title: RCW 87.03.010

text:
An irrigation district may be organized or maintained for any or all the following purposes:
(1) The construction or purchase of works, or parts of same, for the irrigation of lands within the operation of the district.
(2) The reconstruction, repair or improvement of existing irrigation works.
(3) The operation or maintenance of existing irrigation works.
(4) The construction, reconstruction, repair or maintenance of a system of diverting conduits from a natural source of water supply to the point of individual distribution for irrigation purposes.
(5) The execution and performance of any contract authorized by law with any department of the federal government or of the state of Washington, for reclamation and irrigation purposes.
(6) The performance of all things necessary to enable the district to exercise the powers herein granted.
[1923 c 138 s 2, part; RRS s 7417-1. Formerly RCW 87.01.010.]

catchline: Certain purposes for which district may be formed.


doc_type: statute

jurisdiction: wa

title: RCW 87.03.013

text:
The legislature finds that a significant potential exists for the development of the hydroelectric generation capabilities of present and future irrigation systems serving irrigation districts. The legislature also finds that the development of such hydroelectric generation capabilities is beneficial to the present and future electrical needs of the citizens of the state of Washington, furthers a state purpose and policy, and is in the public interest. The legislature further finds that it is necessary to revise and add to the authority of irrigation districts to obtain the most favorable interest rates possible in the financing of irrigation district projects which serve the agricultural community and hydroelectric facilities. It is the intent of the legislature to provide irrigation districts with the authority to develop these hydroelectric generation capabilities in connection with irrigation facilities. Further, it is the intent of the legislature that the development of hydroelectric generation capabilities pursuant to *this 1979 act not become the sole purpose or function of irrigation districts in existence on May 14, 1979, nor become a major function of irrigation districts created after that date. Nothing herein shall authorize an irrigation district to sell electric power or energy to any municipal corporation not engaged in the distribution of electric power or energy.
[ 1979 ex.s. c 185 s 1.]
Notes:
*Reviser's note: For codification of "this 1979 act" [1979 ex.s. c 185], see Codification Tables.
Effective date—1979 ex.s. c 185: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately." [ 1979 ex.s. c 185 s 24.] Because of this emergency section the effective date of 1979 ex.s. c 185 was May 14, 1979.
Severability—1979 ex.s. c 185: "If any provision of this 1979 act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1979 ex.s. c 185 s 23.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Development of hydroelectric generation capabilities—Legislative finding, intent—Limitation.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 87.03.015

