title: RCW 87.22.085

text:
In determining the irrigable acreage as provided herein, the court shall consider all lands included in the district capable of being used for agricultural purposes, provided that no lands shall be found to be irrigable which are not irrigable from the plan of the irrigation works of the district; and provided that nothing herein contained shall be construed to prevent a reconsideration of the irrigability of lands found nonirrigable upon the modification or enlargement of the irrigation system whereby said lands at first found nonirrigable may be irrigated by the district system.
[ 1929 c 120 s 10; RRS s 7530-10. Formerly RCW 87.22.080, part.]

catchline: Irrigable acreage, how determined.


doc_type: statute

jurisdiction: wa

title: RCW 87.22.090

text:
Appellate review of the judgment entered in said proceedings may be sought in the same manner as in other cases in equity.
[ 1988 c 202 s 88; 1971 c 81 s 173; 1929 c 120 s 11; RRS s 7530-11.]
Notes:
Severability—1988 c 202: See note following RCW 2.24.050.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Appellate review.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 87.22.100

text:
The judgment of the court determining maximum benefits and the irrigable acreage in such proceedings, unless appealed from within the time prescribed by law, and upon final judgment on appeal, shall be conclusive, except as herein otherwise provided, upon and against each and every owner of said bonds issued as proposed and upon and against every tract of land in the district, upon and against those owning the same or having any interest therein, including minors, insane persons, those convicted of crime as well as those free from disability, and upon and against those who may have appeared in said proceedings.
[ 1929 c 120 s 12; RRS s 7530-12. FORMER PART OF SECTION: 1929 c 120 s 13; RRS s 7530-13, now codified in RCW 87.22.105.]

catchline: Final judgment conclusive.


title: RCW 87.22.105

text:
Said judgment shall be final and conclusive upon and against all lands in the district on appeal as aforesaid, except as to the particular tract or tracts involved in the appeal.
[ 1929 c 120 s 13; RRS s 7530-13. Formerly RCW 87.22.100, part.]

catchline: Final judgment conclusive—Exception.


title: RCW 87.22.110

text:
A transcript of so much of the judgment in said proceedings as pertain to the lands situated in each county other than the one in which the proceedings were instituted shall be certified by the clerk of the court and mailed to the county clerk of each of said other counties respectively for record among the recorded judgments therein.
[ 1929 c 120 s 14; RRS s 7530-14.]

catchline: Transcript to other counties.


title: RCW 87.22.120

text:
Upon final determination of maximum benefits and irrigable acreage aforesaid, the board of directors of the district shall submit to the electors of the district possessing the qualifications prescribed by the irrigation district law the question whether refunding bonds of the district in amount and of the maturity proposed by said board shall be issued and exchanged for outstanding bonds as herein provided.
[ 1929 c 120 s 15; RRS s 7530-15. FORMER PART OF SECTION: 1929 c 120 s 16; RRS s 7530-16, now codified as RCW 87.22.125.]
Notes:
Qualification of voters and directors: RCW 87.03.045.

catchline: Election—Question to electors.


title: RCW 87.22.125

text:
Except as herein otherwise specifically provided said election shall be called, noticed, conducted and the results thereof determined in the same manner and by the same officials as that provided by law for the calling, noticing, conducting and canvassing of original bond elections in irrigated districts.
[ 1929 c 120 s 16; RRS s 7530-16. Formerly RCW 87.22.120, part.]
Notes:
Bond elections: RCW 87.03.200.

catchline: Election—Procedure.


title: RCW 87.22.130

text:
The notice of said election shall specify the time and place of the election, the amount of the proposed refunding bonds, the maturity, the schedule of the minimum annual payments of the principal thereof and the maximum annual rate of interest said bonds shall bear, as approved by the court in the decree determining maximum benefits and irrigable acreage.
[ 1929 c 120 s 17; RRS s 7530-17.]

catchline: Election—Notice, contents.


title: RCW 87.22.140

text:
If a majority of the votes cast at said election are in favor of the proposed refunding issue the board of directors shall thereupon have authority to cause refunding bonds of the district in the amount and on the basis of the plan of payment and rate of interest proposed, to be issued and exchanged as herein provided.
[ 1929 c 120 s 18; RRS s 7530-18. FORMER PART OF SECTION: 1929 c 120 s 19; RRS s 7530-19, now codified in RCW 87.22.145.]

catchline: Election—Majority vote affirmative, procedure.


title: RCW 87.22.145

text:
Refunding bonds provided for under this chapter may be exchanged for any or all of the bonds to be refunded on such basis as may be agreed upon between the board of directors of the district and the bond owners: PROVIDED, That said refunding bonds shall not be issued in a greater sum than the total aggregate face value of the bonds to be refunded.
[ 1983 c 167 s 231; 1929 c 120 s 19; RRS s 7530-19. Formerly RCW 87.22.140, part.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: Exchange of bonds.


title: RCW 87.22.150

text:
(1) Said refunding bonds shall be issued in such denominations as the board shall determine, but in the same denominations so far as practicable as the bonds to be refunded and shall mature at the date specified in the notice of election but not in any event later than thirty years from the date thereof, and shall be payable in minimum annual installments specified on a percentage basis and amortized to provide for full payment of the bonds with interest at maturity: PROVIDED, That in lieu of the annual payments of principal and semiannual payments of interest as provided in this chapter, the court may prescribe the form, manner of payment, and interest rate or rates of the refunding bonds, in the decree determining maximum benefits and irrigable acreage; and said decree may grant the district the right to pay at the date of any annual or semiannual payment, one or more next accruing annual or semiannual installments less the interest on that part of the principal thus paid in advance: AND PROVIDED, In all cases in which the court determines the form, manner of payment, and interest rate of the refunding bonds in the decree determining maximum benefits, all notices provided in this chapter and any other provision thereof, shall be given and construed in conformity with the terms and conditions of said bond prescribed in said decree. Such bonds may be in any registered form as provided for in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such bonds may be issued in any registered form and sold in accordance with chapter 39.46 RCW.
[ 1983 c 167 s 232; 1970 ex.s. c 56 s 97; 1969 ex.s. c 232 s 56; 1931 c 42 s 3; 1929 c 120 s 20; RRS s 7530-20.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
Hearing—Decree: RCW 87.22.070.

catchline: Form of bonds—Manner of payment—Interest rate.


title: RCW 87.22.160

text:
All unpaid installments on account of the principal of said refunding bonds shall bear interest from the date of the bonds at a rate or rates as authorized by the board of directors of the district. Different installments of the principal of said bonds may bear different rates of interest if it is so provided in the bond plan. Interest shall be payable semiannually on the first day of January and July of each year.
[ 1970 ex.s. c 56 s 98; 1969 ex.s. c 232 s 57; 1929 c 120 s 21; RRS 7530-21. FORMER PART OF SECTION: 1929 c 120 s 22; RRS s 7530-22, now codified as RCW 87.22.165.]
Notes:
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.

catchline: Interest on unpaid bond installments—When payable.


title: RCW 87.22.165

text:
Both principal and interest shall be made payable at the office of the county treasurer of the county in which the office of the board of directors of the district is situated.
[ 1929 c 120 s 22; RRS s 7530-22. Formerly RCW 87.22.160, part.]

catchline: Bond payments, where payable.


title: RCW 87.22.170

text:
Said bonds shall express upon their face that they were issued by authority of this chapter, stating its title and date of approval, that the district reserves the right to pay on account of the principal thereof annual installments at a greater rate than the minimum rate stated in the bonds, that said bonds are transferable only on the registration book of the county treasurer's office at which said bonds are payable; that any attempted transfer of said bonds not recorded in said registration book shall be void so far as the rights of the district are concerned and that said bonds are of equal priority, payable with interest on a pro rata basis from revenues derived from annual assessments levied against the irrigable benefited lands within the district.
[ 1929 c 120 s 23; RRS s 7530-23. FORMER PART OF SECTION: 1929 c 120 s 24; RRS s 7530-24, now codified as RCW 87.22.175.]

catchline: Bond contents—Transferability—Priority.


title: RCW 87.22.175

text:
Said bonds shall be signed by the president of the board and secretary of the district and the seal of the district shall be impressed thereon. The term "registration book" as used in chapter 87.22 RCW shall constitute the method of registration adopted in conformance with RCW 39.46.030.
[ 1983 c 167 s 233; 1929 c 120 s 24; RRS s 7530-24. Formerly RCW 87.22.170, part.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: Bonds—Signature—Registration book.


title: RCW 87.22.190

text:
Said bonds shall be transferable only on the registration book and any attempted transfer of said bonds not recorded in said registration book shall be void so far as the rights of the district are concerned.
[ 1983 c 167 s 234; 1929 c 120 s 26; RRS s 7530-26. FORMER PART OF SECTION: 1929 c 120 s 27; RRS s 7530-27, now codified as RCW 87.22.195.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: Transfer on registration book required.


title: RCW 87.22.200

text:
Said bonds shall be of equal priority and shall be paid on a pro rata basis, in proportion to their respective face values, PROVIDED, That for purposes of identification only said bonds may be numbered consecutively.
[ 1929 c 120 s 28; RRS s 7530-28.]

catchline: Bonds of equal priority.


title: RCW 87.22.210

text:
Payment by the said county treasurer of any installment of or interest on said bonds, or any of the same, to the recorded owner thereof as shown on said registration book shall constitute a valid payment, without surrender of said bonds or any of the same, provided that final payment on account of any bond shall not be made until and unless the same is surrendered.
[ 1929 c 120 s 29; RRS s 7530-29. FORMER PART OF SECTION: 1929 c 120 s 30; RRS s 7530-30, now codified as RCW 87.22.215.]

catchline: Payment to record owner.


title: RCW 87.22.215

text:
Any bondholder or group of bondholders shall have the right to request said county treasurer in writing to pay the interest and installments of principal of his or her or their bond or bonds to such agent as may be designated in said request and payment to said agent shall constitute a valid payment to the record owner or owners of said bond or bonds within the provisions of this chapter.
[ 2013 c 23 s 513; 1929 c 120 s 30; RRS s 7530-30. Formerly RCW 87.22.210, part.]

