title: RCW 87.68.010

text:
At the option of the board of directors assessments of irrigation districts in this state under contract with the United States involving payments thereto for the development and operation of their respective projects shall be payable on or before December 31st of the year in which the assessment is levied and upon the resolution of the board of directors of the district to that effect, adopted and entered at a regular meeting thereof not later than the second Tuesday of September of the year in which the levy is made. Such resolution shall thereafter remain in full force and effect until revoked by the board.
[ 1941 c 141 s 1; Rem. Supp. 1941 s 7525-13.]
Notes:
Severability—1941 c 141: "If any section, provision or part of this act shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the act as a whole or of any section, provision, or part thereof not adjudged invalid or unconstitutional." [ 1941 c 141 s 7.]
Construction—1941 c 141: "Nothing in this act contained shall be held or construed to modify, abridge or extend any other law or provision thereof relating to irrigation district assessments or the collection thereof except as herein provided." [ 1941 c 141 s 6.]

catchline: Resolution to fix time of paying assessments.


doc_type: statute

jurisdiction: wa

title: RCW 87.68.020

text:
In the event of the adoption and entering of such resolution by the board of directors, a person paying all or one-half of the current district assessment against any tract of land on or before December 31st of the year in which said assessment is levied shall be entitled to a discount of ten percent of said assessment if paid in full and ten percent of one-half of said assessment if one-half only is paid. In the event one-half of said assessment is paid on or before December 31st as aforesaid, the payer of the second half of said assessment shall be entitled to a discount of ten percent of the amount of said second half of said assessment if the same is paid on or before May 31st, next following the December payment. No discount shall be made for payment of district assessments except as herein specifically provided.
[ 1941 c 141 s 2; Rem. Supp. 1941 s 7525-14.]
Notes:
Severability—Construction—1941 c 141: See notes following RCW 87.68.010.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Discount on advance payments.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 87.68.030

text:
Said board of directors shall adopt and enter a resolution fixing the day, hour, and place when and where the board will convene as a board of equalization to equalize the assessment roll and a copy of the resolution adopting December 31st as the day on or before which assessments shall be paid, together with a notice signed by the secretary stating the day, hour, and place of the meeting of the board of equalization, shall be published for two consecutive weekly issues prior to the day of the convening of the board of equalization in some newspaper of general circulation in the district to be previously designated by the district board.
[ 1941 c 141 s 3; Rem. Supp. 1941 s 7525-15.]
Notes:
Severability—Construction—1941 c 141: See notes following RCW 87.68.010.

catchline: Meeting of board of equalization—Resolution—Notice.


title: RCW 87.68.040

text:
The officers of said district shall cause said assessments to be made, levied and equalized and the assessment roll and any parts thereof to be delivered to the proper county treasurers on or before December 10th of said year and upon receipt of a certified copy of said resolution adopting December 31st as the day on or before which assessments shall be paid, the county officers charged with the collection of irrigation district assessments shall be authorized and it shall be their duty respectively to collect the same in accordance with the provisions of RCW 87.68.010 through 87.68.050 and of said resolution and to account for collections in the manner provided by the irrigation district law.
[ 1941 c 141 s 4; Rem. Supp. 1941 s 7525-16.]
Notes:
Severability—Construction—1941 c 141: See notes following RCW 87.68.010.
Assessments and levies: RCW 87.03.240 through 87.03.305.
Claims, how paid, etc.: RCW 87.03.440.

catchline: Assessment rolls, resolution, to county treasurers.


title: RCW 87.68.050

text:
Irrigation district assessments levied and becoming payable under the provisions of RCW 87.68.010 through 87.68.050 shall be payable on and after December 10th next following the levy and except as in RCW 87.68.010 through 87.68.050 otherwise provided shall become delinquent, shall be collected by the same officials and lands charged with said assessments shall be sold when delinquent; all at the same times in the same manner with the same kind and length of notice and with the same force, effect, obligations, and privileges as provided by the irrigation district law generally for the collection of assessments, and for the sale and redemption of lands charged with delinquent district assessments.
[ 1941 c 141 s 5; Rem. Supp. 1941 s 7525-17.]
Notes:
Severability—Construction—1941 c 141: See notes following RCW 87.68.010.
Assessments, sale, redemption: RCW 87.03.240 through 87.03.475.

catchline: Payment and collection of assessments.


title: RCW 87.68.060

text:
In any election called and held in an irrigation district organized and existing under the laws of this state, comprising two hundred thousand or more acres of land within its boundaries, for the purpose of voting on any proposed contract between the district and the United States or any agency thereof where the proposed contract is to include a provision in accordance with the fourth proviso in section 1(b) of the act of congress of May 27, 1937 (50 Stat. 208), the notice of said election shall state, in addition to the other matters and things required by law relating to elections in such districts, that the proposed contract shall include a provision in accordance with the fourth proviso in section 1(b) of the act of congress of May 27, 1937 (50 Stat. 208), and shall also set forth the provisions of section 1(a) and (b) of said federal act.
[ 1939 c 190 s 1; RRS s 7402-283.]
Notes:
Qualification of voters: RCW 87.03.045.

catchline: Certain elections—Districts of two hundred thousand acres—Notice of election.


title: RCW 87.68.070

text:
Funds in the custody of the board of control of the Sunnyside Division, Yakima Project, or any similar board created or operated by contract or otherwise under or pursuant to the federal reclamation laws, or acting as operating agent for the United States and/or irrigation districts of this state or of other states, may be deposited on general deposit in any one or more banks in this state which such board of control may designate. All such deposits shall be made in the name of the board and be subject to payment on demand on the check of any officer or agent fully authorized and designated by such board. The board of control of the Sunnyside Division, Yakima Project, referred to herein, is the board of control created by the respective contracts entered into by and between the United States of America and the Sunnyside Valley Irrigation District and other irrigation districts of the Sunnyside Division of the Yakima Project, in the state of Washington, under the provisions of the act of congress of June 17, 1902 (32 Stat. 388), and acts amendatory thereof or supplementary thereto, all generally referred to as the federal reclamation laws.
[ 1945 c 163 s 1; Rem. Supp. 1945 s 7525-40. FORMER PART OF SECTION: 1947 c 265 s 2, part; 1945 c 163 s 7, part; Rem. Supp. 1945 s 7525-46, part, now codified in RCW 87.68.140. Formerly RCW 87.68.070 and 87.68.080.]

catchline: Deposit of funds in bank of board of control's choice.


title: RCW 87.68.090

text:
Upon the designation of any bank by the board of control as in RCW 87.68.070 through 87.68.140 provided, the bank shall furnish security for any deposits by mortgage, pledge or hypothecation of bank assets or otherwise in such manner as may be agreed upon between the board of control and the bank, or in lieu thereof, the bank shall file with the board of control a surety bond to such board of control, properly executed by some reliable surety company qualified under the laws of this state to do business therein, in the maximum amount of deposits designated by said board to be carried in such bank, conditioned for the prompt and faithful payment thereof on checks drawn by the officer or agent fully authorized and designated by such board.
[ 1945 c 163 s 2; Rem. Supp. 1945 s 7525-41.]

catchline: Security for deposits.


title: RCW 87.68.100

text:
The state auditor shall audit the books, records and affairs of the board of control every two years, or at such other times as the board shall request, and the costs of the audit shall be paid by said board.
[ 1945 c 163 s 3; Rem. Supp. 1945 s 7525-42.]

catchline: Audit of board's records.


title: RCW 87.68.110

text:
Each irrigation district which has or hereafter may enter into a contract with the United States providing for the operation and maintenance, by means of a board of control, of irrigation works used in common with other districts, shall include in the annual levy of assessments a sufficient amount to pay the annual estimated pro rata proportion of the costs chargeable to such district and also such reserve fund as may be fixed by the contract: PROVIDED, That any district may appropriate moneys from other funds to pay said costs.
When assessments are paid to the county treasurer for the board of control fund, they shall be deposited in a special fund, known as the "Board of Control Fund," and when assessments are paid to the county treasurer for the board of control reserve fund they shall be deposited in a special fund known as the "Board of Control Reserve Fund," and said funds may be disbursed only upon vouchers approved by a majority of the voting power of the members of the board of control, and the county auditor shall issue warrants for the payments of such claims which shall be payable out of the funds on which the same are drawn.
Any moneys in the "Board of Control Reserve Fund," when so requested by the board of control, shall be invested by the treasurer of said county and under the direction of said board of control in U.S. bonds or bonds of the state or any bonds pronounced by the treasurer of the state as valid securities for the deposit of public funds.
[ 1951 c 158 s 1; 1947 c 265 s 1; 1945 c 163 s 4; Rem. Supp. 1947 s 7525-43.]

catchline: Costs, assessments for—Special funds—Investment of.


title: RCW 87.68.120

text:
Any irrigation district, city, town, or other water user or users whose lands are irrigated by water carried in works transferred by the United States to a board of control, are hereby authorized to enter into contract with another irrigation district whose lands are irrigated by water carried in the same canal to operate and maintain the main canal and other works known as transferred works, and to pay such district in a lump sum its pro rata proportion of the cost of maintenance and operation of such transferred works: PROVIDED, That the amount said pro rata proportion may be estimated and such estimated amount paid at the beginning of any year, and at the end of the year the board shall after determining the true pro rata amount of such user's cost, require such user to pay the balance, if any, of said true pro rata amount.
[ 1945 c 163 s 5; Rem. Supp. 1945 s 7525-44.]

catchline: Contract for use of canal.


