title: RCW 89.08.470

text:
(1) By January 1, 1996, the Washington conservation commission shall develop, in consultation with other state agencies, tribes, and local governments, a consolidated application process for permits for a watershed restoration project developed by an agency or sponsored by an agency on behalf of a volunteer organization. The consolidated process shall include a single permit application form for use by all responsible state and local agencies. The commission shall encourage use of the consolidated permit application process by any federal agency responsible for issuance of related permits. The permit application forms to be consolidated shall include, at a minimum, applications for: (a) Approvals related to water quality standards under chapter 90.48 RCW; (b) hydraulic project approvals under chapter 77.55 RCW; and (c) section 401 water quality certifications under 33 U.S.C. Sec. 1341 and chapter 90.48 RCW.
(2) If a watershed restoration project is also a fish habitat enhancement project that meets the criteria of *RCW 77.55.290(1), the project sponsor shall instead follow the permit review and approval process established in *RCW 77.55.290 with regard to state and local government permitting requirements. The sponsor shall so notify state and local permitting authorities.
[ 2003 c 39 s 47; 1998 c 249 s 13; 1995 c 378 s 3.]
Notes:
*Reviser's note: RCW 77.55.290 was recodified as RCW 77.55.181 pursuant to 2005 c 146 s 1001.
Findings—Purpose—Report—Effective date—1998 c 249: See notes following RCW 77.55.181.

catchline: Watershed restoration projects—Consolidated permit application process—Fish habitat enhancement project.


doc_type: statute

jurisdiction: wa

title: RCW 89.08.480

text:
Each agency of the state and unit of local government that claims jurisdiction or the right to require permits, other approvals, or fees as a condition of allowing a watershed restoration project to proceed shall designate an office or official as a designated recipient of project applications and shall inform the conservation commission of the designation.
[ 1995 c 378 s 4.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Watershed restoration projects—Designated recipients of project applications—Notice to commission.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 89.08.490

text:
All agencies of the state and local governments shall accept the single application developed under RCW 89.08.470. Unless the procedures under RCW 89.08.500 are invoked, the application shall be processed without charge and permit decisions shall be issued within forty-five days of receipt of a complete application.
[ 1995 c 378 s 5.]

catchline: Watershed restoration projects—Acceptance of applications—Permit decisions.


title: RCW 89.08.500

text:
The applicant or any state agency, tribe, or local government with permit processing responsibility may request that the *permit assistance center created by chapter 347, Laws of 1995 appoint a project facilitator to develop in consultation with the applicant and permit agencies a coordinated process for permit decisions on the application. The process may incorporate procedures for coordinating state permits under chapter 347, Laws of 1995. The *center shall adopt a target of completing permit decisions within forty-five days of receipt of a complete application.
If **House Bill No. 1724 is not enacted by June 30, 1995, this section shall be null and void.
[ 1995 c 378 s 6.]
Notes:
Reviser's note: *(1) The permit assistance center and its powers and duties were terminated effective June 30, 1999, pursuant to 1995 c 347 s 617.
**(2) House Bill No. 1724 [1995 c 347] was enacted.

catchline: Watershed restoration projects—Appointment of project facilitator by *permit assistance center—Coordinated process for permit decisions.


title: RCW 89.08.510

text:
State agencies, tribes, and local governments responsible for permits or other approvals of watershed restoration projects as defined in RCW 89.08.460 may develop general permits or permits by rule to address some or all projects required by an approved watershed restoration plan, or for types of watershed restoration projects. Nothing in chapter 378, Laws of 1995 precludes local governments, state agencies, and tribes from working out other cooperative permitting agreements outside the procedures of chapter 378, Laws of 1995.
[ 1995 c 378 s 7.]

catchline: Watershed restoration projects—General permits—Cooperative permitting agreements.


title: RCW 89.08.520

text:
(1) In administering grant programs to improve water quality and protect habitat, the commission shall:
(a) Require grant recipients to incorporate the environmental benefits of the project into their grant applications;
(b) In its grant prioritization and selection process, consider:
(i) The statement of environmental benefits;
(ii) Whether, except as conditioned by RCW 89.08.580, the applicant is a Puget Sound partner, as defined in RCW 90.71.010, and except as otherwise provided in RCW 89.08.590, and effective one calendar year following the development and statewide availability of urban forestry management plans and ordinances under RCW 76.15.090, whether the applicant is an entity that has been recognized, and what gradation of recognition was received, in the evergreen community designation program created in RCW 76.15.090; and
(iii) Whether the project is referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310; and
(c) Not provide funding, after January 1, 2010, for projects designed to address the restoration of Puget Sound that are in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310.
(2)(a) The commission shall also develop appropriate outcome-focused performance measures to be used both for management and performance assessment of the grant program.
(b) The commission shall work with the districts to develop uniform performance measures across participating districts and, to the extent possible, the commission should coordinate its performance measure system with other natural resource-related agencies as defined in RCW 43.41.270. The commission shall consult with affected interest groups in implementing this section.
[ 2021 c 209 s 15; 2008 c 299 s 27; 2007 c 341 s 28; 2001 c 227 s 3.]
Notes:
Findings—Intent—2021 c 209: See note following RCW 76.15.005.
Short title—2008 c 299: See note following RCW 76.15.020.
Effective date—2007 c 341: See RCW 90.71.907.
Findings—Intent—2001 c 227: See note following RCW 43.41.270.

catchline: Water quality and habitat protection grant programs—Development of outcome-focused performance measures.


title: RCW 89.08.530

text:
(1) The agricultural conservation easements program is created. The state conservation commission shall manage the program and adopt rules as necessary to implement the legislature's intent.
(2) The commission shall report to the legislature on an ongoing basis regarding potential funding sources for the purchase of agricultural conservation easements under the program and recommend changes to existing funding authorized by the legislature.
(3) All funding for the program shall be deposited into the agricultural conservation easements account created in RCW 89.08.540. Expenditures from the account shall be made to local governments and private nonprofits on a match or no match required basis at the discretion of the commission. Moneys in the account may be used to purchase easements in perpetuity or to purchase or lease easements for a fixed term.
(4) Easements purchased with money from the agricultural conservation easements account run with the land.
[ 2007 c 352 s 4; 2002 c 280 s 2.]
Notes:
Intent—2002 c 280: "Among the rising costs that are increasingly driving Washington farmers out of business is the cost of land. Many of our oldest, well-established farms, often on the fringes of established communities, are under growing pressure to be sold for uses other than agriculture. In the face of these rising land costs, new farmers are finding it increasingly difficult to be able to afford to purchase farmland.
At the same time, the conversion of these prime farmlands to development costs our communities open and green space, reduces our access to local quality food, diminishes our cultural and historic roots, often represents a fiscal loss for governments, and frequently results in environmental costs including reduced flood detention, loss of surface water filtration, diminished aquifer recharge, loss of habitat and connective wildlife migration corridors, and loss of opportunities to protect riparian lands.
These concerns, among others, are leading the federal government and local jurisdictions around our state to provide funding for local programs to purchase agricultural conservation easements that help keep farmers in farming and farmland in agriculture. It is the intent of the legislature to create a Washington purchase of agricultural conservation easements program that will facilitate the use of federal funds, ease the burdens of local governments launching similar programs at the local level, and help local governments fight the conversion of agricultural lands they have not otherwise protected through their planning processes." [ 2002 c 280 s 1.]

catchline: Agricultural conservation easements program.


title: RCW 89.08.540

text:
(1) The agricultural conservation easements account is created in the custody of the state treasurer. All receipts from legislative appropriations, other sources as directed by the legislature, and gifts, grants, or endowments from public or private sources must be deposited into the account. Expenditures from the account may be used only for the purchase of easements in perpetuity or for the purchase or lease of easements for a fixed term under the agricultural conservation easements program. Only the state conservation commission, or the executive director of the commission on the commission's behalf, may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
(2) The commission is authorized to receive and expend gifts, grants, or endowments from public or private sources that are made available, in trust or otherwise, for the use and benefit of the agricultural conservation easements program.
[ 2007 c 352 s 5; 2002 c 280 s 3.]
Notes:
Intent—2002 c 280: See note following RCW 89.08.530.

catchline: Agricultural conservation easements account.


title: RCW 89.08.550

text:
(1) The conservation assistance revolving account is created in the custody of the state treasurer. Moneys from the account may only be spent after appropriation. Moneys placed in the account shall include principal and interest from the repayment of any loans granted under this section, and any other moneys appropriated to the account by the legislature. Expenditures from the account may be used only to make loans to landowners for projects enrolled in the conservation reserve enhancement program and the continuous conservation reserve program.
(2) In order to aid the financing of conservation reserve enhancement program projects and continuous conservation reserve program projects, the conservation commission, through the conservation districts, may make interest-free loans to these enrollees from the conservation assistance revolving account. The conservation commission may require such terms and conditions as it deems necessary to carry out the purposes of this section. Loans to landowners shall be for costs associated with the installation of conservation improvements eligible for and secured by federal farm service agency practice incentive payment reimbursement. Loans under this program promote critical habitat protection and restoration by bridging the financing gap between project implementation and federal funding. The conservation commission shall give loan preferences to those projects expected to generate the greatest environmental benefits and that occur in basins with critical or depressed salmonid stocks. Money received from landowners in loan repayments made under this section shall be paid into the conservation assistance revolving account for uses consistent with this section.
[ 2005 c 30 s 1; 2004 c 277 s 901.]
Notes:
Severability—2004 c 277: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2004 c 277 s 919.]
Effective dates—2004 c 277: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 1, 2004], except for sections 117 and 202 of this act, which take effect April 16, 2004." [ 2004 c 277 s 920.]