catchline: Payment to agent.


title: RCW 87.22.230

text:
No tract of land shall be assessed by the district during the life of the proposed bonds when issued for the purpose of paying the principal of or interest on said bonds in an aggregate amount in excess of double the amount determined in the decree fixing maximum benefits under subdivision (1) of RCW 87.22.040, together with the interest on the principal computed at the rates specified in the bond, and any assessment in excess thereof shall be void. In addition to its regular normal assessment for the principal or interest of said bonds, no tract of land shall be assessed in any one year to make up past or anticipated delinquencies of assessments or both levied or to be levied against the lands in the district for said purposes, in excess of fifty percent of its regular normal assessment for said bonds.
[ 1931 c 42 s 4; 1929 c 120 s 31; RRS s 7530-31.]

catchline: Assessments—Limitations.


title: RCW 87.22.240

text:
The owner of any land within said irrigation district which shall be liable for payment of said refunding bonds shall have the right to pay the same in said annual or semiannual installments or to make payment at any time when installments are due as in this section provided: (1) To pay an amount equal to the amount fixed in said decree determining the maximum benefits under subdivisions (1) and (2) of RCW 87.22.040 or the amount of the unpaid balance of said sums if such payment is not made until one or more installments have been paid, together with the amount fixed by said decree under subdivision (1) of RCW 87.22.040, and thereafter no further assessment shall be levied against such tract of land; (2) to pay the amount of benefits fixed in the decree determining the maximum benefits under subdivision (1) of RCW 87.22.040 or the unpaid balance thereof if such payment is made after one or more installments shall have been paid, with interest on the amount paid to the time of making payment, and thereafter such lands shall not be subject to assessments except to meet delinquencies of principal and/or interest on said bonds, for which purpose additional assessments shall be levied against said tract of land to an amount not exceeding the amount found in the decree fixing the maximum benefits under subdivision (1) of RCW 87.22.040; or (3) to pay any additional installments of the principal with interest accrued on the amount so paid at the time of the payment, and thereafter, in levying assessments against said tracts of land, said owner shall be given credit for such advance payment. The treasurer of the proper county shall have authority to receive for the benefit of the refunding bond fund of the district the payments herein authorized to be made.
[ 1931 c 42 s 5; 1929 c 120 s 32; RRS s 7530-32. FORMER PART OF SECTION: 1931 c 42 s 6; 1929 c 120 s 33; RRS s 7530-33, now codified as RCW 87.22.245.]

catchline: Assessments—Methods of payment.


title: RCW 87.22.245

text:
In case the owner of any land within an irrigation district shall make payment in accordance with the second provision in RCW 87.22.240, the county treasurer shall issue to such landowner a receipt stating that such payments have been made and that such lands shall thereafter be subject only to the assessments provided for in accordance with such provisions; and, in case any landowner within such irrigation district shall make any payments in accordance with the third provision of RCW 87.22.240, the county treasurer shall issue to such landowner a receipt showing the payment of such installment or installments and stating that credit therefor is thereby given to such landowner as to apply to future installments.
[ 1931 c 42 s 6; 1929 c 120 s 33; RRS s 7530-33. Formerly RCW 87.22.240, part.]

catchline: Assessments—Receipts.


title: RCW 87.22.250

text:
Full payment of the decreed maximum benefits accruing to any tract of land aforesaid can be made by the payment of money only and no sale of any tract of land on account of delinquent district assessments shall be construed as a satisfaction chargeable against the amount of maximum benefits decreed as accruing to said tract by reason of said refunding bonds.
[ 1929 c 120 s 34; RRS s 7530-34.]

catchline: Assessments—Payment in money only.


title: RCW 87.22.260

text:
In any instance where an irrigation district having outstanding refunding bonds issued under the provision of this chapter, sells or rents a tract of land previously acquired by sale on account of delinquent district assessments, the proceeds of said sale or lease shall be distributed to the expense fund and the refunding bond fund of the district in proportion to the respective amounts of the district exactions made against said tract of land for the benefit of these two funds payable in the year in which the district assessment for which said tract was sold, became delinquent.
[ 1929 c 120 s 35; RRS s 7530-35.]

catchline: Sale or lease of foreclosed land—Disposition of proceeds.


title: RCW 87.22.270

text:
When the money in the refunding bond fund reaches an excess of ten percent of the amount necessary to meet the total aggregate minimum annual installment of the principal of said bonds and interest next payable, it shall be the duty of said treasurer to apportion said excess to the several bondholders on a pro rata basis in proportion to the par value of their respective bonds and include the same with the payments of the next annual installment of the principal of said bonds.
[ 1929 c 120 s 36; RRS s 7530-36.]

catchline: Excess in bond fund—Apportionment.


title: RCW 87.22.275

text:
Except as herein otherwise specifically provided, refunding bonds, authorized, issued and disposed of under the provisions of this chapter shall entitle the owners thereof to the same rights and privileges, shall constitute a lien on the same property and shall be paid in the same manner as the original bonds refunded by said bond issue, and said refunding bonds shall be retired by the exaction of annual assessments levied against all the lands in the district: PROVIDED, HOWEVER, That any lands in the district against which no benefits are determined by the decree determining maximum benefits may be excluded from the district in the same manner in which lands may now be excluded from the districts against which there are no bond issues, and said lands so excluded shall be forever free of the liens of said refunding bonds; AND PROVIDED FURTHER, That no assessments against any tract of land shall exceed the amount specified under RCW 87.22.230.
[ 1983 c 167 s 235; 1931 c 42 s 7; 1929 c 120 s 37; RRS s 7530-37. Formerly RCW 87.22.220.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: Rights of bond owners—Lien of bonds—Manner of payment.


title: RCW 87.22.280

text:
Proceedings had for the authorization, issuance and disposal of refunding bonds provided for herein may be considered, confirmed and approved by the court in proceedings authorized by the irrigation district act in the same manner and with the same effect, as proceedings had for authorization, issuance and disposal of other irrigation district bonds provided for by law, are considered, confirmed and approved.
[ 1929 c 120 s 38; RRS s 7530-38.]
Notes:
Proceedings for judicial confirmation: RCW 87.03.780 through 87.03.805.

catchline: Judicial confirmation.


title: RCW 87.22.910

text:
Nothing in this chapter contained shall be deemed or construed as abridging, enlarging or modifying any existing statute relating to refunding bonds of irrigation districts. This chapter is intended as an independent act providing an additional method for the issuance of refunding bonds of such districts.
[ 1929 c 120 s 40; RRS s 7530-40. Formerly RCW 87.22.010, part.]

catchline: Construction—Chapter additional method.


title: RCW 87.25.010

text:
Whenever the board of directors of any irrigation district, organized and existing under and pursuant to the laws of the state of Washington, shall by resolution declare that it deems it desirable that any contemplated or outstanding bonds of such district, including any of its bonds authorized but not sold, be certified under the provisions of this chapter, such board of directors shall thereupon file a certified copy of such resolution with the director of ecology. Such director on receipt of a certified copy of such resolution shall, without delay, make or cause to be made a full investigation of the affairs of the district.
[ 1988 c 127 s 49; 1923 c 51 s 1; RRS s 7432-1.]

catchline: Resolution to certify—Investigation.


title: RCW 87.25.020

text:
In connection with the investigation and report provided for in this chapter, the director of ecology is authorized and directed to make written request upon any state officer, institution or department for information, opinion or advice relative to any features of such investigation pertinent to the work of such officer or department. Upon receipt of such written request from said director, such officer or department shall, without delay, make such investigation as may be necessary and shall then furnish the said director with a report in writing giving the information, opinion or advice required by said director.
[ 1988 c 127 s 50; 1923 c 51 s 2; RRS s 7432-2.]

catchline: Request for information—Compliance.


title: RCW 87.25.030

text:
If, after the investigation herein provided for, the director finds that the project of the district is feasible, that the bond issue proposed to be certified is necessary and in sufficient amount to complete the improvement contemplated and that the district shows a clear probability of successful operation, he or she shall submit a complete transcript, to be furnished and certified by the district, of the proceedings relating to the organization and establishment of the district and relating to or affecting the validity of the bond issue involved, to the attorney general, for his or her written opinion as to the legality of the same. If the attorney general finds that any of the matters submitted in the transcript are not legally sufficient he or she shall so state in his or her opinion to the director of ecology. The district shall then be given an opportunity, if possible, to correct the proceeding or thing complained of to the satisfaction of the attorney general. If the attorney general finds that all the matters submitted in the transcript as originally submitted or as subsequently corrected are legally sufficient said director shall thereupon file his or her report with the secretary of state and forward a copy to the secretary of the district, to be kept among the records of the district.
[ 2013 c 23 s 514; 1988 c 127 s 51; 1923 c 51 s 3; RRS s 7432-3.]

catchline: Transcript to attorney general—Report filed with secretary of state.


title: RCW 87.25.040

text:
Said report filed with the secretary of state shall contain conclusions upon the following points:
(1) The supply of water available for the project and the right of the district to so much water as may be needed.
(2) The nature of the soil as to its fertility and susceptibility to irrigation, the probable amount of water needed for its irrigation and the probable need of drainage.
(3) The feasibility of the district's irrigation system and of the specific unit for which the bonds under consideration are desired, whether such system and unit be constructed, projected or partially completed; and the sufficiency of the amount of the proposed bond issue to complete the improvement contemplated.
(4) The reasonable market value of the water, water rights, canals, reservoirs, reservoir sites and irrigation works owned by such district or to be acquired or constructed by it with the proceeds of any such bonds.
(5) The reasonable market value of the lands included within the district.
(6) The plan of operation and maintenance used or contemplated by the district.
(7) The method of accounting employed or proposed to be employed by the district.
(8) Any other matter material to the investigation.
[ 1923 c 51 s 4; RRS s 7432-4.]

catchline: Contents of director's report.


