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AGO 1951 No. 038 - May 11, 1951
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Smith Troy | 1941-1952 | Attorney General of Washington

LICENSE FEES ‑- AMENDMENT OF STATUTES ‑- IRRIGATION FEES.

On and after June 7, 1951, the Department of Conservation and Development is required to charge and collect the fees for filing and recording a permit to appropriate water fixed by section 5, chapter 57, Laws of 1951 (90.04.040 RCW [[RCW 90.04.040]]).

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                                                                   May 11, 1951

Honorable W. A. Galbraith,Director
Department of Conservation andDevelopment
Transportation Building
Olympia, Washington                                                                                               Cite as:  AGO 51-53 No. 38

Dear Sir:

            In your letter of May 7th you inquire as to what fee you are authorized or required to charge for filing and recording a permit to appropriate water for irrigation purposes on or after June 7, 1951.

            You are advised:

            On and after June 7, 1951, you are required to charge and collect the fees for filing and recording a permit to appropriate water fixed by section 5, chapter 57, Laws of 1951 (90.04.040 RCW [[RCW 90.04.040]]).

                                                                     ANALYSIS

            Chapter 57, Laws of 1951, becomes effective on the 7th day of June, 1951, and is to be given a prospective effect as of that date as to all applications then pending or thereafter filed.

            Sutherland's Statutory Construction, (3d), Vol. 1, page 436, sec. 1936.

            50        Am.Jur. page 495, Stats., sec. 478.

             [[Orig. Op. Page 2]]

            Fees should, therefore, be charged as follows:

            On applications filed before June 7, 1951, the examination fee fixed by the old act, which is section 8, chapter 122, Laws of 1929 (sec. 7399, Rem. Rev. Stat.), even though the total application fee may not be payable until after June 7, 1951.

            On all applications filed on or after June 7, 1951, an examination fee, as fixed by the new act, which is sec. 5, chapter 57, Laws of 1951 (90.04.040 RCW [[RCW 90.04.040]]). by the new act, which is sec. 5, chapter 57, Laws of 1951 (90.04.040 RCW).

            On all permits issued before June 7, 1951, a filing and recording fee, as fixed by the old act, which is section 8, chapter 122, Laws of 1929.

            On all permits issued on and after June 7, 1951, a filing and recording fee, as fixed by the new act, which is section 5, chapter 57, Laws of 1951 (90.04.040 RCW [[RCW 90.04.040]]), even though the application upon which the permit is issued was on file before June 7, 1951.

Very truly yours,

SMITH TROY
Attorney General

E. P. DONNELLY
Assistant Attorney General

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