catchline: Conservation assistance revolving account.


title: RCW 89.08.560

text:
(1) Conservation districts, before developing a farm plan, shall inform the landowner or operator in writing of the types of information that is [are] subject to disclosure to the public under chapter 42.56 RCW. Before completion of the final draft of a farm plan, the district shall send the final draft farm plan to the requesting landowner or operator for verification of the information. The final farm plan shall not be disclosed by the conservation district until the requesting owner or operator confirms the information in the farm plan and a signed copy of the farm plan is received by the conservation district.
(2) For the purposes of this section and RCW 42.56.270, "farm plan" means a plan prepared by a conservation district in cooperation with a landowner or operator for the purpose of conserving, monitoring, or enhancing renewable natural resources. Farm plans include, but are not limited to, provisions pertaining to:
(a) Developing and prioritizing conservation objectives;
(b) Taking an inventory of soil, water, vegetation, livestock, and wildlife;
(c) Implementing conservation measures, including technical assistance provided by the district;
(d) Developing and implementing livestock nutrient management measures;
(e) Developing and implementing plans pursuant to business and financial objectives; and
(f) Recording, or records of, decisions.
[ 2006 c 369 s 1.]

catchline: Farm plans—Disclosure of information.


title: RCW 89.08.570

text:
In addition to any other authority provided by law, conservation districts are authorized to enter into crop purchase contracts for a dedicated energy crop for the purposes of producing, selling, and distributing biodiesel produced from Washington state feedstocks, cellulosic ethanol, and cellulosic ethanol blend fuels.
[ 2007 c 348 s 207.]
Notes:
Findings—2007 c 348: See RCW 43.325.005.

catchline: Crop purchase contracts for dedicated energy crops.


title: RCW 89.08.580

text:
When administering water quality and habitat protection grants under this chapter, the commission shall give preference only to Puget Sound partners, as defined in RCW 90.71.010, in comparison to other entities that are eligible to be included in the definition of Puget Sound partner. Entities that are not eligible to be a Puget Sound partner due to geographic location, composition, exclusion from the scope of the Puget Sound action agenda developed by the Puget Sound partnership under RCW 90.71.310, or for any other reason, shall not be given less preferential treatment than Puget Sound partners.
[ 2007 c 341 s 29.]
Notes:
Effective date—2007 c 341: See RCW 90.71.907.

catchline: Puget Sound partners.


title: RCW 89.08.590

text:
When administering funds under this chapter, the commission shall give preference only to an evergreen community recognized under RCW 76.15.090 in comparison to other entities that are eligible to receive evergreen community designation. Entities not eligible for designation as an evergreen community shall not be given less preferential treatment than an evergreen community.
[ 2021 c 209 s 22; 2008 c 299 s 32.]
Notes:
Findings—Intent—2021 c 209: See note following RCW 76.15.005.
Short title—2008 c 299: See note following RCW 76.15.020.

catchline: Administering funds—Preference to an evergreen community.


title: RCW 89.08.610

text:
The definitions in this section apply throughout this section and RCW 89.08.615 through 89.08.635 unless the context clearly requires otherwise.
(1) "Carbon dioxide equivalent emission" means a metric measure used to compare the emission impacts from various greenhouse gases based on their relative radiative forcing effect over a specified period of time compared to carbon dioxide emissions.
(2) "Carbon dioxide equivalent impact" means a metric measure of the cumulative radiative forcing impacts of both carbon dioxide equivalent emissions and the radiative forcing benefits of carbon storage.
(3) "Commission" means the Washington state conservation commission created in this chapter.
(4) "Conservation district" means one or a group of Washington state's conservation districts created in this chapter.
[ 2020 c 351 s 2.]
Notes:
Findings—Intent—2020 c 351: "The legislature finds that Washington's working agricultural lands are essential to the economic and social well-being of our rural communities and to the state's overall environment and economy. The legislature further finds that different challenges and opportunities exist to expand the use of precision agriculture for different crops in the state by assisting farmers, ranchers, and aquaculturists to purchase equipment and receive technical assistance to reduce their operations' carbon footprint while ensuring that crops and soils receive exactly what they need for optimum health and productivity. Moreover, the legislature finds that opportunities exist to enhance soil health through carbon farming and regenerative agriculture by increasing soil organic carbon levels while ensuring appropriate carbon to nitrogen ratios, and to store carbon in standing trees, seaweed, and other vegetation. Therefore, it is the intent of the legislature to provide cost-sharing competitive grant opportunities to enable farmers and ranchers to adopt practices that increase appropriate quantities of carbon stored in and above their soil and to initiate or expand the use of precision agriculture on their farms. This act seeks to leverage and enhance existing state and federal cost-sharing programs for farm, ranch, and aquaculture operations." [ 2020 c 351 s 1.]
Public funds—2020 c 351: "No public funds shall be awarded as grants under this act until public funds are appropriated specifically for the sustainable farms and fields grant program." [ 2020 c 351 s 9.]

catchline: Sustainable farms and fields grant program—Definitions.


title: RCW 89.08.615

text:
(1) The commission shall develop a sustainable farms and fields grant program in consultation with the department of agriculture, Washington State University, and the United States department of agriculture natural resources conservation service.
(2) As funding allows, the commission shall distribute funds, as appropriate, to conservation districts and other public entities to help implement the projects approved by the commission.
(3) No more than 15 percent of the funds may be used by the commission to develop, or to consult or contract with private or public entities, such as universities or conservation districts, to develop:
(a) An educational public awareness campaign and outreach about the sustainable farm and field program [sustainable farms and fields grant program]; or
(b) The grant program, including the production of analytical tools, measurement estimation and verification methods, cost-benefit measurements, and public reporting methods.
(4) No more than five percent of the funds may be used by the commission to cover the administrative costs of the program.
(5) No more than 20 percent of the funds may be awarded to any single grant applicant.
(6) Allowable uses of grant funds include:
(a) Annual payments to enrolled participants for successfully delivered carbon storage or reduction;
(b) Up-front payments for contracted carbon storage;
(c) Down payments on equipment;
(d) Purchases of equipment;
(e) Purchase of seed, seedlings, spores, animal feed, and amendments;
(f) Services to landowners, such as the development of site-specific conservation plans to increase soil organic levels or to increase usage of precision agricultural practices, or design and implementation of best management practices to reduce livestock emissions;
(g) Scientific studies to evaluate and quantify the greenhouse gas emissions avoided as a result of using crop residues as a biofuel feedstock or to identify management practices that increase the greenhouse gas emissions avoided as a result of using crop residues as a biofuel feedstock;
(h) Efforts to support the farm use of anaerobic digester digestate, including scientific studies, education and outreach to farmers, and the purchase or lease of digestate spreading equipment; and
(i) Other equipment purchases or financial assistance deemed appropriate by the commission to fulfill the intent of RCW 89.08.610 through 89.08.635.
(7) Grant applications are eligible for costs associated with technical assistance.
(8) Conservation districts and other public entities may apply for a single grant from the commission that serves multiple farmers.
(9) Grant applicants may apply to share equipment purchased with grant funds. Applicants for equipment purchase grants issued under this grant program may be farm, ranch, or aquaculture operations coordinating as individual businesses or as formal cooperative ventures serving farm, ranch, or aquaculture operations. Conservation districts, separately or jointly, may also apply for grant funds to operate an equipment sharing program.
(10) No contract for carbon storage or changes to management practices may exceed 25 years. Grant contracts that include up-front payments for future benefits must be conditioned to include penalties for default due to negligence on the part of the recipient.
(11) The commission shall attempt to achieve a geographically fair distribution of funds across a broad group of crop types, soil management practices, and farm sizes.
(12) Any applications involving state lands leased from the department of natural resources must include the department's approval.
[ 2025 c 128 s 1; 2022 c 180 s 501; 2020 c 351 s 3.]
Notes:
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.
Findings—Intent—Public funds—2020 c 351: See notes following RCW 89.08.610.

catchline: Sustainable farms and fields grant program—Commission to develop in consultation with the department of agriculture, Washington State University, and the United States department of agriculture natural resources conservation services—Use of funds—Grant applications.


title: RCW 89.08.620

text:
(1) When prioritizing grant recipients, the commission, in consultation with the department of agriculture, Washington State University, the department of fish and wildlife, and the United States department of agriculture natural resources conservation service, shall seek to maximize the benefits of the grant program by leveraging other state, nonstate, public, and private sources of money. The primary metrics used to rank grant applications must be made public by the commission.
(2) The grant program must prioritize or weight projects based on consideration of the individual project's ability to:
(a) Increase the quantity of organic carbon in topsoil through practices including, but not limited to, cover cropping, no-till and minimum tillage conservation practices, crop rotations, manure application, biochar application, compost application, and changes in grazing management;
(b) Increase the quantity of organic carbon in aquatic soils;
(c) Intentionally integrate trees, shrubs, seaweed, or other vegetation into management of agricultural and aquacultural lands, with preference for native vegetation where practicable and appropriate;
(d) Reduce or avoid carbon dioxide equivalent emissions in or from soils;
(e) Reduce nitrous oxide and methane emissions through changes to livestock or soil management;
(f) Reduce or avoid carbon dioxide equivalent emissions through increased energy efficiency or reduced fuel use; and
(g) Increase usage of precision agricultural practices.
(3) The commission shall develop and approve a prioritization metric to guide the distribution of funds appropriated by the legislature for this purpose, with the goal of producing cost-effective carbon dioxide equivalent impact benefits.
(4) Applicants that create riparian buffers along waterways, or otherwise benefit fish habitat, must receive an enhanced prioritization compared to other grant applications that perform similarly under the prioritization metrics developed by the commission.
(5)(a) Applicants that create or maintain pollinator habitat must receive an enhanced prioritization compared to other grant applications that perform similarly under the prioritization metrics developed by the commission.
(b) For the purposes of this subsection, "pollinator habitat" means an area of land that is or may be developed as habitat beneficial for the feeding, nesting, and reproduction of all pollinators, including honey bees, as determined by the department of agriculture.
(6) The commission shall downgrade a specific grant proposal within its prioritization metric if the proposal is expected to cause significant environmental damage to fish and wildlife habitat.
[ 2025 c 128 s 2; 2021 c 278 s 9; 2020 c 351 s 4.]
Notes:
Purpose—Intent—2021 c 278: See note following RCW 43.23.300.
Findings—Intent—Public funds—2020 c 351: See notes following RCW 89.08.610.