title: RCW 87.25.050

text:
Attached to said report of said director shall be the following:
(1) A certificate signed by the director of ecology certifying to the amount and sufficiency of water rights available for the project.
(2) A certificate signed by a soil expert of the Washington State University, certifying as to the character of the soil and the classification of the lands in the district.
(3) A certificate signed by the director of ecology approving the general feasibility of the system of irrigation.
(4) A certificate signed by the attorney general of the state of Washington approving the legality of the organization and establishment of the district and the legality of the bond issue offered for certification.
[ 1988 c 127 s 52; 1977 ex.s. c 169 s 112; 1923 c 51 s 5; RRS s 7432-5.]
Notes:
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016.

catchline: Certificates to be attached to reports.


title: RCW 87.25.060

text:
When the proposed bond issue has been finally approved by the director, he or she shall file a supplemental report with the secretary of state giving the numbers, date or dates of issue, and denominations of said bonds which shall then be entitled to certification as herein provided.
[ 2013 c 23 s 515; 1923 c 51 s 6; RRS s 7432-6.]

catchline: Supplemental report.


title: RCW 87.25.070

text:
All bonds issued by any eligible district availing itself of the provisions of this chapter shall, before sale by the district, have attached thereto the certificate of the secretary of state, essentially in the following form:
Olympia, Washington, . . . .(Insert date). . . . .
I, . . . . . ., secretary of state of the state of Washington, do hereby certify that the above named district has been investigated and its project approved by the department of ecology of the state of Washington; that the legality of the bond issue of which this bond is one has been approved by the attorney general of the state of Washington, and that the carrying out of the purposes for which this bond was issued is under the supervision of said department, as provided by law.
[Seal]
. . . .
Secretary of State.
[ 1988 c 127 s 53; 1923 c 51 s 7; RRS s 7432-7.]

catchline: Form of secretary of state's certificate.


title: RCW 87.25.090

text:
All necessary expenses incurred in making the investigation, examination, opinions and reports in this chapter provided for shall be paid at such times and in such manner as the director of ecology shall require, by the irrigation district, the affairs of which have been investigated and reported on by the said director: PROVIDED, That the benefit of any service that may have been performed and any data that may have been obtained in pursuance of the requirements of any law other than this chapter, shall be available for the use of the director without charge to said district.
[ 1988 c 127 s 54; 1923 c 51 s 8; RRS s 7432-8.]

catchline: Expense to be paid by district.


title: RCW 87.25.100

text:
Whenever the bonds of any irrigation district have been certified, as provided in this chapter, no expenditures shall be made from the proceeds of such bonds, nor shall any liability chargeable against such proceeds be incurred, until there shall have been filed with and approved by the director of ecology a schedule of proposed expenditures in such form as said director shall prescribe, and no expenditures from the proceeds of said bonds shall be made for any purpose in excess of the amount allowed therefor in such schedule without the written consent of said director: PROVIDED, FURTHER, That, if it shall be necessary, the attorney general may employ competent attorneys to assist him or her in the performance of his or her duties under this chapter, said attorneys to be paid by the irrigation district for which services are rendered from any of the funds of said district at such time and in such manner as the attorney general shall require.
[ 2013 c 23 s 516; 1988 c 127 s 55; 1923 c 51 s 9; RRS s 7432-9.]

catchline: Expenditures of bond proceeds—Employment and payment of attorneys.


title: RCW 87.25.120

text:
During the progress of any work to be paid for from the proceeds of any bond issue certified as in this chapter provided, the director of ecology shall make or cause to be made, from time to time, at the expense of the district, such inspection of the work as may be necessary to enable the said department to know that the plans approved by the director are being carried out without material modification, unless such modification has been approved by the director.
[ 1988 c 127 s 56; 1923 c 51 s 10; RRS s 7432-10.]

catchline: Inspection of work as it progresses.


title: RCW 87.25.125

text:
Whenever the survey, examinations, drawings, and plans of an irrigation district, and the estimate of cost based thereon, shall provide that the works necessary for a completed project shall be constructed progressively over a period of years in accordance with a plan or schedule adopted by resolution of the board of directors of the district, it shall not be necessary for the secretary of state to certify at one time all of the bonds that have been voted for the said completed project; but such bonds may be certified from time to time, when approved by the director of ecology, as needed by the district. If the secretary of state shall certify all of the bonds necessary for the said completed project, even if said project is to be constructed progressively over a period of years in accordance with the aforesaid resolution of the board of directors, the bonds so voted and certified shall only be sold after prior written approval of said director.
[ 1988 c 127 s 57; 1923 c 51 s 11; RRS s 7432-11. Formerly RCW 87.25.080.]

catchline: Certification in installments.


title: RCW 87.25.130

text:
Districts coming within the provisions of this chapter shall prepare and maintain all records of their operation and proceedings upon forms prescribed by the director of ecology.
[ 1988 c 127 s 58; 1923 c 51 s 12; RRS s 7432-12.]

catchline: Forms prescribed.


title: RCW 87.25.140

text:
When the bonds of any district have been certified as provided herein, it shall be unlawful for the district, during the life of said bonds to expend any money or incur any obligation for construction purposes without the written approval of the director of ecology, nor shall such district issue and sell any bonds not certified as herein provided, and the district shall annually at such time as said director shall prescribe, prepare and file with the director, on forms furnished by that officer, a budget of its contemplated expenditures for maintenance and operation during the ensuing year.
[ 1988 c 127 s 59; 1923 c 51 s 13; RRS s 7432-13. Formerly RCW 87.25.110.]


title: RCW 87.28.005

text:
As used in this chapter, in accordance with RCW 87.03.440, the term "county treasurer" or "treasurer of the county" or other reference to that office means the treasurer of the district, if the district has designated its own treasurer, unless the context clearly requires otherwise.
[ 1979 ex.s. c 185 s 17.]
Notes:
Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013.

catchline: "County treasurer," "treasurer of the county," defined.


title: RCW 87.28.010

text:
The board of directors of any irrigation district in this state which is furnishing or may furnish irrigation water, domestic water, electric power, drainage or sewerage services for which rates or tolls and charges are imposed or contract payments made, or any combination of such services, shall have authority to issue and sell bonds of the district payable from revenues derived from district rates or tolls and charges or contract payments for such service or services, and to pledge such revenues from one or more of such services for the payment and retirement of bonds issued for irrigation water, domestic water, electric power, and drainage or sewer improvements: PROVIDED, That nothing in this section shall authorize a district which is not on March 8, 1973, engaged in providing electrical service permission to pledge revenue from water and sewer service to support the issuance of revenue bonds for the acquisition or construction of electrical power facilities other than those authorized by *RCW 87.03.015(1), as now or hereafter amended.
[ 1979 ex.s. c 185 s 8; 1973 c 74 s 1; 1949 c 57 s 1; Rem. Supp. 1949 s 7434-10.]
Notes:
*Reviser's note: RCW 87.03.015 was amended by 2023 c 105 s 7, changing subsection (1) to subsection (1)(a).
Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013.

catchline: Revenue bonds authorized.


title: RCW 87.28.015

text:
Irrigation districts may also issue interest bearing warrants to provide interim financing pending the issuance of district revenue bonds. The items, form and content, and the manner of the issuance and sale of such interest bearing warrants as well as any covenants for the redemption of such warrants shall be established by resolution of the district's board of directors. Such warrants may be in any form, including bearer warrants or registered warrants as provided in RCW 39.46.030. Such warrants may be issued and sold in accordance with chapter 39.46 RCW.
[ 1983 c 167 s 236; 1979 ex.s. c 185 s 18.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013.

catchline: Interest bearing warrants authorized—Form, covenants, issuance and sale.


title: RCW 87.28.020

text:
(1) Said bonds shall be in such form as the board of directors shall determine; shall be in bearer form or registered as to principal or interest or both as provided in RCW 39.46.030, and may provide for conversion between registered and coupon bonds; shall be in such denominations, shall be numbered, shall bear such date and shall be payable at such time or times up to a maximum of not to exceed forty years as shall be determined by the board of directors; shall bear interest at such rate or rates, payable at such time or times as authorized by the board of directors; shall be payable at the office of the county treasurer of the county in which the principal office of the district is located or at such other place as the board of directors shall provide and specify in the bonds; shall be executed by the president of the board of directors and attested and sealed by the secretary thereof and may have facsimile signatures of the president and secretary imprinted on any interest coupons in lieu of original signatures and the facsimile seal of the district and the facsimile signature of either the president or the secretary on the bonds in lieu of a manual signature. Said bonds may provide that the same or any part thereof at the option of the board of directors may be redeemed in advance of maturity on any interest payment date upon the terms and conditions established by the board, may include in the amount of the issue funds for the purpose of paying interest on the bonds during the period of construction of the facility being financed by the proceeds of the bonds, and may include in the amount of the issue funds for the purpose of establishing, maintaining, or increasing reserves in the manner, for the purposes, and subject to the restrictions set forth in RCW 39.44.140.
(2) Notwithstanding subsection (1) of this section, such bonds may be issued and sold in accordance with chapter 39.46 RCW.
[ 1983 c 167 s 237; 1979 ex.s. c 185 s 9; 1973 c 74 s 2; 1970 ex.s. c 56 s 99; 1969 ex.s. c 232 s 58; 1949 c 57 s 2; Rem. Supp. 1949 s 7434-11.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
Facsimile signatures: RCW 39.44.100.

catchline: Form and terms of bonds.


title: RCW 87.28.030

text:
The board of directors of the issuing district shall have authority and is required to create a special fund or funds to be carried in said county treasurer's office for the account of the district for the sole purpose of paying the interest and principal of such bonds. The board of directors of the issuing district shall obligate and bind the district to set aside and pay into such special fund or funds a fixed proportion, or any fixed amount of and not exceeding a fixed proportion of, or a fixed amount or amounts without regard to any fixed proportion of the gross revenues from the charges made by the district for the irrigation water, domestic water, the electric power, drainage, or sewer service, or any combination of such services as the case may be, for which the bonds are issued, and such bonds and the interest thereon shall be payable only out of such special fund or funds but shall be a lien and charge against all revenues received for the service or services the revenues of which are pledged to such fund or funds and payments received from any utility local improvement district or districts pledged to secure such bonds, subject only to operating and maintenance expenses of such service.
[ 1979 ex.s. c 185 s 10; 1973 c 74 s 3; 1949 c 57 s 3; Rem. Supp. 1949 s 7434-12.]
Notes:
Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013.

