HOUSE BILL REPORT

HB 1882

BYRepresentatives Rayburn, Nealey and Doty

Authorizing irrigation districts to utilize public utility easements.

House Committe on Agriculture & Rural Development

Majority Report:  Do pass as amended.  (12)

      Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Nealey, Ranking Republican Member; Baugher, Chandler, Doty, Grant, Jesernig, Kirby, McLean, Rasmussen and Youngsman. 

House Staff:Kenneth Hirst (786-7105)

AS REPORTED BY COMMITTEE ON AGRICULTURE & RURAL DEVELOPMENT

JANUARY 11, 1990

BACKGROUND:

The legislative authority of a county, city, or town may not approve a plat for any subdivision or for any lot, parcel or similar site which lies within an irrigation district unless an irrigation water right-of-way has been provided.  If the land has been classified as irrigable by the district, the district may also, by resolution or rule of general applicability, require completed irrigation water distribution facilities for the land.

In an informal opinion given in 1988, the state's Attorney General concluded that an irrigation district is a public utility for the purpose of using existing utility easements within the district.

SUMMARY:

BILL AS AMENDED:  Irrigation district law is amended to expressly state that irrigation districts are within the group of users with rights to use public utility easements.  When using or proposing to use such an easement, an irrigation district must submit plans and coordinate activities with appropriate utilities.

AMENDED BILL COMPARED TO ORIGINAL:  The amendment requires irrigation districts to submit plans and coordinate activities with appropriate utilities.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    (Amended Bill) Paul Chasco, Washington Water Resources Association; and Tom Mortimer, Washington PUD Association.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    (Amended Bill) The only easements which could be used by a district for lands platted before 1973 are utility easements.  The bill amends the law to reflect the Attorney General's opinion that irrigation districts may use these easements.

House Committee - Testimony Against:      None.