H 0254

H‑0254.2 _____________________________________________

HOUSE BILL 2037

_____________________________________________

State of Washington 57th Legislature 2001 Regular Session

By Representative G. Chandler

Read first time 02/13/2001. Referred to Committee on Agriculture & Ecology.

_1 AN ACT Relating to administration of irrigation districts; and

_2 amending RCW 87.03.845, 85.08.850, 87.03.560, and 87.03.445.

_3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_4 Sec. 1. RCW 87.03.845 and 1998 c 84 s 1 are each amended to read

_5 as follows:

_6 This section and RCW 87.03.847 through 87.03.855 provide the

_7 procedures by which a minor irrigation district may be merged into

_8 a major irrigation district as authorized by RCW 87.03.530(2).

_9 To institute proceedings for such a merger, the board of

10 directors of the minor district shall adopt a resolution

11 requesting the board of directors of the major district to

12 consider the merger, or proceedings for such a merger may be

13 instituted by a petition requesting the board of directors of the

14 major district to consider the merger, signed by ten owners of

15 land within the minor district or five percent of the total number

16 of landowners within the minor district, whichever is greater.

17 However, if there are fewer than twenty owners of land within the

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_1 minor irrigation district, the petition shall be signed by a

_2 majority of the landowners and filed with the board of directors

_3 of the major irrigation district.

_4 For the purpose of determining the number of landowners

_5 required to initiate merger proceedings under this section, a

_6 husband and wife owning property as community property shall be

_7 considered a single landowner; two or more persons or entities

_8 holding title to property as tenants in common, joint tenants,

_9 tenants in partnership, or other form of joint ownership shall be

10 considered a single landowner; and the petition requesting the

11 merger shall be considered by the board of directors of the major

12 irrigation district may be signed by either the husband or wife

13 and by any one of the co-owners of jointly owned property.

14 The board of directors of the major irrigation district shall

15 consider the request at the next regularly scheduled meeting of

16 the board of directors of the major district following its receipt

17 of the minor district's request or at a special meeting called for

18 the purpose of considering the request. If the board of the major

19 district denies the request of the minor district, no further

20 action on the request shall be taken.

21 If the board of the major district does not deny the request,

22 it shall conduct a public hearing on the request and shall give

23 notice regarding the hearing. The notice shall describe the

24 proposed merger and shall be published once a week for two

25 consecutive weeks preceding the date of the hearing and the last

26 publication shall be not more than seven days before the date of

27 the hearing. The notice shall contain a statement that unless the

28 holders of title or evidence of title to at least twenty percent

29 of the assessed lands within the major district file a protest

30 opposing the merger with the board of the major district at or

31 before the hearing, the board is free to approve the request for

32 the merger without an election being conducted in the major

33 district on the request. If the board of the major district is

34 considering requests from more than one minor district, the

35 hearing shall be conducted on all such requests.

36 Sec. 2. RCW 85.08.850 and 1996 c 313 s 1 are each amended to read

37 as follows:

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_1 The petition requesting the merger shall be signed by the board

_2 of supervisors of, or by ten ((~~owners of land~~)) landowners located

_3 within, the drainage improvement district, joint drainage

_4 improvement district, or consolidated drainage improvement

_5 district and presented to the clerk or clerks of the appropriate

_6 county legislative authority or authorities, at a regular or

_7 special meeting.

_8 Sec. 3. RCW 87.03.560 and 1889-90 p 694 s 48 are each amended to

_9 read as follows:

10 The holder or holders of title, or evidence of title,

11 representing one-half or more of any body of lands ((~~adjacent to~~

12 ~~the boundary of an irrigation district, which are contiguous and~~

13 ~~which, taken together, constitute one tract of land,~~)) may file

14 with the board of directors of ((~~said~~)) an irrigation district a

15 petition in writing, praying that the boundaries of ((~~said~~)) the

16 district may be so changed as to include ((~~therein said~~)) such

17 lands. The petition shall describe the boundaries of ((~~said~~)) the

18 parcel or tract of land, and shall also describe the boundaries of

19 the several parcels owned by the petitioners, if the petitioners

20 be the owners respectively of distinct parcels, but such

21 descriptions need not be more particular than they are required to

22 be when such lands are entered by the county assessor in the

23 assessment book. Such petition must contain the assent of the

24 petitioners to the inclusion within ((~~said~~)) the district of the

25 parcels or tracts of land described in the petition, and of which

26 ((~~said~~)) the petition alleges they are respectively the owners;

27 and it must be acknowledged in the same manner that conveyances of

28 land are required to be acknowledged.

29 Sec. 4. RCW 87.03.445 and 1998 c 285 s 3 are each amended to read

30 as follows:

31 (1) The cost and expense of purchasing and acquiring property,

32 and construction, reconstruction, extension, and betterment of the

33 works and improvements herein provided for, and the expenses

34 incidental thereto, and indebtedness to the United States for

35 district lands assumed by the district, and for the carrying out

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_1 of the purposes of this chapter, may be paid for by the board of

_2 directors out of the funds received from bond sales as well as

_3 other district funds.

_4 (2) For the purpose of defraying the costs and expenses of the

_5 organization of the district, and of the care, operation,

_6 management, maintenance, repair, and improvement of the district

_7 and its irrigation water, domestic water, electric power,

_8 drainage, or sewer facilities or of any portion thereof, or for

_9 the payment of any indebtedness due the United States or the state

10 of Washington, or for the payment of district bonds, the board may

11 either fix rates or tolls and charges, and collect the same from

12 all persons for whom district service is made available for

13 irrigation water, domestic water, electric power, drainage or

14 sewerage, and other purposes, or it may provide for the payment of

15 said costs and expenses by a levy of assessment therefor, or by

16 both said rates or tolls and charges and assessment.