catchline: Bonds payable only from special funds—Lien on revenues.


title: RCW 87.28.035

text:
In creating such special fund or funds the board of directors of the district shall have due regard for the cost of the operation and maintenance of the district system required by the district to furnish said irrigation water, domestic water, electric power, drainage, or sewer service, as the case may be, and shall not set aside into such special fund a greater amount or proportion of the revenue of such service or services, than, in its judgment, will be available over and above such cost of maintenance and operation and the amount or proportion, if any, of the revenue previously pledged to such special fund or funds.
[ 1979 ex.s. c 185 s 11; 1949 c 57 s 4; Rem. Supp. 1949 s 7434-13. Formerly RCW 87.28.080.]
Notes:
Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013.

catchline: Determining amount payable into special funds.


title: RCW 87.28.040

text:
Any such bonds, and interest thereon, issued against a special fund as herein provided shall be a valid claim of the owner thereof only as against said special fund or funds and its fixed proportion or amount of the revenue pledged to such fund or funds and shall not constitute a general indebtedness against the issuing irrigation district. Each such bond shall state upon its face that it is payable from a special fund or funds only, naming the special fund or funds and the resolution creating the fund or funds.
[ 1983 c 167 s 238; 1979 ex.s. c 185 s 12; 1949 c 57 s 5; Rem. Supp. 1949 s 7434-13a.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013.

catchline: Bonds do not constitute general debt of district.


title: RCW 87.28.070

text:
(1) Such revenue bonds shall be sold in such manner as the board of directors shall deem for the best interests of the irrigation district, either at public or at private sale and at any price and at any rate or rates of interest, but if the board of directors shall dispose of said bonds in exchange for construction of improvements or for materials, such bonds shall not be disposed of for less than par for value received by the district.
(2) Notwithstanding subsection (1) of this section, such bonds may be sold in accordance with chapter 39.46 RCW.
[ 1983 c 167 s 239; 1970 ex.s. c 56 s 100; 1969 ex.s. c 232 s 59; 1949 c 57 s 6; Rem. Supp. 1949 s 7434-14.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.

catchline: Sale of bonds.


title: RCW 87.28.090

text:
The board of directors of any irrigation district issuing such revenue bonds shall provide for revenues by fixing rates and charges for furnishing the service involved as the board shall deem necessary, in the manner provided by law and as fixed by resolution, the total revenues to be so estimated and determined as to be sufficient to take care of costs of maintenance, operation interest and principal amortization requirements and other charges involved.
[ 1949 c 57 s 7; Rem. Supp. 1949 s 7434-15.]
Notes:
Assessments and levies: RCW 87.03.240 through 87.03.305.

catchline: Board to set rates to provide necessary revenues.


title: RCW 87.28.100

text:
When a special fund has been created and bonds have been issued as herein provided, the fixed proportion or amount of the revenues pledged to the payment of the bonds and interest shall be set aside and paid into the special fund monthly as collected, as provided in the resolution creating the fund, and in case any irrigation district shall fail thus to set aside and pay said fixed proportion or amount as aforesaid, the owner of any bond against the special fund may bring appropriate court action against the district and compel such setting aside and payment.
[ 1983 c 167 s 240; 1979 ex.s. c 185 s 13; 1949 c 57 s 8; Rem. Supp. 1949 s 7434-16.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013.

catchline: Fixed share of revenues must be paid into special fund.


title: RCW 87.28.103

text:
When the directors of the district have decided to issue revenue bonds as herein provided, they shall call a special election in the irrigation district at which election shall be submitted to the electors thereof possessing the qualifications prescribed by law the question whether revenue bonds of the district in the amount and payable according to the plan of payment adopted by the board and for the purposes therein stated shall be issued. The election shall be called, noticed, conducted, and canvassed in the same manner as provided by law for irrigation district elections to authorize an original issue of bonds payable from revenues derived from annual assessments upon the real property in the district: PROVIDED, That the board of directors shall have full authority to issue revenue bonds as herein provided payable within a maximum period of forty years without a special election.
[ 2013 c 177 s 11; 1979 ex.s. c 185 s 14; 1949 c 57 s 9; Rem. Supp. 1949 s 7434-17. Formerly RCW 87.28.050.]
Notes:
Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013.
Bonds, election for, etc.: RCW 87.03.200.
Qualification of voters: RCW 87.03.045.

catchline: Election on proposed bond issue—Exception.


title: RCW 87.28.108

text:
The board of directors may make such covenants as it may deem necessary to secure and guarantee the payment of the principal of and interest on revenue bonds of the district, including but not being limited to covenants for: The establishment and maintenance of adequate reserves to secure or guarantee the payment of such principal and interest; the protection and disposition of the proceeds of sale of such bonds; the use and disposition of the gross revenues of the service or services of the district providing revenues for the payment of such bonds and any additions or betterments thereto or extensions thereof; the use and disposition of any utility local improvement district assessments; the creation and maintenance of funds for renewals and replacements of the service or services providing revenues for the payment of such bonds; the establishment and maintenance of rates and charges adequate to pay principal and interest of such bonds and to maintain adequate coverage over debt service; the maintenance, operation, and management of the service or services providing revenues for the payment of such bonds and the accounting, insuring, and auditing of the business in connection therewith; the terms upon which such bonds or any of them may be redeemed at the election of the district; limitations upon the right of the district to dispose of its service or services providing revenues for the payment of such bonds or any part thereof; the appointment of trustees, depositaries, and paying agents to receive, hold, disburse, invest, and reinvest all or any part of the income, revenue, and receipts of the district; and the board of directors may make such other covenants as it may deem necessary to accomplish the most advantageous sale of such bonds. The board of directors may also provide that revenue bonds payable out of the same source or sources may later be issued on a parity with any revenue bonds being issued and sold.
[ 1979 ex.s. c 185 s 21.]
Notes:
Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013.

catchline: Payment of bonds—Covenants for securing authorized—Scope.


title: RCW 87.28.110

text:
Said county treasurer shall have authority to pay said bonds and any appurtenant coupons in accordance with their terms from any moneys on hand in said special fund and when said bonds with interest have been fully paid, any moneys remaining in the fund shall be transferred to the expense fund of the district and the special fund closed.
[ 1983 c 167 s 241; 1949 c 57 s 11; Rem. Supp. 1949 s 7434-19.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: Payment of bonds.


title: RCW 87.28.120

text:
The board of directors of the issuing district shall have full authority by resolution to carry out the objects of this chapter in accordance with the provisions hereof and the same shall be liberally construed. The court shall have full jurisdiction under the irrigation district law to examine and determine the legality of the proceedings held to authorize and dispose of such revenue bonds, in the same manner and with the same legal effect as that provided in the case of other bonds of the district.
[ 1949 c 57 s 12; Rem. Supp. 1949 s 7434-20. Formerly RCW 87.28.120 and 87.28.130.]
Notes:
Bonds: RCW 87.03.200 through 87.03.235.

catchline: Objects executed by resolution—Determining legality of proceedings.


title: RCW 87.28.150

text:
The board of directors of any irrigation district may, by resolution, without submitting the matter to the voters of the district, provide for the issuance of refunding revenue bonds to refund one or more of the following: Outstanding assessment bonds, revenue bonds, contracts with the United States or state of Washington, or any part thereof, and all outstanding local improvement district bonds, at maturity thereof, or before maturity thereof if they are subject to call for prior redemption or if all of the owners thereof consent thereto. The refunding bonds shall be issued in the manner and for the purposes set forth in chapter 39.53 RCW.
Whenever district bonds or contracts payable in whole or part from assessments have been refunded pursuant to this section, all assessments remaining unpaid shall thereafter when collected be paid into the revenue bond redemption fund established for payment of the refunding revenue bonds, and the cash balances, if any, in the reserve or guaranty funds for such refunded bonds and the proceeds received from any other assets owned by such funds shall be used in whole or in part as a reserve or guaranty fund for the refunding revenue bonds or be transferred in whole or in part to any other funds of the district as the board of directors may determine. In the event that any warrants are outstanding against the local improvement guaranty fund of the district at the time of the issuance of such refunding revenue bonds, said bonds shall be issued in an amount sufficient also to fund and pay such outstanding warrants.
[ 1983 c 167 s 242; 1979 ex.s. c 185 s 22.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013.

catchline: Refunding revenue bonds authorized—Revenue bond redemption fund established—Use.


title: RCW 87.28.200

text:
Any irrigation district shall have the power to establish utility local improvement districts within its territory and to levy special assessments within such utility local improvement districts in the same manner as provided for irrigation district local improvement districts: PROVIDED, That it must be specified in any petition for the establishment of a utility local improvement district that the sole purpose of the assessments levied against the real property located within the utility local improvement district shall be the payment of the proceeds of those assessments into a revenue bond fund for the payment of revenue bonds, that no warrants or bonds shall be issued in any such utility local improvement district, and that the collection of interest and principal on all assessments in such utility local improvement district, when collected, shall be paid into that revenue bond fund, except that special assessments paid before the issuance and sale of bonds may be deposited in a fund for the payment of costs of improvements in the utility local improvement district.
[ 2013 c 177 s 12; 1979 ex.s. c 185 s 19.]
Notes:
Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013.

catchline: Utility local improvement districts—Authorized—Special assessments—Limitations.


title: RCW 87.28.210

text:
The board of directors of any irrigation district may by resolution convert any then existing local improvement district into a utility local improvement district at any time prior to the adoption of a resolution approving and confirming the initial assessment roll of such local improvement district. The resolution so converting the local improvement district shall provide for the payment of the special assessments levied in that district into the special fund established or to be established for the payment of revenue bonds issued to defray the cost of the local improvement district.
[ 1979 ex.s. c 185 s 20.]
Notes:
Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013.

