WSR 09-11-099


[ Filed May 19, 2009, 10:32 a.m. ]



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The attorney general's office seeks public input on the following opinion request(s):

Opinion Docket No. 09-05-03

Request by the Honorable James Nagle

Walla Walla County Prosecutor

1. Is a water distribution district for irrigation a "special purpose district" as defined by RCW 36.96.010, or was it a state agency that no longer existed after 1971?

2. Does the water distribution district for irrigation still exist even though the enabling legislation has been repealed?

3. Does the fact that no new appointments to the board have been made for over seven years meet the test for an "inactive" special purpose district in RCW 36.96.010(3)?

4. Is the water distribution district for irrigation reclassified as an irrigation district under RCW 87.03, or a water district under RCW 57.02?

5. If the district still exists, can the county board of commissioners appoint a member to fill one of the vacancies on the water distribution district board, and then have the two members of the board fill the third vacancy pursuant to RCW 42.17.070?

6. If not, how are the vacancies to be filled?

7. If vacancies on the board are filled, under what statutes does the district then operate?

Washington State Code Reviser's Office