17 (3) If the assessment method is utilized, the levy of

18 assessments shall be made on the completion and equalization of

19 the assessment roll each year, and the board shall have the same

20 powers and functions for the purpose of said levy as possessed by

21 it in case of levy to pay bonds of the district. The procedure for

22 the collection of assessments by such levy shall in all respects

23 conform with the provisions of this chapter, relating to the

24 collection of assessments for the payment of principal and

25 interest of bonds herein provided for, and shall be made at the

26 same time.

27 (4) If the rates or tolls and charges method is adopted in

28 whole or in part, the secretary shall deliver to the board of

29 directors, within the time for filing the assessment roll, a

30 schedule containing the names of the owners or reputed owners, as

31 shown on the rolls of the county treasurer as of the first Tuesday

32 in November of each year such a schedule is filed of the various

33 parcels of land against which rates or tolls and charges are to be

34 levied, the description of each such parcel of land and the amount

35 to be charged against each parcel for irrigation water, domestic

36 water, electric power, drainage, sewerage, and other district

37 costs and expenses. Said schedule of rates or tolls and charges

38 shall be equalized pursuant to the same notice, in the same

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_1 manner, at the same time and with the same legal effect as in the

_2 case of assessments. Such schedule of rates or tolls and charges

_3 for a given year shall be filed with the proper county treasurer

_4 within the same time as that provided by law for the filing of the

_5 annual assessment roll, and the county treasurer shall collect and

_6 receipt for the payment of said rates or tolls and charges and

_7 credit them to the proper funds of the district. The board may

_8 designate the time and manner of making such collections and shall

_9 require the same to be paid in advance of delivery of water and

10 other service. All tolls and charges levied shall also at once

11 become and constitute an assessment upon and against the lands for

12 which they are levied, with the same force and effect, and the

13 same manner of enforcement, and with the same rate of interest

14 from date of delinquency, in case of nonpayment, as other district

15 assessments.

16 (5) As an alternative method of imposing, collecting, and

17 enforcing such rates or tolls and charges, the board may also base

18 such rates or tolls and charges upon the quantity of irrigation

19 water, domestic water, or electric power delivered, or drainage or

20 sewage disposed of, and may fix a minimum rate or toll and charge

21 to be paid by each parcel of land or use within the district for

22 the delivery or disposal of a stated quantity of each such service

23 with a graduated charge for additional quantities of such services

24 delivered or disposed of. If the board elects to utilize this

25 alternative method of imposing, collecting, and enforcing such

26 rates or tolls and charges, there shall be no requirement that the

27 schedule referred to in the preceding paragraph be prepared, be

28 filed with the board of directors by the secretary, be equalized,

29 or be filed with a county treasurer. The board shall enforce

30 collection of such rates or tolls and charges against property to

31 which and its owners to whom the service is available, such rates

32 or tolls and charges being deemed charges and a lien against the

33 property to which the service is available, until paid in

34 full. Prior to furnishing services, a board may require a deposit

35 to guarantee payment for services. However, failure to require a

36 deposit does not affect the validity of any lien authorized by

37 this section.

38 (6) The board may provide by resolution that where such rates

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_1 or tolls and charges are delinquent for any specified period of

_2 time, the district shall certify the delinquencies to the

_3 treasurer of the county in which the real property is located, and

_4 the charges and any penalties added thereto and interest thereon

_5 at the rate not to exceed twelve percent per annum fixed by

_6 resolution shall be a lien against the property to which the

_7 service was available, subject only to the lien for general

_8 taxes. The district may, at any time after such rates or tolls and

_9 charges and penalties provided for herein are delinquent for a

10 period of one year, bring suit in foreclosure by civil action in

11 the superior court of the county in which the real property is

12 situated.

13 (7) A board may determine how to apply partial payments on past

14 due accounts.

15 (8) A board may provide a real property owner or the owner's

16 designee with duplicate bills for service to tenants, or may

17 notify an owner or the owner's designee that a tenant's service

18 account is delinquent. However, if an owner or the owner's designee

19 notifies the board in writing that a property served by the board

20 is a rental property, asks to be notified of a tenant's

21 delinquency, and has provided, in writing, a complete and accurate

22 mailing address, the board shall notify the owner or the owner's

23 designee of a tenant's delinquency at the same time and in the

24 same manner the board notifies the tenant of the tenant's

25 delinquency or by mail. When a district provides a real property

26 owner or the owner's designee with duplicates of tenant utility

27 service bills or notice that a tenant's utility account is

28 delinquent, the district shall notify the tenant that it is

29 providing the duplicate bills or delinquency notice to the owner

30 or the owner's designee. After January 1, 1999, if a board fails to

31 notify the owner of a tenant's delinquency after receiving a

32 written request to do so and after receiving the other information

33 required by this subsection (8), the board shall have no lien

34 against the premises for the tenant's delinquent and unpaid

35 charges.

36 (9) The court may allow, in addition to the costs and

37 disbursements provided by statute, such attorneys' fees as it may

38 adjudge reasonable. The action shall be in rem against the

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_1 property, and in addition may be brought in the name of the

_2 district against an individual, or against all of those who are

_3 delinquent, in one action, and the rules of the court shall

_4 control as in other civil actions. The board may in the same year

_5 use the assessment method for part of the lands in the district

_6 and the rates or tolls and charges method for the remaining lands

_7 in the district in such proportion as it may deem advisable for

_8 the best interest of the district.

_9 (10) The procedures herein provided for the collection and

10 enforcement of rates, tolls, and charges also shall be applicable

11 and available to the districts board of directors for the

12 collection and enforcement of charges for water imposed by

13 contract entered into or administered by the district's board of

14 directors.

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