AN
ACT Relating to administration of irrigation districts; and amending RCW
87.03.845, 85.08.850, 87.03.560, and 87.03.445.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
87.03.845 and 1998 c 84 s 1 are each amended to read as follows:
This
section and RCW 87.03.847 through 87.03.855 provide the procedures by which a
minor irrigation district may be merged into a major irrigation district as
authorized by RCW 87.03.530(2).
To
institute proceedings for such a merger, the board of directors of the minor
district shall adopt a resolution requesting the board of directors of the
major district to consider the merger, or proceedings for such a merger may be
instituted by a petition requesting the board of directors of the major
district to consider the merger, signed by ten owners of land within the minor
district or five percent of the total number of landowners within the minor
district, whichever is greater. However, if there are fewer than twenty owners
of land within the minor irrigation district, the petition shall be signed by a
majority of the landowners and filed with the board of directors of the major
irrigation district.
For
the purpose of determining the number of landowners required to initiate merger
proceedings under this section, a husband and wife owning property as community
property shall be considered a single landowner; two or more persons or
entities holding title to property as tenants in common, joint tenants, tenants
in partnership, or other form of joint ownership shall be considered a single
landowner; and the petition requesting the merger shall be considered by the
board of directors of the major irrigation district may be signed by either the
husband or wife and by any one of the co-owners of jointly owned property.
The
board of directors of the major irrigation district shall consider the request
at the next regularly scheduled meeting of the board of directors of the major
district following its receipt of the minor district's request or at a special
meeting called for the purpose of considering the request. If the board of the
major district denies the request of the minor district, no further action on
the request shall be taken.
If
the board of the major district does not deny the request, it shall conduct a
public hearing on the request and shall give notice regarding the hearing. The
notice shall describe the proposed merger and shall be published once a week
for two consecutive weeks preceding the date of the hearing and the last
publication shall be not more than seven days before the date of the hearing.
The notice shall contain a statement that unless the holders of title or
evidence of title to at least twenty percent of the assessed lands within the
major district file a protest opposing the merger with the board of the major
district at or before the hearing, the board is free to approve the request for
the merger without an election being conducted in the major district on the
request. If the board of the major district is considering requests from more
than one minor district, the hearing shall be conducted on all such requests.
Sec.
2. RCW
85.08.850 and 1996 c 313 s 1 are each amended to read as follows:
The
petition requesting the merger shall be signed by the board of supervisors of,
or by ten ((owners of land)) landowners located within, the
drainage improvement district, joint drainage improvement district, or
consolidated drainage improvement district and presented to the clerk or clerks
of the appropriate county legislative authority or authorities, at a regular or
special meeting.
Sec.
3. RCW
87.03.560 and 1889-90 p 694 s 48 are each amended to read as follows:
The
holder or holders of title, or evidence of title, representing one-half or more
of any body of lands ((adjacent to the boundary of an irrigation district,
which are contiguous and which, taken together, constitute one tract of land,))
may file with the board of directors of ((said)) an irrigation
district a petition in writing, praying that the boundaries of ((said)) the
district may be so changed as to include ((therein said)) such
lands. The petition shall describe the boundaries of ((said)) the
parcel or tract of land, and shall also describe the boundaries of the several
parcels owned by the petitioners, if the petitioners be the owners respectively
of distinct parcels, but such descriptions need not be more particular than
they are required to be when such lands are entered by the county assessor in
the assessment book. Such petition must contain the assent of the petitioners
to the inclusion within ((said)) the district of the parcels or
tracts of land described in the petition, and of which ((said)) the
petition alleges they are respectively the owners; and it must be acknowledged
in the same manner that conveyances of land are required to be acknowledged.
Sec.
4. RCW
87.03.445 and 1998 c 285 s 3 are each amended to read as follows:
(1)
The cost and expense of purchasing and acquiring property, and construction,
reconstruction, extension, and betterment of the works and improvements herein
provided for, and the expenses incidental thereto, and indebtedness to the
United States for district lands assumed by the district, and for the carrying
out of the purposes of this chapter, may be paid for by the board of directors
out of the funds received from bond sales as well as other district funds.
(2)
For the purpose of defraying the costs and expenses of the organization of the
district, and of the care, operation, management, maintenance, repair, and
improvement of the district and its irrigation water, domestic water, electric
power, drainage, or sewer facilities or of any portion thereof, or for the
payment of any indebtedness due the United States or the state of Washington,
or for the payment of district bonds, the board may either fix rates or tolls
and charges, and collect the same from all persons for whom district service is
made available for irrigation water, domestic water, electric power, drainage
or sewerage, and other purposes, or it may provide for the payment of said
costs and expenses by a levy of assessment therefor, or by both said rates or
tolls and charges and assessment.