title: RCW 87.68.130

text:
Any irrigation district, city, town, or other water user or users whose lands are irrigated by water carried in works transferred by the United States to a board of control are hereby authorized to enter into contract with the board of control for the operation and maintenance of the irrigation works within the district by the board of control and to pay such district in a lump sum the cost of maintenance and operation of such works within the district: PROVIDED, That the amount of the cost of operation of the works in the district may be estimated and the estimated amount paid to the board. At the end of each year the board shall, after determining the true amount of such costs of operation, require such district to pay the balance, if any, of such true amount.
[ 1945 c 163 s 6; Rem. Supp. 1945 s 7525-45.]

catchline: Contract with board to operate works.


title: RCW 87.68.140

text:
Any such board of control shall have authority to be exercised by a majority of the voting power of the board to sell at such price and upon such terms as may be fixed by said board and any real or personal property owned by the board of control and to authorize the execution by the president and secretary of said board of a good and sufficient conveyance therefor, and said board may sue or be sued in any of the courts of this state without joining the person, corporation or district for whose benefit the suit may be prosecuted or defended.
[ 1947 c 265 s 2; 1945 c 163 s 7; Rem. Supp. 1947 s 7525-46. Formerly RCW 87.68.070, part and 87.68.140.]
Notes:
Rules of court: Cf. Superior Court Civil Rules.

catchline: Disposal of property authorized—Board may sue and be sued.


title: RCW 87.76.010

text:
The directors of the several irrigation districts in the state shall take such action as they deem necessary to effect coordination of their common programs for the economical and efficient operation of their districts and the reclamation of lands therein, and prepare reports annually for such operations.
[ 1947 c 193 s 1; Rem. Supp. 1947 s 7505-10.]

catchline: Coordination of programs—Reports.


title: RCW 87.76.020

text:
The directors of such irrigation districts may designate a statewide association dedicated to the promotion of irrigated agriculture as a coordinating agency in the execution of the duties imposed by this chapter, and pay dues or assessments, or both, to the association from district expense funds, and the several districts may levy assessments against the lands therein for this purpose. Such dues and assessments shall be paid only on vouchers approved by the board of directors of the contributing district in the manner provided for the approval of district vouchers generally. The total of such voucher claims for any district in any calendar year shall not exceed two percent of the total amount or its equivalent of the expense fund levy of the district for that year.
[ 1987 c 124 s 1; 1947 c 193 s 2; Rem. Supp. 1947 s 7505-11.]
Notes:
Claims, how paid: RCW 87.03.440.
Power as to incurring indebtedness: RCW 87.03.475.

catchline: Coordinating agency—Expense, how defrayed.


title: RCW 87.76.030

text:
The board of directors of the several districts may effect the state organization herein contemplated and take such further and other action in behalf of their respective districts as they deem necessary to carry out the intent of this chapter, including support of and attendance at such meetings as may be required to promote and perfect the organization and to effect its purposes.
[ 1947 c 193 s 3; Rem. Supp. 1947 s 7505-12.]

catchline: General powers of directors.


title: RCW 87.76.040

text:
To avoid duplication of effort the state association may, in the discretion of its officers, affiliate and cooperate with other organizations and agencies engaged in the furthering of reclamation of lands in the state and make financial contributions to them for such purpose. In carrying out the powers authorized by this chapter, the association of irrigation districts is authorized to enter into contracts with the federal government, the state, irrigation districts, boards of control, municipal or quasi-municipal corporations, cooperatives, other public or private agencies, and associate organizations. The association of irrigation districts is authorized to advance funds to promote the development and utilization of agricultural water and power resources and to employ the technical and professional assistance necessary to survey, plan, investigate, study, print, and publish information and literature to promote the development and utilization of such resources and provide and present data and information to members of congress, any committee of congress, and to other federal officials as an aid in securing needed legislation, contracts, and timely appropriations.
[ 1996 c 214 s 2; 1987 c 124 s 2; 1951 c 202 s 1; 1949 c 41 s 1; Rem. Supp. 1949 s 7505-13.]

catchline: Cooperation with other agencies authorized—Financial contributions—Contracts with public and private agencies.


title: RCW 87.80.005

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Area of jurisdiction" means all lands within the exterior boundary of the composite area served by the irrigation entities that comprise the board of joint control as the boundary is represented on the map filed under RCW 87.80.030.
(2) "Irrigation entity" means an irrigation district or an operating entity for a division within a federal reclamation project. For the purposes of this chapter, a water company, a water users' association, a municipality, a water right owner and user of irrigation water, or any other entity that provides irrigation water as a primary purpose, is an irrigation entity when creating or joining a board of joint control with an irrigation district or operating entity for a division within a federal reclamation project.
(3) "Joint use facilities" means those works, including reservoirs, canals, ditches, natural streams in which the irrigation entity has rights of conveyance under RCW 90.03.030, hydroelectric facilities, pumping stations, drainage works, reserved works as may be transferred by contracts with the United States, and system interties that are determined by the board of joint control to provide common benefit to its members.
(4) "Ownership interest" means the irrigation entity holds water rights in its name for the benefit of itself, its water users or, in federal reclamation projects, the irrigation entity has a contractual responsibility for delivery of water to its individual water users.
(5) "Source of water" means a hydrological distinct river and tributary system or aquifer system from which board of joint control member entities appropriate water.
[ 2003 c 306 s 1; 1996 c 320 s 2.]

catchline: Definitions.


title: RCW 87.80.010

text:
A board of joint control may be created as provided in this chapter to administer: (1) The construction, operation, maintenance, betterments, and regulations of the joint use facilities, including reservoirs, canals, hydroelectric facilities within the works of the irrigation water supply system, pumping stations, drainage works, reserved works, and system interconnections, of two or more irrigation entities which are the owners of, have an ownership interest in, or are trustees for owners of water rights having the same source or which use common works for the diversion and either transportation, or drainage, or both, of all or any part of their respective irrigation water supplies; and (2) activities and programs that promote more effective and efficient water management for the benefit of member entities of a board of joint control.
[ 1996 c 320 s 1; 1949 c 56 s 1; Rem. Supp. 1949 s 7505-20.]

catchline: Board of joint control authorized.


title: RCW 87.80.020

text:
(1) For the purpose of creating a board of joint control a petition signed by two or more entities that are owners of or hold an ownership interest in water rights having the same source of water or use common works for the diversion, transportation, or drainage of all or any part of their respective irrigation water supplies, must be filed with the board of county commissioners of the county in which the greater part of the land irrigated from the source of water supply is situated.
(2) The petition shall also be filed with the board of commissioners of each county containing lands irrigated from the source of water supply of the entities signing the petition. The board of county commissioners making the review under RCW 87.80.090 shall consider any comments of other boards of county commissioners provided within the public hearing and comment period on the petition.
[ 1996 c 320 s 3; 1949 c 56 s 2; Rem. Supp. 1949 s 7505-21.]

catchline: Petition to create board required—Signatures—Filing.


title: RCW 87.80.030

text:
The petition for the creation of a board of joint control shall be addressed to the board of county commissioners, shall describe generally the relationship, if any, of the irrigation entities to an established federal reclamation project, the primary waterworks of the entities including reservoirs, main canals, hydroelectric facilities, pumping stations, and drainage facilities, giving them their local names, if any they have, and shall show generally the physical relationship of the lands being watered from the water facilities. However, lands included in any irrigation entity involved need not be described individually but shall be included by stating the name of the irrigation entity and all the irrigable lands in the irrigation entity named shall by that method be deemed to be involved unless otherwise specifically stated in the petition. Further, the petition must propose the formula for board of joint control apportionment of costs among its members, and may propose the composition of the board of joint control as to membership, chair, and voting structure. When a board of joint control includes irrigation entities other than an irrigation district or an operating entity for a division within a federal reclamation project as provided in RCW 87.80.005, the voting structure must be such that the votes apportioned to those entities are less than fifty percent of the total votes.
The petition shall also state generally the reasons for the creation of a board of joint control and any other matter the petitioners deem material, and shall allege that it is in the public interest and to the benefit of all the owners of the lands receiving water within the area of jurisdiction, that the board of joint control be created and request that the board of county commissioners consider the petition and take the necessary steps provided by law for the creation of a board of joint control. The petition shall be accompanied by a map showing the area of jurisdiction and the general location of the water supply and distribution facilities.
[ 2003 c 306 s 2; 1996 c 320 s 4; 1949 c 56 s 3; Rem. Supp. 1949 s 7505-22.]

catchline: Form and contents of petition—Map.


title: RCW 87.80.040

text:
Upon the filing of a petition for the creation of a board of joint control the board of county commissioners at a regular meeting or at a special meeting shall examine the petition and, if found regular in form, shall accept the same for filing, and shall fix a time and place for hearing said petition.
[ 1949 c 56 s 4; Rem. Supp. 1949 s 7505-23.]

catchline: Petition filed if regular in form—Hearing set.


title: RCW 87.80.050

text:
Notice of the hearing on the petition shall be given by the clerk of the board of county commissioners by publishing the same, at the cost of the board of control, if created, otherwise at the cost of the petitioners, in the official newspaper of each county containing lands irrigated from the source of supply of the entities signing the petition. The notice shall be published in at least three weekly issues thereof. However, the time of the hearing shall not be less than thirty days from the date of the first publication of the notice. A copy of the notice shall be posted at the regular meeting place of the board of directors of each irrigation entity concerned in the granting or denial of the petition and a copy of the notice shall be mailed to the department of ecology at Olympia at least thirty days prior to the day of the hearing.
[ 1996 c 320 s 5; 1988 c 127 s 66; 1949 c 56 s 5; Rem. Supp. 1949 s 7505-24.]

