Title 87, Title 87 IRRIGATION
16 chapters · 399 sections in this title.
RCW 87.03.705 Connecting system to lower drainage district—Negative finding by jury or court.
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The jury, or the court if jury be waived, shall first determine whether the lower drainage system or systems when so improved will afford a sufficient drainage and outlet for both the drainage district and irrigation district, and if it finds that it will not, the finding shall t…
RCW 87.03.710 Connecting system to lower drainage district—Affirmative finding by jury or court—Assessments.
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If the jury, or the court if jury be waived, finds the outlet and drainage sufficient it shall assess the damages sustained by the lands in the lower drainage district or districts by reason of the improvement, together with awards for damaging and taking lands for rights-of-way …
RCW 87.03.715 Connecting system to lower drainage district—Increased maintenance costs.
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The lower district or districts may require the jury or court to determine any increased cost to it in annual maintenance of its system as improved, and judgment shall be rendered against the irrigation district in favor of the lower drainage district or districts for any amount …
RCW 87.03.720 Merger of district with drainage, joint drainage, consolidated drainage improvement, or water-sewer district—Power to assent.
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The board of directors of an irrigation district shall, after being notified by the legislative authority of the county or counties within which the irrigation district lies of the filing of the petition therefor, have the power to assent to the proposed merger with the irrigatio…
RCW 87.03.725 Merger of district with drainage, joint drainage, consolidated drainage improvement, or water-sewer district—Notice—Contents—Publication—Show cause against merger.
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The secretary of the board of directors shall cause a notice of the proposed merger to be posted and published in the same manner and for the same time as notice of a special election for the issue of bonds. The notice shall state that a petition has been filed with the legislati…
RCW 87.03.730 Merger of district with drainage, joint drainage, or consolidated drainage improvement district—Hearing—Failure to show cause deemed assent.
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At the time of hearing, or at such other time to which the hearing may be adjourned, the board of directors of the irrigation district shall hear the proposal of merger and any objections thereto. Failure to show cause shall be deemed as assent to the proposed merger.[ 1957 c 94 …
RCW 87.03.735 Merger of district with drainage, joint drainage, or consolidated drainage improvement district—Assent, refusal to assent—Effect of show cause against merger.
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The board of directors of the irrigation district, if it deems it not for the best interest of the irrigation district that the proposed merger take place, shall enter an order refusing to assent to the merger. But, if it deems it to be to the best interest of the irrigation dist…
RCW 87.03.740 Merger of district with drainage, joint drainage, or consolidated drainage improvement district—Election.
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Upon the adoption of the resolution, the board shall order an election held within the irrigation district on the question of the proposed merger and shall fix the time thereof and cause notice to be published. The notice shall be given and the election conducted in the manner as…
RCW 87.03.745 Merger of district with drainage, joint drainage, or consolidated drainage improvement district—Order of assent or refusal—Filing.
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If a majority of the votes cast at the election are against the merger, the irrigation district board shall enter an order refusing to assent to the merger. If a majority of the votes cast favor the merger, the board shall enter an order assenting to the proposed merger. A copy o…
RCW 87.03.750 Exclusion of nonirrigable land when state holds all outstanding bonds—Resolution.
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Whenever any irrigation district organized and existing under the laws of this state, shall have entered into a contract, or contracts, with the department of ecology, for the sale to and purchase by the department of an entire authorized issue of the bonds of the district, for t…
RCW 87.03.755 Exclusion of nonirrigable land when state holds all outstanding bonds—Notice of hearing—Contents.
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Upon the adoption of the resolution as provided in RCW 87.03.750, the board of directors of the district shall cause to be served upon the director of the department of ecology, and to be published once a week for four successive weeks in a newspaper of general circulation in the…
RCW 87.03.760 Exclusion of nonirrigable land when state holds all outstanding bonds—Adoption of resolution—Appellate review.
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At the conclusion, or final adjournment, of the hearing provided for in RCW 87.03.755, the board of directors of the district shall have the power, by unanimous resolution to adopt the proposed plan, or such modification thereof as may be determined by the board, and reduce the b…
RCW 87.03.765 Exclusion of nonirrigable land when state holds all outstanding bonds—Indebtedness may be reduced.
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Whenever it shall appear, to the satisfaction of the director of ecology, that the irrigation system of any irrigation district, to which the department of ecology of the state of Washington under a contract with the district for the purchase of its bonds, has advanced funds for …
RCW 87.03.770 Exclusion of nonirrigable land when state holds all outstanding bonds—Reconveyance of excluded land formerly foreclosed to district.
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Whenever the boundaries of any irrigation district have been reduced and lands excluded from such district, as provided in *this act, the directors of such district shall be authorized and directed to execute and deliver to the owners, respectively, of any lands excluded from the…
RCW 87.03.775 Map of district.
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Said board of directors shall cause a map to be made of the irrigation districts showing each forty acres, subdivision or fraction thereof, and place the same on file in their office.[ 1895 c 165 s 28; RRS s 7495. Formerly RCW 87.08.120.]Notes:Surveys, maps and plans to be prepar…
RCW 87.03.780 Proceedings for judicial confirmation—Authorization.