text:
(1) Any irrigation district, operating and maintaining an irrigation system, in addition to other powers conferred by law, shall have authority:
(a) To purchase and sell electric power to the inhabitants of the irrigation district for the purposes of irrigation and domestic use; to finance, acquire, construct, own, and lease dams, canals, plants, transmission lines, and other power equipment and the necessary property and rights therefor and to operate, improve, repair, and maintain the same, for the generation and transmission of electrical energy for use in the operation of pumping plants and irrigation systems of the district and for sale to the inhabitants of the irrigation district for the purposes of irrigation and domestic use; and, as a further and separate grant of authority and in furtherance of a state purpose and policy of developing hydroelectric capability in connection with irrigation facilities, to construct, finance, acquire, own, lease, operate, improve, repair, and maintain, alone or jointly with other irrigation districts, boards of control, municipal or quasi-municipal corporations or cooperatives authorized to engage in the business of distributing electricity, electrical companies subject to the jurisdiction of the utilities and transportation commission, private commercial or industrial entities that construct or operate electric power generation or transmission facilities, or private commercial or industrial entities that acquire electric power for their own use or resale, hydroelectric facilities including but not limited to dams, canals, plants, transmission lines, other power equipment, and the necessary property and rights therefor, located within or outside the district, for the purpose of utilizing for the generation of electricity, water power made available by and as a part of the irrigation water storage, conveyance, and distribution facilities, waste ways, and drainage water facilities which serve irrigation districts, and to sell any and all the electric energy generated at any such hydroelectric facilities or the irrigation district's share of such energy, to municipal or quasi-municipal corporations or cooperatives authorized to engage in the business of distributing electricity, electrical companies subject to the jurisdiction of the utilities and transportation commission, private commercial or industrial entities that acquire electric power for their own use or resale, or other irrigation districts, and on such terms and conditions as the board of directors shall determine. No contract entered into under this subsection (1)(a) by the board of directors of any irrigation district for the sale of electrical energy from such hydroelectric facility for a period longer than forty years from the date of commercial operation of such hydroelectric facility shall be binding on the district until ratified by a majority vote of the electors of the district at an election therein, called, held, and canvassed for that purpose in the same manner as that provided by law for district bond elections.
(b) To construct, repair, purchase, maintain, or lease a system for the sale or lease of water to the owners of irrigated lands within the district for domestic purposes.
(c) To construct, repair, purchase, lease, acquire, operate and maintain a system of drains, sanitary sewers, and sewage disposal or treatment plants as herein provided.
(d) To assume, as principal or guarantor, any indebtedness to the United States under the federal reclamation laws, on account of district lands.
(e) To maintain, repair, construct, and reconstruct ditches, laterals, pipe lines, and other water conduits used or to be used in carrying water for irrigation of lands located within the boundaries of a city or town, or for the domestic use of the residents of a city or town where the owners of land within such city or town shall use such works to carry water to the boundaries of such city or town for irrigation, domestic, or other purposes within such city or town, and to charge to such city or town the pro rata proportion of the cost of such maintenance, repair, construction, and reconstruction work in proportion to the benefits received by the lands served and located within the boundaries of such city or town, and if such cost is not paid, then and in that event said irrigation district shall have the right to prevent further water deliveries through such works to the lands located within the boundaries of such city or town until such charges have been paid.
(f) To acquire, install, and maintain as a part of the irrigation district's water system the necessary water mains and fire hydrants to make water available for firefighting purposes; and in addition any such irrigation district shall have the authority to repair, operate, and maintain such hydrants and mains.
(g) To enter into contracts with other irrigation districts, boards of control, municipal or quasi-municipal corporations or cooperatives authorized to engage in the business of distributing electricity, electrical companies subject to the jurisdiction of the utilities and transportation commission, private commercial or industrial entities that construct or operate electric power generation or transmission facilities, or private commercial or industrial entities that acquire electric power for their own use or resale, to jointly finance, acquire, lease, construct, own, operate, improve, repair, and maintain irrigation water, domestic water, drainage and sewerage works, and electrical power works to the same extent as authorized by (a) of this subsection, or portions of such works. If an irrigation district enters into a contract or agreement under this subsection (1)(g) to create a legal entity or undertaking with an investor-owned utility or a private commercial or industrial entity, that contract or agreement must provide that the irrigation district be severally liable only for its own acts and not jointly or severally liable for the acts, omissions, or obligations of an investor-owned utility or a private commercial or industrial entity. No money or property supplied by any irrigation district for the planning, financing, acquisition, construction, operation, or maintenance of any common facility may be credited or otherwise applied to the account of any investor-owned utility or private commercial or industrial entity therein, nor may the undivided share of any irrigation district in any common facility be charged, directly or indirectly, with any debt or obligation of any investor-owned utility or private commercial or industrial entity or be subject to any lien as a result thereof. No action in connection with a common facility may be binding upon any irrigation district unless authorized or approved by resolution of its board.
(h) To acquire from a water-sewer district wholly within the irrigation district's boundaries, by a conveyance without cost, the water-sewer district's water system and to operate the same to provide water for the domestic use of the irrigation district residents. As a part of its acceptance of the conveyance the irrigation district must agree to relieve the water-sewer district of responsibility for maintenance and repair of the system. Any such water-sewer district is authorized to make such a conveyance if all indebtedness of the water-sewer district, except local improvement district bonds, has been paid and the conveyance has been approved by a majority of the water-sewer district's voters voting at a general or special election.
(i) To approve and condition placement of hydroelectric generation facilities by entities other than the district on water conveyance facilities operated or maintained by the district.
(2) An irrigation district providing electric or water utility service to residential customers may not effect, due to lack of payment, an involuntary termination of utility service to any residential users, including tenants of metered apartment buildings and residents of mobile homes, on any day for which the national weather service has issued or has announced that it intends to issue a heat-related alert, such as an excessive heat warning, a heat advisory, an excessive heat watch, or a similar alert, for the area in which the residential user's address is located.
(a)(i) A residential user at whose dwelling electric or water utility service has been disconnected for lack of payment may request that the irrigation district reconnect service on any day for which the national weather service has issued or has announced that it intends to issue a heat-related alert, such as an excessive heat warning, a heat advisory, an excessive heat watch, or a similar alert, for the area in which the residential user's address is located. The irrigation district shall inform all customers in the notice of disconnection of the ability to seek reconnection and provide clear and specific information on how to make that request, including how to contact the irrigation district.
(ii) Upon receipt of a request made pursuant to (a)(i) of this subsection, the irrigation district shall promptly make a reasonable attempt to reconnect service to the dwelling. The irrigation district, in connection with a request made pursuant to (a)(i) of this subsection, may require the residential user to enter into a payment plan prior to reconnecting service to the dwelling. If the irrigation district requires the residential user to enter into a repayment plan, the repayment plan must comply with (b) of this subsection.
(b) A repayment plan required by an irrigation district pursuant to (a)(ii) of this subsection will be designed both to pay the past due bill by the following May 15th, or as soon as possible after May 15th if needed to maintain monthly payments that are no greater than six percent of the customer's monthly income, and to pay for continued utility service. The plan may not require monthly payments in excess of six percent of the customer's monthly income. A customer may agree to pay a higher percentage during this period, but will not be in default unless payment during this period is less than six percent of the customer's monthly income. If assistance payments are received by the customer subsequent to implementation of the plan, the customer shall contact the irrigation district to reformulate the plan.
(3) Each irrigation district with retail electric customers is encouraged to use any savings resulting from the removal of reporting requirements in chapter 137, Laws of 2026 for low-income energy assistance.
(4) This section shall not be construed as in any manner abridging any other powers of an irrigation district conferred by law.
[ 2026 c 137 s 9; 2023 c 105 s 7; 2017 c 63 s 1; 2014 c 2 s 6; 1999 c 153 s 74; 1979 ex.s. c 185 s 2; 1967 c 206 s 1; 1965 c 141 s 1; 1943 c 57 s 1; 1941 c 143 s 1; 1933 c 31 s 1; 1923 c 138 s 2, part; RRS s 7417-2. Formerly RCW 87.01.210, part.]
Notes:
Part headings not law—1999 c 153: See note following RCW 57.04.050.
Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013.
District bond elections: RCW 87.03.200.
Heating systems authorized: RCW 35.97.020.
Prerequisite to furnishing water or power outside of district: RCW 87.03.115.

