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ENGROSSED SUBSTITUTE HOUSE BILL 2537
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State of Washington 54th Legislature 1996 Regular Session
By House Committee on Agriculture & Ecology (originally sponsored by Representatives Honeyford, Chandler, Mastin, Clements, Schoesler, Foreman, Grant, Lisk and Mulliken)
Read first time 02/02/96.
AN ACT Relating to the creation, operation, and management of boards of joint control; amending RCW 87.80.010, 87.80.020, 87.80.030, 87.80.050, 87.80.060, 87.80.090, 87.80.100, 87.80.110, 87.80.120, 87.80.130, 87.80.140, 87.80.160, 87.80.190, 87.80.200, 87.03.440, 90.03.380, 43.83B.050, and 43.99E.030; adding new sections to chapter 87.80 RCW; and repealing RCW 87.80.170, 87.80.180, and 87.80.210.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 87.80.010 and 1949 c 56 s 1 are each amended to read as follows:
A board of joint
control may be created as provided in this chapter to administer:
(1) The construction, operation, maintenance, betterments,
and regulations of the ((water works, main, and branch canals, if any, and
water lines and other water facilities)) joint use facilities, including
reservoirs, canals, hydroelectric facilities, pumping stations, drainage works,
reserved works as may be transferred by contracts with the United States, and
system interconnections, of two or more irrigation ((districts and
others)) entities which are the owners of, have an ownership
interest in, or are trustees for owners of water rights having the same ((natural))
source ((and)) or which use ((the same)) common works for
the diversion and either transportation, or drainage, or both, of
all or any part of their respective irrigation water supplies((, may be
created as hereinafter provided)); and (2) activities and programs that
promote more effective and efficient water management for the benefit of member
entities of a board of joint control.
NEW SECTION. Sec. 2. A new section is added to chapter 87.80 RCW to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Area of jurisdiction" means all lands within the exterior boundary of the composite area served by the irrigation entities that comprise the board of joint control as the boundary is represented on the map filed under RCW 87.80.030.
(2) "Irrigation entity" means an irrigation district or an operating entity for a division within a federal reclamation project.
(3) "Joint use facilities" means those works, including reservoirs, canals, hydroelectric facilities, pumping stations, drainage works, reserved works as may be transferred by contracts with the United States, and system interties that are determined by the board of joint control to provide common benefit to its members.
(4) "Ownership interest" means the irrigation entity holds water rights in its name for the benefit of its water users or, in federal reclamation projects, the irrigation entity has a contractual responsibility for delivery of water to its individual water users.
Sec. 3. RCW 87.80.020 and 1949 c 56 s 2 are each amended to read as follows:
For the purpose of
creating ((such)) a board of joint control a petition signed by
((three)) two or more ((owners of)) entities that are
owners of or hold an ownership interest in water rights having the same ((natural))
source of water ((and which owners)) or use common works for the
diversion ((and)), transportation, or drainage of all or
any part of their respective irrigation water supplies, ((as aforesaid,
shall)) must be filed with the board of county commissioners of the
county in which the greater part of the land irrigated from ((said)) the
source of water supply is situated. ((No irrigation district shall be
represented on said petition without the signatures of the entire membership of
its board of directors.))
Sec. 4. RCW 87.80.030 and 1949 c 56 s 3 are each amended to read as follows:
The petition for the
creation of a board of joint control shall be addressed to the board of county
commissioners, shall describe generally the ((water works, main, and branch
canals, if any, and water lines and other water facilities involved)) relationship,
if any, of the irrigation entities to an established federal reclamation
project, the primary water works of the entities including reservoirs, main
canals, hydroelectric facilities, pumping stations, and drainage facilities,
giving them their local names, if any they have, and shall show generally the
physical relationship of the lands being watered from the ((common use of
said water works, canals, lines and other)) water facilities((:
PROVIDED, That)). However, lands included in any irrigation ((district))
entity involved need not be described individually but shall be included
by stating the name of the irrigation ((district)) entity and all
the irrigable lands in the irrigation ((district)) entity named
shall by that method be deemed to be involved unless otherwise specifically
stated in the petition. Further, the petition must propose the formula for
board of joint control apportionment of costs among its members, and may
propose the composition of the board of joint control as to membership, chair,
and voting structure. The petition shall also state generally the reasons
for the creation of a board of joint control and any other matter the
petitioners deem material, and shall allege that it is in the public
interest and to the benefit of all the owners of the lands receiving water ((from
said common source)) within the area of jurisdiction, that ((said))
the board of joint control be created and ((pray)) request
that the board of county commissioners consider ((said)) the
petition and take the necessary steps provided by law for the creation of a
board of joint control. The petition shall be accompanied by a map showing the
area of jurisdiction and the general location of the water ((works,
main, and branch canals, if any, and water lines and other water)) supply
and distribution facilities.
