Title 87, Title 87 IRRIGATION
16 chapters · 399 sections in this title.
RCW 87.03.001 Actions subject to review by boundary review board—Exceptions.
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The formation of an irrigation district may be subject to potential review by a boundary review board under chapter 36.93 RCW. The alteration of the boundaries of an irrigation district, including but not limited to a consolidation, addition of lands, exclusion of lands, or merge…
RCW 87.03.005 District proposed—Powers, when organized.
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Whenever fifty or a majority of the holders of title to, or of evidence of title to land susceptible of "irrigation" desire to organize an irrigation district for any or all of the purposes mentioned in RCW 87.03.010 and 87.03.015, they may propose the organization of an irrigati…
RCW 87.03.010 Certain purposes for which district may be formed.
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An irrigation district may be organized or maintained for any or all the following purposes:(1) The construction or purchase of works, or parts of same, for the irrigation of lands within the operation of the district.(2) The reconstruction, repair or improvement of existing irri…
RCW 87.03.013 Development of hydroelectric generation capabilities—Legislative finding, intent—Limitation.
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The legislature finds that a significant potential exists for the development of the hydroelectric generation capabilities of present and future irrigation systems serving irrigation districts. The legislature also finds that the development of such hydroelectric generation capab…
RCW 87.03.015 Certain powers of district enumerated—Heat-related alert limitations.
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(1) Any irrigation district, operating and maintaining an irrigation system, in addition to other powers conferred by law, shall have authority:(a) To purchase and sell electric power to the inhabitants of the irrigation district for the purposes of irrigation and domestic use; t…
RCW 87.03.0155 Contract and formation powers.
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(1) An irrigation district may enter into any contract or agreement with, or form a separate legal entity with, one or more of the entities or utilities specified in subsection (3) of this section for any of the following purposes:(a) Purchasing and selling electric power;(b) Dev…
RCW 87.03.016 District may provide street lighting—Limitations.
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In addition to other powers conferred by law, an irrigation district is authorized to construct, purchase, lease, or otherwise acquire, maintain, and operate a system for lighting public streets and highways and to enter into a contract or contracts with electric utilities, eithe…
RCW 87.03.017 District may assist residential owners in financing for conservation of energy—When—Plan—Limitations.
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Any irrigation district engaged in the distribution of energy is hereby authorized, within limits established by the Constitution of the state of Washington, to assist the owners of residential structures in financing the acquisition and installation of materials and equipment, f…
RCW 87.03.0175 District assistance for conservation, improvement, preservation, and efficient use.
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(1) Any irrigation district organized under this chapter may, for compensation, reimbursement, or otherwise, within limits established by the state Constitution, assist the owners of land receiving water distributed by the irrigation district or discharging, with the district's a…
RCW 87.03.018 Creation of legal authority to carry out powers—Method—Indebtedness.
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Two or more irrigation districts may create a separate legal authority to carry out any or all of the powers described in RCW 87.03.015. To enable such a legal authority to carry out its delegated powers, the irrigation districts creating the authority may assign, convey, or othe…
RCW 87.03.019 Cooperative watershed management.
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In addition to the authority provided throughout this title, an irrigation district, reclamation district, and similar districts organized pursuant to the authority of this title may participate in and expend revenue on cooperative watershed management actions, including watershe…
RCW 87.03.020 Organization of district—Petition—Bond—Notice—Hearing—Order—Notice of election.
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For the purpose of organizing an irrigation district, a petition, signed by the required number of holders of title or evidence of title to land within the proposed district, shall be presented to the board of county commissioners of the county in which the lands, or the greater …
RCW 87.03.025 State lands situated in or taken into district—Procedure—Assessments, collection.
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Whenever public lands of the state are situated in or taken into an irrigation district they shall be treated the same as other lands, except as hereinafter provided. The commissioner of public lands shall be served with a copy of the petition proposing to include such lands, tog…
RCW 87.03.030 Elections are governed by irrigation district laws.
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All elections of irrigation districts, general or special, for any district purpose and in any county of the state shall be called, noticed, and conducted in accordance with the laws of the state, specifically relating to irrigation districts.[ 1951 c 201 s 1. Formerly RCW 87.01.…
RCW 87.03.031 Absentee voting.
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Any qualified district elector shall be entitled to vote by absentee ballot in the manner herein provided.[ 2025 c 191 s 1; 2013 c 23 s 481; 1961 c 105 s 2. Formerly RCW 87.01.096.]
RCW 87.03.032 Absentee voting—Notice of election, contents—Ballot and form of certificate of qualifications to be furnished—Mail-in ballots.
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(1) The notice of election shall conform to the requirements for election notices provided by this chapter for the election being held, and shall specify that any qualified district elector may vote by absentee ballot, and that a ballot and form of certificate of qualifications w…
RCW 87.03.033 Absentee or mail-in voting—Statement of qualifications—Form of ballot.