catchline: Certain powers of district enumerated—Heat-related alert limitations.


title: RCW 87.03.0155

text:
(1) An irrigation district may enter into any contract or agreement with, or form a separate legal entity with, one or more of the entities or utilities specified in subsection (3) of this section for any of the following purposes:
(a) Purchasing and selling electric power;
(b) Developing or owning, or both, electric power generating or transmitting facilities, or both, including, but not limited to, facilities for generating or transmitting electric power generated by water, wind, solar power, thermal power, or batteries; and
(c) Developing or owning, or both, water storage, pumping, and transmission facilities.
(2) The contract or agreement may provide:
(a) For purchasing the capability of a project to produce or transmit electric power, in addition to actual output of a project;
(b) For making payments whether or not a project is completed, operative, or operating, and notwithstanding the suspension, interruption, interference, reduction, or curtailment of output or use of a project or the use, power, and energy contracted for or agreed to;
(c) That payments are not subject to reduction, whether by offset or otherwise; and
(d) That performance is not conditioned upon performance or nonperformance of any party or entity.
(3) Pursuant to authority granted under this section, irrigation districts may contract or enter into agreements with one or more:
(a) Agencies of the United States government;
(b) States;
(c) Municipalities;
(d) Public utility districts;
(e) Irrigation districts;
(f) Joint operating agencies;
(g) Rural electric cooperatives;
(h) Mutual corporations or associations;
(i) Investor-owned utilities;
(j) Private commercial or industrial entities that construct or operate electric power generation or transmission facilities;
(k) Private commercial or industrial entities that acquire electric power for their own use or resale; or
(l) Associations or legal entities composed of any such entities or utilities.
(4) If an irrigation district enters into a contract or agreement under this section to create a legal entity or undertaking with an investor-owned utility or a private commercial or industrial entity, that contract or agreement must provide that the irrigation district be severally liable only for its own acts and not jointly or severally liable for the acts, omissions, or obligations of an investor-owned utility or a private commercial or industrial entity. No money or property supplied by any irrigation district for the planning, financing, acquisition, construction, operation, or maintenance of any common facility may be credited or otherwise applied to the account of any investor-owned utility or private commercial or industrial entity therein, nor may the undivided share of any irrigation district in any common facility be charged, directly or indirectly, with any debt or obligation of any investor-owned utility or private commercial or industrial entity or be subject to any lien as a result thereof. No action in connection with a common facility may be binding upon any irrigation district unless authorized or approved by resolution of its board.
(5) This section may not be construed in any manner that abridges any other powers of an irrigation district conferred by law.
[ 2017 c 63 s 2; 2009 c 145 s 4.]

