Background:

In 1961 and 1963 the Legislature found that the growing population of Washington state, coupled with an increased availability of time for leisure activities, increased the need for the use of Washington's largest lakes for recreational purposes. To this end, the Legislature converted certain irrigation districts to irrigation and rehabilitation districts (districts). These districts have the same authority as irrigation districts, but are also charged with making lakes safer and furthering the health, safety, recreation, and welfare of Washington's citizens. The districts are responsible for boating, building, dredging, and waste control reduction in and around the applicable lake. The Moses Lake Irrigation and Rehabilitation District is the sole entity of its kind in the state.

In order to be eligible to be converted to a district, an irrigation district must have the major portion of an inland navigable body of water within its exterior boundaries and must hold a water right certificate for 50,000 acre-feet of water or more, granted by the Department of Ecology.

Composition and Election of Board of Directors.

The board of directors (directors) of an irrigation and rehabilitation district are the same as the directors of the irrigation district. Their authority and rights are the same as those held as directors of the irrigation district.

Election of the directors follows the same process as irrigation district director elections. The board of election (board) is composed of two judges and one inspector, all appointed by the directors. The board may appoint two clerks. The board is responsible for the counting of votes. The secretary of the board is responsible for certifying and recording the results of the election. Voting is by mail and at precinct polling places.

Allocation of Votes.

In districts of less than 200,000 acres, each elector receives one vote for the first 10 acres owned by the elector and one additional vote for all acreage over 10 acres. In districts of 200,000 or more acres, each elector receives two votes per every five acres of land owned. In any district where more than 50 percent of the total acreage of the district is owned in individual ownerships of less than five acres, each ownership is allocated two votes, regardless of the size of ownership.

Authority to Impose Assessments.

The directors are authorized to impose assessments on land within the district for improvements undertaken for the benefit of the district. This authority is granted to districts in separate statutes as well as through the general authority granted to irrigation districts. If a district is imposing assessments under its authority as an irrigation district, it may impose assessments of $0.75 per $1,000 of assessed land value. Under its authority as a district, it may impose assessments of $0.25 per 1,000 acres of assessed land value. If a district wishes to impose assessments above $0.25 per $1,000 of assessed value, an authorizing vote of the electors of the district is required. These elections, if necessary, are held in the same manner as irrigation district elections. The amount and due date of imposed assessments are determined by the directors and communicated to the county auditor for entry on the assessment tax rolls.

Summary of Bill:

Election of Board of Directors.

A modified process for election of a district's board of directors is defined. Elections must be held entirely by mail. The ballots are to be mailed to the county auditor and must be counted at the county courthouse by employees provided by the district and under the supervision of the district secretary and board of directors. Procedures are established for registering to receive a ballot. Prior to an election, the district is required to review the ownership list provided by the county assessor and notify those individuals who risk losing their elector privileges if they do not provide proof of land ownership.

Allocation of Votes.

Each land ownership is entitled to two votes, regardless of the size of the ownership. Multiple or joint owners of a single ownership are to determine amongst themselves the allocation of their two votes. Corporations and partnerships receive two votes. In ownerships held as community property, each spouse receives one vote. The directors of a district retain the power, rights and authority granted to them as directors of an irrigation district, except as provided for in governing the imposition of assessments.

Authority to Impose Assessments.

The authority for a district to impose assessments is solely provided for in statutes governing the districts. Beginning January 1, 2013, a district may not impose an assessment under any other authority. Provisions for assessments under statutes governing districts allow for activities such as maintenance of the lake and rehabilitation activities associated with the lake, but are no longer broadly provided for under the general assessment authority of irrigation districts. In order to impose any assessment, approval of the voters is required. A public hearing and vote is also required to increase the level of the assessment.