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The board of directors of an irrigation district, now or hereafter organized under the provisions of this chapter, may commence a special proceeding in and by which the proceedings for organizing such district or the proceedings of said board and of said district, providing for a…
RCW 87.03.785 Proceedings for judicial confirmation—Petition—Contents.
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The board of directors of the irrigation district shall file in the superior court of the county in which the lands of the district, or some portion thereof, are situated, a petition praying in effect, that the proceedings aforesaid may be examined, approved, and confirmed by the…
RCW 87.03.790 Proceedings for judicial confirmation—Notice of hearing.
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The court shall fix the time for the hearing of said petition, and shall order the clerk of the court to give and publish a notice of the filing of said petition. The notice shall be given and published in the same manner and for the same length of time that a notice of a special…
RCW 87.03.795 Proceedings for judicial confirmation—Demurrer or answer—Procedure.
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Any person interested in said district or in the issue or sale of said bonds in the issue or sale of refunding bonds or in the making of a contract with the United States or any contract referred to in said petition may demur to or answer said petition. The statutes of this state…
RCW 87.03.800 Proceedings for judicial confirmation—Jurisdiction of court—Order—Costs.
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Upon the hearing of such special proceedings, the court shall have full power and jurisdiction to examine and determine the legality and validity of and approve and confirm each and all of the proceedings for the organization of said district under the provisions of this chapter …
RCW 87.03.805 Proceedings for judicial confirmation—Appeal.
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An appeal from an order granting or refusing a new trial, or from the judgment, must be taken by the party aggrieved within thirty days after the entry of said order or said judgment.[ 1915 c 179 s 32; 1889-90 p 705 s 78; RRS s 7504. Formerly RCW 87.08.240.]
RCW 87.03.810 Lump sum payment to district for irrigable lands acquired for highway purposes.
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Whenever lands situated in an irrigation district are acquired by the department of transportation, and the lands, at the time of their acquisition by the department of transportation, were irrigable and were being served or were capable of being served by facilities of the distr…
RCW 87.03.815 Lump sum payment to district for irrigable lands acquired for highway purposes—Order relieving further district assessments.
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Upon the department of transportation making the lump sum payment to the district under RCW 87.03.810, the district shall make and enter an order relieving the lands from further district assessments for the delivery of water to the lands.[ 1984 c 7 s 381; 1959 c 303 s 2. Formerl…
RCW 87.03.820 Disposal of real property—Right of adjacent owners.
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Whenever as the result of abandonment of an irrigation district right-of-way real property held by an irrigation district is to be sold or otherwise disposed of, notice shall be given to the owners of lands adjoining that real property and such owners shall have a right of first …
RCW 87.03.825 Hydroelectric resources—Development—Legislative findings.
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The legislature finds that a significant potential exists for the development of cost-effective renewable hydroelectric resources by irrigation districts, cities, towns, and public utility districts and further finds that it is in the best interests of the state and its citizens …
RCW 87.03.828 Hydroelectric resources—Separate legal authority—Creation by irrigation districts and cities, towns, or public utility districts—Powers.
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One or more irrigation districts and any combination of cities, towns, or public utility districts may create a separate legal authority to construct, finance, acquire, own, operate, and maintain hydroelectric facilities including, but not limited to, dams, canals, plants, transm…
RCW 87.03.831 Hydroelectric resources—Separate legal authority—Procedures for membership and for construction and acquisition of facilities.
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Cities, towns, and public utility districts not engaged in the generation, transmission, or distribution of electricity on April 19, 1983, may be members of a separate legal authority created under the provisions of RCW 87.03.828 without the necessity of obtaining prior approval …
RCW 87.03.834 Hydroelectric resources—Separate legal authority—Voter ratification of actions.
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After demand made by a majority of the authority's members, the actions of an authority shall become subject to ratification and approval by the voters of its members in accordance with procedures agreed to by its members. Every contract establishing an authority shall provide ap…
RCW 87.03.837 Hydroelectric resources—Separate legal authority—Repayment of indebtedness—Powers.
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A separate legal authority shall only have power to incur indebtedness that is repayable from rates, tolls, charges, or contract payments for services or electricity provided by the authority and to pledge such revenues for the payment and retirement of indebtedness issued for th…
RCW 87.03.840 Chapter supplementary—When.
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This chapter supplements and neither restricts nor limits any powers which a city, town, public utility district, or irrigation district might otherwise have under any laws of this state, except that no such authority created by RCW 87.03.828 and no city, town, or public utility …
RCW 87.03.845 Merger of minor irrigation district into major irrigation district—Proceedings to initiate—Notice—Hearing.
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This section and RCW 87.03.847 through 87.03.855 provide the procedures by which a minor irrigation district may be merged into a major irrigation district as authorized by RCW 87.03.530(2).To institute proceedings for such a merger, the board of directors of the minor district s…
RCW 87.03.847 Merger of minor irrigation district into major irrigation district—Denial or adoption of request for merger—Notice—Elections—Notification of merger.