catchline: Contract and formation powers.


title: RCW 87.03.016

text:
In addition to other powers conferred by law, an irrigation district is authorized to construct, purchase, lease, or otherwise acquire, maintain, and operate a system for lighting public streets and highways and to enter into a contract or contracts with electric utilities, either public or private, to provide that service. However, no contract entered into by the board for providing street lighting for a period exceeding ten years is binding upon the district unless ratified by a majority vote of the electors of the district at an election called, held, and canvassed for that purpose in the same manner as provided by law for district bond elections.
The authority granted by this section applies only to an irrigation district that has begun the construction, purchase, lease, or acquisition of a street lighting system by January 1, 1984, or has entered into a contract for that service by that date.
[ 1984 c 168 s 1.]

catchline: District may provide street lighting—Limitations.


title: RCW 87.03.017

text:
Any irrigation district engaged in the distribution of energy is hereby authorized, within limits established by the Constitution of the state of Washington, to assist the owners of residential structures in financing the acquisition and installation of materials and equipment, for compensation or otherwise, for the conservation or more efficient use of energy in such structures pursuant to an energy conservation plan adopted by the irrigation district if the cost per unit of energy saved or produced by the use of such materials and equipment is less than the cost per unit of energy produced by the next least costly new energy resource which the irrigation district could acquire to meet future demand. Except where otherwise authorized, such assistance shall be limited to:
(1) Providing an inspection of the residential structure, either directly or through one or more inspectors under contract, to determine and inform the owner of the estimated cost of purchasing and installing conservation materials and equipment for which financial assistance will be approved and the estimated life-cycle savings in energy costs that are likely to result from the installation of such materials or equipment.
(2) Providing a list of businesses who sell and install such materials and equipment within or in close proximity to the service area of the irrigation district, each of which businesses shall have requested to be included and shall have the ability to provide the products in a workmanlike manner and to utilize such materials in accordance with the prevailing national standards.
(3) Arranging to have approved conservation materials and equipment installed by a private contractor whose bid is acceptable to the owner of the residential structure and verifying such installation.
(4) Arranging or providing financing for the purchase and installation of approved conservation materials and equipment. Such materials and equipment shall be purchased from a private business and shall be installed by a private business or the owner.
(5) Pay back shall be in the form of incremental additions to the utility bill, billed either together with use charge or separately. Loans shall not exceed two hundred forty months in length.
[ 2010 1st sp.s. c 4 s 2; 1982 c 42 s 1. Prior: 1981 c 345 s 3.]

catchline: District may assist residential owners in financing for conservation of energy—When—Plan—Limitations.


