H-3049              _______________________________________________

                                                   HOUSE BILL NO. 1408

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives Haugen, Brough and Todd

Read first time 1/14/86 and referred to Committee on Local Government.

AN ACT Relating to withdrawal of territory from a water district; and amending RCW 57.28.050.

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

        Sec. 1.  Section 5, chapter 55, Laws of 1941 and RCW 57.28.050 are each amended to read as follows:

          The petition for withdrawal shall be heard at the time and place specified in such notice or the hearing may be adjourned from time to time, not exceeding one month in all, and any person may appear at such hearing and make objections to the withdrawal of such territory or to the proposed boundary lines thereof.  Upon final hearing on the petition for withdrawal, the commissioners of the water district shall make such changes in the proposed boundary lines as they deem to be proper, except that no changes in the boundary lines shall be made by the commissioners to include lands not within the boundaries of the territory as described in such petition.  In establishing and defining such boundaries the commissioners shall exclude any property which is then being furnished with water by ((said)) the water district or which is included in any distribution system the construction of which has been duly authorized or which is included within any duly established local improvement district or utility local improvement district, and the territory as finally established and defined must be substantial in area and consist of adjoining or contiguous properties.  ((The said commissioners shall thereupon make and by resolution adopt findings of fact as to the following questions:

          (1) Is the territory as so established and defined of such location or character that water cannot be furnished to it by such water district at reasonable cost?

          (2) Would the withdrawal of such territory be of benefit to such territory?

          (3) Would such withdrawal be conducive to the general welfare of the balance of the district?

          (4) Does it appear that such territory was improvidently included within such water district at the time of the establishment thereof or annexation thereto?  Such findings shall be entered in the records of the water district, together with any recommendations the said commissioners may by resolution adopt.))