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(1) If, following the public hearing conducted under RCW 87.03.845, the board of directors of the major irrigation district denies the request for a merger, no further action shall be taken on the request. If, following the public hearing, the board adopts a resolution approving …
RCW 87.03.849 Merger of minor irrigation district into major irrigation district—Board of directors—Transfer of property and assets.
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The members of the board of directors of the major irrigation district shall hold office as directors of the district formed by the merger until the end of their terms of office. If the major district is divided into director divisions, the board of the major district shall propo…
RCW 87.03.851 Merger of minor irrigation district into major irrigation district—Bonds or obligations not impaired—Enforcement of assessments and obligations—Establishment of local improvement district to carry out obligations.
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(1) The merger of irrigation districts shall not affect or impair any bonds or obligations of the merged districts and the holders of the bonds of any merged district shall be entitled to all remedies for their enforcement as if the district had not been merged. All obligations i…
RCW 87.03.853 Merger of minor irrigation district into major irrigation district—Statement of property and assets of minor district.
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Prior to or on the effective date of a merger of a minor irrigation district and a major irrigation district, the board of directors of the minor district shall cause to be prepared a statement of all property and other assets of the minor district. The statement shall be filed w…
RCW 87.03.855 Merger of minor irrigation district into major irrigation district—Merger of more than two districts.
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More than two irrigation districts may merge under RCW 87.03.530(2) and 87.03.845 through 87.03.853 in one merger process. However, only one of the districts may be a "major" irrigation district and the assessed acreage in all of the other districts merging in the process, when t…
RCW 87.03.857 Merger of minor irrigation district into major irrigation district—Existing water rights not impaired.
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Nothing in RCW 87.03.530(2) and 87.03.845 through 87.03.855 shall authorize the impairment or operate to impair any existing water rights.[ 1993 c 235 s 8.]
RCW 87.03.860 Assumption of substandard water system—Limited immunity from liability.
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An irrigation district assuming responsibility for a water system that is not in compliance with state or federal requirements for public drinking water systems, and its agents and employees, are immune from lawsuits or causes of action, based on noncompliance with state or feder…
RCW 87.03.870 Mutual aid agreements for emergency interdistrict assistance—Authority—Liability.
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(1) Under the interlocal cooperation act, chapter 39.34 RCW, an irrigation district may enter into a mutual aid agreement with any other irrigation district to provide emergency interdistrict assistance to respond to a breach or other failure of an irrigation water conveyance sys…
RCW 87.03.880 Tariff for irrigation pumping service—Authority to buy back electricity.
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The board may approve a tariff for irrigation pumping service that allows the irrigation district to buy back electricity from customers to reduce electricity usage by those customers during the irrigation district's particular irrigation season.[ 2001 c 122 s 6.]Notes:Effective …
RCW 87.03.900 Construction—1913 c 165.
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All irrigation districts in the state of Washington, and all proceedings had for the organization of any irrigation district, and all proceedings now pending in or relating to any irrigation district, shall be governed and controlled by the terms of this act, and this act shall n…
RCW 87.03.920 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
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For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to …
RCW 87.04.010 Divisions of certain districts required—Number—Directors—Who are electors.
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An irrigation district comprising two hundred thousand or more acres, or irrigation districts comprising less than two hundred thousand acres which have followed the optional procedure specified in *this amendatory act, shall be divided into divisions of as nearly equal area as p…
RCW 87.04.020 Director vacancies, how filled.
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Vacancies in the representation of director divisions on the board of directors of the irrigation district shall be filled by appointment of an elector of the division concerned, in the same manner and for the same time as provided by law for the filling of vacancies on the board…
RCW 87.04.030 New district to be divided by county commissioners—Objections, denial, election.
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When a new irrigation district comprising more than two hundred thousand acres has been authorized, pursuant to law, the board of county commissioners shall, within thirty days from the canvassing of the returns, divide the district into director divisions equal to the number of …
RCW 87.04.040 Petition to divide or redivide.
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Proceedings to divide or redivide a district comprising less than two hundred thousand acres into director divisions, or to redivide the director divisions heretofore established for districts comprising more than two hundred thousand acres, may be initiated by a petition filed w…
RCW 87.04.050 Redivision when number of directors changed or new lands included.
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If the number of directors is changed for a district which is divided into director divisions or new lands outside of existing director divisions are included into a district but cannot be added to director divisions as provided in RCW 87.04.055 due to geographic limitations, a p…
RCW 87.04.055 Procedure for adding land to director divisions when new land included in district.
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When land located outside existing director divisions is included in an irrigation district such land shall thereby be added to the nearest director division, except that where added lands are adjacent to two or more director divisions, the common boundary lines between the divis…
RCW 87.04.058 Application of RCW 87.04.030 through 87.04.055 following merger of minor irrigation district into major irrigation district.
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RCW 87.04.030 through 87.04.055 do not apply to redividing a district immediately following a merger as provided in RCW 87.03.849.[ 1993 c 235 s 9.]
RCW 87.04.060 Time for hearing on petition—Notice, contents.
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Upon the filing of the petition the board of county commissioners shall fix a time and place for hearing thereon, which shall be not less than thirty days nor more than forty-five days from the date of filing, and shall cause notice thereof, stating the time, place, and general p…