(3)
If the assessment method is utilized, the levy of assessments shall be made on
the completion and equalization of the assessment roll each year, and the board
shall have the same powers and functions for the purpose of said levy as
possessed by it in case of levy to pay bonds of the district. The procedure
for the collection of assessments by such levy shall in all respects conform
with the provisions of this chapter, relating to the collection of assessments
for the payment of principal and interest of bonds herein provided for, and
shall be made at the same time.
(4)
If the rates or tolls and charges method is adopted in whole or in part, the
secretary shall deliver to the board of directors, within the time for filing
the assessment roll, a schedule containing the names of the owners or reputed
owners, as shown on the rolls of the county treasurer as of the first Tuesday
in November of each year such a schedule is filed of the various parcels of
land against which rates or tolls and charges are to be levied, the description
of each such parcel of land and the amount to be charged against each parcel
for irrigation water, domestic water, electric power, drainage, sewerage, and
other district costs and expenses. Said schedule of rates or tolls and charges
shall be equalized pursuant to the same notice, in the same manner, at the same
time and with the same legal effect as in the case of assessments. Such
schedule of rates or tolls and charges for a given year shall be filed with the
proper county treasurer within the same time as that provided by law for the
filing of the annual assessment roll, and the county treasurer shall collect
and receipt for the payment of said rates or tolls and charges and credit them
to the proper funds of the district. The board may designate the time and
manner of making such collections and shall require the same to be paid in
advance of delivery of water and other service. All tolls and charges levied
shall also at once become and constitute an assessment upon and against the
lands for which they are levied, with the same force and effect, and the same
manner of enforcement, and with the same rate of interest from date of
delinquency, in case of nonpayment, as other district assessments.
(5)
As an alternative method of imposing, collecting, and enforcing such rates or
tolls and charges, the board may also base such rates or tolls and charges upon
the quantity of irrigation water, domestic water, or electric power delivered,
or drainage or sewage disposed of, and may fix a minimum rate or toll and
charge to be paid by each parcel of land or use within the district for the
delivery or disposal of a stated quantity of each such service with a graduated
charge for additional quantities of such services delivered or disposed of. If
the board elects to utilize this alternative method of imposing, collecting,
and enforcing such rates or tolls and charges, there shall be no requirement
that the schedule referred to in the preceding paragraph be prepared, be filed
with the board of directors by the secretary, be equalized, or be filed with a
county treasurer. The board shall enforce collection of such rates or tolls
and charges against property to which and its owners to whom the service is
available, such rates or tolls and charges being deemed charges and a lien
against the property to which the service is available, until paid in full.
Prior to furnishing services, a board may require a deposit to guarantee
payment for services. However, failure to require a deposit does not affect
the validity of any lien authorized by this section.
(6)
The board may provide by resolution that where such rates or tolls and charges
are delinquent for any specified period of time, the district shall certify the
delinquencies to the treasurer of the county in which the real property is
located, and the charges and any penalties added thereto and interest thereon
at the rate not to exceed twelve percent per annum fixed by resolution shall be
a lien against the property to which the service was available, subject only to
the lien for general taxes. The district may, at any time after such rates or
tolls and charges and penalties provided for herein are delinquent for a period
of one year, bring suit in foreclosure by civil action in the superior court of
the county in which the real property is situated.
(7)
A board may determine how to apply partial payments on past due accounts.
(8)
A board may provide a real property owner or the owner's designee with
duplicate bills for service to tenants, or may notify an owner or the owner's
designee that a tenant's service account is delinquent. However, if an owner
or the owner's designee notifies the board in writing that a property served by
the board is a rental property, asks to be notified of a tenant's delinquency,
and has provided, in writing, a complete and accurate mailing address, the
board shall notify the owner or the owner's designee of a tenant's delinquency
at the same time and in the same manner the board notifies the tenant of the
tenant's delinquency or by mail. When a district provides a real property
owner or the owner's designee with duplicates of tenant utility service bills
or notice that a tenant's utility account is delinquent, the district shall
notify the tenant that it is providing the duplicate bills or delinquency
notice to the owner or the owner's designee. After January 1, 1999, if a board
fails to notify the owner of a tenant's delinquency after receiving a written
request to do so and after receiving the other information required by this
subsection (8), the board shall have no lien against the premises for the
tenant's delinquent and unpaid charges.
(9)
The court may allow, in addition to the costs and disbursements provided by
statute, such attorneys' fees as it may adjudge reasonable. The action shall
be in rem against the property, and in addition may be brought in the name of
the district against an individual, or against all of those who are delinquent,
in one action, and the rules of the court shall control as in other civil
actions. The board may in the same year use the assessment method for part of
the lands in the district and the rates or tolls and charges method for the
remaining lands in the district in such proportion as it may deem advisable for
the best interest of the district.
(10)
The procedures herein provided for the collection and enforcement of rates,
tolls, and charges also shall be applicable and available to the districts
board of directors for the collection and enforcement of charges for water
imposed by contract entered into or administered by the district's board of
directors.