catchline: Utility local improvement districts—Conversion of local improvement districts to.


title: RCW 87.48.010

text:
Any irrigation district by and through its board of directors is hereby authorized and shall have the power to enter into a contract with the state of Washington whereby it shall agree to repay to the state of Washington any expenses incurred by the state of Washington and to indemnify the state of Washington against any and all losses and damages which the state of Washington may suffer, under any contract between the state of Washington and the United States relating to land settlement in said district. This chapter shall apply to all irrigation districts and shall not be otherwise construed.
[ 1925 ex.s. c 34 s 1; RRS s 7525-1.]

catchline: Contracts for indemnity authorized.


title: RCW 87.48.020

text:
When any such irrigation district shall have duly executed and tendered to the state of Washington the contract of indemnity as it is herein empowered to do, the director of ecology is hereby authorized, empowered and required to sign and execute such contract on behalf of the state of Washington. After having received any such contract of indemnity from any such irrigation district the said director of ecology is hereby authorized, empowered and required to enter into a contract on behalf of the state of Washington with the United States relating to the land settlement in such district if such contract shall be presented, or tendered by the United States, which contract, if entered into on or before June 30, 1926, shall have the same terms and provisions of that certain contract submitted to the state of Washington under authority of the act of congress approved March 3rd, 1925, entitled "An Act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1926, and for other purposes." PROVIDED, That the liability of the state of Washington to the United States under such contract, if entered into on or before June 30, 1926, shall be limited to three hundred thousand dollars and be subject to appropriation therefor being made by the legislature. PROVIDED, FURTHER, That the said director of ecology or any other officer of the state of Washington shall not enter into any such contract with the United States after June 30, 1926, unless and until any such contract shall have been presented to the legislature by the governor through the director of ecology and approved by a joint resolution of the legislature, which resolution shall be passed by a constitutional majority of both branches of the legislature by roll call.
[ 1988 c 127 s 60; 1925 ex.s. c 34 s 2; RRS s 7525-2.]

catchline: Approval of contract—Execution—State obligation to enter into land settlement contract with federal government.


title: RCW 87.48.030

text:
Any such irrigation district which shall have entered into any such contract of indemnity with the state of Washington is hereby empowered and shall annually be required to levy assessments against all the property within said district from time to time in such amounts as shall enable it to reasonably anticipate and promptly comply with its said contract with the state of Washington. Such assessments shall be levied and be payable at the time and in the manner that its regular assessments are made and shall have the same validity, force and effect as assessments for any other purposes. Such assessments shall be levied for and shall be paid into a fund to be known as "The Indemnity Fund" and such fund shall not be used for any purpose other than to fulfill its obligations under its indemnity contract with the state of Washington. PROVIDED, That when all expenses, losses or damages for which the district may become liable to the state of Washington under RCW 87.48.010 shall have been paid to the state of Washington any money then remaining in "The Indemnity Fund" shall be transferred to the maintenance fund of said district.
[ 1925 ex.s. c 34 s 3; RRS s 7525-3.]

catchline: Assessments—Indemnity fund—Transfer to maintenance fund, when.


title: RCW 87.48.040

text:
When the state of Washington shall be required to make any payment or expend any money in the performance of any such contract entered into with the United States, an estimate of the amount of expenses likely to be incurred in such performance, together with an estimate of future losses or damages that may occur under such contract shall be made by the director of ecology, who shall thereupon return a statement thereof to such district, and the board of directors of such district shall from time to time as required by the director of ecology levy against all the property within said district such assessments as may be necessary to repay to the state of Washington such estimated expenses, losses and damages. PROVIDED, If such district has no money in the "The Indemnity Fund" to repay such expenses when the same shall be incurred or to pay such losses and damages as the same shall accrue it shall be the duty of the board of directors to cause warrants of the district to be issued in payment of such indebtedness, which warrants shall bear interest at a rate determined by the board and be paid from moneys paid into the indemnity fund by assessments levied as hereinbefore provided.
[ 1988 c 127 s 61; 1981 c 156 s 32; 1925 ex.s. c 34 s 4; RRS s 7525-4.]

catchline: Estimate of expenses and losses—Payment.


title: RCW 87.52.001

text:
Actions taken under chapter 87.52 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW.
[ 1989 c 84 s 67.]

catchline: Actions subject to review by boundary review board.


title: RCW 87.52.010

text:
Any irrigation district, organized and existing by virtue of laws of this state, which has no bonded indebtedness outstanding, may be disorganized and its business and affairs liquidated and wound up in the manner hereinafter provided.
[ 1897 c 79 s 1; RRS s 7526. FORMER PART OF SECTION: 1897 c 79 s 2; RRS s 7527, now codified as RCW 87.52.015.]

catchline: Dissolution authorized.


title: RCW 87.52.015

text:
A petition signed by one-third or more holders of title or evidence of title to lands within said district who shall be qualified electors thereof, reciting the fact that said district has no bonded indebtedness and praying that said district be disorganized under the provisions of RCW 87.52.010 through 87.52.060, shall be delivered to the secretary of the board of directors of said district or to one of the directors thereof.
[ 1897 c 79 s 2; RRS s 7527. Formerly RCW 87.52.010, part.]

catchline: Petition.


title: RCW 87.52.030

text:
Upon the delivery of said petition the board of directors of said irrigation district shall, at their next succeeding regular monthly meeting, order an election, the date of which election shall be within twenty days from the date of said meeting of the board of directors and which election shall be conducted as other elections of irrigation districts are conducted. At said election the qualified electors of said irrigation district shall cast ballots which shall contain the words "Disorganize, Yes," or "Disorganize, No." No person shall be entitled to vote at any election held under the provisions of RCW 87.52.010 through 87.52.060 unless he or she is a qualified voter under the election laws of the state, and holds title or evidence of title to land in said district.
[ 2013 c 23 s 517; 1897 c 79 s 3; RRS s 7528. FORMER PART OF SECTION: 1939 c 149 s 3, part; RRS s 7527-3, part, now codified in RCW 87.52.090.]
Notes:
Irrigation district elections: RCW 87.03.030 through 87.03.110.
Voter registration: Chapter 29A.08 RCW.

catchline: Election—Ballots—Qualified electors.


title: RCW 87.52.040

text:
If three-fifths of the votes cast at any election under the provisions of RCW 87.52.010 through 87.52.060 shall contain the words "Disorganize, Yes," then the board of directors shall present to the superior judge of the county in which said irrigation district is located an application for an order of said superior court that such irrigation district be declared disorganized and dissolved, and that its affairs be liquidated and wound up, as provided for in RCW 87.52.010 through 87.52.060, and reciting that at an election of such irrigation district, held as provided in RCW 87.52.010 through 87.52.060, three-fifths of the votes cast contained the words "Disorganize, Yes," and such petition shall be certified to by the directors of said district. They shall also file with said superior court a statement, sworn to by the directors of said irrigation district, showing all outstanding indebtedness of said irrigation district, or if there be no such indebtedness, then the directors shall make oath to that effect. Notice of said application shall be given by the clerk, which notice shall set forth the nature of the application, and shall specify the time and place at which it is to be heard, and shall be published in a newspaper of the county printed and published nearest to said irrigation district, once each week for four weeks, or if no newspaper is published in the county, by publication in the newspaper nearest thereto in the state. At the time and place appointed in the notice, or at any other time to which it may be postponed by the judge, he or she shall proceed to consider the application, and if satisfied that the provisions of RCW 87.52.010 through 87.52.060 have been complied with he or she shall enter an order declaring said irrigation district dissolved and disorganized.
[ 2013 c 23 s 518; 1897 c 79 s 4; RRS s 7529. Formerly RCW 87.52.040 and 87.52.050. FORMER PART OF SECTION: 1939 c 149 s 3, part; RRS s 7527-3, part, now codified in RCW 87.52.090.]

catchline: Vote required—Petition to court—Notice and publication of hearing—Court order.


title: RCW 87.52.060

text:
Upon the disorganization of any irrigation district under the provisions of RCW 87.52.010 through 87.52.060, the board of directors at the time of the disorganization shall be trustees of the creditors and of the property holders of said district for the purpose of collecting and paying all indebtedness of said district, in which actual construction work has been done, and shall have the power to sue and be sued. It shall be the duty of said board of directors, and they shall have the power and authority, to levy and collect a tax sufficient to pay all such indebtedness, which tax shall be levied and collected in the manner prescribed by law for the levying and collection of taxes of irrigation districts. Any balance of moneys of said district remaining over after all outstanding indebtedness and the cost of the proceedings under RCW 87.52.010 through 87.52.060 have been paid shall be divided and refunded to the assessment payers in said irrigation district, to each in proportion to the amount contributed by him or her to the total amount of assessments collected by said district. Said board of directors shall report to the court from time to time as the court may direct, and upon a showing to the court that all indebtedness has been paid, an order shall be entered discharging said board of directors. Upon the entry of such order said board of directors and all the officers of said district shall deliver over to the clerk of said court all books, papers, records, and documents belonging to said district, or under their control as officers thereof: PROVIDED, That nothing herein contained shall be construed to validate or authorize the payment of any indebtedness of said district exceeding the legal limitation of indebtedness specified by law for irrigation districts; or any indebtedness contracted by such irrigation district or its officers without lawful authority.
[ 2013 c 23 s 519; 1897 c 79 s 5; RRS s 7530.]
Notes:
Assessments, levy and collection of taxes: RCW 87.03.240 through 87.03.305.
Powers as to incurring indebtedness: RCW 87.03.475.

catchline: Board of directors as trustees—Duties—Records to be delivered to clerk.


title: RCW 87.52.070

text:
Any irrigation district of the state of Washington, now existing or hereafter organized, which has no bonded indebtedness outstanding, and which has been in existence for more than twenty years without having secured the irrigation of any of its lands, may be disorganized and its business and affairs liquidated and wound up in the manner hereinafter provided.
[ 1939 c 149 s 1; RRS s 7527-1. Formerly RCW 87.52.020, part.]