title: RCW 87.03.0175

text:
(1) Any irrigation district organized under this chapter may, for compensation, reimbursement, or otherwise, within limits established by the state Constitution, assist the owners of land receiving water distributed by the irrigation district or discharging, with the district's approval, water from the land into irrigation district-maintained facilities to finance, acquire, install, lease, and use equipment, fixtures, programs, and systems to conserve, improve, preserve, and efficiently use the land, water delivered by the irrigation district, or water discharged from the land into irrigation district-maintained facilities. Assistance may include, but is not limited to, grants, loans, and financing to purchase, lease, install, and use approved conservation, improvement, and preservation equipment, fixtures, programs, and systems. The equipment, fixtures, programs, and systems may be leased, purchased, or installed by a private business, the owner of the land, or the irrigation district. "Conserve," "improve," and "preserve" as used in this section, include enhancing the quality of water delivered by the irrigation district or discharged from the land into irrigation district-maintained facilities.
(2) The district may charge the owner and the land if district money or credit is used or extended to provide the assistance in subsection (1) of this section. The district's board of directors may also levy and fix assessments, rates, tolls, and charges and collect them from all persons for whom, and all land on which, district money or credit is provided, or the board may require landowner repayment for landowner assistance by assessments, charges, rates, or tolls in the same manner as provided by RCW 87.03.445.
[ 1999 c 234 s 1.]

catchline: District assistance for conservation, improvement, preservation, and efficient use.


title: RCW 87.03.018

text:
Two or more irrigation districts may create a separate legal authority to carry out any or all of the powers described in RCW 87.03.015. To enable such a legal authority to carry out its delegated powers, the irrigation districts creating the authority may assign, convey, or otherwise transfer to it any or all of their respective property, rights, or obligations, including, without limitation, the power to issue revenue obligations and the power of condemnation. Such a legal authority shall be created and organized by contract in the manner described in chapter 39.34 RCW and shall be a separate legal entity.
A separate legal authority shall only have power to incur indebtedness that is repayable from rates, tolls, charges, or contract payments for services or electricity provided by the authority and to pledge such revenues for the payment and retirement of indebtedness issued for the construction or acquisition of hydroelectric facilities. An authority shall not have power to levy taxes or to impose assessments for the payment of obligations of the authority. Every bond or other evidence of indebtedness issued by an authority shall provide (1) that repayment shall be limited solely to the revenues of the authority; and (2) that no member of the authority shall be obligated to repay directly or indirectly any obligation of the authority except to the extent of fair value for services actually received from the authority. No member may pledge its revenues to support the issuance of revenue bonds or other indebtedness of an authority.
[ 1984 c 168 s 5; 1981 c 62 s 1.]

catchline: Creation of legal authority to carry out powers—Method—Indebtedness.


title: RCW 87.03.019

text:
In addition to the authority provided throughout this title, an irrigation district, reclamation district, and similar districts organized pursuant to the authority of this title may participate in and expend revenue on cooperative watershed management actions, including watershed management partnerships under RCW 39.34.210 and other intergovernmental agreements, for purposes of water supply, water quality, and water resource and habitat protection and management.
[ 2003 c 327 s 15.]
Notes:
Finding—Intent—2003 c 327: See note following RCW 39.34.190.

catchline: Cooperative watershed management.


