"Sec. 1   RCW 85.38.090 and 1991 c 349 s 12 are each amended to read as follows:
     (1) Whenever the governing body of a special district has more than three members, the governing body shall be reduced to three members as of January 1, 1986, by eliminating the positions of those district governing body members with the shortest remaining terms of office. The remaining three governing body members shall have staggered terms with the one having the shortest remaining term having his or her position filled at the 1987 special district general election, the one with the next shortest remaining term having his or her position filled at the 1989 special district general election, and the one with the longest remaining term having his or her position filled at the 1992 special district general election. If any of these remaining three governing body members have identical remaining terms of office, the newly calculated remaining terms of these persons shall be determined by lot with the county auditor who assists the special district in its elections managing such lot procedure. The newly established terms shall be recorded by the county auditor.
     (2) However, whenever five or more special districts have consolidated under chapter 85.36 RCW and the consolidated district has five members in its governing body on July 28, 1985, the consolidated district may adopt a resolution retaining a five-member governing body. At any time thereafter, such a district may adopt a resolution and reduce the size of the governing body to three members with the reduction occurring as provided in subsection (1) of this section, but the years of the effective dates shall be extended so that the reduction occurs at the next January 1st occurring after the date of the adoption of the resolution. Whenever a special district is so governed by a five-member governing body, two members shall be elected at each of two consecutive special district general elections, and one member shall be elected at the following special district general election, each to serve a six-year staggered term.
     (3) Subsections (1) and (2) of this section do not apply to flood control districts that contain three or more counties.

NEW SECTION.  Sec. 2   A new section is added to chapter 85.38 RCW to read as follows:
     (1) The governing body of a flood control district that contains three or more counties must be comprised of:
     (a) One member from each county contained wholly or partially within the district, as appointed by the legislative authority of each county; and
     (b) One member from one city of each county contained wholly or partially within the district, as appointed by the cities of each county. If the cities of a county within the district fail to appoint a member to the governing body, the city member must be appointed by the legislative authority of the largest city in the county.
     (2) If the district abuts or materially impacts tribal lands held in reserve by the federal government, or any lands within a tribe's usual and accustomed fishing area, the governing body must also include one member from each affected tribe, as nominated by the tribal leadership of each tribe and selected by the members appointed under subsection (1)(a) of this section."