catchline: Dissolution when not brought under irrigation for twenty years.


title: RCW 87.52.080

text:
A petition signed by twenty-five or more holders of title or evidence of title to lands within said district who shall be qualified electors, reciting the fact that said district has no bonded indebtedness, has been in existence for more than twenty years, and has secured no irrigation for any of its lands, and praying that said district be disorganized under the provisions of RCW 87.52.070 through 87.52.090, shall be delivered to the secretary of the board of directors of said district or to one of the directors thereof.
[ 1939 c 149 s 2; RRS s 7527-2. Formerly RCW 87.52.020, part.]


title: RCW 87.52.090

text:
Upon the delivery of said petition, as aforesaid, the board of directors of said district, the secretary thereof, and all other officials provided by law, shall call, notice, conduct and canvass an election, and if three-fifths of the votes cast at said election are in favor of the disorganization of the district, shall proceed with the disorganization of the district, all in the manner, with the same powers and with the same force and effect and in accordance with RCW 87.52.030 through 87.52.060.
[ 1939 c 149 s 3; RRS s 7527-3. Formerly RCW 87.52.030, part and 87.52.040, part.]

catchline: Election—Procedure when three-fifths vote for disorganization.


title: RCW 87.53.001

text:
Actions taken under chapter 87.53 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW.
[ 1989 c 84 s 68.]


title: RCW 87.53.010

text:
An irrigation district may be dissolved and its affairs liquidated as herein prescribed. If there are outstanding bonds of the district the acknowledged uniform consent in writing of at least two-thirds in amount of the holders of the bonds must be recorded in the office of the auditor of the county in which the district board has its office.
[ 1951 c 237 s 1. Prior: 1899 c 102 ss 1, 2; RRS ss 7531, 7532.]
Notes:
Reviser's note: For prior laws on this subject see 1899 c 102; RRS ss 7531-7543.

catchline: Dissolution authorized—Consent of bondholders recorded.


title: RCW 87.53.020

text:
The acknowledged uniform written consent of one hundred percent of the holders of bonds may provide for cancellation of part of the bonds and for the manner and terms of payment of the balance. The bondholders may also make a firm offer for all property and rights of the district, except property in the district sold for taxes and district assessments, to be paid for by turning over for cancellation an appropriate amount in bonds with accrued interest.
[ 1951 c 237 s 2.]

catchline: Bondholders' consent necessary—Offer to buy district property.


title: RCW 87.53.030

text:
At least one-third of the electors of the district shall sign and file with the auditor a petition, reciting the substance of the uniform text of the bondholders' consent, that the consent has been filed, and praying that the district be dissolved and its affairs liquidated.
[ 1951 c 237 s 3. Prior: 1899 c 102 s 3; RRS s 7533.]

catchline: Petition for dissolution.


title: RCW 87.53.040

text:
The board of commissioners of the county shall at their present or next regular meeting, call an election to submit to the electors of the district the question of whether the district shall be so dissolved. They shall direct the auditor to give notice of the election and shall appoint the election officials.
[ 1951 c 237 s 4. Prior: 1899 c 102 s 5; RRS s 7535.]

catchline: Election to be called.


title: RCW 87.53.050

text:
The election shall be called upon the same notice and conducted in like manner as other elections of the district: PROVIDED, That when the bondholder's consent to dissolution provides for an adjustment of the bonded debt and/or the terms and method of its payment the notice of election shall recite the substance thereof.
The ballot shall contain the words "For dissolution, Yes" and "For dissolution, No." No person not a qualified elector under the general election laws and a freeholder of the district shall be deemed a qualified elector under this chapter.
[ 1951 c 237 s 5. Prior: 1899 c 102 s 4; RRS s 7534.]
Notes:
District elections: RCW 87.03.030 through 87.03.110.
Qualification of voters: RCW 87.03.045.

catchline: Manner of calling, noticing, conducting election—Ballot—Qualification of electors.


title: RCW 87.53.060

text:
The election officials shall file with the auditor the returns within ten days of the election, and at their next meeting the commissioners shall canvass the returns, and if a majority of the votes cast favor dissolution, the commissioners shall declare the election carried. All records of the district shall, upon demand, be delivered to the auditor.
[ 1951 c 237 s 6. Prior: 1899 c 102 s 6; RRS s 7536.]

catchline: Election returns, effect—Records to auditor.


title: RCW 87.53.070

text:
The auditor shall deliver to the county clerk a certified copy of the transcript of the proceedings of the commissioners on the matter together with a statement of the district's cash assets, segregated as to the bond fund and the total of all other funds, and a statement of the debts of the district as they appear on the records, taking into account any reduction in bond debt offered by the bondholders in their consent to dissolution; also a general inventory of the district property segregated only as to main classes, together with any offer for same submitted in the bondholders' consent to dissolution.
[ 1951 c 237 s 7. Prior: 1899 c 102 s 7; RRS s 7537.]

catchline: Transcript of proceedings—Financial statement.


title: RCW 87.53.080

text:
The clerk shall docket the proceedings entitled "In the matter of the dissolution of . . . . . . irrigation district," and the court shall direct the clerk to give notice thereof. The notice shall contain a general statement of the nature of the proceedings, and notify all persons having claims against the district to present them on or before a day specified therein, and shall be published once a week for at least six weeks in a newspaper of general circulation in the county. Any claim not so filed shall be barred.
[ 1985 c 469 s 91; 1951 c 237 s 8. Prior: 1899 c 102 s 8; RRS s 7538.]
Notes:
Official paper for publication: RCW 87.03.020.

catchline: Proceedings docketed in court—Notice to file claims—Claims barred, when.


title: RCW 87.53.090

text:
If the court finds that the provisions of this chapter have been complied with, it shall then determine the validity and amount of the claims so filed. No claim barred by the statute of limitations shall be allowed. It shall separately determine the validity and amount of outstanding bonds with accrued interest, making allowances for any offer of adjustments contained in the bondholders' consent to dissolution, and shall order that all cash in the district's bond fund together with the proceeds from a sale of all the property and rights of the district shall be first applied to the redemption of outstanding bonds with interest; that other cash funds of the district be applied on payment of valid unsecured claims, and the remainder on the redemption of any balance of outstanding bonds with interest. The court shall further order that in the event the district's cash funds together with proceeds from the sale of district property and rights shall prove insufficient to discharge all valid obligations of the district, one or more annual assessments shall be made against the assessable property in the district, as herein provided, sufficient in amounts to discharge all valid debt. The district or any person affected by the judgment may appeal therefrom within ten days of the entry of judgment.
[ 1951 c 237 s 9. Prior: 1899 c 102 s 9; RRS s 7539.]

catchline: Determination of claims—Court order—Appeal.


title: RCW 87.53.100

text:
Upon the entry of final judgment, the court shall issue an order appointing a trustee for the district and shall deliver to him or her a certified copy of the order. The court shall fix the compensation of the trustee and the amount of his or her bond to be obtained at the cost of the district.
[ 2013 c 23 s 520; 1951 c 237 s 10. Prior: 1899 c 102 s 10, part; RRS s 7540, part.]

catchline: Trustee—Appointment—Compensation—Bond.


title: RCW 87.53.110

text:
The trustee shall give notice that all the property and rights of the district, except property in the district sold for taxes or district assessments, will be sold pursuant to order of the court. The notice shall be given in the same manner and for the same time as for sale of real property on execution, except that it need not be posted.
The sale shall be made at public auction at the front door of the courthouse and may be adjourned from time to time not exceeding three weeks in all, by public announcement at the time and place of the sale.
Any claim established by the previous judgment of the court or any securities of the district may be accepted at face value on the purchase price: PROVIDED, That any offer made in the bondholders' written consent to dissolution shall be considered a bid and shall be accepted in the absence of a better offer. No bid shall be considered nor shall any sale be made for less than all the property and rights of the district. The trustee shall forthwith disburse the cash funds of the district in accordance with the order of the court.
[ 1951 c 237 s 11. Prior: 1899 c 102 s 10, part; RRS s 7540, part.]
Notes:
Executions: Chapter 6.17 RCW.

catchline: Sale of district assets.


title: RCW 87.53.120

text:
The trustee shall file with the clerk a report of the disposition made of the cash funds and of the sale and if the court finds the sale was fairly conducted, it shall enter an order confirming the sale, and the trustee shall execute and deliver to the purchaser an instrument conveying to him or her all property and rights of the district, free from all claims of the district or its creditors, which shall entitle the purchaser to immediate possession.
[ 2013 c 23 s 521; 1951 c 237 s 12. Prior: 1899 c 102 s 11; RRS s 7541.]

catchline: Report of sale—Rights of purchasers.


title: RCW 87.53.130

text:
Upon verification of the disposition of the cash funds and confirmation of the sale the court shall enter an order dissolving the district and discharging the trustee, and a certified copy of the order shall be recorded in the office of the auditor. Thereupon the district shall cease to exist, except for the purpose of collecting its indebtedness. All records of the proceedings shall be delivered to the auditor.
[ 1951 c 237 s 13. Prior: 1899 c 102 s 13; RRS s 7543.]

catchline: Order of dissolution—Effect.


title: RCW 87.53.140

text:
Upon the dissolution of the district the county commissioners shall determine from the records the remaining bond and other indebtedness of the district, and shall determine the proper number of annual assessments, not over five, necessary to discharge the debt. They shall cause the county assessor to prepare the annual assessment roll for the lands in the district, based upon the acreages shown on the last district assessment roll. The commissioners shall levy annual assessments, not exceeding five, upon all property in the district assessed for the bond fund on the district's last assessment roll and according to the ratios of benefits there shown, sufficient to pay any remaining claims, including bonds. They shall levy and equalize the assessments, after the same notice of hearing as are required of district directors on irrigation assessments. The county auditor shall perform the duties of the secretary of the district and the county treasurer shall be ex officio treasurer of the district and shall collect the assessments. In all other respects the general irrigation district laws shall govern.
Any funds remaining after all assessments have been collected and all indebtedness and costs liquidated shall be paid over to the bondholders in cases where they have accepted a compromise settlement. Otherwise the surplus shall be distributed as by law provided.
[ 1951 c 237 s 14. Prior: 1899 c 102 s 12; RRS s 7542.]
Notes:
General irrigation district laws: Chapter 87.03 RCW.