catchline: Notice of hearing.


title: RCW 87.80.060

text:
The notice of the hearing on the petition shall state that a petition requesting the creation of a board of joint control to administer the facilities and activities, naming them if named in the petition, has been filed with the board of county commissioners of the county, naming the county; that the board of joint control, if it is created, will have authority to provide for apportionment of costs to carry out the objects of its creation among the member irrigation entities (naming them); shall state the day, hour, and place of the hearing on the petition; shall state that any person interested in the creation of the board of joint control may appear on or before the day of hearing on the petition, and show cause in writing, if any, why the same should not be granted, and the notice shall be over the name of the clerk of the board of county commissioners.
[ 1996 c 320 s 6; 1949 c 56 s 6; Rem. Supp. 1949 s 7505-25.]

catchline: Form and contents of notice.


title: RCW 87.80.070

text:
The board of county commissioners, at the time and place mentioned in the notice of hearing or at the time or times to which the hearing on said petition may be adjourned, shall proceed to hear the petition and all evidence submitted against and in support of the same. The board of county commissioners shall have full authority to adjourn the hearing from time to time not exceeding four weeks in all and to grant or reject the petition, and to determine the matter; any irregularities or omissions in the allegations of the petition shall not be held or construed to deprive the board of county commissioners of jurisdiction and authority to consider and determine the matter of any such petition accepted by it for consideration and said board of county commissioners shall have full authority to make such independent investigation of the matter of such petition as it shall deem advisable and to base its judgment on such independent investigation as well as upon the evidence submitted for and against the petition upon a hearing thereon as hereinafter provided.
[ 1949 c 56 s 7; Rem. Supp. 1949 s 7505-26. Formerly RCW 87.80.070 and 87.80.080.]

catchline: Conduct and scope of hearing—Independent investigation authorized.


title: RCW 87.80.090

text:
If the board of county commissioners determine[s] that the creation of a board of joint control is in the public interest, of benefit to the irrigation entities and individual water uses within those entities concerned, and will not be detrimental to water right interests outside the proposed board of joint control area of jurisdiction: Then the county board shall so find and adopt a resolution creating the board of joint control, designating it (name of county) County Joint Control Board No. (specify number), and the county board at the same time shall appoint the first members of the board of joint control based on the board composition proposed in the petition and the board of joint control shall consist of this membership. A copy of the resolution creating the board of joint control certified by the clerk of the county board shall be filed with the county assessor of the county in which the board of joint control was created and with the county assessor in any other county in the state in which any lands involved are situated, within five days after the resolution is adopted.
[ 1996 c 320 s 7; 1949 c 56 s 8; Rem. Supp. 1949 s 7505-27.]

catchline: Creation of board of joint control—Resolution filed.


title: RCW 87.80.100

text:
The principal office and place of business of the board of joint control shall be at a place to be designated by the board in the county in which the board was created. Each member of the board before entering on the duties of his or her office shall subscribe a written oath for the faithful discharge of his or her duties as a member and file the oath with the county clerk of the county. The filing of the oath shall be without clerk's fee. The term of office of members of the board is for one year or a fraction thereof ending on the first Monday in March next following their selection and until their respective successors are selected as provided in this section. The term of the first members of the board shall also be as above stated. In January of each year the board of directors of each irrigation entity concerned shall designate in writing and deliver to the board of joint control, the name or names of the person or persons who constitute the entity's membership and who shall represent the entity on the board of joint control for the ensuing year. The persons designated under this section constitute the board of joint control for the year and until their respective successors are selected and have qualified. Any irrigation entity that fails to designate its representative and to file the same as provided in this section is not entitled to representation on the board unless and until the requirements are complied with.
[ 1996 c 320 s 8; 1949 c 56 s 9; Rem. Supp. 1949 s 7505-28.]

catchline: Principal office, oaths, terms, of board—Representation on board.


title: RCW 87.80.110

text:
In the month of March, or another time as determined by the board of joint control, in each year the members of the board of joint control shall meet and organize as a board for the ensuing year and shall select a chair from their number and appoint a secretary who may, but need not, be a member of the board, and who shall keep a record of their proceedings, and perform other duties as the board prescribes. Business of the board shall be transacted at meetings thereof and a majority of the qualified membership of the board constitutes a quorum for the transaction of business and in all matters requiring action by the board there shall be a concurrence of at least a majority of the members present. However, if an alternative voting structure was proposed in the petition and adopted in the board of county commissioners' resolution, this structure will govern the voting procedures of the board of joint control. All meetings of the board shall be public.
[ 1996 c 320 s 9; 1949 c 56 s 10; Rem. Supp. 1949 s 7505-29.]

catchline: Organization of board—Meetings—Quorum.


title: RCW 87.80.120

text:
Each member of the board of joint control shall be compensated for services in accordance with the provisions of RCW 87.03.460. The amount must be fixed by resolution and entered in the minutes of the proceedings of the board. The board shall fix the compensation to be paid the secretary and all other agents and employees of the board.
[ 1996 c 320 s 10; 1949 c 56 s 11; Rem. Supp. 1949 s 7505-30.]

catchline: Compensation of board members and employees.


title: RCW 87.80.130

text:
(1) A board of joint control created under the provisions of this chapter shall have full authority within its area of jurisdiction to enter into and perform any and all necessary contracts; to accept grants and loans, including, but not limited to, those provided under chapter 43.83B [RCW] and RCW 43.83.340, to appoint and employ and discharge the necessary officers, agents, and employees; to sue and be sued as a board but without personal liability of the members thereof in any and all matters in which all the irrigation entities represented on the board as a whole have a common interest without making the irrigation entities parties to the suit; to represent the entities in all matters of common interest as a whole within the scope of this chapter; and to do any and all lawful acts required and expedient to carry out the purposes of this chapter. A board of joint control may, subject to the same limitations as an irrigation district operating under chapter 87.03 RCW, acquire any property or property rights for use within the board's area of jurisdiction by power of eminent domain; acquire, purchase, or lease in its own name all necessary real or personal property or property rights; and sell, lease, or exchange any surplus real or personal property or property rights. Any transfers of water, however, are limited to transfers authorized under subsection (2) of this section.
(2)(a) A board of joint control is authorized and encouraged to pursue conservation and system efficiency improvements to optimize the use of appropriated waters and to either redistribute the saved water within its area of jurisdiction, or transfer the water to others, or both. A redistribution of saved water as an operational practice internal to the board of joint control's area of jurisdiction, may be authorized if it can be made without detriment or injury to rights existing outside of the board of control's area of jurisdiction, including instream flow water rights established under state or federal law.
(b) Prior to undertaking a water conservation or system efficiency improvement project that will result in a redistribution of saved water, the board of joint control must consult with the department of ecology and, if the board's jurisdiction is within a United States reclamation project, the board must obtain the approval of the bureau of reclamation. The purpose of such consultation is to assure that the proposal will not impair the rights of other water holders or bureau of reclamation contract water users.
(c) A board of joint control does not have the power to authorize a change of any water right that would change the point or points of diversion, purpose of use, or place of use outside the board's area of jurisdiction, without the approval of the department of ecology pursuant to RCW 90.03.380 and, if the board's jurisdiction is within a United States reclamation project, the approval of the bureau of reclamation. Any change in place of use that results from a transfer of water between the individual entities of the board of joint control shall not result in any reduction in the total water supply available in a federal reclamation project. In making the determination of whether a change of place of use in an area covered by a federal reclamation project will result in a reduction in the total water supply available, the board of joint control shall consult with the bureau of reclamation.
(d) The board of joint control shall notify the department of ecology, and any Indian tribe requesting notice, of transfers of water between the individual entities of the board of joint control. This subsection (2)(d) applies only to a board of joint control created after January 1, 2003.
(3) A board of joint control is authorized to design, construct, and operate either drainage projects, or water quality enhancement projects, or both.
(4) Where the board of joint control area of jurisdiction is totally within a federal reclamation project, the board is authorized to accept operational responsibility for federal reserved works.
(5) Nothing contained in this chapter gives a board of joint control the authority to abridge the existing rights, responsibilities, and authorities of an individual irrigation entity or others within the area of jurisdiction; nor in a case where the board of joint control consists of representatives of two or more divisions of a federal reclamation project shall the board of joint control abridge any powers of an existing board of control created through federal contract; nor shall a board of joint control have any authority to abridge or modify a water right benefiting lands within its area of jurisdiction without consent of the party holding the ownership interest in the water right.
(6) A board of joint control created under this chapter may not use any authority granted to it by this chapter or by RCW 90.03.380 to authorize a transfer of or change in a water right or to authorize a redistribution of saved water before July 1, 1997.
[ 2015 1st sp.s. c 4 s 53; 2003 c 306 s 3; 1998 c 84 s 2; 1996 c 320 s 11; 1949 c 56 s 12; Rem. Supp. 1949 s 7505-31.]

catchline: Powers of board of joint control—Limitation.


title: RCW 87.80.135

text:
A board of joint control created under this chapter is limited to the membership, area of jurisdiction, and other terms and conditions contained in the resolution of the board of county commissioners filed under RCW 87.80.090. Amendments may be proposed at any time by the board of joint control to the board of county commissioners and acted upon through the petition process contained in RCW 87.80.030 through 87.80.090.
[ 1996 c 320 s 16.]

catchline: Board's limitations.