catchline: Grant recipients—Prioritization.


title: RCW 89.08.625

text:
(1) The commission shall determine methods for measuring, estimating, and verifying outcomes under the sustainable farms and fields grant program in consultation with Washington State University, the department of agriculture, and the United States department of agriculture natural resources conservation service.
(2) The commission may require that a grant recipient allow the commission, or contractors hired by the commission, including the Washington State University extension program, access to the grant recipient's property, with reasonable notice, to monitor the results of the project or projects funded by the grant program on the grant recipient's property.
[ 2020 c 351 s 5.]
Notes:
Findings—Intent—Public funds—2020 c 351: See notes following RCW 89.08.610.

catchline: Methods for measuring, estimating, and verifying outcomes.


title: RCW 89.08.630

text:
(1) By October 15, 2021, and every two years thereafter, the commission shall report to the legislature and the governor on the performance of the sustainable farms and fields grant program.
(2) The commission shall update at least annually a public list of projects and pertinent information including a summary of state and federal funds, private funds spent, landowner and other private cost-share matching expenditures, the total number of projects, and an estimate of carbon sequestered or carbon emissions reduced.
(3) Before implementing upfront payments for carbon storage, the commission, in consultation with Washington State University and the University of Washington, must evaluate and update the most appropriate carbon equivalency metric to apply to the sustainable farms and fields grant program. Until this equivalency is updated by the commission, or unless the commission identifies a better metric, the commission must initially use a one hundred year storage equivalency that can be linearly annualized to recognize the storage of carbon on an annual basis based on the storage of 3.67 tons of biogenic carbon for one hundred years being assigned a value equal to avoiding one ton of carbon dioxide equivalent emissions.
(4) The grant recipient and other private cost-sharing participants may at their own discretion allow their business or other name to be listed on the public report produced by the commission. All grant recipients must allow anonymized information about the full funding of their project to be made available for public reporting purposes.
[ 2025 c 128 s 3; 2020 c 351 s 6.]
Notes:
Findings—Intent—Public funds—2020 c 351: See notes following RCW 89.08.610.

catchline: Reports to the legislature and governor—Updates—Evaluations.


title: RCW 89.08.635

text:
The sustainable farms and fields account is created in the state treasury. All receipts of money directed to the account must be deposited in the account. Expenditures from the account may be used only for purposes relating to the sustainable farms and fields grant program established in RCW 89.08.615. Moneys in the account may be spent only after appropriation.
[ 2020 c 351 s 7.]
Notes:
Findings—Intent—Public funds—2020 c 351: See notes following RCW 89.08.610.

catchline: Sustainable farms and fields account.


title: RCW 89.08.640

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, the commission is authorized to develop an ongoing small grants program to provide funding to the conservation districts to educate residents and community groups in urban, suburban, and rural nonfarm areas about the value of habitat for both managed and native pollinators, and to provide the necessary technical and financial assistance and materials to create it.
(2) Educational efforts should include the benefits of habitat diversity, especially pollen-rich and nectar-rich flowering forbs and shrubs. Preference for pollinator plants should be given to native plants or noninvasive, nonnative plants.
(3) Planting projects should provide diverse native or nonnative, noninvasive plants of high quality for pollinator foraging, nesting, and overwintering, as determined by site suitability. Options may include, but are not limited to, bee or eco-lawns, flowering meadow gardens, xeriscaping, shrub plantings, tree plantings, rain gardens, riparian restoration, and other pollinator-friendly landscaping.
(4) Criteria to rank applicants should include a detailed budget demonstrating funding needs, resource concerns addressed, value to at-risk native pollinators, multiple-use benefits of habitat, planned project longevity, and plans for long-term maintenance.
[ 2021 c 278 s 10.]
Notes:
Purpose—Intent—2021 c 278: See note following RCW 43.23.300.

catchline: Habitat for managed and native pollinators—Small grants program.


title: RCW 89.08.645

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, the commission, in cooperation with local conservation districts, must develop and implement a short-term disaster recovery financial assistance program for farmers and ranchers. The program must initially address providing short-term funding to farmers and ranchers that sustained physical damage or economic loss due to the major flooding event that occurred in Whatcom county during November 2021.
(2) Under the program, the commission may provide grants to eligible farmers and ranchers. Grant funds may be used for payroll, utilities and rent, marketing and advertising, building improvements or repairs, replacing damaged or lost crops, livestock, and equipment, and other operations and business expenses.
(3) In order to be eligible to apply for a grant under this section, a farmer or rancher must provide documentation of a reduction in agricultural income or activity as a result of a natural disaster such as a flood, earthquake, or wildfire.
(4) The commission must coordinate with the department of agriculture and local conservation districts in conducting outreach to farmers and ranchers in order to increase awareness and understanding of the disaster recovery financial assistance program, and to ensure that farmers and ranchers are aware of other disaster relief assistance available through the state and federal government.
(5) The commission may adopt rules to implement this section.
[ 2022 c 280 s 2.]
Notes:
Findings—Intent—2022 c 280: "(1) The legislature finds that severe flooding hit Whatcom county in November of 2021, causing significant damage and immediate disruption to agricultural production including crop loss, livestock loss, and damage to facilities. The legislature finds that financial relief and recovery resources are often necessary for the survival of farms and ranches impacted by such destructive natural disasters.
(2) The legislature further finds that disaster aid is critical to farmers and ranchers who may need financing but struggle to access capital due to a lack of financial documentation, lack of collateral, credit issues, or a perception of not being bankable. Following a disaster, farmers and ranchers may deplete their savings, borrow from family or friends, take out second mortgages, or grow credit card debt to stay afloat.
(3) The legislature further finds that some disaster assistance is available through programs provided by the United States department of agriculture, but that some farmers and ranchers may not be aware of the resources available and that it can take time to secure grant funds.
(4) The legislature further finds that short-term aid, or gap funding, would help retain businesses and jobs in the agricultural industry, and will help community and food system resilience while farmers and ranchers wait for longer term financing.
(5) Therefore, the legislature intends to establish a grant program to initially provide short-term financial assistance to farmers and ranchers in the aftermath of the Whatcom county flooding that can be replicated in future natural disasters, and to ensure that farmers and ranchers are made aware of federal disaster assistance programs and how to access them." [ 2022 c 280 s 1.]
Effective date—2022 c 280: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 31, 2022]." [ 2022 c 280 s 3.]

catchline: Short-term disaster recovery financial assistance program—Farmers and ranchers—Commission may adopt rules.


title: RCW 89.10.005

text:
The legislature finds that maintaining the capacity to provide adequate food and fiber resources is essential to the long-term sustainability of the state's citizens and economy. The nation's population has reached three hundred million and will continue to increase for the foreseeable future. Further, the world population is now over six billion and is projected to reach nine billion by the year 2050.
In Washington state, the population is growing by over one million people every decade with much of this growth occurring in western Washington. This growth is increasing the competition for land not only for housing, but also associated retail, commercial, industrial, and leisure industries.
The legislature finds that many once-productive agricultural areas in western Washington have been overtaken and irreversibly converted to nonagricultural uses. Other agricultural areas in the state have diminished to the point that they are dangerously close to losing the land mass necessary to be economically viable. Further, only a limited number of areas in western Washington still retain a sufficient agricultural land base and the necessary agricultural infrastructure to continue to be economically viable both in the short term and the long term.
The legislature recognizes that because this significant decline has largely occurred in less than a half century, it is imperative that mechanisms be established at the state level to focus attention, take the action needed to retain agricultural land, and ensure the opportunity for future generations to farm these lands.
The legislature finds that history shows that previous advanced civilizations in the world were founded on highly productive agricultural lands and food production systems but when the land or its productivity was lost, the civilizations declined. In contrast, other civilizations have existed for millennia because they maintained their agricultural land base, its productivity, and economic conditions sufficient to maintain stewardship of their land.
The legislature finds that there is a finite quantity of high quality agricultural land and that often this agricultural land is mistakenly viewed as an expendable resource. The legislature finds that the retention of agricultural land is desirable, not only to produce food, livestock, and other agricultural products, but also to maintain our state economy and preferable environmental conditions. For these reasons, and because it is essential that agricultural production be sufficient to meet the needs of our growing population, commitment to the retention of agricultural land should be reflected at the state policy level by the creation of an office of farmland preservation to support the retention of farmland and the viability of farming for future generations.
[ 2007 c 352 s 1.]

catchline: Findings.