catchline: Assessments for unpaid obligations.


title: RCW 87.53.150

text:
Whenever any bonds of the district are held in the state reclamation revolving account, and, in the opinion of the director of ecology, the district is or will be unable to meet its obligations, and that the state's investment can be best preserved by the dissolution of the district the director may give his or her consent to dissolution under such stipulations and adjustments of the indebtedness as he or she deems best for the state.
[ 2013 c 23 s 522; 1988 c 127 s 62; 1951 c 237 s 15.]

catchline: State's consent to dissolution.


title: RCW 87.56.001

text:
Actions taken under chapter 87.56 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW.
[ 1989 c 84 s 69.]

catchline: Actions subject to review by boundary review board.


title: RCW 87.56.010

text:
In all instances where fifty percent of the acreage within an irrigation district has been sold to the district on account of delinquent district assessments, and more than one year has elapsed since the sale of said property to the district without redemption by the owners thereof, and the district is unable to raise sufficient revenue to meet its obligations when the same become due and payable, such district shall be deemed insolvent and the district board shall have authority to call an election in the district to determine whether the district shall discontinue operation and dissolve: PROVIDED, That in case there are bonds of the district outstanding, written consent of the holders of at least fifty-one percent in amount of such outstanding bonds shall be obtained by the district board before calling said election: PROVIDED, FURTHER, That if any portion of such outstanding bonds are owned by the state of Washington the board of directors of such district shall give written notice to the director of ecology of the intention of the board of directors to call such election, and unless the director of ecology shall sign written objection to the calling of such election within ten days after the giving of such notice the state shall be deemed as consenting thereto.
Said election shall be called, shall be conducted and the results canvassed in the same manner substantially provided by law for a bond election in the district.
[ 1988 c 127 s 63; 1931 c 60 s 11; 1925 ex.s. c 124 s 1; RRS s 7543-1.]
Notes:
Bonds, election for: RCW 87.03.200.

catchline: When district insolvent—Election to dissolve.


title: RCW 87.56.020

text:
If a majority of the votes cast at said election is in favor of dissolution of the district, the district board shall institute an action in the superior court of the county in which the office of the board is located to determine the indebtedness of the district and to adopt a plan of appropriating the available resources of the district to the satisfaction of such indebtedness as in this chapter provided.
[ 1925 ex.s. c 124 s 2; RRS s 7543-2.]

catchline: Majority vote—Action for dissolution.


title: RCW 87.56.030

text:
The superior court in the exercise of its jurisdiction in matters of this kind shall have full authority to determine the indebtedness of the district and to determine the status and priorities thereof in accordance with the laws of the state relating to irrigation districts, shall have power to apportion the obligation of such indebtedness against the district and the several lands included therein; the court may award process and cause to come before it all persons whom it may deem necessary to examine and have and cause to be issued all such writs as may be proper or necessary, and do all things proper or incidental to the exercise of such jurisdiction.
[ 1925 ex.s. c 124 s 3; RRS s 7543-3.]

catchline: Powers of court.


title: RCW 87.56.040

text:
Such action shall be one in rem and personal service of process shall not be required to be made on any interested person: PROVIDED, That the court shall be authorized in proper instances to order issuance and personal service of process specifying such time for appearance as the court shall require, AND PROVIDED FURTHER, That any owner of land within the district or any creditor of the district or their respective attorneys may file with the receiver provided for in this chapter, a written request that his or her name and address be placed on the receiver's mailing list and thereafter the receiver shall mail to such person at his or her given address at least ten days' written notice of all subsequent hearings before the court. Personal service of said notice may be made in any instance in lieu of mailing at the option of the receiver.
[ 2013 c 23 s 523; 1925 ex.s. c 124 s 4; RRS s 7543-4.]

catchline: Service of process.


title: RCW 87.56.050

text:
The complaint in said action shall recite the holding of the election and the result thereof and shall give in general terms a summary of the district assets and the amount and character of its obligations and the maturities thereof; shall state that the district desires to discontinue operation and dissolve its corporate existence and shall pray that the court take the necessary steps to effect such an object.
[ 1925 ex.s. c 124 s 5; RRS s 7543-5.]

catchline: Complaint—Contents.


title: RCW 87.56.060

text:
The court shall thereupon fix a time and place for a hearing of the complaint and notice of the hearing shall be published once a week for two successive weeks in a newspaper of general circulation in each county in which any lands in the district are located.
[ 1985 c 469 s 92; 1925 ex.s. c 124 s 6; RRS s 7543-6. FORMER PART OF SECTION: 1925 ex.s. c 124 s 7; RRS s 7543-7, now codified as RCW 87.56.065.]

catchline: Notice of hearing—Publication.


title: RCW 87.56.065

text:
At the time and place fixed in the notice the court shall hear the objections of interested persons and shall determine whether the district is insolvent within the provisions of this chapter and whether the district shall be dissolved. If the court concludes that the district shall not dissolve, the court shall so find and dismiss the action. If the court concludes that the district should be dissolved, the court shall appoint a receiver to take charge of the district assets and to perform such other duties as may be required by the court or by law.
[ 2004 c 165 s 45; 1925 ex.s. c 124 s 7; RRS s 7543-7. Formerly RCW 87.56.060, part.]
Notes:
Purpose—Captions not law—2004 c 165: See notes following RCW 7.60.005.

catchline: Hearing—Decree—Receiver.


title: RCW 87.56.100

text:
If the owner or holder of a claim of indebtedness against the district not yet due or matured files a claim in any case in which a receiver is appointed under RCW 87.56.065, the maturity of the indebtedness owing to the person by the district shall be accelerated to such date as the court shall determine upon.
[ 2004 c 165 s 46; 1925 ex.s. c 124 s 12; RRS s 7543-12.]
Notes:
Purpose—Captions not law—2004 c 165: See notes following RCW 7.60.005.

catchline: Unmatured claims—Acceleration.


title: RCW 87.56.160

text:
In the execution of a plan of liquidation, the court shall have authority to order the sale of any or all of the district property or the exchange of any of the district property for any evidence of district indebtedness in accordance with the rights of the district and of all the creditors concerned, and if upon the exhaustion of the district property in the payment of the district indebtedness including the costs of dissolution and receivership proceedings, any district indebtedness remain undischarged, the court shall have authority to order district assessments against the lands included within the operation of the district to continue to be made in accordance with the rights of the persons interested in the manner provided by law to pay the remaining indebtedness until sufficient revenue has been raised to pay fully all the obligations of the district.
[ 1925 ex.s. c 124 s 21; RRS s 7543-21.]
Notes:
Assessments, levies: RCW 87.03.240 through 87.03.305.

catchline: Liquidation—Assessments to pay remaining debts.


title: RCW 87.56.170

text:
Upon stipulation of the owners of lands within the district, and holders of bond liens against said lands, and the district creditors concerned, the court shall have authority in such proceedings in lieu of the plan of liquidation set forth in RCW 87.56.160, to determine the amount of the district indebtedness remaining after the exhaustion of the district property and the proportion thereof which each ownership of land within the district shall be obligated to pay, and judgment may be rendered in favor of the respective creditors against the several lands concerned. Said judgment may in the discretion of the court provide that the payment thereof shall be made by the landowners in one or more annual installments not to exceed ten in all with annual interest on all unpaid installments at such rate as the court shall fix not in excess of the rate to which the respective creditors may be entitled in their original evidences of indebtedness.
[ 1925 ex.s. c 124 s 22; RRS s 7543-22. FORMER PART OF SECTION: 1925 ex.s. c 124 s 27; RRS s 7543-27, now codified as RCW 87.56.205.]
Notes:
Prerequisite to judgment upon stipulation: RCW 87.56.205.

catchline: Judgment upon stipulation—Payment.


title: RCW 87.56.180

text:
The judgment shall also name a trustee to be nominated by the creditors representing a majority of the indebtedness who shall give bond conditioned for the faithful performance of his or her duties and the strict accounting of all funds received by him or her in such amount as the court shall determine, and who shall have authority to receive payment on account of said judgment and to satisfy said judgment against the several lands at the time payment thereon is made by the landowners in proportion to the amount of said payment. When any landowner shall make full payment of the amount of the judgment apportioned against his or her land, he or she shall be entitled to full satisfaction thereof of record.
[ 2013 c 23 s 524; 1925 ex.s. c 124 s 23; RRS s 7543-23.]

catchline: Trustee for creditors—Bond—Duties.


title: RCW 87.56.190

text:
In case any landowner fails to pay the judgment against his or her land or any installment thereof, when the same shall become due and payable, said judgment may be enforced by the trustee named in the decree in the manner provided by law for the enforcement of judgments in the superior court, and the costs of execution and sale shall be charged to the defaulting land.
[ 2013 c 23 s 525; 1925 ex.s. c 124 s 24; RRS s 7543-24.]
Notes:
Enforcement of judgments: Title 6 RCW.

catchline: Enforcement of judgment.


title: RCW 87.56.200

text:
The trustee named in the decree shall make distribution of all funds collected on account of said decree in such manner as the creditors shall agree upon, or in case of disagreement, then in such manner as the court shall direct, and jurisdiction of the court in the dissolution proceedings shall continue until full disbursement of funds collected on account of said judgment has been made to the judgment creditors.
[ 1925 ex.s. c 124 s 25; RRS s 7543-25.]

catchline: Distribution of funds—Court to retain jurisdiction.


title: RCW 87.56.203

text:
The trustee named in the decree shall receive such compensation for his or her services as the court shall determine to be paid at such times as the court shall fix from funds collected on account of said judgment.
[ 2013 c 23 s 526; 1925 ex.s. c 124 s 26; RRS s 7543-26. Formerly RCW 87.56.220.]