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(1) To be counted in a given election, an absentee ballot or ballots in a mail-in election must conform to these requirements:(a) It must be sealed in a security envelope, which may provide instructions for completing the ballot and which position is being contested, but have no …
RCW 87.03.034 Absentee voting—How incoming ballots are handled—Canvass—Statement of result of both regular and absentee ballots.
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(1) Absentee ballots shall be accumulated and kept, unopened, by the district's secretary until the time in which such ballots may be received is closed. The secretary shall deliver them to the board of directors as early as practicable on the following day. That board shall proc…
RCW 87.03.035 Elections to form district—How conducted.
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The board of county commissioners shall establish a convenient number of election precincts in the proposed district and define the boundaries thereof, and designate a polling place and appoint the necessary election officers for each precinct; which precincts may thereafter be c…
RCW 87.03.040 Elections to form district—Canvass of returns—Order.
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The board of county commissioners shall meet on the second Monday after the election and canvass the returns, and if it appears that at least two-thirds of all the votes cast are in favor of the district the board shall by an order declare the district duly organized and shall de…
RCW 87.03.045 Qualifications of voters and directors—Districts of 200,000 acres.
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In districts with 200,000 acres or more, a person 18 years old, being a citizen of the United States and a resident of the state and who holds title or evidence of title to land that is assessed or is assessable by the district pursuant to federal and state law, in the district o…
RCW 87.03.051 Qualifications of voters and directors—Districts of less than 200,000 acres.
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In districts with less than 200,000 acres, a person 18 years old, being a citizen of the United States and a resident of the state and who holds title or evidence of title to land in the district or proposed district that is assessed or is assessable by the district pursuant to f…
RCW 87.03.056 Election security requirements.
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The following election security requirements apply to districts that qualify and have designated their own treasurer as provided in RCW 87.03.440:(1) At all times when ballots are being controlled including, but not limited to, receipt, opening of ballots, certification, tabulati…
RCW 87.03.058 Election security requirements—Willful violation—Penalties.
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(1) Any person who willfully violates any of the provisions of RCW 87.03.056 (1) through (3) is guilty of a gross misdemeanor punishable under RCW 9A.20.021.(2) Any person who, without lawful authority, removes a ballot from a polling place or ballot drop location is guilty of a …
RCW 87.03.071 Certain districts—Individual ownerships—Two votes.
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In any irrigation district where more than 50 percent of the total acreage of the district is owned in individual ownerships of less than five acres, each elector who is otherwise qualified to vote pursuant to RCW 87.03.051 shall be entitled to two votes regardless of the size of…
RCW 87.03.075 Ballots in all elections—Declaration of candidacy—Petition of nomination—When election not required.
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Voting in an irrigation district shall be by ballot. Ballots shall be of uniform size and quality, provided by the district, and for the election of directors shall contain only the names of the candidates who have filed with the secretary of the district a declaration of their c…
RCW 87.03.080 Directors—Election—Terms—Increase and decrease.
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An election of directors in an irrigation district shall be held on the second Tuesday of December of each year, and the term of each director shall be three years from the first Tuesday of January following his or her election. The directors elected at the organization election …
RCW 87.03.081 Directors—Vacancies, how filled.
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A vacancy in the office of director shall be filled by appointment by the board of county commissioners of the county in which the proceedings for the organization of the district were had. At the next annual election occurring thirty days or more after the date of the appointmen…
RCW 87.03.082 Directors—Oaths of office—Secretary.
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Each director shall take and subscribe an official oath for the faithful discharge of the duties of his or her office and the oath shall be recorded and filed with the secretary of the board of directors. The secretary shall take and subscribe a written oath of office, which shal…
RCW 87.03.083 Directors—Recall and discharge.
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Every member of an irrigation district board of directors is subject to recall and discharge by the legal voters of such district pursuant to the provisions of chapter 29A.56 RCW.[ 2015 c 53 s 103; 1979 ex.s. c 185 s 15.]Notes:Effective date—Severability—1979 ex.s. c 185: See not…
RCW 87.03.085 Post-organization district elections—Election boards—Notice.
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(1) Fifteen days before any election held under this chapter, subsequent to the organization of any district, the secretary of the board of directors shall cause notices to be posted in three public places in each election precinct, of the time and place of holding the election. …
RCW 87.03.090 Post-organization district elections—Election officers—Voting hours.
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The inspector is chair of the election board, and mayFirst: Administer all oaths required in the progress of an election.Second: Appoint judges and clerks, if, during the progress of the election, any judge or clerk cease to act. Any member of the board of election, or any clerk …
RCW 87.03.095 Post-organization district elections—Counting votes—Record of ballots.
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Voting may commence as soon as the polls are opened, and may be continued during all the time the polls remain opened. As soon as the polls are closed, the judges shall open the ballot box and commence counting the votes; and in no case shall the ballot box be removed from the ro…
RCW 87.03.100 Post-organization district elections—Certification of returns—Preservation for recount.