title: RCW 87.03.020

text:
For the purpose of organizing an irrigation district, a petition, signed by the required number of holders of title or evidence of title to land within the proposed district, shall be presented to the board of county commissioners of the county in which the lands, or the greater portion thereof, are situated, which petition shall contain the following:
(1) A description of the lands to be included in the operation of the district, in legal subdivisions or fractions thereof, and the name of the county or counties in which said lands are situated.
(2) The signature and post office address of each petitioner, together with the legal description of the particular lands within the proposed district owned by said respective petitioners.
(3) A general statement of the probable source or sources of water supply and a brief outline of the plan of improvement, which may be in the alternative, contemplated by the organization of the district.
(4) A statement of the number of directors, either three or five, desired for the administration of the district and of the name by which the petitioners desire the district to be designated.
(5) Any other matter deemed material.
(6) A prayer requesting the board to take the steps necessary to organize the district.
The petition must be accompanied by a good and sufficient bond, to be approved by the board of county commissioners, in double the amount of the probable cost of organizing the district, and conditioned that the bondspersons will pay all of the cost in case such organization shall not be effected. Said petition shall be presented at a regular meeting of the said board, or at any special meeting ordered to consider and act upon said petition, and shall be published once a week, for at least two weeks (three issues) before the time at which the same is to be presented, in some newspaper of general circulation printed and published in the county where said petition is to be presented, together with a notice signed by the clerk of the board of county commissioners stating the time of the meeting at which the same will be presented. There shall also be published a notice of the hearing on said petition in a newspaper published at Olympia, Washington, to be designated by the director of ecology from year to year, which said notice shall be published for at least two weeks (three issues) prior to the date of said meeting and shall contain the name of the county or counties and the number of each township and range in which the lands embraced within the boundaries of the proposed district are situated, also the time, place and purpose for said meeting, which said notice shall be signed by the petitioner whose name first appears upon the said petition. If any portion of the lands within said proposed district lie within another county or counties, then the said petition and notice shall be published for the time above provided in one newspaper printed and published in each of said counties. The said notice, together with a map of the district, shall also be served by registered mail at least thirty days before the said hearing upon the state director of ecology at Olympia, Washington, who shall, at the expense of the district in case it is later organized, otherwise at the expense of the petitioners' bondspersons, make such investigation of the sufficiency of the source and supply of water for the purposes of the proposed district, as he or she may deem necessary, and file a report of his or her findings, together with a statement of his or her costs, with the board of county commissioners at or prior to the time set for said hearing. When the petition is presented, the board of county commissioners shall hear the same, shall receive such evidence as it may deem material, and may adjourn such hearing from time to time, not exceeding four weeks in all, and on the final hearing shall establish and define the boundaries of the district along such lines as in the judgment of the board will best reclaim the lands involved and enter an order to that effect: PROVIDED, That said board shall not modify the boundaries so as to except from the operation of the district any territory within the boundaries outlined in the petition, which is susceptible of irrigation by the same system of works applicable to other lands in such proposed district and for which a water supply is available; nor shall any lands which, in the judgment of said board, will not be benefited, be included within such district; any lands included within any district, which have a partial or full water right shall be given equitable credit therefor in the apportionment of the assessments in this act provided for: AND PROVIDED FURTHER, That any owner, whose lands are susceptible of irrigation from the same source, and in the judgment of the board it is practicable to irrigate the same by the proposed district system, shall, upon application to the board at the time of the hearing, be entitled to have such lands included in the district.
At said hearing the board shall also give the district a name and shall order that an election be held therein for the purpose of determining whether or not the district shall be organized under the provisions of this act and for the purpose of electing directors.
The clerk of the board of county commissioners shall then give notice of the election ordered to be held as aforesaid, which notice shall describe the district boundaries as established, and shall give the name by which said proposed district has been designated, and shall state the purposes and objects of said election, and shall be published once a week, for at least two weeks (three issues) prior to said election, in a newspaper of general circulation published in the county where the petition aforesaid was presented; and if any portion of said proposed district lies within another county or counties, then said notice shall be published in like manner in a newspaper within each of said counties. Said election notice shall also require the electors to cast ballots which shall contain the words "Irrigation District—Yes," and "Irrigation District—No," and also the names of persons to be voted for as directors of the district: PROVIDED, That where in this act publication is required to be made in a newspaper of any county, the same may be made in a newspaper of general circulation in such county, selected by the person or body charged with making the publication and such newspaper shall be the official paper for such purpose.
[ 2007 c 218 s 79; 1988 c 127 s 40; 1923 c 138 s 3; 1921 c 129 s 1; 1919 c 180 s 1; 1915 c 179 s 2; 1913 c 165 s 1; 1895 c 165 s 2; 1889-90 p 671 s 2; RRS s 7418. Formerly RCW 87.01.020, part, 87.01.030, 87.01.040, and 87.01.050.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.

catchline: Organization of district—Petition—Bond—Notice—Hearing—Order—Notice of election.