Sec. 5. RCW 87.80.050 and 1988 c 127 s 66 are each amended to read as follows:
Notice of the hearing
on ((said)) the petition shall be given by the clerk of the board
of county commissioners by publishing the same, at the cost of the board of
control, if created, otherwise at the cost of the petitioners, in the official
newspaper of the county in at least three weekly issues thereof((:
PROVIDED, That)). However, the time of the hearing shall not be
less than thirty days from the date of the first publication of ((said))
the notice. A copy of ((said)) the notice shall be posted
at the regular meeting place of the board of directors of each irrigation ((district))
entity concerned in the granting or denial of ((said)) the
petition and a copy of the notice shall be mailed to the department of ecology
at Olympia at least thirty days prior to the day of ((said)) the
hearing.
Sec. 6. RCW 87.80.060 and 1949 c 56 s 6 are each amended to read as follows:
The notice of the
hearing on ((said)) the petition shall state that a petition ((praying
for)) requesting the creation of a board of joint control to
administer the ((operation, maintenance, betterments and regulation of the
water works, main, and branch canals, if any, and water lines, naming them, if
named in the petition, and other water facilities involved)) facilities
and activities, naming them if named in the petition, has been filed with
the board of county commissioners of the county (((naming it))),
naming the county; that ((said)) the board of joint control,
if it is created, will have authority to provide for ((assessments)) apportionment
of costs to carry out the objects of its creation ((against the
irrigable lands in the several irrigation districts)) among the member
irrigation entities (naming them) ((and against any other lands involved
if set out in the petition (describing them))); shall state the day, hour,
and place of the hearing on the petition; shall state that any person
interested in the creation of ((said)) the board of joint control
may appear on or before the day of hearing on ((said)) the
petition, and show cause in writing, if any ((he has)), why the same
should not be granted, and the notice shall be over the name of the clerk of
the board of county commissioners.
Sec. 7. RCW 87.80.090 and 1949 c 56 s 8 are each amended to read as follows:
If the board of county
commissioners determine that the creation of a board of joint control is in the
public interest and is of benefit to the ((lands)) irrigation
entities concerned, it shall so find and adopt a resolution creating the
board of joint control, designating it (((give [giving] the)) name of
county) County Joint Control Board No. (specify number), and the county board
at the same time shall appoint ((the president of the board of directors of
each irrigation district involved and the resident owner of each individual
tract of land involved or such other person as any said landowner shall
designate in writing, as)) the first members of ((said)) the
board of joint control based on the board composition proposed in the
petition and ((said)) the board of joint control shall
consist of ((said)) this membership. A copy of ((said)) the
resolution creating the board of joint control certified by the clerk of the
county board shall be filed with the county assessor of the county in which the
board of joint control was created and with the county assessor in any other
county in the state in which any lands involved are situated, within five days
after ((said)) the resolution is adopted.
