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HOUSE BILL 2037
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Passed Legislature ‑
2001 Regular Session
State of Washington 57th
Legislature 2001 Regular Session
By
Read
first time 02/13/2001. Referred to Committee on Agriculture & Ecology. Changing provisions relating to the administration of
irrigation districts.
_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
p.
1 HB 2037.PL
_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:
HB 2037.PL p.
2
_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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3 HB 2037.PL
_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
HB 2037.PL p.
4
_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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5 HB 2037.PL
_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
HB 2037.PL p.
6
_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.
‑‑‑ END ‑‑‑
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7 HB 2037.PL