title: RCW 89.10.010

text:
(1) The office of farmland preservation is created and shall be located within the state conservation commission.
(2) Staff support for the office shall be provided by the state conservation commission.
(3) The office of farmland preservation may:
(a) Provide advice and assist the state conservation commission in implementing the provisions of RCW 89.08.530 and 89.08.540, including the merits of leasing or purchasing easements for fixed terms in addition to purchasing easements in perpetuity;
(b) Develop recommendations for the funding level and for the use of the agricultural conservation easements account established in RCW 89.08.540 with the guidance of the farmland preservation task force established under *RCW 89.10.020;
(c) With input from the task force created in *RCW 89.10.020, provide an analysis of the major factors that have led to past declines in the amount and use of agricultural lands in Washington and of the factors that will likely affect retention and economic viability of these lands into the future including, but not limited to, pressures to convert land to nonagricultural uses, loss of processing plants and markets, loss of profitability, productivity, and competitive advantage, urban sprawl, water availability and quality, restrictions on agricultural land use, and conversion to recreational or other uses;
(d) Develop model programs and tools, including innovative economic incentives for landowners, to retain agricultural land for agricultural production, with the guidance from the farmland preservation task force created under *RCW 89.10.020;
(e) Provide technical assistance to localities as they develop and implement programs, mechanisms, and tools to encourage the retention of agricultural lands;
(f) Develop a grant process and an eligibility certification process for localities to receive grants for local programs and tools to retain agricultural lands for agricultural production;
(g) Provide analysis and recommendations as to the continued development and implementation of the farm transition program including, but not limited to, recommending:
(i) Assistance in the preparation of business plans for the transition of business interests;
(ii) Assistance in the facilitation of transfers of existing properties and agricultural operations to interested buyers; and
(iii) Research assistance on agricultural, financial, marketing, and other related transition matters;
(h) Begin the development of a farm transition program to assist in the transition of farmland and related businesses from one generation to the next, aligning the farm transition program closely with the farmland preservation effort to assure complementary functions; and
(i) Serve as a clearinghouse for incentive programs that would consolidate and disseminate information relating to conservation programs that are accessible to landowners and assist owners of agricultural lands to secure financial assistance to implement conservation easements and other projects.
[ 2007 c 352 s 2.]
Notes:
*Reviser's note: RCW 89.10.020 expired January 1, 2011.

catchline: Office of farmland preservation.


title: RCW 89.12.010

text:
It is the policy of the state of Washington in connection with lands within the scope of this chapter which may be irrigated through works of federal reclamation projects, to assist the United States in the reduction or prevention of speculation in such lands and in limiting the size of the holdings thereof entitled to receive water by means of the works of such projects, and otherwise to cooperate with the United States with respect thereto.
[ 1957 c 165 s 1; 1943 c 275 s 1; Rem. Supp. 1943 s 7525-20.]
Notes:
Severability—1943 c 275: "Each section and provision of this act shall be considered separable from every other section and provision of the act, and should any section or provision thereof be held unconstitutional, the unconstitutionality of such section or provision shall not affect or impair the validity of the remainder of the act, but in that event the unconstitutional section or provision shall be eliminated and the remainder of the act remain in full force and effect." [ 1943 c 275 s 16.]

catchline: Preamble.


title: RCW 89.12.020

text:
As used in this chapter,
The term "secretary" shall mean the secretary of the interior of the United States, or his or her duly authorized representative.
The term "appraised value" shall mean the value of lands within the scope of this chapter appraised or reappraised by the secretary without reference to or increment on account of the irrigation works built or to be built by the United States.
The term "district" shall mean an irrigation or reclamation district governed by this chapter as provided in RCW 89.12.030.
The term "federal reclamation laws" shall mean the act of congress of June 17, 1902 (32 Stat. 388) and acts amendatory thereof or supplemental thereto including the act of congress entitled "An Act to amend the Act approved May 27, 1937 (Ch. 269, 50 Stat. 208), by providing substitute and additional authority for the prevention of speculation in lands of the Columbia Basin project, and substitute an additional authority related to the settlement and development of the project, and for other purposes, enacted and approved in the Seventy-Eighth Session."
The term "lands" shall mean, unless otherwise indicated, lands within the boundaries of a district contracting or intending to contract with the United States under the terms of this chapter.
The term "owner," "landowner," and "any one landowner" shall mean any person, corporation, joint stock association or family owning lands that are within the scope of this chapter.
The term "family" shall mean a group consisting of either or both husband and wife, together with their children under eighteen years of age, or all of such children if both parents are dead, the term "their children" including the issue and lawfully adopted children of either or both husband and wife. Within the meaning of this chapter, lands shall be deemed to be held by a family if held as separate property of husband or wife, or if held as a part or all of their community property, or if they are the property of any or all of their children under eighteen years of age.
[ 2013 c 23 s 552; 1943 c 275 s 3; Rem. Supp. 1943 s 7525-22.]

catchline: Definitions.


title: RCW 89.12.030

text:
The provisions of this chapter shall be applicable to any irrigation or reclamation district organized under the laws of this state contracting or intending to contract with the United States under the federal reclamation laws with respect to a water supply for irrigation from the Columbia Basin project or from any project or division of a project hereafter undertaken in this state by the United States under those laws, and shall govern as to any lands which are now or may hereafter be included in any such district and as to the relationship between any such district and any such lands. The prospect of the construction of the irrigation features of the Columbia Basin project and of other works under the federal reclamation laws for the irrigation of lands in this state requires the granting of authority to irrigation and reclamation districts and to state and county officers to assist the United States, in accordance with the policy of this enactment, in meeting the problems of land speculation and in limiting the size of holdings of lands that may be benefited by such works, and otherwise to cooperate with the United States in connection with the irrigation of lands in this state. The provisions of this chapter, however, are supplemental to other provisions of the law of the state, not inconsistent herewith, which pertain to such districts.
[ 1943 c 275 s 2; Rem. Supp. 1949 s 7525-21.]

catchline: Applicability and purpose of chapter.


title: RCW 89.12.040

text:
In connection with a district contracting or intending to contract with the United States under this chapter, the secretary for the purpose of administering the federal reclamation laws and of providing for the delivery of water thereto, the method thereof, and the turnout therefor may segregate such lands, or any part thereof, into units and/or legal subdivisions, having in mind the character of soil, topography, method or methods of irrigation best suited therefor, location with respect to the irrigation system, type of irrigation system, and such other relevant factors as enter into the determination of the area and boundaries thereof and the method or methods of irrigating the same. Plats or revisions thereof showing the units and/or the legal subdivisions and the exclusive method or methods of irrigating such units and/or legal subdivisions or portions thereof when approved, may be filed by the United States for record with the auditor of the county in which the land is located. Lands in excess of the acreage in the amount specified by applicable federal law as not being excess lands held by any one landowner shall be deemed excess land.
[ 1970 ex.s. c 71 s 1; 1963 c 3 s 1; 1957 c 165 s 2; 1943 c 275 s 4; Rem. Supp. 1943 s 7525-23.]

catchline: Units and legal subdivisions authorized—Size—Plats—Excess land.


title: RCW 89.12.050

text:
(1) A district may enter into repayment and other contracts with the United States under the terms of the federal reclamation laws in matters relating to federal reclamation projects, and may with respect to lands within its boundaries include in the contract, among others, an agreement that:
(a) The district will not deliver water by means of the project works provided by the United States to or for excess lands not eligible therefor under applicable federal law.
(b) As a condition to receiving water by means of the project works, each excess landowner in the district, unless his or her excess lands are otherwise eligible to receive water under applicable federal law, shall be required to execute a recordable contract covering all of his or her excess lands within the district.
(c) All excess lands within the district not eligible to receive water by means of the project works shall be subject to assessment in the same manner and to the same extent as lands eligible to receive water, subject to such provisions as the secretary may prescribe for postponement in payment of all or part of the assessment but not beyond a date five years from the time water would have become available for such lands had they been eligible therefor.
(d) The secretary is authorized to amend any existing contract, deed, or other document to conform to the provisions of applicable federal law as it now exists. Any such amendment may be filed for record under RCW 89.12.080.
(2) A district may enter into a contract with the United States for the transfer of operations and maintenance of the works of a federal reclamation project, but the contract does not impute to the district negligence for design or construction defects or deficiencies of the transferred works. Any contract, covenant, promise, agreement, or understanding purporting to indemnify against liability for damages caused by or resulting from the negligent acts or omissions of the United States, its employees, or agents is not enforceable unless expressly authorized by state law.
[ 2013 c 177 s 13; 2013 c 23 s 553; 2009 c 145 s 3; 1963 c 3 s 2; 1957 c 165 s 3; 1951 c 200 s 1; 1943 c 275 s 5; Rem. Supp. 1943 s 7525-24.]
Notes:
Reviser's note: This section was amended by 2013 c 23 s 553 and by 2013 c 177 s 13, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

catchline: Contracts with United States—Permissible provisions.


title: RCW 89.12.060

text:
Any or all of the provisions which may be required to be included in recordable contracts may be made covenants running with any tract of land covered by the contract by expressly so providing therein. Recordable contracts expressly providing that any or all of such provisions shall be covenants running with the land covered thereby shall not be destroyed or extinguished by any tax or assessment foreclosure or deed issued pursuant thereto.
Such of the limitations and provisions of RCW 89.12.050 as are included in the repayment contract between the district and the United States, shall govern all the lands within the district unless otherwise provided in such contract and shall govern notwithstanding any other provisions of the laws of this state.
[ 1963 c 3 s 3; 1953 c 148 s 1; 1943 c 275 s 6; Rem. Supp. 1943 s 7525-25.]

catchline: Covenants running with the land—Contract provisions to govern.


title: RCW 89.12.071

text:
The rights of any vendee or grantee as defined in section 7(b), chapter 275, Laws of 1943 as amended by section 2(b), chapter 200, Laws of 1951 and in RCW 89.12.070(2) are hereby preserved as to any transactions that were consummated by contract or deed prior to the repeal of said sections by this chapter.
[ 1963 c 3 s 6.]

