WSR 05-23-015


[ Filed November 4, 2005, 2:54 p.m. ]



     The Washington Attorney General issues formal published opinions in response to requests by the heads of state agencies, state legislators, and county prosecuting attorneys. When it appears that individuals outside the Attorney General's Office have information or expertise that will assist in the preparation of a particular opinion, a summary of that opinion request will be published in the state register. If you are interested in commenting on a request listed in this volume of the register, you should notify the Attorney General's Office of your interest by December 14, 2005. This is not the due date by which comments must be received. However, if you do not notify the Attorney General's Office of your interest in commenting on an opinion request by this date, the opinion may be issued before your comments have been received. You may notify the Attorney General's Office of your intention to comment by calling (360) 664-3027, or by writing to the Solicitor General, Office of the Attorney General, P.O. Box 40100, Olympia, WA 98504-0100. When you notify the office of your intention to comment, you will be provided with a copy of the opinion request in which you are interested; information about the Attorney General's Opinion process; information on how to submit your comments; and a due date by which your comments must be received to ensure that they are fully considered.

     The Attorney General's Office seeks public input on the following opinion request(s).

05-11-01 Request by Mark Clark
Executive Director, Washington Conservation Commission

     1. Does a county legislative body have the authority to modify a conservation district's proposed budget or intended allocation of the special assessment funds? If so, is that body's authority to "modify and accept" a proposed system of assessments limited to changes to: (a) the methodology used to classify lands that will receive a special benefit from activities of the conservation district, (b) the amount of the assessments to be levied against the parcels of real property, and (c) the duration of the assessments?

     2. If a county legislative body is entitled to make changes, what obligation, if any, does a conservation district have to accept changes made by a county legislative authority to a proposed system of assessments?

     3. What options and obligations does a conservation district have if it does not agree with the final system of assessments imposed by a county legislative authority?

     4. May a conservation district elect to withdraw its proposed system of assessments at any time before a county legislative authority takes final action on the proposed system of assessments and, if so, is that accomplished by modifying and accepting the proposed system of assessments?