title: RCW 87.03.025

text:
Whenever public lands of the state are situated in or taken into an irrigation district they shall be treated the same as other lands, except as hereinafter provided. The commissioner of public lands shall be served with a copy of the petition proposing to include such lands, together with a map of the district and notice of the time and place of hearing thereon, at least thirty days before the hearing, and if he or she determines that such lands will be benefited by being included in the district he or she shall give his or her consent thereto in writing. If he or she determines that they will not be benefited he or she shall file with the board a statement of his or her objections thereto.
Any public lands of the state which are situated within the boundaries of an irrigation district, but which were not included in the district at the time of its organization, may be included after a hearing as herein provided.
Whenever the commissioner or any interested person desires to have state public lands included in an existing district, he or she shall file a request to that effect in writing with the district board, which shall thereupon fix a time and place for hearing the request and post notice thereof in three public conspicuous places in the district, one of which shall be at the place of hearing, at least twenty days before the hearing, and send by registered mail a copy of the notice to the commissioner. The notice shall describe the lands to be included and direct all persons objecting to such inclusion to appear at the time and place stated and present their objections. At the hearing the district board shall consider all objections and may adjourn to a later date, and by resolution determine the matter, and its determination shall be final: PROVIDED, That no such lands shall be included in a district without the written consent of the commissioner of public lands.
Any public lands of the state situated in any irrigation district shall be subject to the provisions of the laws of this state relating to the collection of irrigation district assessments to the same extent and in the same manner in which lands of like character held under private ownership are subject thereto, but collection and payment of the assessments shall be governed solely by the provisions of chapter 79.44 RCW.
[ 2013 c 23 s 480; 1963 c 20 s 13; 1951 2nd ex.s. c 15 s 1; 1951 c 212 s 1; 1923 c 138 s 4; 1921 c 129 s 2; 1919 c 180 s 2; RRS s 7419. Formerly RCW 87.01.060.]
Notes:
Irrigation district assessments: RCW 87.03.240 through 87.03.305.

catchline: State lands situated in or taken into district—Procedure—Assessments, collection.


title: RCW 87.03.030

text:
All elections of irrigation districts, general or special, for any district purpose and in any county of the state shall be called, noticed, and conducted in accordance with the laws of the state, specifically relating to irrigation districts.
[ 1951 c 201 s 1. Formerly RCW 87.01.095.]
Notes:
Validation—1951 c 201: "All irrigation district elections heretofore called, noticed and conducted for any district purpose in accordance with the laws of the state, specifically relating to irrigation districts irrespective of any contrary general election laws; and any irrigation district election heretofore called, noticed and conducted in accordance with said irrigation district laws is hereby approved and confirmed." [ 1951 c 201 s 2.]
Ballots, declaration of candidacy: RCW 87.03.075.
Certain elections—Districts of two hundred thousand acres: RCW 87.68.060.
Times for holding elections and primaries: RCW 29A.04.311 through 29A.04.330.

catchline: Elections are governed by irrigation district laws.


title: RCW 87.03.031

text:
Any qualified district elector shall be entitled to vote by absentee ballot in the manner herein provided.
[ 2025 c 191 s 1; 2013 c 23 s 481; 1961 c 105 s 2. Formerly RCW 87.01.096.]

catchline: Absentee voting.


title: RCW 87.03.032

text:
(1) The notice of election shall conform to the requirements for election notices provided by this chapter for the election being held, and shall specify that any qualified district elector may vote by absentee ballot, and that a ballot and form of certificate of qualifications will be furnished to him or her on written request being made of the district's secretary. The requisite ballot and a form of certificate of qualifications shall be furnished by the district's secretary to any person who prior to the date of election makes written request therefor, stating that he or she is a qualified district elector. Such ballot and form may be furnished also to qualified district electors in any way deemed to be convenient without regard to requests having been made therefor.
(2) The board of directors may by adoption of a resolution choose to conduct an election using only mail-in ballots in lieu of polling places and absentee ballots. The district shall provide ballots to qualified electors derived from its assessment roll, toll and charge roll, or other district records and may also use the county assessor's or other public records to assist in determining qualified electors. Ballots will be in the same format as provided in RCW 87.03.033. Persons or entities who have not received a ballot and believe they are qualified electors may provide documents demonstrating they are qualified electors at the district main office by the close of business on the day before the election and receive a ballot if qualified to vote in the election.
[ 2025 c 191 s 2; 2013 c 23 s 482; 1961 c 105 s 3. Formerly RCW 87.01.097.]