catchline: Fraudulent and unlawful conveyances—Preservation of rights acquired prior to repeal of RCW 89.12.070.


title: RCW 89.12.080

text:
There may be filed for record in the office of the county auditor in the county in which the land lies any of the following: (1) Copies of any plat of established farm units approved by the secretary as provided in RCW 89.12.040, when authenticated in the manner authorized by law; (2) copies of any instrument, action, determination, rule or regulation of the secretary made in connection with the provisions of RCW 89.12.050 or otherwise under the federal reclamation laws and which is or may be determinative of title to lands or interest in lands, when authenticated in the manner authorized by law; and (3) any contract or instrument required to be executed by an owner, land purchaser or other person in connection with provisions incorporated in repayment contracts between a district and the United States as authorized by RCW 89.12.050. Such filing shall impart legal notice to the public of the matters and things set out therein.
[ 1943 c 275 s 8; Rem. Supp. 1943 s 7525-27.]

catchline: Instruments may be filed—Filing imparts notice.


title: RCW 89.12.090

text:
Whenever a district to which this chapter applies is organized or in process of organization, the state of Washington, by and through its proper officials, is authorized and directed to have any state lands within the exterior boundaries of such district included as a part of the lands of such district. The state hereby consents to the assessment by the district of such state lands so included in any such irrigation district, and to the enforcement of the payment of such assessments in like manner and to the same extent as applicable to private lands in such districts, except that the payment of such assessment against such state lands shall not be enforced by transfer of title, by tax sale, tax foreclosure or otherwise, until the state has sold or transferred such lands to a private party.
[ 1943 c 275 s 9; Rem. Supp. 1943 s 7525-28.]

catchline: State lands in district—State consent to assessment, conditions.


title: RCW 89.12.100

text:
If state lands within a district have been segregated into farm units and the appraised value thereof established, the state shall recognize and accept the appraisal as determining the market value of such lands, and shall offer the state lands for sale for cash on the following terms and conditions:
(1) Sales shall be made only at the appraised value; (2) only the number of farm units or acreage specified by applicable federal law as not being excess lands shall be sold to any person or family; (3) applicants for the purchase of a farm unit shall be selected, as nearly as practicable, in accordance with the provisions of subsection (C) of section 4 of the act of congress of December 5, 1924 (43 Stat. 702); and (4) each applicant shall be required to execute a recordable contract within six months from the date the state's conveyance or contract to convey is made, whichever is the earlier, if such a contract is required as a condition to the delivery of water under the terms of the district's repayment contract with the United States; except as the carrying out of any such terms or conditions as to particular state lands may be precluded by provisions of the state Constitution.
The state shall cooperate with the secretary in carrying out the purposes of this chapter and in connection therewith, may execute recordable contracts covering any state lands and such other agreements as are necessary in connection with the administration of this chapter.
[ 1957 c 165 s 4; 1951 c 200 s 3; 1943 c 275 s 10; Rem. Supp. 1943 s 7525-29.]

catchline: State lands—Terms and conditions of sale.


title: RCW 89.12.110

text:
In the case of any county owned land within any district has been segregated into farm units as provided in RCW 89.12.040 and the appraised value thereof established, the board of county commissioners of the county shall have authority at its option of entering into a contract with the United States to bring any of such county lands as the county board shall determine under the provisions of the recordable contracts provided for in RCW 89.12.040, whenever such contracts are required as a condition to the delivery of water under the terms of the contract between the district and the United States, upon such terms as shall be agreed upon between the county and the United States: PROVIDED, That such contract shall not obligate the county to pay any district assessments levied against such lands except such, if any, as the board of county commissioners of said county shall elect to pay: PROVIDED FURTHER, That nothing herein contained shall be construed to deprive the district of the right to assess such lands, if otherwise assessable and to enforce the collection of the same in the manner provided by law.
[ 1943 c 275 s 11; Rem. Supp. 1943 s 7525-30.]

catchline: County lands—Contracts with United States.


title: RCW 89.12.120

text:
The provisions and limitations of subsection 5(b) and 5(c) of the act of congress, as above entitled in RCW 89.12.020, concerning assessment and taxation of lands within the Columbia Basin project while legal title remains vested in the United States are hereby accepted; and assessment and taxation by the state, political subdivisions thereof, and districts are hereby authorized to be made in accordance with such provisions and limitations.
[ 1943 c 275 s 14; Rem. Supp. 1943 s 7525-33.]

catchline: Acceptance of federal act—Assessment and taxation authorized.


title: RCW 89.12.131

text:
Section 15, chapter 275, Laws of 1943 as amended by section 4, chapter 200, Laws of 1951 and RCW 89.12.130 are each repealed and any adoption, enactment, or consent of this state to the provisions of the federal act, as amended, cited therein are hereby revoked.
[ 1963 c 3 s 5.]

catchline: Adoption of Columbia Basin project act—Revocation of state's consent.


title: RCW 89.12.140

text:
The commissioner of public lands of the state of Washington is authorized to cooperate with the secretary of the interior of the United States with a view to facilitate the execution of plans approved by the secretary of the interior for subdivision and disposal of lands under federal reclamation projects constructed or to be constructed under the provisions of the act of congress of June 17, 1902, (32 Stat., 388) and acts amendatory thereof or supplementary thereto in farm units bounded by lines considered more economical and convenient for irrigation and reclamation than the lines of legal subdivisions and for such purpose is authorized to cause to be prepared and filed a plat or plats of any state lands in any such federal reclamation project showing said state lands subdivided into blocks, lots or farm units, with boundary lines other than those of legal subdivisions, and located with a view to greater convenience, economy or efficiency in irrigation and reclamation, and such subdivision into lots, blocks or farm units may be made in harmony with any general plan approved by the secretary of the interior for subdivision of the lands of any such federal reclamation project or any part or division of any such project into blocks, lots or farm units with boundary lines other than the boundary lines of legal subdivisions and designed for more convenient, economical or efficient reclamation and irrigation. And the commissioner of public lands is authorized to offer for sale and to sell such state lands, in the lots, blocks or farm units designated on such plat or plats instead of offering and selling the same in the legal subdivisions of the U.S. public land surveys.
[ 1927 c 246 s 1; RRS s 7402-280.]
Notes:
Severability—1927 c 246: "Sections 1 and 2 of this act are each declared to be separable from the remainder of the act, and, should either of said sections be held unconstitutional or void, the remainder of the act shall nevertheless remain effective and in such event such unconstitutional section shall be eliminated without affecting the remainder of the act." [ 1927 c 246 s 3.]

catchline: Subdivision and sale of state lands in reclamation project.


title: RCW 89.12.150

text:
From and after the date that the consent of the United States shall be given thereto by act of congress, the department of natural resources is authorized, upon request from the secretary of the interior, to cause an appraisal to be made by the board of natural resources of state lands in any division of any federal reclamation project which the secretary of the interior shall advise the department that he or she desires to have subdivided into farm units of class referred to in RCW 89.12.140, and also to cause to be appraised by the board of natural resources such public lands of the United States on the same project, or elsewhere in the state of Washington, as the secretary of the interior may propose to exchange for such state land, and when the secretary of the interior shall have secured from congress authority to make such exchange the department is authorized to exchange such state lands in any federal reclamation project for public lands of the United States on the same project or elsewhere in the state of Washington of approximately equal appraised valuation, and in making such exchange is authorized to execute suitable instruments in writing conveying or relinquishing to the United States such state lands and accepting in lieu thereof such public land of approximately equal appraised valuation.
[ 2013 c 23 s 554; 1988 c 128 s 75; 1927 c 246 s 2; RRS s 7402-281.]

catchline: Exchange of state and federal lands.


title: RCW 89.12.170

text:
The department of ecology is authorized to enter into agreements with the United States for the allocation of groundwaters that exist as a result of the Columbia Basin project. Such agreements will be used for purposes of allocating that groundwater and shall not require compliance with the procedures set forth in RCW 90.44.130 for declarations of claims of ownership of artificially stored groundwater within a groundwater area or subarea. Before entering into an agreement with the United States for the allocation of groundwaters that exist as a result of the Columbia Basin project, the department of ecology shall first establish a groundwater area or subarea under the procedure provided in RCW 90.44.130. Agreements for the allocation of groundwater that exist as a result of the Columbia Basin project fulfill the requirements of RCW 90.44.130 for determinations of the availability of public groundwater. The agreements and any allocation of water pursuant to the agreements must be consistent with authorized project purposes, federal and state reclamation laws, including federal rate requirements, and provisions of United States' repayment contracts pertaining to the project. The agreements must provide that the department grant an application to beneficially use such water only if the department determines that the application will not impair existing water rights or project operations or harm the public interest. Use of water allocated pursuant to the terms of the agreements must be contingent upon issuance of licenses by the United States to approved applicants. This section is not intended to alter or affect any ownership interest or rights in groundwaters that are not allocated pursuant to the agreements. Before implementing any such agreements, the department, with the concurrence of the United States, shall adopt a rule setting forth the procedures for implementing the agreements and the priorities for processing of applications. The department is authorized to accept funds for administrative and staff expenses that it incurs in connection with entering into or implementing the agreements.
[ 2021 c 185 s 1; 2002 c 330 s 3.]
Notes:
Finding—2002 c 330: "The legislature finds that delivery of Columbia Basin project water through canals and its application to land through irrigation over approximately the past fifty years has dramatically affected groundwater in the Pasco basin, located in western Franklin county, along the Columbia river and north of the city of Pasco. According to studies conducted by the United States geological survey, the volume of groundwater has increased by about five million acre feet. About eighty-five percent of this increase is the result of percolation following irrigation and seepage from the distribution system. Groundwater levels have also risen as a result of reservoirs formed behind the dams on the Columbia and Snake rivers. As a result of drainage management, the system is reported to be at equilibrium. The studies provide the information needed to determine which groundwater is a result of the project and which is naturally occurring. Potential problems associated with the raised groundwater levels include landslides and loss of arable land through ponding. Benefits include dilution of concentrations of nitrate and increase in volume of water potentially available for beneficial use over the naturally occurring volume otherwise available." [ 2002 c 330 s 1.]
Intent—2002 c 330: "It is the intent of the legislature to grant authority to the department of ecology to enter into agreements with the United States for allocation of groundwaters that exist as a result of the Columbia Basin project, adopt rules for implementing the agreements and establishing priorities for processing applications, and accept funds for expenses incurred, consistent with applicable state and federal law. Inasmuch as rules adopted by the department will be significant legislative rules, the legislature intends to assure that it will be able to properly carry out its responsibility to both give direction and review the rules after their adoption by requiring periodic reports by the department." [ 2002 c 330 s 2.]