title: RCW 87.80.160

text:
Immediately after final adoption of the budget the secretary of the board shall mail or deliver a copy thereof showing the apportionment of the charge to each irrigation entity, to the secretary of each irrigation entity coming under the jurisdiction of the board of joint control and it shall be the duty of each irrigation entity to include in its levy for the ensuing year, the amount apportioned and charged to it in the budget.
[ 1996 c 320 s 13; 1949 c 56 s 15; Rem. Supp. 1949 s 7505-34.]

catchline: Entity's levy to include budget apportionment.


title: RCW 87.80.190

text:
There is created in the county treasurer's office of the county in which the board of joint control was created, a special fund to be designated Control Fund of the (naming the county) County Joint Control Board No. (specifying the number). The county treasurer shall distribute all collections for this fund to the control fund. The treasurer of any other county collecting assessments for this fund shall remit the assessments monthly to the county treasurer of the county in which the board of joint control was created. However, at the option of the board of joint control, a treasurer other than the county treasurer may be designated under RCW 87.03.440.
[ 1996 c 320 s 14; 1949 c 56 s 18; Rem. Supp. 1949 s 7505-37.]

catchline: Control fund created—Deposits and remittances.


title: RCW 87.80.200

text:
When the county treasurer serves as treasurer for the board of joint control, the board of joint control shall issue vouchers for its operations against the control fund and the county treasurer shall pay out moneys from the fund upon warrants drawn by the county auditor of said county.
[ 1996 c 320 s 15; 1949 c 56 s 19; Rem. Supp. 1949 s 7505-38.]

catchline: Payments from control fund.


title: RCW 87.80.220

text:
An irrigation entity under contract with an agency of the federal government for the construction or operation of its irrigation system may not participate in a board of joint control under this chapter if this action is in conflict with provisions of the subject contract. If a responsible official of the federal agency notifies the board of county commissioners in writing on or before the day of hearing provided under RCW 87.80.060 of a conflict in contract provisions and evidences the conflict, the board of county commissioners must deny the irrigation entity's proposed participation. If subsequent to formation of a board of joint control, a judicial decision determines a conflict in contract conditions, the irrigation entity must not participate in a project or activity inconsistent with the court determination.
[ 1996 c 320 s 17.]

catchline: Agencies under contract with federal government—Ability to participate in board.


title: RCW 87.80.230

text:
A board of joint control created among irrigation entities utilizing waters of the Yakima river and tributaries shall, when undertaking water conservation projects, fully coordinate those projects with federal and state programs adopted under the Yakima river basin water enhancement project, P.L. 103-434. The projects shall be developed and implemented, consistent with the board's development schedule, within the framework of the Yakima river basin water enhancement project policies and procedures provided by the state and federal governments, as funds are available to the board of joint control for the projects. However, should there be no reasonable prospect of funding for construction by the federal and state government within three years of the date of the publication of the Yakima river basin conservation plan under P.L. 103-434, the board of joint control may pursue the projects under alternative funding programs and conditions.
[ 1996 c 320 s 22.]

catchline: Board created among entities using Yakima river and tributaries—Coordination with federal and state programs.


title: RCW 87.80.900

text:
This chapter shall not affect the final decree of a general adjudication conducted under RCW 90.03.110 through 90.03.245.
[ 1996 c 320 s 23.]

catchline: Effect of chapter on general water rights adjudications.


title: RCW 87.80.901

text:
The provisions of chapter 306, Laws of 2003 shall not be construed or interpreted to authorize the impairment of any existing water rights.
[ 2003 c 306 s 4.]

catchline: Construction—2003 c 306.


title: RCW 87.84.005

text:
The growing population of the state of Washington, coupled with increasing amounts of available leisure time have greatly expanded the need for and use of the larger lakes in the state of Washington, both by Washington state residents and guests from other states and countries. In order to make the use of such larger lakes safer, and more beneficial to all concerned, the state of Washington to further the health, safety, recreation and welfare of its citizens has authorized the conversion of certain irrigation districts to irrigation and rehabilitation districts.
[ 1963 c 221 s 1.]
Notes:
Severability—1963 c 221: "If any section, sentence, clause, or part of this act is for any reason held to be unconstitutional, such decision shall not affect the remaining portions of this act. The legislature hereby declares that it would have passed this act and each section, sentence, clause and part thereof despite the fact that one or more sections, clauses or parts thereof be declared unconstitutional." [ 1963 c 221 s 11.]

catchline: Purpose—Districts authorized.


title: RCW 87.84.010

text:
Any irrigation district having the major portion of an inland navigable body of water within its exterior boundaries and which has filed with the department of ecology and been granted a water right certificate for fifty thousand acre feet of water or more shall be eligible to become an irrigation and rehabilitation district as provided in this chapter.
[ 1988 c 127 s 67; 1963 c 221 s 2; 1961 c 226 s 2.]
Notes:
Severability—1963 c 221: See note following RCW 87.84.005.

catchline: Eligibility.


title: RCW 87.84.020

text:
A petition to convert an existing irrigation district to an irrigation and rehabilitation district shall be signed by at least fifty holders of title or evidence of title to land within the district. The petition shall contain the following:
(1) The legal description of the property to be served.
(2) The signature and address of each petitioner, together with the legal description of the lands within the district owned by each.
(3) Any other matter deemed material.
The petition shall be accompanied by a bond, to be approved by the board, in double the amount of the probable cost of organizing the district, and conditioned that the bondsperson will pay all the costs if the organization is not effected.
[ 2007 c 218 s 80; 1961 c 226 s 3.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.

catchline: Petition to convert irrigation district to an irrigation and rehabilitation district, contents—Bond for costs.


title: RCW 87.84.030

text:
A notice of hearing and a hearing on the petition shall be held as provided by RCW 87.03.020.
[ 1961 c 226 s 4.]

catchline: Notice and hearing on petition.


title: RCW 87.84.040

text:
A notice of election and election shall be held to determine whether the electors desire to convert the existing irrigation district to an irrigation and rehabilitation district.
The notice of election and election shall be governed by the applicable provisions of chapter 87.03 RCW relating to the original formation of districts.
[ 1961 c 226 s 5.]

catchline: Notice and election.


title: RCW 87.84.050

text:
In addition to the purposes for which irrigation districts may be organized under RCW 87.03.010, an irrigation and rehabilitation district may also be organized or maintained to further the recreational potential of the area and to further the rehabilitation or improvement of inland lakes and shore lines and the modification or improvement of existing or planned control structures located in the district in order to further the health, recreation, and welfare of the residents in the area.
[ 1963 c 221 s 3; 1961 c 226 s 6.]
Notes:
Severability—1963 c 221: See note following RCW 87.84.005.

catchline: Purposes of organization.


title: RCW 87.84.060

text:
The directors of the irrigation and rehabilitation district shall be the same as of the irrigation district and the directors shall retain all power, rights and authority heretofore granted to them or hereafter granted to them as directors of an irrigation district under any provision of Title 87 RCW or any amendments thereto or any authority granted to directors of irrigation districts under any other law of the state of Washington. The irrigation and rehabilitation district shall also retain all power, rights and authority heretofore or hereafter granted to irrigation districts under Title 87 RCW or any other law or laws of the state of Washington, and use said power and authority including local improvement district provisions to further irrigation and rehabilitation district purposes and in addition shall have authority to rehabilitate or improve all or a portion of any inland body of water including adjacent shore lines located in the district and shall have the further power of modifying or improving any existing or planned water control structure located in the district in order to further the health, recreation, and welfare of the residents in the district.
All rights held by the irrigation district to water located wholly or partially in the district including but not limited to rights granted by the department of ecology shall upon formation of the irrigation and rehabilitation district immediately vest in the irrigation and rehabilitation district and in addition all water in the newly formed district as to which the prior district had any rights shall be held by the new district for all the beneficial uses and purposes for which the irrigation and rehabilitation district is formed.
[ 1988 c 127 s 68; 1963 c 221 s 4; 1961 c 226 s 7.]
Notes:
Severability—1963 c 221: See note following RCW 87.84.005.

catchline: Directors—Powers, rights and authority of directors and district.


