AN ACT Relating to
authority of irrigation districts; amending RCW 87.03.440 and 87.76.040; and
adding a new section to chapter 87.03 RCW.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. 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 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 district had assessments, tolls,
and miscellaneous collections in each of two of the preceding three years equal
to at least two million dollars or if the board has the approval of the
county treasurer to designate some other person. If ((the)) a
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)) of two hundred fifty thousand dollars
conditioned that he or she will faithfully perform the duties of his or her office
as treasurer of the district. 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. 2. RCW 87.76.040 and 1987 c
124 s 2 are each amended to read as follows:
To avoid duplication of
effort the state association may, in the discretion of its officers, affiliate
and cooperate with other organizations and agencies engaged in the furthering
of reclamation of lands in the state and make financial contributions to them
for such purpose. In carrying out the powers authorized by this chapter,
the association of irrigation districts is authorized to enter into contracts
with the federal government, the state, irrigation districts, boards of
control, municipal or quasi-municipal corporations, cooperatives, other public
or private agencies, and associate organizations. The association of
irrigation districts is authorized to advance funds to promote the development
and utilization of agricultural water and power resources and to employ the
technical and professional assistance necessary to survey, plan, investigate,
study, print, and publish information and literature to promote the development
and utilization of such resources and provide and present data and information to
members of congress, any committee of congress, and to other federal officials
as an aid in securing needed legislation, contracts, and timely appropriations.
NEW SECTION. Sec.
3. A new section is added
to chapter 87.03 RCW to read as follows:
(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 system when the required response exceeds the
existing resources available to the district requesting assistance. Assistance
may be provided without compensation.
(2) Whenever the
employees of an irrigation district are rendering outside aid pursuant to the
authority contained in this section, the employees have the same powers,
duties, rights, privileges, and immunities as if they were performing their
duties in the irrigation district in which they are normally employed.
Supervision of the employees may be temporarily delegated as provided by the
mutual aid agreement.
(3) The irrigation
district in which any equipment is used pursuant to this section is liable for
any loss or damage caused to the equipment and shall pay any ordinary expense
incurred in the daily operation and maintenance of the equipment. No claim for
loss, damage, or expense may be allowed unless, within sixty days after the
loss, damage, or expense is sustained or incurred, an itemized notice of the
claim under oath is served by mail or otherwise upon the secretary of the
irrigation district where the equipment was used.
