manner of publication and form of summons: RCW 4.28.110.
Service of summons by publication -- When authorized: RCW 4.28.100. Sections: Previous 90.03.060 90.03.070 90.03.090 90.03.100 90.03.105 90.03.110 90.03.120 90.03.130 90.03.140 90.03.150 90.03.160 90.03.170 90.03.180 90.03.190 90.03.200 Next
Last modified: April 7, 2009