title: RCW 87.84.061

text:
The water in any natural or impounded lake, wholly or partially within the boundaries of an irrigation and rehabilitation district, together with all use of said water and the bottom and shore lines to the line established by the highest level where water has been or shall be stored in said lake, shall be regulated, controlled and used by the irrigation and rehabilitation district in order to further the health, safety, recreation and welfare of the residents in the district and the citizens and guests of the state of Washington, subject to rights of the United States bureau of reclamation and any irrigation districts organized under the laws of the state of Washington.
In addition to the powers expressly or impliedly enumerated above, the directors of an irrigation and rehabilitation district shall have the power and authority to:
(1) Control and regulate the use of boats, skiers, skin divers, aircraft, ice skating, ice boats, swimmers or any other use of said lake, by means of appropriate rules and regulations not inconsistent with state fish, game or aeronautics laws.
(2) Expend district funds for the control of mosquitoes or other harmful insects which may affect the use of any lake located in the district: PROVIDED, That the state department of social and health services gives its approval in writing to any district program instituted under the authority of this item. District funds may be expended for mosquito and insect control or other district projects or activities even though it may be necessary to place chemicals or carry on activities on areas located outside of an irrigation and rehabilitation district's boundaries. These funds may be transferred to the jurisdictional health department for the purpose of carrying out the provisions of this item.
(3) Except for state highways, control, regulate or prohibit by means of rules and regulations, the building, construction, placing or allowing to be placed from adjoining land, sand, gravel, dirt, rock, tires, lumber, logs, bottles, cans, garbage and trash, or any loathsome, noxious substances or materials of any kind, and any piling, causeways, fill, roads, culverts, wharfs, bulkheads, buildings, structures, floats, or markers, in, on or above the line established by the highest level where water has been or shall be stored in said lake, located in the district, in order to further the interests of the citizens of the state of Washington, and residents of the district.
(4) Except for state highways, control, regulate and require the placing, maintenance and use of culverts and boat accesses under and through existing fills constructed over and/or across any lake located within the district to facilitate water circulation, navigation and the reduction of flood danger.
(5) Control the taking of carp or other rough fish located in the district and including the right to grant or sell an exclusive or concurrent franchise for the taking of carp or other rough fish, providing the department of fish and wildlife give their approval in writing to any district project regarding the capture, or sale of fish.
(6) Control and regulate by means of rules and regulations the direct or indirect introduction into any lake within the district of any human, animal or industrial waste products, sewage, effluent or by-products, treated or untreated: PROVIDED, That the state department of ecology gives its approval in writing to any district program instituted under this section, and nothing herein shall be deemed to amend, repeal, supersede, or otherwise modify any laws or regulations relating to public health or to the department of ecology.
(7) Except for state highways, construct, maintain, place, and/or restore roads, buildings, docks, dams, canals, locks, mechanical lifts or any other type of transportation facility; dredge, purchase land, or lease land, or enter into agreements with other agencies or conduct any other activity within or without the district boundaries in order to carry out district projects or activities to further the recreational potential of the area.
[ 1994 c 264 s 79; 1988 c 127 s 69; 1979 c 141 s 383; 1963 c 221 s 5.]
Notes:
Severability—1963 c 221: See note following RCW 87.84.005.

catchline: Directors—Additional powers.


title: RCW 87.84.070

text:
(1)(a) The directors of the district shall annually determine the amount of money necessary to carry on the rehabilitation operations of the district and shall classify the property therein in proportion to the benefits to be derived from the rehabilitation operations of the district and in accordance with such classification shall apportion and assess the several lots, blocks, tracts, and parcels of land or other property within the district, which assessment shall be collected with the general taxes of the county or counties. The district budget for rehabilitation purposes shall not exceed an amount equal to $1 per $1,000 of the assessed aggregate valuation of all property within the district unless authorized to exceed that amount by the electors of the district by a majority of those voting on the proposition at such time as may be fixed by the board of directors of the district at which election the proposition authorizing the district to exceed that limit shall be submitted in such form as to enable the voters favoring the proposition to vote "Yes" and those opposing to vote "No."
(b) A district may use the assessed valuation of property as a component in determining the district assessment of any class of lots, but when property has been designated as forestland, farm and agricultural land, or open space land under chapter 84.33 or 84.34 RCW, the district must use the assessed value applicable to forestland, farm and agricultural land, or open space land.
(c) If a district uses a fractional amount of assessed value as a component in determining the district assessment, then a fractional amount of the value applicable to forestland, farm and agricultural land, or open space land under chapter 84.33 or 84.34 RCW, if designated in the county tax records for the particular property, shall be used.
(2) The district shall provide notice of the proposed assessments and hold an equalization hearing as provided for in chapter 87.03 RCW. The provisions of chapters 84.56 and 84.64 RCW and RCW 36.29.180 governing liens, collection, payment of assessments, delinquent assessments, interest and penalties, lien foreclosure, and foreclosed property shall govern such matters as applied.
[ 2023 c 371 s 2; 2013 c 23 s 531; 1973 1st ex.s. c 195 s 132; 1961 c 226 s 8.]
Notes:
Findings—2023 c 371: "The legislature finds that the Moses Lake irrigation and rehabilitation district is the only district of its kind in Washington state. The district was recently involved in litigation regarding the way the district collected assessments. The district was assessing a total amount of $1.00 per $1,000.00 of assessed value within the district, including $0.25 per $1,000.00 of assessed value pursuant to statutory provisions for irrigation and rehabilitation districts and an additional $0.75 per $1,000.00 of assessed value pursuant to statutory provisions for irrigation districts. The court found that the method of collection under the statutory provisions for irrigation districts was an invalid tax. Therefore, the legislature finds that it is necessary to align assessment authority with other local special improvement districts in order to provide local funding, limited to $1.00 per $1,000.00 of assessed value within the district, for improvements to local water quality." [ 2023 c 371 s 1.]
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.

catchline: District rehabilitation—Assessments—Election—Notice and hearing.


title: RCW 87.84.071

text:
The special assessments provided for in RCW 87.84.070 shall be subject to and inferior to existing local improvement district assessments of any city or town which is included within the boundaries of an irrigation and rehabilitation district. The collection of local improvement district assessments of a city or town, and the right to foreclose the same when delinquent, shall not be impaired in any manner whatsoever by subsequent special assessments of an irrigation and rehabilitation district. In the event that the county treasurer forecloses on land located within the corporate limits of a city or town for nonpayment of irrigation and rehabilitation district assessments, the certificates of sale and the deeds issued pursuant to the foreclosure proceedings shall contain a recital that the certificate of sale and/or deed is subject to outstanding local improvement district assessments of the city or town.
[ 1965 ex.s. c 6 s 5.]
Notes:

catchline: Special assessments inferior to existing city or town L.I.D. assessments.


title: RCW 87.84.080

text:
The directors of an irrigation and rehabilitation district shall have the authority to pass rules and regulations to accomplish district purposes. The rules and regulations shall (except in case of emergency) be published at least once in a newspaper of general circulation in the district and a public hearing shall be held prior to adoption by the directors, at a regular public meeting.
[ 1963 c 221 s 6.]
Notes:
Severability—1963 c 221: See note following RCW 87.84.005.


title: RCW 87.84.090

text:
The directors may enact rules and regulations, the violation of which shall be punishable as a misdemeanor, and the district judges in said district shall have exclusive jurisdiction over such offenses. Penalty for violation shall not exceed a five hundred dollar fine or six months in jail: PROVIDED, That where a violation is designated a misdemeanor, the directors shall submit such rules and regulations to the county commissioners of the county or counties in which the district is located who shall review same and approve or disapprove thereof. Rules or regulations disapproved by county commissioners within thirty days of submission shall be of no force or effect.
[ 1987 c 202 s 246; 1963 c 221 s 7.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.
Severability—1963 c 221: See note following RCW 87.84.005.

catchline: Rules and regulations—Violation as misdemeanor—Jurisdiction—Penalty—Review.


title: RCW 87.84.100

text:
The sheriff's department of any county in which an irrigation and rehabilitation district is located shall enforce the rules and regulations of the district.
[ 1963 c 221 s 8.]
Notes:
Severability—1963 c 221: See note following RCW 87.84.005.

catchline: Rules and regulations—Sheriff to enforce.


title: RCW 87.84.110

text:
An irrigation and rehabilitation district shall possess all the usual powers of a municipal corporation and shall have the authority to sue and enforce its rules and regulations.
[ 1963 c 221 s 9.]
Notes:
Severability—1963 c 221: See note following RCW 87.84.005.

catchline: Corporate powers and authority.


title: RCW 87.84.120

text:
The provisions of this chapter shall not be construed so as to restrict the governing body of any city, town or county located on or adjacent to an inland body of water controlled by an irrigation and rehabilitation district from conducting or carrying out governmental or proprietary functions of said city, town or county: PROVIDED, That nothing herein shall be deemed to amend, repeal, supersede or otherwise modify any provisions of Title 79 RCW.
[ 1963 c 221 s 10.]
Notes:
Severability—1963 c 221: See note following RCW 87.84.005.

catchline: City, town, county, powers not restricted—Title 79 RCW not modified.


title: RCW 88.01.010

text:
The Boating Offense Compact is enacted into law and entered into on behalf of this state with all other states legally joining therein in a form substantially as follows:
ARTICLE I
Findings and Declaration of Policy
(1) The party states find that:
(a) The safety of their waters is materially affected by the degree of compliance with state laws and local ordinances relating to the operation of boats;
(b) Violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property;
(2) It is the policy of each of the party states to promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of boats by their operators in each of the jurisdictions where such operators operate boats.
ARTICLE II
Definition
As used in this compact, "state" means a state that has entered into this compact.
ARTICLE III
Concurrent Jurisdiction
(1) If conduct is prohibited by two adjoining party states, courts and law enforcement officers in either state who have jurisdiction over boating offenses committed where waters form a common interstate boundary have concurrent jurisdiction to arrest, prosecute, and try offenders for the prohibited conduct committed anywhere on the boundary water between the two states.
(2) This compact does not authorize:
(a) Prosecution of any person for conduct that is unlawful in the state where it was committed, but lawful in the other party state;
(b) A prohibited conduct by the party state.
ARTICLE IV
Entry Into Force and Withdrawal
(1) This compact shall enter into force and become effective as to any state when it has enacted the same into law.
(2) Any party state may withdraw from this compact by enacting a statute repealing the same.
ARTICLE V
Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
[ 1992 c 33 s 1.]

catchline: Compact provisions.


title: RCW 88.02.310

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Dealer" means a person, partnership, association, or corporation engaged in the business of selling vessels at wholesale or retail in this state.
(2) "Department" means the department of licensing.
(3) "Director" means the director of the department of licensing.
(4) "Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest, and means registered owner where the reference to owner may be construed as either to registered or legal owner.
(5) "Person" has the same meaning as in RCW 46.04.405.
(6) "Vessel" means every watercraft used or capable of being used as a means of transportation on the water, other than a seaplane.
(7) "Waters of this state" means any waters within the territorial limits of this state as described in 43 U.S.C. Sec. 1312.
[ 2010 c 161 s 1001; 1983 c 7 s 14. Formerly RCW 88.02.010.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.