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As soon as all the votes are read off and counted, a certificate shall be drawn upon each of the papers containing the poll list and tallies, or attached thereto, stating the number of votes each one voted for has received, and designating the office to fill which he or she was v…
RCW 87.03.105 Post-organization district elections—Canvass.
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No list, tally paper or certificate returned from any election shall be set aside or rejected for want of form, if it can be satisfactorily understood. The board of directors must meet at its usual place of meeting on the second Wednesday after each election, to canvass the retur…
RCW 87.03.110 Post-organization district elections—Statement of result of election—Certificate of election.
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The secretary of the board of directors must, as soon as the result is declared, enter in the records of such board a statement of such result, which statement must show:(1) The whole number of votes cast in the district;(2) The name of the persons voted for;(3) The office to fil…
RCW 87.03.115 Organization of board—Meetings—Quorum—Certain powers and duties.
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(1) The directors of the district shall organize as a board and shall elect a president from their number, and appoint a secretary, who shall keep a record of their proceedings.(2) The office of the directors and principal place of business of the district shall be at some place …
RCW 87.03.120 System of drainage, sanitary sewers, or sewage disposal or treatment plants—Question—Notice—Meeting—Resolution.
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Whenever, in the judgment of the district board, a system of drainage, sanitary sewers, or sewage disposal or treatment plants for any lands included in the operation of the district will be of special benefit to the lands of the district as a whole, it shall pass a resolution to…
RCW 87.03.125 System of drainage, sanitary sewers, or sewage disposal or treatment plants—Powers upon passage of resolution.
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Upon the passing of said resolution, the district shall in all respects have the same power and authority as is now, or may hereafter be, conferred respecting irrigation and all powers in this act conferred upon irrigation districts with respect to irrigation shall be construed t…
RCW 87.03.130 District change of name.
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Any district heretofore or hereafter organized and existing, may change its name by filing with the board of county commissioners of the county in which was filed the original petition for the organization of the district, a certified copy of a resolution of its board of director…
RCW 87.03.135 Sale or lease of district personal property.
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An irrigation district has the power to sell or lease personal property owned by the district whenever its board of directors, by resolution: Determines that the property is not necessary or needed for the use of the district; and authorizes the sale or lease. No sale or lease of…
RCW 87.03.136 Sale or lease of district real property.
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An irrigation district has the power to sell or lease real property owned by the district whenever its board of directors, by resolution: Determines that the property is not necessary or needed for the use of the district; and authorizes the sale or lease. Notice of the district'…
RCW 87.03.137 Purchase or condemnation for developing hydroelectric generation capabilities—Limitations.
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For the purpose of developing hydroelectric generation capabilities in connection with irrigation facilities, the board of directors of an irrigation district shall have the power, in accordance with procedures provided in this chapter, to acquire, either by purchase or condemnat…
RCW 87.03.138 Civil immunity of directors, officers, employees, or agents for good faith performance of official duties.
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Directors, officers, employees, or agents of irrigation districts shall be immune from civil liability for any cause of action or claim for damages for any mistakes and errors of judgment in the good faith performance of acts within the scope of their official duties involving an…
RCW 87.03.139 Lawful disposal of sewage and waste by others—Immunity.
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No irrigation district, its directors, officers, employees, or agents operating and maintaining irrigation works for any purpose authorized by law, including the production of food for human consumption and other agricultural and domestic purposes, is liable for damages to person…
RCW 87.03.140 Board's powers and duties generally—Condemnation procedure.
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The board, and its agents and employees, shall have the right to enter upon any land to make surveys, and may locate the necessary irrigation or drainage works, power plants, power sites or power lines and the line for any canal or canals, and the necessary branches of laterals f…
RCW 87.03.145 Condemnation—Finding of benefits and damages—Judgment—Costs.
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The jury, or the court if the jury be waived, in such condemnation proceedings shall find and return a verdict for the amount of damages sustained: PROVIDED, That the court or jury, in determining the amount of damages, shall take into consideration the special benefits, if any, …
RCW 87.03.150 Condemnation—Title acquired by district.
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The title to all property acquired under the provisions of this chapter shall immediately, and by operation of law, vest in such irrigation district and shall be held by such district in trust for, and is hereby dedicated and set apart to the uses and purposes set forth in this c…
RCW 87.03.155 Conveyances—Actions by and against district.
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The said board is hereby authorized and empowered to take conveyances or other assurances for all property acquired by it under the provisions of this act, in the name of such irrigation district, to and for the uses and purposes herein expressed, and to institute and maintain an…
RCW 87.03.158 Officers, employees, agents—Legal representation—Costs of defense.
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The board of directors of an irrigation district may authorize an attorney of its choosing to defend an officer, employee, or agent of the district, present or former, who requests representation as a result of an action, claim, or proceeding instituted against him or her. The co…