Sec. 8. RCW 87.80.100 and 1949 c 56 s 9 are each amended to read as follows:
The principal office
and place of business of the board of joint control shall be at a place to be
designated by the board in the county in which the board was created. Each
member of the board before entering on the duties of his or her office
shall subscribe a written oath for the faithful discharge of his or her
duties as ((such)) a member and file the ((same)) oath
with the county clerk of ((said)) the county. The filing of ((such))
the oath shall be without clerk's fee. The term of office of members of
the board ((shall be)) is for one year or a fraction
thereof ending on the first Monday in March next following their selection and
until their respective successors are selected as ((herein)) provided in
this section. The term of the first members of the board shall also be as
above stated. In January of each year the board of directors of each
irrigation ((district)) entity concerned shall designate in
writing and deliver to the board of joint control, the name or names of
the person or persons who constitute the entity's membership and who
shall represent the ((district)) entity on the board of joint
control for the ensuing year. ((Likewise, the owners of land concerned but
not in the irrigation district, shall each designate in writing a person to
represent their respective lands and file the same with the board of joint
control and that board shall select from the list of persons so filed, one
person to represent the lands outside any irrigation district on the board of
joint control for the ensuing year.)) The persons ((so selected as
aforesaid shall)) designated under this section constitute the board
of joint control for ((such)) the year and until their respective
successors are selected and have qualified. Any irrigation ((district or
owner of land not in a district as the case may be, which)) entity that
fails to designate its ((or his)) representative and to file the same as
((above)) provided ((shall)) in this section is not ((be))
entitled to representation on the board unless and until ((such)) the
requirements are complied with.
Sec. 9. RCW 87.80.110 and 1949 c 56 s 10 are each amended to read as follows:
In the month of March,
or another time as determined by the board of joint control, in each year
the members of the board of joint control shall meet and organize as a board
for the ensuing year and shall select a ((chairman)) chair from
their number and appoint a secretary who may, but need not, be a member of the
board, and who shall keep a record of their proceedings, and perform ((such))
other duties as the board ((shall)) prescribes. Business of the
board shall be transacted at meetings thereof and a majority of the qualified
membership of the board ((shall)) constitutes 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 members present. However,
if an alternative voting structure was proposed in the petition and adopted in
the board of county commissioners' resolution, this structure will govern the
voting procedures of the board of joint control. All meetings of the board
shall be public.
Sec. 10. RCW 87.80.120 and 1949 c 56 s 11 are each amended to read as follows:
Each member of the
board of joint control shall ((receive not to exceed ten dollars per day in
attending meetings of the board to be determined by the board, and such
compensation, not exceeding ten dollars per day for other services previously
authorized and rendered the board, and in addition thereto, the members shall
receive necessary expenses in attending meetings or when otherwise engaged on
the business of the board)) be compensated for services in accordance
with the provisions of RCW 87.03.460. The amount must be fixed by resolution
and entered in the minutes of the proceedings of the board. The board
shall fix the compensation to be paid the secretary and all other agents and
employees of the board.
Sec. 11. RCW 87.80.130 and 1949 c 56 s 12 are each amended to read as follows:
(1) A board of
joint control created under the provisions of this chapter shall have full
authority within its area of jurisdiction to enter into and perform any
and all necessary contracts((,)); to accept grants and loans,
including, but not limited to, those provided under chapters 43.83B and 43.99E
RCW, to appoint and employ and discharge the necessary officers, agents,
and employees((,)); to sue and be sued as a board but without
personal liability of the members thereof in any and all matters in which all
the irrigation ((districts and others)) entities represented on
the board as a whole have a common interest without making ((such districts
and other parties)) the irrigation entities parties to the suit;
to represent ((said districts and others)) the entities in all
matters of common interest as a whole within the scope of this chapter;
and to do any and all lawful acts required and expedient to carry out the
purposes of this chapter((: PROVIDED, That nothing in this chapter
contained shall be held or construed to give the board of joint control
authority to abridge, increase or modify the water rights of any irrigation
district or others represented on the board or the privileges or burdens
incident thereto or connected therewith and in the apportionment of expenses
and outlays chargeable to the respective irrigation districts and others, the
board shall be bound by their respective water rights and appurtenant
privileges and burdens)).
(2) A board of joint control is authorized and encouraged to pursue conservation and system efficiency improvements to optimize the use of appropriated waters and to either redistribute the saved water within its area of jurisdiction, or, subject to state law, transfer the water to others, or both. Such a redistribution may be made if it can be made without detriment or injury to rights existing outside of the area of jurisdiction of the board of joint control. The redistribution shall in no manner adversely impact water service to existing water users.
(3) A board of joint control is authorized to design, construct, and operate either drainage projects, or water quality enhancement projects, or both.