catchline: Definitions.


title: RCW 88.02.320

text:
The department:
(1) Shall provide for the issuance of vessel certificates of title and registration certificates;
(2) May appoint county auditors or other agents or subagents under chapter 46.01 RCW for collecting fees and issuing vessel registration certificates, numbers, and decals; and
(3) May adopt rules under chapter 34.05 RCW to implement this chapter.
[ 2010 c 161 s 1002.]
Notes:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.

catchline: Department—Powers and duties.


title: RCW 88.02.330

text:
(1) The department may issue confidential vessel registrations to units of local government and to agencies of the federal government for law enforcement purposes only.
(2) The department shall limit confidential vessel registrations owned or operated by the state of Washington or by any officer or employee of the state, to confidential, investigative, or undercover work of state law enforcement agencies.
(3) The director may adopt rules governing applications for and the use of confidential vessel registrations.
[ 2010 c 161 s 1003; 1991 c 339 s 32. Formerly RCW 88.02.035.]
Notes:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.


title: RCW 88.02.340

text:
(1) Any person charged with the enforcement of this chapter may inspect the registration certificate of a vessel to ascertain the legal and registered ownership of the vessel. A vessel owner or operator who fails to provide the registration certificate for inspection upon the request of any person charged with enforcement of this chapter may be found to be in violation of this chapter.
(2) The department may require the inspection of vessels that are brought into this state from another state and for which a certificate of title has not been issued and for any other vessel if the department determines that inspection of the vessel will help to verify the accuracy of the information set forth on the application.
[ 2013 c 291 s 30; 2010 c 161 s 1004.]
Notes:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.

catchline: Inspection of registration certificates, out-of-state vessels.


title: RCW 88.02.350

text:
(1) A person who has paid all or part of a vessel registration fee under this chapter is entitled to a refund if the amount was paid in error or if the vessel:
(a) Was destroyed before the new registration period began;
(b) Was permanently removed from Washington state before the new registration period began;
(c) Registration was purchased after the owner sold the vessel;
(d) Was registered in another jurisdiction after the Washington state registration had been purchased. Any full months of Washington state registration fees remaining after the application for out-of-state registration was made are refundable; or
(e) Registration was purchased before the vessel was sold and before the new registration period began. The person who paid the fee must return the unused, never-affixed decals to the department before the new registration period begins.
(2) The department shall refund overpayments of registration fees and watercraft excise tax under chapter 82.49 RCW that are ten dollars or more. A request for a refund is not required.
(3) The department shall certify refunds to the state treasurer as correct and being claimed in the time required by law. The state treasurer shall mail or deliver the amount of each refund to the person who is entitled to the refund.
(4) The department shall not authorize refunds of fees paid in error unless the claim is filed with the director within three years after the fees were paid.
(5) If, due to error, the department, county auditor or other agent, or subagent appointed by the director has failed to collect the full amount of the registration fee and watercraft excise tax due, and the underpayment is in the amount of ten dollars or more, the department shall charge and collect the additional amount to constitute full payment of the tax and fee.
(6) Any person who makes a false statement under which he or she obtains a refund to which he or she is not entitled under this section is guilty of a gross misdemeanor.
[ 2010 c 161 s 1005; 2003 c 53 s 413; 1997 c 22 s 2; 1996 c 31 s 2; 1989 c 68 s 5. Formerly RCW 88.02.055.]
Notes:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Refunds, overpayments, and underpayments—Penalty for false statement.


title: RCW 88.02.360

text:
(1) A local health officer may notify the department that a vessel has been:
(a) Declared unfit and prohibited from use as authorized in chapter 64.44 RCW if the vessel has become contaminated as defined in RCW 64.44.010;
(b) Satisfactorily decontaminated and the vessel has been retested according to the written work plan approved by the local health officer.
(2) The department shall brand vessel records and certificates of title when it receives the notification from a local health officer as provided in subsection (1) of this section.
(3) A person is guilty of a gross misdemeanor if he or she advertises for sale or sells a vessel that has been declared unfit and prohibited from use by a local health officer if:
(a) The person has knowledge that the local health officer has issued an order declaring the vessel unfit and prohibiting its use; or
(b) A notification has been placed on the certificate of title under subsection (2) of this section that the vessel has been declared unfit and prohibited from use.
(4) A person may advertise or sell a vessel if a release for reuse document has been issued by a local health officer under chapter 64.44 RCW or a notification has been placed on the certificate of title under subsection (2) of this section that the vessel has been decontaminated and released for reuse.
[ 2010 c 161 s 1016.]
Notes:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.

catchline: Contaminated vessels.


title: RCW 88.02.370

text:
(1) A vessel owner shall notify the department in writing within five business days after a vessel is or has been:
(a) Sold;
(b) Given as a gift to another person;
(c) Traded, either privately or to a vessel dealer;
(d) Donated to charity;
(e) Turned over to an insurance company or wrecking yard; or
(f) Disposed of.
(2) A report of sale is properly filed if it is received by the department within five business days after the date of sale or transfer and it includes:
(a) The date of sale or transfer;
(b) The owner's name and address;
(c) The name and address of the person acquiring the vessel;
(d) The vessel hull identification number and vessel registration number; and
(e) A date stamp by the department showing it was received on or before the fifth business day after the date of sale or transfer.
(3) The department shall:
(a) Provide or approve reports of sale forms;
(b) Provide a system enabling a vessel owner to submit reports of sale electronically;
(c) Immediately update the department's vessel record when a report of sale has been filed;
(d) Provide instructions on release of interest forms that allow the seller of a vessel to release their interest in a vessel at the same time a financial institution, as defined in RCW 30A.22.040, releases its lien on the vessel; and
(e) Send a report to the department of revenue that lists vessels for which a report of sale has been received but no transfer of ownership has taken place. The department shall send the report once each quarter.
[ 2015 c 148 s 1; 2010 c 161 s 1014.]
Notes:
Effective date—2015 c 148: "This act takes effect January 1, 2017." [ 2015 c 148 s 2.]
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.

catchline: Five business-day notice—Vessel disposition or filing of report of sale.


title: RCW 88.02.375

text:
A vessel owner shall notify the department within ten days of any of the following:
(1) A change of name or address of the owner, as provided in RCW 46.08.195;
(2) Destruction, loss, abandonment, theft, or recovery of the vessel; or
(3) Loss or destruction of a valid registration certificate issued for the vessel.
[ 2017 c 147 s 11; 2010 c 161 s 1013.]
Notes:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.

catchline: Ten-day notice—Owner name or address change or destruction, loss, etc. of vessel or registration certificate.


title: RCW 88.02.380

text:
(1) Except as otherwise provided in this chapter, and, in part, in order to prevent the future potential dereliction or abandonment of a vessel, a violation of this chapter and the rules adopted by the department is a class 2 civil infraction.
(2) A civil infraction issued under this chapter must be processed under chapter 7.80 RCW.
(3) After the subtraction of court costs and administrative collection fees, moneys collected under this section must be credited to the ticketing jurisdiction and used only for the support of the enforcement agency, department, division, or program that issued the violation.
(4) All law enforcement officers may enforce this chapter and the rules adopted by the department within their respective jurisdictions. A city, town, or county may contract with a fire protection district for enforcement of this chapter, and fire protection districts may engage in enforcement activities.
(5) In order to prevent the future potential dereliction or abandonment of a vessel, derelict vessel removal program staff of the department of natural resources have authority to issue tickets by mail for the purpose of enforcing vessel registration requirements.
[ 2020 c 324 s 5; 2013 c 291 s 29; 2010 c 161 s 1006; 2006 c 29 s 3; 1993 c 244 s 4; 1987 c 149 s 13; 1984 c 183 s 2; 1983 2nd ex.s. c 3 s 50; 1983 c 7 s 22. Formerly RCW 88.02.110.]
Notes:
Findings—2020 c 324: See note following RCW 79.100.160.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Intent—1993 c 244: See note following RCW 79A.60.010.
Effective date—1987 c 149: See note following RCW 88.02.710.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3: See notes following RCW 82.04.255.

catchline: Penalties—Disposition of moneys collected—Enforcement authority.


title: RCW 88.02.390

text:
(1) The department shall:
(a) Develop and approve a carbon monoxide warning sticker;
(b) Approve a carbon monoxide warning sticker that has been approved by the United States coast guard for similar uses in other states;
(c) Provide the carbon monoxide warning sticker when an application for a certificate of title is made and the ownership of the vessel is transferred between natural persons; and
(d) Notify the new vessel owner described in (c) of this subsection that the carbon monoxide sticker must be affixed to the vessel as described in subsection (2) of this section.
(2) A new or used motor-driven vessel, as defined in RCW 79A.60.010, other than a personal watercraft, as defined in RCW 79A.60.010, sold within this state must display a carbon monoxide warning sticker as provided in subsection (1) of this section.
(3) A vessel dealer shall ensure that a carbon monoxide warning sticker has been affixed to any vessel sold by the dealer before completing the sale.
(4) A carbon monoxide warning sticker already developed by a vessel manufacturer satisfies the requirements of this section if it has been approved by the department.
[ 2010 c 161 s 1024; 2006 c 140 s 2. Formerly RCW 88.02.250.]
Notes:
Reviser's note: RCW 88.02.250 was directed to be recodified under the subchapter heading "registration certificates" in chapter 88.02 RCW pursuant to 2010 c 161 s 1233, but recodification under the subchapter heading "general provisions" in chapter 88.02 RCW appears to be more appropriate.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—2006 c 140 ss 2 and 3: "Sections 2 and 3 of this act take effect January 1, 2007." [ 2006 c 140 s 6.]
Short title—2006 c 140: See note following RCW 79A.60.660.