catchline: Columbia Basin project—Authorization for agreements to allocate water—Conditions.


title: RCW 89.12.180

text:
The department of ecology shall report annually to the standing committees of the legislature with jurisdiction over water resources regarding the activities authorized by RCW 89.12.170, beginning December 1, 2002, and ending December 1, 2007.
[ 2002 c 330 s 4.]
Notes:
Finding—Intent—2002 c 330: See notes following RCW 89.12.170.

catchline: Reports to legislature regarding activities under RCW 89.12.170.


title: RCW 89.12.190

text:
(1) The legislature finds that conserved water from the developed portions of the federal Columbia Basin project can provide an immediate source of surface water to offset a limited portion of groundwater depletions within the undeveloped portions of the federal project extending the availability of groundwater for domestic, municipal, industrial, and agricultural uses. The department of ecology has adopted rules establishing groundwater management subareas within the federal Columbia Basin project. A primary purpose of some of the rules was to manage groundwater depletions that are occurring as a result of the department's decision to allow continued deep well agricultural irrigation in anticipation that development of the federal Columbia Basin project would continue at its historic pace and that project water would replace groundwater and recharge the depleted aquifer.
(2) The legislature also finds that recent studies have documented water conservation in areas served by project irrigation districts as a result of distribution system lining and piping and use of more efficient conveyance system technology.
[ 2004 c 195 s 1.]

catchline: Columbia Basin project—Findings—Source of surface water—Management of groundwater depletions.


title: RCW 89.12.200

text:
It is the intent of the legislature that the department of ecology enter into agreements with the United States and Columbia Basin project irrigation districts regarding the allocation of water conserved from within areas currently served by project waters to deep well irrigated lands within the federal Columbia Basin project and for other authorized project beneficial uses. The department may provide the irrigation districts data identifying areas with the most serious groundwater depletions. The irrigation districts shall consider and may rely on the department's data and recommendations in making allocation decisions to offset groundwater withdrawals consistent with the operational constraints of the distribution system.
[ 2004 c 195 s 2.]

catchline: Columbia Basin project—Intent—Allocation of conserved waters to deep well irrigated lands.


title: RCW 89.12.900

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 198.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 89.16.005

text:
This chapter shall be known and cited as the "State Reclamation Act".
[ 1919 c 158 s 1; RRS s 3004.]

catchline: Short title.


title: RCW 89.16.010

text:
The object of this chapter is to provide for the reclamation and development of such lands in the state of Washington as shall be determined to be suitable and economically available for reclamation and development as agricultural lands, and the state of Washington in the exercise of its sovereign and police powers declares the reclamation of such lands to be a state purpose and necessary to the public health, safety and welfare of its people.
[ 1972 ex.s. c 51 s 1; 1919 c 158 s 2; RRS s 3005.]

catchline: Declaration of purpose.


title: RCW 89.16.020

text:
(1) For the purpose of carrying out the provisions of this chapter the state reclamation revolving account, heretofore established and hereinafter called the reclamation account, shall consist of all sums appropriated thereto by the legislature; all gifts made to the state therefor and the proceeds of the sale thereof; the proceeds of the sale or redemption of and the interest earned by securities acquired with the moneys thereof; and all reimbursements for moneys advanced for the payment of assessments upon public lands of the state for the improvement thereof. Moneys in the reclamation account may be invested by the state treasurer pursuant to RCW 43.84.080.
(2) During the 2025-2027 fiscal biennium, the legislature may direct the state treasurer to make transfers of money in the state reclamation revolving account to the general fund.
[ 2026 c 268 s 941; 2012 c 187 s 9; 1973 1st ex.s. c 40 s 1; 1972 ex.s. c 51 s 2; 1959 c 104 s 2. Prior: 1919 c 158 s 4, part; RRS s 3007, part.]
Notes:
Effective date—2026 c 268: See note following RCW 28B.15.210.


title: RCW 89.16.040

text:
From the moneys appropriated from the reclamation account there shall be paid, upon vouchers approved by the director of ecology, the administrative expenses of the director under this chapter and such amounts as are found necessary for the investigation and survey of reclamation projects proposed to be financed in whole or in part by the director, and such amounts as may be authorized by him or her for the reclamation of lands in diking, diking improvement, drainage, drainage improvement, diking and drainage, diking and drainage improvement, irrigation and irrigation improvement districts, and such other districts as are authorized by law for the reclamation or development of waste or undeveloped lands or the rehabilitation of existing reclamation projects, and all such districts and improvement districts shall, for the purposes of this chapter be known as reclamation districts.
[ 2013 c 23 s 555; 1981 c 216 s 2; 1972 ex.s. c 51 s 3; 1959 c 104 s 4. Prior: 1919 c 158 s 4, part; RRS s 3007, part.]

catchline: Payments from account—Reclamation districts specified—Rehabilitation of existing projects.


title: RCW 89.16.045

text:
Notwithstanding any other provisions of this chapter, the director of ecology may, by written contract with a reclamation district, loan moneys from the reclamation account to said district for use in financing a project of construction, reconstruction or improvement of district facilities, or a project of additions to such facilities. No such contract shall exceed fifty thousand dollars per project or a term of ten years, or provide for an interest rate of more than eight percent per annum. The director shall not execute any contract as provided in this section until he or she determines that the project for which the moneys are furnished is within the scope of the district's powers to undertake, that the project is feasible, that its construction is in the best interest of the state and the district, and that the district proposing the project is in a sound financial condition and capable of repaying the loan with interest in not more than ten annual payments. Any district is empowered to enter into a contract, as provided for in this section, and to levy assessments based on the special benefits accruing to lands within the district as are necessary to satisfy the contract, when a resolution of the governing body of the reclamation district authorizing its execution is approved by the body: PROVIDED, That no district shall be empowered to execute with the director any such contract during the term of any previously executed contract authorized by this section.
[ 2013 c 23 s 556; 1972 ex.s. c 51 s 4; 1967 c 181 s 1.]

catchline: Loans from account—Contracts—Repayment.