(4) Where the board of joint control area of jurisdiction is totally within a federal reclamation project, the board is authorized to accept operational responsibility for federal reserved works.
(5) Nothing contained in this chapter gives a board of joint control the authority to abridge the existing rights, responsibilities, and authorities of an individual irrigation entity or others within the area of jurisdiction; nor in a case where the board of joint control consists of representatives of two or more divisions of a federal reclamation project shall the board of joint control abridge any powers of an existing board of control created through federal contract; nor shall a board of joint control have any authority to abridge or modify a water right benefitting lands within its area of jurisdiction without consent of the party holding the ownership interest in the water right.
(6) A board of joint control created under this chapter may not use any authority granted to it by this chapter or by RCW 90.03.380 to authorize a transfer of or change in a water right or to authorize a redistribution of saved water before July 1, 1997.
Sec. 12. RCW 87.80.140 and 1949 c 56 s 13 are each amended to read as follows:
In September of each
year the board of joint control shall prepare a budget of its estimated
expenses and outlay for the ensuing calendar year and the apportionment thereof
chargeable against the several irrigation ((districts and others)) entities
coming within the jurisdiction of the board and shall fix a time and place when
((said)) the budget shall be considered and adopted by the
board. Notice of the hearing of the budget signed by the secretary of the
board shall be published in at least two weekly issues of a newspaper of
general circulation in each county in which any lands chargeable with ((said))
the expense and outlay of the board are situated. The date of the first
publication of ((such)) the notice shall be not less than ten
days prior to the day of ((said)) the hearing.
Sec. 13. RCW 87.80.160 and 1949 c 56 s 15 are each amended to read as follows:
Immediately after final
adoption of the budget the secretary of the board shall mail or deliver a copy
thereof showing the apportionment of the charge to each irrigation ((district))
entity, to the secretary of each irrigation ((district)) entity
coming under the jurisdiction of the board of joint control and it shall be the
duty of each irrigation ((district)) entity to include in its
levy for the ensuing year, the amount apportioned and charged to it in the
budget.
Sec. 14. RCW 87.80.190 and 1949 c 56 s 18 are each amended to read as follows:
There is ((hereby))
created in the county treasurer's office of the county in which the board of
joint control was created, a special fund to be designated Control Fund of the
(naming the county) County Joint Control Board No. (specifying the number).
The county treasurer shall distribute all collections for this fund to ((said))
the control fund. The treasurer of any other county collecting
assessments for this fund shall remit the ((same)) assessments
monthly to the county treasurer of the county in which the board of joint
control was created. However, at the option of the board of joint control,
a treasurer other than the county treasurer may be designated under RCW
87.03.440.
Sec. 15. RCW 87.80.200 and 1949 c 56 s 19 are each amended to read as follows:
When the county
treasurer serves as treasurer for the board of joint control, the board of
joint control shall issue vouchers for its operations against ((said)) the
control fund and the county treasurer shall pay out moneys from ((said))
the fund upon warrants drawn by the county auditor of said county.
NEW SECTION. Sec. 16. A new section is added to chapter 87.80 RCW to read as follows:
A board of joint control created under this chapter is limited to the membership, area of jurisdiction, and other terms and conditions contained in the resolution of the board of county commissioners filed under RCW 87.80.090. Amendments may be proposed at any time by the board of joint control to the board of county commissioners and acted upon through the petition process contained in RCW 87.80.030 through 87.80.090.
NEW SECTION. Sec. 17. A new section is added to chapter 87.80 RCW to read as follows:
An irrigation entity under contract with an agency of the federal government for the construction or operation of its irrigation system may not participate in a board of joint control under this chapter if this action is in conflict with provisions of the subject contract. If a responsible official of the federal agency notifies the board of county commissioners in writing on or before the day of hearing provided under RCW 87.80.060 of a conflict in contract provisions and evidences the conflict, the board of county commissioners must deny the irrigation entity's proposed participation. If subsequent to formation of a board of joint control, a judicial decision determines a conflict in contract conditions, the irrigation entity must not participate in a project or activity inconsistent with the court determination.