catchline: Carbon monoxide warning sticker—Display required.


title: RCW 88.02.400

text:
(1) It is a gross misdemeanor punishable as provided under chapter 9A.20 RCW for any person owning a vessel subject to taxation under chapter 82.49 RCW to:
(a) Register a vessel in another state to avoid Washington state vessel excise tax required under chapter 82.49 RCW; or
(b) Obtain a vessel dealer's license for the purpose of evading excise tax on vessels under chapter 82.49 RCW.
(2) For a second or subsequent offense, the person convicted is also subject to a fine equal to four times the amount of avoided taxes and fees, which may not be suspended, except as provided in RCW 10.05.180.
(3) Excise taxes owed and fines assessed must be deposited in the manner provided under RCW 46.16A.030(6).
[ 2019 c 459 s 5; 2019 c 423 s 205; 2010 c 161 s 1007; 2003 c 53 s 414; 2000 c 229 s 6; 1999 c 277 s 10; 1996 c 184 s 4; 1993 c 238 s 4; 1987 c 149 s 7. Formerly RCW 88.02.118.]
Notes:
Reviser's note: This section was amended by 2019 c 423 s 205 and by 2019 c 459 s 5, 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).
Finding—Intent—2019 c 459: See note following RCW 10.05.180.
Finding—Intent—Effective date—2019 c 423: See notes following RCW 82.08.0273.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—2000 c 229: See note following RCW 46.16A.030.
Effective date—1996 c 184: See note following RCW 46.16A.030.
Effective date—1987 c 149: See note following RCW 88.02.710.

catchline: Evasive registration and excise tax evasion—Penalty.


title: RCW 88.02.410

text:
A suit or action may not be commenced or prosecuted against the department or the state of Washington by reason of any act done or omitted to be done in the administration of the duties and responsibilities imposed upon the department under this chapter.
[ 2010 c 161 s 1008; 1985 c 258 s 11. Formerly RCW 88.02.200.]
Notes:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1985 c 258: See note following RCW 88.02.520.

catchline: Department and state immune from suit for administration of chapter.


title: RCW 88.02.420

text:
(1) A moorage provider that provides long-term moorage must obtain the following information and documentation from persons entering into long-term moorage agreements with the moorage provider:
(a) The name of the legal owner of the vessel;
(b) A local contact person and that person's address and telephone number, if different than the owner;
(c) The owner's address and telephone number;
(d) The vessel's hull identification number;
(e) If applicable, the vessel's coast guard registration;
(f) The vessel's home port;
(g) The date on which the moorage began;
(h) The vessel's country or state of registration and registration number; and
(i) Proof of vessel registration, a written statement of the lessee's intent to register a vessel, or an affidavit in a form and manner approved by the department certifying that the vessel is exempt from state vessel registration requirements as provided by RCW 88.02.570.
(2) For moorage agreements entered into effective on or after July 1, 2014, a long-term moorage agreement for vessels not registered in this state must include, in a form and manner approved by the department and the department of revenue, notice of state vessel registration requirements as provided by this chapter and tax requirements as provided by chapters 82.08, 82.12, and 82.49 RCW and listing requirements as provided by RCW 84.40.065.
(3) A moorage provider must maintain records of the information and documents required under this section for at least two years. Upon request, a moorage provider must:
(a) Permit any authorized agent of a requesting agency to:
(i) Inspect the moorage facility for vessels that are not registered as required by this chapter or listed as required under RCW 84.40.065; and
(ii) Inspect and copy records identified in subsection (1) of this section for vessels that the requesting agency determines are not properly registered or listed as required by law; or
(b) Provide to the requesting agency:
(i) Information as provided in subsection (1)(a), (c), (d), and (e) of this section; and
(ii) Information as provided in subsection (1)(b), (f), (g), (h), and (i) of this section for those vessels that the requesting agency subsequently determines are not registered as required by this chapter or listed as required under RCW 84.40.065.
(4) Requesting agencies must coordinate their requests to ensure that a moorage provider does not receive more than two requests per calendar year. For the purpose of enforcing vessel registration and vessel listing requirements, requesting agencies may share the results of information requests with each other.
(5) The information required to be collected under this section must be collected at the time the long-term moorage agreement is entered into and at the time of any renewals of the agreement. The moorage provider is not responsible for updating any changes in the information that occurs after the initial agreement is entered into or in the time period between agreement renewals.
(6) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Long-term moorage" means moorage provided for more than thirty consecutive days, unless the moorage is for a vessel that has been taken into custody under RCW 79.100.040.
(b) "Moorage facility" means any properties or facilities located in this state that are used for the moorage of vessels and are owned or operated by a moorage provider.
(c) "Moorage facility operator" has the same meaning as defined in RCW 53.08.310.
(d) "Moorage provider" means any public or private entity that owns or operates any moorage facility, including a moorage facility operator, private moorage facility operator, the state of Washington, or any other person.
(e) "Private moorage facility operator" has the same meaning as defined in RCW 88.26.010.
(f) "Requesting agency" means the department, the department of revenue, or the department of natural resources.
[ 2014 c 195 s 501.]
Notes:
Findings—Intent—2014 c 195: See notes following RCW 79.100.170 and 79.100.180.

catchline: Moorage providers—Long-term moorage—Required information.


title: RCW 88.02.430

text:
The disclosure of vessel owner records by the department of licensing is governed under RCW 46.12.630, 46.12.635, and 46.12.640.
[ 2016 c 80 s 4.]

catchline: Disclosure of vessel owner records.


title: RCW 88.02.500

text:
It is the intention of the legislature:
(1) To establish a system of certificates of title for vessels similar to that in existence for motor vehicles under chapter 46.12 RCW;
(2) That certificates of title become sufficient evidence of ownership of the vessel it describes so that persons may rely upon that certificate; and
(3) That security interest in vessels be perfected solely by notation of a secured party upon the certificate of title.
[ 2010 c 161 s 1009; 1985 c 258 s 1. Formerly RCW 88.02.120.]
Notes:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1985 c 258: See note following RCW 88.02.520.

catchline: Certificate of title system—Intent.


title: RCW 88.02.510

text:
(1) An application for a certificate of title must be made at the same time when a vessel is registered for the first time as required under this chapter.
(2) A person who purchases or otherwise obtains majority ownership of any vessel subject to this chapter shall, within fifteen days of purchase or obtainment, apply for a new certificate of title that shows the vessel's change of ownership.
(3) This section does not apply to a vessel that has a valid marine document as a vessel of the United States.
[ 2010 c 161 s 1011.]
Notes:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.

catchline: Application—When, by whom.


title: RCW 88.02.515

text:
(1) The application for a certificate of title of a vessel must be made by the owner or the owner's representative to the department, county auditor or other agent, or subagent appointed by the director on a form furnished or approved by the department and must contain:
(a) A description of the vessel, including make, model, hull identification number, and type of body;
(b) The name and address of the person who is to be the registered owner of the vessel and, if the vessel is subject to a security interest, the name and address of the secured party; and
(c) Other information the department may require.
(2) The application for a certificate of title must be signed by the person applying to be the registered owner and be sworn to by that person under penalty of the perjury laws of this state that:
(a) The applicant is the owner or an authorized agent of the owner of the vessel; and
(b) The vessel is free of any claim of lien, mortgage, conditional sale, or other security interest of any person except the person or persons on the application as secured parties.
(3) The application for a certificate of title must be accompanied by:
(a) A draft, money order, certified bank check, or cash for all fees and taxes due for the application for the certificate of title; and
(b) The most recent certificate of title or other satisfactory evidence of ownership.
[ 2010 c 161 s 1012; 1985 c 258 s 6. Formerly RCW 88.02.180.]
Notes:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1985 c 258: See note following RCW 88.02.520.

catchline: Application—Form and contents.


title: RCW 88.02.520

text:
(1) Security interests in vessels subject to the requirements of this chapter must be perfected only by indication upon the vessel's certificate of title. The provisions of chapters 46.12 and * 46.16 RCW relating to vehicle registration certificates, certificates of title, certificate issuance, ownership transfer, and perfection of security interests, and other provisions that may be applied to vessels subject to this chapter, may be so applied by rule of the department if they are not inconsistent with this chapter.
(2) Security interests may be released or acted upon as provided by the law under which they arose or were perfected. A new security interest or renewal or extension of an existing security interest is not affected except as provided under the terms of this chapter and **RCW 46.12.095.
[ 2010 c 161 s 1010; 1996 c 315 s 5; 1991 c 339 s 31; 1985 c 258 s 4; 1983 2nd ex.s. c 3 s 46. Formerly RCW 88.02.070.]
Notes:
Reviser's note: *(1) Although directed to be recodified within chapter 46.16 RCW pursuant to chapter 161, Laws of 2010, a majority of chapter 46.16 RCW was recodified under chapter 46.16A RCW pursuant to RCW 1.08.015 (2)(k) and (3).
**(2) RCW 46.12.095 was repealed by 2010 c 161 s 325, effective July 1, 2011. For later enactment, see RCW 46.12.675 (1) through (3).
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective dates—1996 c 315 ss 1, 4, 5: See note following RCW 46.01.140.
Effective date—1985 c 258: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 30, 1985." [ 1985 c 258 s 13.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3: See notes following RCW 82.04.255.

