H-3882              _______________________________________________

 

                                                   HOUSE BILL NO. 1988

                        _______________________________________________

 

State of Washington                              49th Legislature                              1986 Regular Session

 

By Representatives Nutley, Haugen, Isaacson, Ebersole, Brough, Jacobsen and Unsoeld

 

 

Read first time 1/24/86 and referred to Committee on Local Government.

 

 


AN ACT Relating to irrigation districts; and amending RCW 87.03.115.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

        Sec. 1.  Section 11, page 677, Laws of 1889-90 as last amended by section 1, chapter 262, Laws of 1983 and RCW 87.03.115 are each amended to read as follows:

          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.  The office of the directors and principal place of business of the district shall be at some place in the county in which the organization was effected, to be designated by the directors.  The directors serving districts of five thousand acres or more shall hold a regular monthly meeting at their office on the first Tuesday in every month, or on such other day in each month as the board shall direct in its bylaws, and may adjourn any meeting from time to time as may be required  for the proper transaction of business.  Directors serving districts of less than five thousand acres shall hold at least quarterly meetings on a day designated by the board's bylaws, and may adjourn any meeting from time to time as may be required for the proper transaction of business.  Special meetings shall be called and conducted in the manner required by chapter 42.30 RCW.  All meetings of the directors must be public.  A majority of the directors shall constitute a quorum for the transaction of business, and in all matters requiring action by the board there shall be a concurrence of at least a majority of the directors.  All records of the board shall be open to the inspection of any electors during business hours.  The board shall have the power, and it shall be its duty, to adopt a seal of the district, to manage and conduct the business and affairs of the district, to make and execute all necessary contracts, to employ and appoint such agents, officers and employees as may be necessary and prescribe their duties, and to establish equitable bylaws, rules and regulations for the government and management of the district, and for the equitable distribution of water to the lands within the district, upon the basis of the beneficial use thereof, and generally to perform all such acts as shall be necessary to fully carry out the provisions of this chapter:  PROVIDED, That all water, the right to the use of which is acquired by the district under any contract with the United States shall be distributed and apportioned by the district in accordance with the acts of congress, and rules and regulations of the secretary of the interior until full reimbursement has been made to the United States, and in accordance with the provisions of said contract in relation thereto.  The bylaws, rules and regulations must be on file and open to inspection of any elector during regular business hours.  All leases, contracts, or other form of holding any interest in any state or other public lands shall be, and the same are hereby declared to be title to and evidence of title to lands and for all purposes within this act, shall be treated as the private property of the lessee or owner of the contractual or possessory interest:  PROVIDED, That nothing in this section shall be construed to affect the title of the state or other public ownership, nor shall any lien for such assessment attach to the fee simple title of the state or other public ownership.  The board of directors shall have authority to develop and to sell, lease, or rent the use of:  (1) Water derived from the operation of  the district water facilities to such municipal and quasi municipal entities, the state of Washington, and state entities and agencies, public and private corporations and individuals located within and outside the boundaries of the district and on such terms and conditions as the board of directors shall determine; and (2) power derived from hydroelectric facilities authorized by RCW 87.03.015(1) as now or hereafter amended, to such municipal or quasi municipal corporations and cooperatives authorized to engage in the business of distributing electricity, electrical companies subject to the jurisdiction of the utilities and transportation commission, and other irrigation districts and on such terms and conditions as the board of directors shall determine:  PROVIDED, No water shall be furnished for use outside of said district until all demands and requirements for water for use in said district are furnished and supplied by said district:  AND PROVIDED FURTHER, That as soon as any public lands situated within the limits of the district shall be acquired by any private person, or held under any title of private ownership, the owner thereof shall be entitled to receive his proportion of water as in case of other land owners, upon payment by him of such sums as shall be determined by the board, and at the time to be fixed by the board, which sums shall be such equitable amount as such lands should pay having regard to placing said lands on the basis of equality with other lands in the district as to benefits received, and giving credit if equitable for any sums paid as water rent by the occupant of said lands prior to the vesting of private ownership, and such lands shall also become subject to all taxes and assessments of the district thereafter imposed.

          Before an irrigation district adopts a resolution, rule, or regulation of a general nature requiring completed water irrigation facilities within plats or short plats under RCW 58.17.310, the district shall prepare a general plan for the delivery of irrigation water in the district.  The general plan shall address the availability of irrigation water for distribution, a general scheme for delivery of irrigation water to each high point in the district, the timing of installation of major trunk lines or canals to deliver such water, and a capital improvement plan for such system.  The general resolution, rule, or regulation adopted under RCW 58.17.310 shall not require installation of completed water irrigation systems in plats or short plats if the district cannot deliver irrigation water to the high point of the plat or short plat within five years of the approval of the plat or short plat by the appropriate city, town, or county authority.  Existing irrigation systems on land proposed to be divided shall constitute compliance with the requirement of completed irrigation systems.  All resolutions, rules, or regulations for completed irrigation water supply systems shall be filed with the county legislative authority before such systems may be required.