Sec. 18. RCW 87.03.440 and 1993 c 449 s 12 are each amended to read as follows:
The treasurer of the county in which is located the office of the district shall be ex officio treasurer of the district, and any county treasurer handling district funds shall be liable upon his or her official bond and to criminal prosecution for malfeasance and misfeasance, or failure to perform any duty as county or district treasurer. The treasurer of each county in which lands of the district are located shall collect and receipt for all assessments levied on lands within his or her county. There shall be deposited with the district treasurer all funds of the district. The district treasurer shall pay out such funds upon warrants issued by the county auditor against the proper funds of the district, except the sums to be paid out of the bond fund for interest and principal payments on bonds: PROVIDED, That in those districts which designate their own treasurer, the treasurer may issue the warrants or any checks when the district is authorized to issue checks. All warrants shall be paid in the order of their issuance. The district treasurer shall report, in writing, on the first Monday in each month to the directors, the amount in each fund, the receipts for the month preceding in each fund, and file the report with the secretary of the board. The secretary shall report to the board, in writing, at the regular meeting in each month, the amount of receipts and expenditures during the preceding month, and file the report in the office of the board.
The preceding paragraph of this section notwithstanding, the board of directors or board of control of an irrigation district which lies in more than one county and which had assessments in each of two of the preceding three years equal to at least five hundred thousand dollars, or a board of joint control created under chapter 87.80 RCW, may designate some other person having experience in financial or fiscal matters as treasurer of the district. In addition, the board of directors of an irrigation district which lies entirely within one county may designate some other person having experience in financial or fiscal matters as treasurer of the district if the board has the approval of the county treasurer to designate some other person. If the board designates a treasurer, it shall require a bond with a surety company authorized to do business in the state of Washington in an amount and under the terms and conditions which it finds from time to time will protect the district against loss. The premium on the bond shall be paid by the district. The designated treasurer shall collect and receipt for all irrigation district assessments on lands within the district and shall act with the same powers and duties and be under the same restrictions as provided by law for county treasurers acting in matters pertaining to irrigation districts, except the powers, duties, and restrictions in RCW 87.56.110 and 87.56.210 which shall continue to be those of county treasurers.
In those districts which have designated their own treasurers, the provisions of law pertaining to irrigation districts which require certain acts to be done and which refer to and involve a county treasurer or the office of a county treasurer or the county officers charged with the collection of irrigation district assessments, except RCW 87.56.110 and 87.56.210 shall be construed to refer to and involve the designated district treasurer or the office of the designated district treasurer.
Any claim against the district for which it is liable under existing laws shall be presented to the board as provided in RCW 4.96.020 and upon allowance it shall be attached to a voucher and approved by the chairman and signed by the secretary and directed to the proper official for payment: PROVIDED, That in the event claimant's claim is for crop damage, the claimant in addition to filing his or her claim within the applicable period of limitations within which an action must be commenced and in the manner specified in RCW 4.96.020 must file with the secretary of the district, or in the secretary's absence one of the directors, not less than three days prior to the severance of the crop alleged to be damaged, a written preliminary notice pertaining to the crop alleged to be damaged. Such preliminary notice, so far as claimant is able, shall advise the district; that the claimant has filed a claim or intends to file a claim against the district for alleged crop damage; shall give the name and present residence of the claimant; shall state the cause of the damage to the crop alleged to be damaged and the estimated amount of damage; and shall accurately locate and describe where the crop alleged to be damaged is located. Such preliminary notice may be given by claimant or by anyone acting in his or her behalf and need not be verified. No action may be commenced against an irrigation district for crop damages unless claimant has complied with the provisions of RCW 4.96.020 and also with the preliminary notice requirements of this section.
Sec. 19. RCW 90.03.380 and 1991 c 347 s 15 are each amended to read as follows:
The right to the use of water which has been applied to a beneficial use in the state shall be and remain appurtenant to the land or place upon which the same is used: PROVIDED, HOWEVER, That said right may be transferred to another or to others and become appurtenant to any other land or place of use without loss of priority of right theretofore established if such change can be made without detriment or injury to existing rights. The point of diversion of water for beneficial use or the purpose of use may be changed, if such change can be made without detriment or injury to existing rights. Before any transfer of such right to use water or change of the point of diversion of water or change of purpose of use can be made, any person having an interest in the transfer or change, shall file a written application therefor with the department, and said application shall not be granted until notice of said application shall be published as provided in RCW 90.03.280. If it shall appear that such transfer or such change may be made without injury or detriment to existing rights, the department shall issue to the applicant a certificate in duplicate granting the right for such transfer or for such change of point of diversion or of use. The certificate so issued shall be filed and be made a record with the department and the duplicate certificate issued to the applicant may be filed with the county auditor in like manner and with the same effect as provided in the original certificate or permit to divert water.