catchline: Security interests.


title: RCW 88.02.530

text:
(1) A legal owner or the legal owner's authorized representative shall promptly apply for a duplicate certificate of title if a certificate of title is lost, stolen, mutilated, or destroyed, or becomes illegible. The application for a duplicate certificate of title must:
(a) Include information required by the department;
(b) Be accompanied by an affidavit of loss or destruction;
(c) Be accompanied by the fee required in *RCW 88.02.640(1)(k).
(2) The duplicate certificate of title must contain the word "duplicate." It must be mailed to the first priority secured party named in it or, if none, to the registered owner.
(3) A person recovering a certificate of title for which a duplicate has been issued shall promptly return the certificate of title that has been recovered to the department.
[ 2011 c 171 s 127; 2010 c 161 s 1015; 1997 c 241 s 12; 1986 c 71 s 1. Formerly RCW 88.02.075.]
Notes:
*Reviser's note: The reference to RCW 88.02.640(1)(k) appears to be erroneous. RCW 88.02.640(1)(d) is the appropriate reference.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.

catchline: Duplicate certificates of title.


title: RCW 88.02.540

text:
(1) The application for a quick title of a vessel must be made by the owner or the owner's representative to the department, participating county auditor or other agent, or subagent appointed by the director on a form furnished or approved by the department and must contain:
(a) A description of the vessel, including make, model, hull identification number, series, and body;
(b) The name and address of the person who is to be the registered owner of the vessel and, if the vessel is subject to a security interest, the name and address of the secured party; and
(c) Other information as may be required by the department.
(2) The application for a quick title must be signed by the person applying to be the registered owner and be sworn to by that person in the manner described under chapter 5.50 RCW. The department must keep a copy of the application.
(3) The application for a quick title must be accompanied by:
(a) All fees and taxes due for an application for a certificate of title, including a quick title service fee under RCW 88.02.640(1); and
(b) The most recent certificate of title or other satisfactory evidence of ownership.
(4) All applications for quick title must meet the requirements established by the department.
(5) For the purposes of this section, "quick title" means a certificate of title printed at the time of application.
(6) A subagent may process a quick title under this section only after (a) the department has instituted a process in which blank certificates of title can be inventoried; (b) the county auditor of the county in which the subagent is located has processed quick titles for a minimum of six months; and (c) the county auditor approves a request from a subagent in its county to process quick titles.
[ 2019 c 232 s 27; 2011 c 326 s 4.]
Notes:
Application—Effective date—2011 c 326: See notes following RCW 46.12.555.


title: RCW 88.02.550

text:
(1) Except as provided in this chapter, a person may not own or operate any vessel, including a rented vessel, on the waters of this state unless the vessel has been registered and displays a registration number and a valid decal in accordance with this chapter. A vessel that has or is required to have a valid marine document as a vessel of the United States is only required to display a valid decal.
(2) A vessel numbered in this state under the federal boat safety act of 1971 (85 Stat. 213, 46 U.S.C. 4301 et seq.) is not required to be registered under this chapter until the certificate of number issued for the vessel under the federal boat safety act expires. When registering under this chapter, this type of vessel is subject to the amount of excise tax due under chapter 82.49 RCW that would have been due under chapter 82.49 RCW if the vessel had been registered at the time otherwise required under this chapter.
[ 2013 c 291 s 31; 2010 c 161 s 1017; 2006 c 29 s 1; 1985 c 267 s 1; 1983 2nd ex.s. c 3 s 47; 1983 c 7 s 15. Formerly RCW 88.02.020.]
Notes:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3: See notes following RCW 82.04.255.

catchline: Registration and display of registration number and decal required—Exemptions.


title: RCW 88.02.560

text:
(1) An application for a vessel registration must be made by the owner or the owner's authorized representative to the department, county auditor or other agent, or subagent appointed by the director on a form furnished or approved by the department. The application must contain:
(a) The name and address of each owner of the vessel;
(b) Other information the department may require; and
(c) The signature of at least one owner.
(2) The application for vessel registration must be accompanied by the:
(a) Vessel registration fee required under RCW 88.02.640(1)(k);
(b) Derelict vessel and invasive species removal fee under RCW 88.02.640(1)(b) and derelict vessel removal surcharge required under RCW 88.02.640(1)(c);
(c) Filing fee required under RCW 88.02.640(1)(f);
(d) License plate technology fee required under RCW 88.02.640(1)(g);
(e) License service fee required under RCW 88.02.640(1)(h);
(f) Watercraft excise tax required under chapter 82.49 RCW; and
(g) Beginning January 1, 2016, service fee required under RCW 46.17.040.
(3) Upon receipt of an application for vessel registration and the required fees and taxes, the department shall assign a registration number and issue a decal for each vessel. The registration number and decal must be issued and affixed to the vessel in a manner prescribed by the department consistent with the standard numbering system for vessels required in 33 C.F.R. Part 174. A valid decal affixed as prescribed must indicate compliance with the annual registration requirements of this chapter.
(4) Vessel registrations and decals are valid for a period of one year, except that the director may extend or diminish vessel registration periods and vessel decals for the purpose of staggered renewal periods. For registration periods of more or less than one year, the department may collect prorated annual registration fees and excise taxes based upon the number of months in the registration period.
(5) Vessel registrations are renewable every year in a manner prescribed by the department upon payment of the fees and taxes described in subsection (2) of this section. Upon renewing a vessel registration, the department shall issue a new decal to be affixed as prescribed by the department.
(6) When the department issues either a notice to renew a vessel registration or a decal for a new or renewed vessel registration, it shall also provide information on the location of marine oil recycling tanks and sewage holding tank pumping stations. This information must be provided to the department by the state parks and recreation commission in a form ready for distribution. The form must be developed and prepared by the state parks and recreation commission with the cooperation of the department of ecology. The department, the state parks and recreation commission, and the department of ecology shall enter into a memorandum of agreement to implement this process.
(7) A person acquiring a vessel from a dealer or a vessel already validly registered under this chapter shall, within fifteen days of the acquisition or purchase of the vessel, apply to the department, county auditor or other agent, or subagent appointed by the director for transfer of the vessel registration, and the application must be accompanied by a transfer fee as required in RCW 88.02.640(1)(o).
[ 2015 3rd sp.s. c 44 s 215; 2011 c 171 s 129; (2011 c 171 s 128 expired June 30, 2012); 2010 c 161 s 1020; (2010 c 161 s 1019 expired June 30, 2012); 2007 c 342 s 6; (2007 c 342 s 5 expired June 30, 2012); (2005 c 464 s 2 expired June 30, 2012); 2002 c 286 s 13; 1993 c 244 s 38; 1989 c 17 s 1; 1983 2nd ex.s. c 3 s 45; 1983 c 7 s 18. Formerly RCW 88.02.050.]
Notes:
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
Effective date—2011 c 171 s 129: "Section 129 of this act takes effect June 30, 2012." [ 2011 c 171 s 141.]
Expiration date—2011 c 171 s 128: "Section 128 of this act expires June 30, 2012." [ 2011 c 171 s 140.]
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—2010 c 161 s 1020: "Section 1020 of this act takes effect June 30, 2012." [ 2010 c 161 s 1239.]
Expiration date—2010 c 161 s 1019: "Section 1019 of this act expires June 30, 2012." [ 2010 c 161 s 1240.]
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—2007 c 342 s 6: "Section 6 of this act takes effect June 30, 2012." [ 2007 c 342 s 10.]
Expiration date—2007 c 342 s 5: "Section 5 of this act expires June 30, 2012." [ 2007 c 342 s 9.]
Findings—Intent—2005 c 464: "The legislature finds that aquatic invasive species and freshwater aquatic algae are causing economic, environmental, and public health problems that affect the citizens and aquatic resources of our state. Many highly destructive species, such as the zebra mussel, are currently not found in Washington's waters and efforts should be made to prevent the introduction or spread of these aquatic invasive species into our state waters. Preventing new introductions is significantly less expensive and causes far less ecological damage than trying to control new infestations.
The legislature also finds that freshwater algae, particularly blue-green algae, are also seriously degrading the water quality and recreational value of a number of our lakes. Blue-green algae can produce toxins that inhibit recreational uses and pose a threat to humans and pets.
It is therefore the intent of the legislature to clarify the roles of the different state agencies involved in these issues in order to address the threat of aquatic invasive species and the problem caused by aquatic freshwater algae, and to provide a dedicated fund source to prevent and control further impacts." [ 2005 c 464 s 1.]
Application—2005 c 464 s 2: "Section 2 of this act applies to vessel registration fees that are due or become due on or after August 1, 2005." [ 2005 c 464 s 6.]
Expiration date—2005 c 464 s 2: "Section 2 of this act expires June 30, 2012." [ 2005 c 464 s 7.]
Effective date—2002 c 286: See RCW 79.100.901.
Application—1993 c 244 s 38: "Section 38 of this act applies to registrations expiring June 30, 1995, and thereafter." [ 1993 c 244 s 43.]
Intent—1993 c 244: See note following RCW 79A.60.010.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3: See notes following RCW 82.04.255.

catchline: Application—Form and contents—Registration number and decal—Renewals—Marine oil refuse dump and holding tank information—Transfer.