title: RCW 89.16.050

text:
In carrying out the purposes of this chapter, the director of the department of ecology of the state of Washington shall be authorized and empowered:
To make surveys and investigations of the wholly or partially unreclaimed and undeveloped lands in this state and to determine the relative agricultural values, productiveness and uses, and the feasibility and cost of reclamation and development thereof;
To formulate and adopt a sound policy for the reclamation and development of the agricultural resources of the state, and from time to time select for reclamation and development such lands as may be deemed advisable, and the director may in his or her discretion advise as to the formation and assist in the organization of reclamation districts under the laws of this state;
To purchase the bonds of any reclamation district whose project is approved by the director and which is found to be upon a sound financial basis, to contract with any such district for making surveys and furnishing engineering plans and supervision for the construction of its project, or for constructing or completing its project and to advance money to the credit of the district for any or all of such purposes, and to accept the bonds, notes, or warrants of such district in payment therefor, and to expend the moneys appropriated from the reclamation account in the purchase of such bonds, notes, or warrants or in carrying out such contracts: PROVIDED, That interest not to exceed the annual rate provided for in the bonds, notes, or warrants agreed to be purchased, shall be charged and received for all moneys advanced to the district prior to the delivery of the bonds, notes, or warrants and the amount of such interest shall be included in the purchase price of such bonds, notes, or warrants: PROVIDED FURTHER, That no district, the bonds, notes, or warrants of which have been purchased by the state under the provisions of the state reclamation act, shall thereafter during the life of said bonds, notes, or warrants make expenditures of any kind from the bond or warrant funds of the district or incur obligations chargeable against such funds or issue any additional notes without previous written approval of the director of ecology of the state of Washington, and any obligations incurred without such approval shall be void;
To sell and dispose of any reclamation district bonds acquired by the director, at public or private sale, and to pay the proceeds of such sale into the reclamation account: PROVIDED, That such bonds shall not be sold for less than the purchase price plus accrued interest, except in case of a sale to an agency supplied with money by the United States of America, or to the United States of America in furtherance of refunding operations of any irrigation district, diking or drainage district, or diking or drainage improvement district, now pending or hereafter carried on by such district, in which case the director shall have authority to sell any bonds of such district owned by the state of Washington under the provisions of the state reclamation act, to the United States of America, or other federal agency on such terms as said United States of America, or other federal agency shall prescribe for bonds of the same issue of such district as that held by the state of Washington in connection with such refunding operations;
To borrow money upon the security of any bonds, including refunding bonds, of any reclamation district, acquired by the director, on such terms and rate of interest and over such period of time as the director may see fit, and to hypothecate and pledge reclamation district bonds or refunding bonds acquired by the director as security for such loan. Such loans shall have, as their sole security, the bonds so pledged and the revenues therefrom, and the director shall not have authority to pledge the general credit of the state of Washington: PROVIDED, That in reloaning any money so borrowed, or obtained from a sale of bonds it shall be the duty of the director to fix such rates of interest as will prevent impairment of the reclamation revolving account;
To purchase delinquent general tax or delinquent special assessment certificates chargeable against lands included within any reclamation district obligated to the state under the provisions of the state reclamation act, and to purchase lands included in such districts and placed on sale on account of delinquent taxes or delinquent assessments with the same rights, privileges, and powers with respect thereto as a private holder and owner of said certificates, or as a private purchaser of said lands: PROVIDED, That the director shall be entitled to a delinquent tax certificate upon application to the proper county treasurer therefor without the necessity of a resolution of the county legislative authority authorizing the issuance of certificates of delinquency required by law in the case of the sale of such certificates to private purchasers;
To sell said delinquent certificates or the lands acquired at sale on account of delinquent taxes or delinquent assessments at public or private sale, and on such conditions as the director shall determine;
To, whenever the director shall deem it advisable, require any district with which he or she may contract, to provide such safeguards as he or she may deem necessary to assure bona fide settlement and development of the lands within such district, by securing from the owners of lands therein agreements to limit the amount of their holdings to such acreage as they can properly farm and to sell their excess landholdings at reasonable prices;
To employ all necessary experts, assistants, and employees and fix their compensation and to enter into any and all contracts and agreements necessary to carry out the purposes of this chapter;
To have the assistance, cooperation and services of, and the use of the records and files in, all the departments and institutions of the state, particularly the office of the commissioner of public lands, the state department of agriculture, Washington State University, and the University of Washington; and all state officers and the governing authorities of all state institutions are hereby authorized and directed to cooperate with the director in furthering the purpose of this chapter;
To cooperate with the United States in any plan of land reclamation, land settlement or agricultural development which the congress of the United States may provide and which may effect the development of agricultural resources within the state of Washington, and the director shall have full power to carry out the provisions of any cooperative land settlement act that may be enacted by the United States.
[ 2013 c 23 s 557; 1983 c 167 s 248; 1977 c 75 s 93; 1972 ex.s. c 51 s 5; 1943 c 279 s 1; 1935 c 7 s 1; 1933 ex.s. c 13 s 1; 1923 c 132 s 1; 1919 c 158 s 5; RRS s 3008.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: Powers and duties of director of ecology.


title: RCW 89.16.055

text:
In addition to the powers provided in RCW 89.16.050, the department of ecology is authorized and empowered to:
(1) Conduct surveys, studies, investigations, and water right examinations for proposed reclamation projects or the rehabilitation of existing reclamation projects that may be funded fully or partially from the receipts of the sale of bonds issued by the state of Washington.
(2) Support the preparation for and administration of proceedings, provided in RCW 90.03.110 or 90.44.220, or both, pertaining to river systems or other water bodies that are associated with existing or proposed reclamation projects.
(3) Conduct a regulatory program for well construction as provided in chapter 18.104 RCW.
Funds of the account established by RCW 89.16.020 may, as appropriated by the legislature, be used in relation to the powers provided in this section, notwithstanding any other provisions of chapter 89.16 RCW that may be to the contrary.
[ 1993 c 387 s 27; 1981 c 216 s 1.]
Notes:
Effective date—1993 c 387: See RCW 18.104.930.

catchline: Additional powers and duties enumerated—Payment for from reclamation account.


title: RCW 89.16.060

text:
The department of ecology shall have the power to cooperate and to contract with the United States for the reclamation of lands in this state by the United States, and shall have the power to contract with the United States for the handling of such reclamation work by the United States and for the repayment of such moneys as the department of ecology shall invest from the reclamation account, under such terms and conditions as the United States laws and the regulations of the interior department shall provide for the repayment of reclamation costs by the lands reclaimed.
[ 1972 ex.s. c 51 s 6; 1919 c 158 s 6; RRS s 3009.]

catchline: Contracts with United States.


title: RCW 89.16.070

text:
A diking, drainage, diking and drainage, and irrigation district, and improvement districts thereof through the parent district, or such other district as is authorized and organized for the reclamation or development of waste or undeveloped lands, may enter into contracts with the director for the reclamation of the lands of the district in the manner provided herein, or in such manner as such districts may contract with the United States or with individuals or corporations, for making surveys and furnishing engineering plans and supervision for the construction of all works and improvements necessary for the reclamation of its lands, and for the sale or delivery of its bonds, and may issue bonds of the district for such purposes.
[ 1959 c 104 s 5; 1923 c 132 s 2; 1919 c 158 s 7; RRS s 3010.]

catchline: Contracts with districts.


title: RCW 89.16.080

text:
Whenever in the judgment of the department of natural resources any state, school, granted, or other public lands of the state will be specially benefited by any proposed reclamation project approved by the department of ecology, it may consent that such lands be included in any reclamation district organized for the purpose of carrying out such reclamation project, and in that event the department of natural resources shall be authorized to pay, out of current appropriations, the district assessments levied as provided by law against such lands, and any such assessments paid shall be made a charge against the lands upon which they were levied, and the amount thereof, but without interest, shall be included in the appraised value of such lands when sold or leased.
[ 1972 ex.s. c 51 s 7; 1919 c 158 s 8; RRS s 3011.]

catchline: State lands may be included—Procedure.


title: RCW 89.30.001

text:
Reclamation districts including an area of not less than one million acres of land may be created and maintained in this state, as herein provided, for the reclamation and improvement of arid and semiarid lands situated in such districts, and for the generation and/or sale of hydroelectric energy: PROVIDED, That no appropriation, license, filing, recording, examination or other fee or fees, as provided in RCW 90.16.050 through 90.16.090 or in RCW 90.03.470 shall be applicable to a district or districts created under this chapter.
[ 1933 c 149 s 1; 1927 c 254 s 1; RRS s 7402-1. Formerly RCW 89.20.020 and 89.20.040, part.]

catchline: District authorized—Area not less than one million acres—No fees.


title: RCW 89.30.004

text:
Such reclamation districts may include all or part of the territory of any county and may combine the territory in two or more counties, in which any of the lands to be reclaimed and improved are situated, or in which hydroelectric energy may be generated in connection with project works.
[ 1933 c 149 s 2; 1927 c 254 s 2; RRS s 7402-2. Formerly RCW 89.20.200.]

catchline: Lands in one or more counties.


title: RCW 89.30.007

text:
Such reclamation districts may be organized or maintained for any or all the following general purposes:
(1) The construction or purchase and the operation and maintenance of dams, power and pumping works, transmission power lines, reservoirs, pipe lines, and other works or parts of same for the irrigation of lands within the operation of the district or districts and for the transmission and sale of power generated by such works.
(2) The reconstruction, repair or improvement of existing irrigation works.
(3) The operation or maintenance of existing irrigation works.
(4) The construction, reconstruction, repair or maintenance of a system of diverting canals or conduits, from a natural source of water supply to the point of individual distribution for irrigation purposes.
(5) The execution and performance of any contract authorized by law with any department of the United States or any state therein for power, reclamation and irrigation purposes.
(6) The performance of all things necessary to enable the district or districts to exercise the powers granted in this chapter.
(7) That no permits or licenses for the appropriation of water for irrigation and/or power purposes shall be granted by the state of Washington which will interfere with the irrigation and/or power requirements of the district or districts created under this chapter.
[ 1933 c 149 s 3; 1927 c 254 s 3; RRS s 7402-3. Formerly RCW 89.20.030 and 89.20.040, part.]

catchline: General purposes of district.


title: RCW 89.30.010

text:
Whenever fifty, or a majority of the holders of title to, or of evidence of title to, lands susceptible of irrigation in each of the several counties in which lands coming within the proposed district are located, desire to organize an irrigation [reclamation] district for any, or all, of the purposes mentioned in RCW 89.30.007, they may propose the organization of an irrigation [reclamation] district by filing a petition signed by the required number of holders of title, or evidence of title, to land within the proposed district with the board of county commissioners of the county in which the greatest portion of the land susceptible of irrigation, to be included in the proposed district, is located.
[ 1933 c 149 s 4; 1927 c 254 s 4; RRS s 7402-4. Formerly RCW 89.20.500.]

catchline: Petition—Filing.


title: RCW 89.30.013

text:
Said petition shall describe the lands proposed to be irrigated in township and ranges and in case of smaller bodies of land, in legal subdivisions or fractions thereof, shall give the name of the county in which said respective irrigable lands are situated, and shall state all the possible sources of water supply from which said lands can be irrigated: PROVIDED, That nothing herein contained shall be construed to limit the power of any district organized under the provisions of this chapter to utilize any other source of water supply not mentioned in the petition. Said petition shall also define the boundaries of the proposed district, which said boundaries shall include all of the lands, a major portion of which can be irrigated from the proposed sources of water supply, shall give the name by which the petitioners desire the district to be designated and shall state that the petitioners desire to have the territory included within the boundaries defined, organized into a reclamation district under the provisions of this chapter.
[ 1927 c 254 s 5; RRS s 7402-5. Formerly RCW 89.20.510.]

catchline: Petition—Contents.


title: RCW 89.30.016

text:
State, granted, school or other public lands of the state of Washington may be included in such districts, and may be included in any general improvement district or divisional district authorized herein within the reclamation district and subjected to special assessments for general improvement or divisional district purposes.
[ 1927 c 254 s 6; RRS s 7402-6. Formerly RCW 89.20.210.]