If an application for change proposes to transfer water rights from one irrigation district to another, the department shall, before publication of notice, receive concurrence from each of the irrigation districts that such transfer or change will not adversely affect the ability to deliver water to other landowners or impair the financial integrity of either of the districts.
A change in place of use by an individual water user or users of water provided by an irrigation district need only receive approval for the change from the board of directors of the district if the use of water continues within the irrigation district, and when water is provided by an irrigation entity that is a member of a board of joint control created under chapter 87.80 RCW, approval need only be received from the board of joint control if the use of water continues within the area of jurisdiction of the joint board and the change can be made without detriment of injury to existing rights.
This section shall not apply to trust water rights acquired by the state through the funding of water conservation projects under chapter 90.38 RCW or RCW 90.42.010 through 90.42.070.
Sec. 20. RCW 43.83B.050 and 1975 c 18 s 1 are each amended to read as follows:
As used in this chapter, the term "water supply facilities" shall mean municipal, industrial, and agricultural water supply and distribution systems including, but not limited to, all equipment, utilities, structures, real property, and interests in and improvements on real property, necessary for or incidental to the acquisition, construction, installation, or use of any municipal, industrial, or agricultural water supply or distribution system.
As used in this chapter, the term "public body" means the state of Washington, or any agency, political subdivision, taxing district, or municipal corporation thereof, a board of joint control, an agency of the federal government, and those Indian tribes now or hereafter recognized as such by the federal government for participation in the federal land and water conservation program and which may constitutionally receive grants or loans from the state of Washington.
Sec. 21. RCW 43.99E.030 and 1979 ex.s. c 234 s 5 are each amended to read as follows:
As used in this chapter, the term "water supply facilities" means domestic, municipal, industrial, and agricultural (and any associated fishery, recreational, or other beneficial use) water supply or distribution systems including but not limited to all equipment, utilities, structures, real property, and interests in and improvements on real property necessary for or incidental to the acquisition, construction, installation, or use of any such water supply or distribution system.
As used in this chapter, the term "public body" means the state of Washington or any agency, political subdivision, taxing district, or municipal or public corporation thereof; a board of joint control; an agency of the federal government; and those Indian tribes which may constitutionally receive grants or loans from the state of Washington.
NEW SECTION. Sec. 22. A new section is added to chapter 87.80 RCW to read as follows:
A board of joint control created among irrigation entities utilizing waters of the Yakima river and tributaries shall, when undertaking water conservation projects, fully coordinate those projects with federal and state programs adopted under the Yakima river basin water enhancement project, P.L. 103-434. The projects shall be developed and implemented, consistent with the board's development schedule, within the framework of the Yakima river basin water enhancement project policies and procedures provided by the state and federal governments, as funds are available to the board of joint control for the projects. However, should the federal and state governments be unable to support the projects of the board in a timely manner, the board may pursue projects under alternative funding programs and conditions.
NEW SECTION. Sec. 23. A new section is added to chapter 87.80 RCW to read as follows:
A board of joint control created under this chapter does not have the power to authorize a change in any water right that would change the point or points of diversion for the water right without the approval of the department of ecology. No change in a water right may be authorized by or approved by such a board of joint control except as authorized under RCW 90.03.380. A board of joint control shall not authorize or approve a change in a water right unless the change can be made without injury or detriment to existing rights.
NEW SECTION. Sec. 24. The following acts or parts of acts are each repealed:
(1) RCW 87.80.170 and 1949 c 54 s 16;
(2) RCW 87.80.180 and 1949 c 56 s 17; and
(3) RCW 87.80.210 and 1949 c 56 s 20.
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