catchline: Compensation of trustee.


title: RCW 87.56.205

text:
Before the court shall enter judgment upon stipulation of the parties as in this chapter provided, the creditors concerned shall file all evidences of district indebtedness held by them into the registry of the court to be held subject to the order of the court.
[ 1925 ex.s. c 124 s 27; RRS s 7543-27. Formerly RCW 87.56.170, part.]
Notes:
Judgment upon stipulation—Payment: RCW 87.56.170.


title: RCW 87.56.210

text:
If the judgment rendered by the court, upon stipulation, be not appealed from as in this chapter provided and the time for appeal has expired, or having been appealed from has been finally determined upon appeal, the court shall upon application of the receiver, order all evidences of indebtedness filed in the registry of the court under the provisions relating to judgment upon stipulation to be delivered to the office of the county treasurer, who shall have authority and it shall be his or her duty to cancel the same, and said evidences of indebtedness shall thereafter cease to be obligations of the district, and the district thereafter shall be discharged of said indebtedness.
[ 2013 c 23 s 527; 1925 ex.s. c 124 s 28; RRS s 7543-28.]

catchline: Judgment upon stipulation—Evidences of indebtedness to be canceled.


title: RCW 87.56.225

text:
Any interested person feeling aggrieved at the judgment of the superior court dismissing the proceedings or determining the indebtedness of the district and the status and priority thereof and determining the plan of liquidation, may seek appellate review of such judgment in the same manner as in other cases in equity, except that notice of appeal must be both served and filed within sixty days from the entry thereof.
[ 1988 c 202 s 89; 1971 c 81 s 174; 1925 ex.s. c 124 s 29; RRS s 7543-29. Formerly RCW 87.56.250.]
Notes:
Severability—1988 c 202: See note following RCW 2.24.050.

catchline: Appellate review.


title: RCW 87.56.230

text:
When all district indebtedness has been discharged as in this chapter provided, and all expenses of the dissolution proceedings have been paid, the receiver shall report such fact to the court with a full account of all assets and moneys received and disbursed. The court shall examine said report and if found satisfactory shall approve the same; shall order any funds remaining after the payment of all indebtedness apportioned to the several owners of land within the district in accordance with the ratio of the last assessment roll of the district, and shall enter a decree dissolving and annulling the district, which shall thereafter cease to exist as a corporate entity.
[ 1925 ex.s. c 124 s 30; RRS s 7543-30.]

catchline: Final report of receiver—Apportionment of excess assets—Decree of dissolution.


title: RCW 87.56.240

text:
A copy of said decree shall be filed for record forthwith by the receiver in the office of the county auditor and in the office of the county assessor, of the counties in which any of the lands within the district are situated, and said decree shall be recorded by each of said offices without charge of fee.
[ 1925 ex.s. c 124 s 31; RRS s 7543-31.]

catchline: Decree to be filed in each county.


title: RCW 87.56.900

text:
This chapter is designed to provide an alternative method for the dissolution of irrigation districts and shall not be deemed to repeal any other statute or statutes.
[ 1925 ex.s. c 124 s 32; RRS s 7543-32.]

catchline: Chapter alternative method—Saving.


title: RCW 87.56.910

text:
Nothing in this chapter contained shall be construed to enlarge, abridge, modify or otherwise affect the rights, privileges or obligations of solvent districts, the lands therein or creditors thereof.
[ 1925 ex.s. c 124 s 33; RRS s 7543-33.]

catchline: Construction—1925 ex.s. c 124.


title: RCW 87.64.010

text:
Whenever the state shall now or hereafter own, the entire issue of the bonds of any irrigation, diking or drainage district, and in the judgment of the director of ecology such district is, or will be, unable to meet its obligations to the state as they mature, and in the judgment of the director of ecology the investment of the state can be made more secure by extending, without refunding, the time of payment of any or all said bonds and interest payments, or by the exchange of the bonds held by the state for refunding bonds of such district issued as in the manner provided by law at the same or a lower rate of interest and/or for a longer term, or by the cancellation of a portion of the bonds held by the state and/or interest accrued thereon, and the exchange of the remaining bonds held by the state for the refunding bonds of the district issued in the manner provided by law at the same or a lower rate of interest and/or for the same or a longer term, the director of ecology shall be and is hereby authorized and empowered to enter into contract with the district so extending the time of payment of said bonds and interest payments, without refunding or to so exchange the bonds held by the state for such refunding bonds or to cancel a portion of the bonds held by the state and/or interest accrued thereon, and exchange the remaining bonds held by the state for such refunding bonds as in his or her judgment will be for the best interest of the state.
[ 2013 c 23 s 528; 1983 c 167 s 243; 1941 c 39 s 1; 1929 c 121 s 2; Rem. Supp. 1941 s 7530-41. FORMER PART OF SECTION: 1941 c 39 s 3, part, last am'ds 1929 c 121 s 3; Rem. Supp. 1941 s 7530-42, part, now codified in RCW 87.64.020.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Dissolution: Chapter 87.53 RCW.
Refunding bonds: Chapters 87.19 and 87.22 RCW.

catchline: State authorized to adjust indebtedness—When state owns entire bond issue.


title: RCW 87.64.020

text:
Whenever the state shall, now or hereafter, own a portion of the bonds of any irrigation, diking, or drainage district, and in the judgment of the director of ecology such district is, or will be, unable to meet its obligations as they mature, and in the judgment of the director of ecology the investment of the state can be made more secure by extending, without refunding, the time of payment of any or all said bonds and interest payments or by exchanging the bonds held by the state for the refunding bonds of the district issued in the manner provided by law at the same or a lower rate of interest and/or for a longer term, or by the cancellation of a portion of the bonds held by the state and/or interest accrued thereon, and the exchange of the remaining bonds held by the state for the refunding bonds of the district issued in the manner provided by law at the same or a lower rate of interest and/or for a longer term, the director of ecology shall be and is hereby authorized and empowered to enter into contract with the district so extending the time of payment of said bonds and interest payments, without refunding, or to so exchange the bonds held by the state for such refunding bonds or to cancel a portion of the bonds held by the state and/or interest accrued thereon, and exchange the remaining bonds held by the state for such refunding bonds as in his or her judgment will be for the best interest of the state: PROVIDED, That the owners of at least ninety percent of all the other bonds of said district shall make and execute the same arrangement with the district: AND PROVIDED FURTHER, That when, in addition to owning a portion of the first issue of bonds of any such irrigation, diking, or drainage district, the state also owns all the outstanding second issue of bonds of such district, the director of ecology shall be and he or she is hereby authorized and empowered to surrender and cancel said second issue of bonds held by the state upon whatsoever terms and conditions he or she shall deem to the best interest of the state: AND PROVIDED FURTHER, That whenever the owners of at least ninety percent of all other bonds of such district and/or other evidences of indebtedness are willing to release their existing obligations against said district and to substitute therefor a contract to pay such existing indebtedness in whole or in part from the proceeds of the sale of lands owned by the district at the time of such settlement, or acquired by the district through levies then existing, the director of ecology shall be and he or she is hereby authorized and empowered to cancel the bonds held by the state upon whatsoever terms that he or she shall deem most beneficial for the state, or if deemed beneficial to the state, he or she may release the state's bonds and join with the other holders in the above mentioned contract for the sale of the district land as hereinbefore stated: AND PROVIDED FURTHER, That the director of ecology be and he or she is hereby authorized to accept in any settlement made under this chapter, refunding bonds of any irrigation district that may be issued in accordance with chapter 87.22 RCW, or any amendment thereto, and he or she is hereby authorized, when in his or her judgment it is to the interest of the state, to participate in the refunding of bonds of an irrigation district held under said chapter 87.22 RCW, or any amendment thereto.
[ 2013 c 23 s 529; 1983 c 167 s 244; 1941 c 39 s 3; 1931 c 43 s 1; 1929 c 121 s 3; Rem. Supp. 1941 s 7530-42. Formerly RCW 87.64.010, part, 87.64.020, and 87.64.030.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: State authorized to adjust indebtedness—When state owns part of bond issue.


title: RCW 87.64.040

text:
Whenever the department of ecology shall have heretofore entered, or shall hereafter enter, into a contract with an irrigation, diking, or drainage district and shall have expended moneys under said contract, and said district shall be indebted to the state for the moneys so expended, and in the judgment of the director of ecology said district shall have not received benefits equal to the amount of said indebtedness, the director of ecology shall be and is hereby authorized and empowered to settle and compromise the claim of the state against said district upon such terms and for such an amount as he or she shall deem fair and just to the state and the district.
[ 2013 c 23 s 530; 1988 c 127 s 64; 1941 c 39 s 2; 1929 c 121 s 4; Rem. Supp. 1941 s 7530-43.]

catchline: Claim for moneys expended may be settled and compromised.


title: RCW 87.64.060

text:
Whenever the director of ecology shall find any irrigation district is, or will be unable to meet its obligations and that refunding operations under this chapter are necessary, and that as a part of such refunding operations the cancellation of assessments and county taxes on the irrigation system and the irrigable lands in such district then delinquent, is necessary, the board of county commissioners of the county in which such irrigation district is situated may, upon request of the director of ecology, cancel any or all delinquent assessments and county taxes levied upon the irrigable lands in such district and all county taxes levied upon the irrigation system of such district, if such board shall find that such irrigation district is or will be unable to meet its obligations and such refunding operations are necessary, of which the report of the director of ecology shall be prima facie evidence.
[ 1988 c 127 s 65; 1929 c 121 s 5; RRS s 7530-44.]

catchline: Cancellation of district's assessments and taxes.


title: RCW 87.64.070

text:
Any irrigation, diking or drainage district now or hereafter coming within the provisions of this chapter shall be and it is hereby authorized and empowered to enter into contracts, issue evidences of indebtedness and otherwise carry out on its part the provisions of this chapter.
[ 1941 c 39 s 4; Rem. Supp. 1941 s 7530-45. Formerly RCW 87.64.050.]

catchline: Powers of district.