catchline: Public lands of state may be included.


title: RCW 89.30.019

text:
All leases, contracts, or other form of holding any interest in any state or public land shall be treated as the private property of the lessee or owner of the contractual or possessory interest; PROVIDED, That nothing in this chapter shall be construed to affect the title of the state or other public ownership, nor shall any lien for assessments or taxes attach to the fee simple title of the state or other public ownership.
[ 1927 c 254 s 7; RRS s 7402-7. Formerly RCW 89.20.220.]

catchline: Interest in public lands treated as private property—Public title unaffected, liens barred.


title: RCW 89.30.022

text:
Lands of the federal government may be included within such districts; and such lands may be included in any general improvement or divisional district authorized herein, in the manner and subject to the conditions specified in the statutes of the United States.
[ 1927 c 254 s 8; RRS s 7402-8. Formerly RCW 89.20.230.]

catchline: Federal lands may be included.


title: RCW 89.30.025

text:
Lands held by private persons under possessory rights from the federal government may be included within the operation of the district, and as soon as such lands are held under title of private ownership, the owner thereof shall be entitled to receive his or her proportion of water as in case of other landowners upon payment by him or her of such sums as shall be determined by the district board and at the time to be fixed by said district board, which sum shall be such equitable amount as such lands should pay having regard to placing said lands on the basis of equality with other lands in the district as to benefits received, and giving credit if equitable for any sums paid as water rent by the occupant of said lands prior to the vesting of private ownership, and such lands shall also become subject to all taxes and assessments of the district thereafter imposed.
[ 2013 c 23 s 558; 1927 c 254 s 9; RRS s 7402-9. Formerly RCW 89.20.240.]

catchline: Possessory interest in federal lands—Water rent, credit for prior payment.


title: RCW 89.30.028

text:
Persons signing said petition shall state following their respective names, in a place provided in said petition for that purpose, the legal description of the lands owned by them and the estimated irrigable acreage contained in the same: PROVIDED, That the petitioners shall be prima facie deemed to be the owners of lands susceptible of irrigation for the purposes of the petition in the absence of evidence to the contrary submitted prior to the day of the hearing hereinafter provided for on said petition.
[ 1927 c 254 s 10; RRS s 7402-10. Formerly RCW 89.20.520.]

catchline: Petitioners to describe their lands—Petitioners deemed owners thereof.


title: RCW 89.30.031

text:
The ownership of land of any of the petitioners may be shown by the county general tax roll of the county in which such land is situated, last equalized prior to the time of the filing of said petition with the county board. Any item on said assessment roll may be proved by a certificate of the county officer having the custody of said tax roll at the time of making said certificate.
[ 1927 c 254 s 11; RRS s 7402-11. Formerly RCW 89.20.530.]

catchline: Proof of ownership by tax roll.


title: RCW 89.30.034

text:
The petition for organization of such reclamation district shall consist of any number of separate instruments of uniform similarity, numbered consecutively. For convenience, lands represented on said instruments may be grouped separately according to the county in which said lands are situated. No petitioner shall have the right to withdraw his or her name from the petition after the same has been filed with said county board.
[ 2013 c 23 s 559; 1927 c 254 s 12; RRS s 7402-12. Formerly RCW 89.20.540.]

catchline: Petition on separate sheets—Withdrawals.


title: RCW 89.30.037

text:
If it shall appear that said petition or any part thereof does not contain the matters and things required by the statute, said county board shall make an order specifying the deficiency and shall return said petition or the part thereof found to be deficient to the persons filing the same.
[ 1927 c 254 s 13; RRS s 7402-13. Formerly RCW 89.20.550.]

catchline: Correction of deficient petition.


title: RCW 89.30.040

text:
In the event that more than one petition for the organization of a reclamation district covering any of the same territory, is filed with the same board or with different boards of county commissioners prior to the date of the issuance of the order fixing the time and place for a hearing on one of said petitions as herein provided, the petition covering the largest territory shall first be determined and voted upon by the electors concerned.
[ 1927 c 254 s 14; RRS s 7402-14. Formerly RCW 89.20.560.]

catchline: Conflicting petitions—Largest territory considered first.


title: RCW 89.30.043

text:
If and when said county board finds that the petition is sufficient it shall enter an order to that effect and shall fix a time and place for a hearing on said petition which said time shall be not less than thirty days nor more than ninety days from the date of said order and shall direct the clerk of the board to publish notice of said hearing, setting forth the matters and things hereinafter required in a newspaper of general circulation published in each county in which any lands to be included in the district are situated. If there should be no newspaper of general circulation published in any county involved, then the county board shall designate some newspaper of general circulation published outside said county for the publication of said notice as to the lands situated in said county.
[ 1927 c 254 s 15; RRS s 7402-15. Formerly RCW 89.20.570, part.]

catchline: Order for hearing—Notice.


title: RCW 89.30.046

text:
Said notice shall be published once a week for at least two weeks (three issues) before the time when the hearing on said petition is to be held.
[ 1927 c 254 s 16; RRS s 7402-16. Formerly RCW 89.20.570, part.]

catchline: Publication of notice.


title: RCW 89.30.049

text:
Said notice shall state that a petition has been filed with said county board for the purpose of creating a reclamation district under the provisions of this chapter and may be inspected during office hours by any interested person, shall specify the boundaries of the district proposed in the petition, shall mention the time and place of hearing on said petition and shall state that all persons having or claiming any interest in said land, or any part thereof, and all persons otherwise interested are required at or before the time of said hearing to file in writing with the clerk of the county board such objections as they may have, if any, to the creation of said district. Said notice shall be signed by the clerk of the board.
[ 1927 c 254 s 17; RRS s 7402-17. Formerly RCW 89.20.590.]

catchline: Contents of notice.


title: RCW 89.30.052

text:
Said clerk shall also mail a copy of said notice to each member of the commission hereinafter provided for, at least two weeks before the day of said hearing.
[ 1927 c 254 s 18; RRS s 7402-18. Formerly RCW 89.20.580.]

catchline: Copy of notice to each member of commission.


title: RCW 89.30.055

text:
Upon the giving of notice of hearing on the petition by the clerk of the county board aforesaid, there is hereby authorized and created a commission composed of the chair of the board of county commissioners of each of the counties in which any of the lands to be included in the proposed reclamation district are situated, and of the state director of ecology, which commission shall consider and determine said petition.
[ 2013 c 23 s 560; 1988 c 127 s 70; 1933 c 149 s 5; 1927 c 254 s 19; RRS s 7402-19. Formerly RCW 89.20.700.]

catchline: Commission—Creation—Composition.


title: RCW 89.30.058

text:
The state director of ecology shall be ex officio chair of said commission, and the clerk of the county board of the county in which the petition is filed, shall be ex officio clerk of said commission. A majority of the members of said commission shall constitute a quorum for the transaction or exercise of any of its powers, functions, duties and business.
[ 2013 c 23 s 561; 1988 c 127 s 71; 1933 c 149 s 6; 1927 c 254 s 20; RRS s 7402-20. Formerly RCW 89.20.710, part.]

catchline: Commission—Chair—Clerk—Quorum.


title: RCW 89.30.061

text:
The clerk of the commission shall not be entitled to vote on matters coming before it, except in case of a tie vote of the members thereof, in which event said clerk shall cast the deciding vote.
[ 1927 c 254 s 21; RRS s 7402-21. Formerly RCW 89.20.710, part.]

catchline: Commission—Clerk not to vote unless tie.


title: RCW 89.30.064

text:
Said commission is hereby given full authority to receive evidence, to make independent investigation, to determine and establish the boundaries of the district, to adjourn its meeting from time to time and place to place, and to do any and all things necessary or incidental to the determination of the petition and the establishment of the boundaries of the reclamation district.
[ 1927 c 254 s 22; RRS s 7402-22. Formerly RCW 89.20.770.]

catchline: Commission—General powers.


title: RCW 89.30.067

text:
The period of such adjournments, however, shall not exceed ninety days in all and in case of lack of a quorum, one or more members of the commission may adjourn to a day certain and notify the absent members of the day to which said hearing was adjourned.
[ 1927 c 254 s 23; RRS s 7402-23. Formerly RCW 89.20.740.]

catchline: Commission—Adjournments.


title: RCW 89.30.070

text:
Except as otherwise herein provided the necessary expenses of the commission and of the members thereof in performing the duties and functions of said commission shall be borne by the respective counties concerned in proportion to the taxable value of the acreage of each included in the proposed reclamation district and said respective counties are hereby made liable for such expenses. The individual expenses of the state director of ecology shall be borne by the state.
[ 1988 c 127 s 72; 1933 c 149 s 7; 1927 c 254 s 24; RRS s 7402-24. Formerly RCW 89.20.720.]

catchline: Commission—Expenses.


title: RCW 89.30.073

text:
The hearing on said petition shall be held at the office of the county board of the county where the petition is filed or at such other convenient place as said county board shall designate.
[ 1927 c 254 s 25; RRS s 7402-25. Formerly RCW 89.20.730.]

catchline: Hearing on petition—Place.


title: RCW 89.30.076

text:
At the time and place designated in said notice the commission shall meet to consider said petition. Said commission shall first determine whether notice of the hearing on said petition has been published in the manner and for the time required by this chapter and shall file the affidavits of the publishers as to the time of publication in their respective newspapers among the records of the hearing.
[ 1927 c 254 s 26; RRS s 7402-26. Formerly RCW 89.20.750.]

catchline: Hearing on petition—Proof of notice.