catchline: Absentee voting—Notice of election, contents—Ballot and form of certificate of qualifications to be furnished—Mail-in ballots.


title: RCW 87.03.033

text:
(1) To be counted in a given election, an absentee ballot or ballots in a mail-in election must conform to these requirements:
(a) It must be sealed in a security envelope, which may provide instructions for completing the ballot and which position is being contested, but have no other marks that would identify the elector, and then be placed in an additional outer envelope and delivered to the district's principal office prior to the close of the polls on the day of that election; or be mailed to the district's secretary, postmarked not later than midnight of that election day and received by the secretary within seven days of that date.
(b) To ensure secrecy of the vote, the security envelope must be sealed within an additional outer envelope, requiring the ballot to be provided with two envelopes for ballot return.
(c) The sealed envelope containing the ballot shall be accompanied by a certificate of qualifications stating, with respect to the voter, his or her name, age, citizenship, residence, that he or she holds title or evidence of title to lands within the district which, under this chapter entitles him or her to vote in the election.
(d) The statements in the certificate of qualifications shall be certified as correct by the voter by the affixing of his or her signature thereto, certifying under penalty of perjury that he or she meets the qualifications to vote.
(2) The form of statement of qualifications and its certification shall be substantially as prescribed by the district's board of directors. The district may print the statement of qualifications on the outer envelope in lieu of including a separate statement of qualifications form. This form may also provide that the voter shall describe all or some part of his or her lands within the district which, under this chapter entitles him or her to vote in the election, but a voter otherwise qualified shall not be disqualified because of the absence or inaccuracy of the description so given. The regular form of irrigation district ballot shall be used by absentee voters.
[ 2025 c 191 s 3; 2013 c 23 s 483; 1961 c 105 s 4. Formerly RCW 87.01.098.]

catchline: Absentee or mail-in voting—Statement of qualifications—Form of ballot.


title: RCW 87.03.034

text:
(1) Absentee ballots shall be accumulated and kept, unopened, by the district's secretary until the time in which such ballots may be received is closed. The secretary shall deliver them to the board of directors as early as practicable on the following day. That board shall proceed at once to determine whether the voters submitting absentee ballots are qualified so to vote and to count and tally the votes of those so determined to be qualified. The board shall make, record, and certify the result of its determinations and count; and promptly thereafter it shall deliver the ballots, certificates of qualifications, and its certificate to the district's secretary. The provisions of RCW 87.03.100 with respect to recount shall govern also in the case of absentee ballots.
(2) On the completion of the canvass of the regular returns of the several election precincts as provided in RCW 87.03.105, the board of directors shall canvass the returns of the absentee votes and declare the result thereof in substantially the same manner as provided for the returns of the votes cast in the regular manner. Thereupon the statement of the result conforming as nearly as practicable to the requirements of RCW 87.03.110 shall be made covering both regular and absentee votes.
[ 1961 c 105 s 5. Formerly RCW 87.01.099.]

catchline: Absentee voting—How incoming ballots are handled—Canvass—Statement of result of both regular and absentee ballots.


title: RCW 87.03.035

text:
The board of county commissioners shall establish a convenient number of election precincts in the proposed district and define the boundaries thereof, and designate a polling place and appoint the necessary election officers for each precinct; which precincts may thereafter be changed by the district board. The election shall be conducted as nearly as practicable in the manner provided for the election of directors. Where a nonassessable area is situated in a district, any notice, delinquent list, or other announcement required by this title to be posted, may be posted in the area and any election may be held therein.
[ 1955 c 57 s 2. Prior: 1921 c 129 s 3, part; 1917 c 162 s 2, part; 1913 c 165 s 2, part; 1889-90 p 672 s 3, part; RRS s 7420, part. Formerly RCW 87.01.070.]

catchline: Elections to form district—How conducted.


title: RCW 87.03.040

text:
The board of county commissioners shall meet on the second Monday after the election and canvass the returns, and if it appears that at least two-thirds of all the votes cast are in favor of the district the board shall by an order declare the district duly organized and shall declare the qualified persons receiving the highest number of votes to be duly elected directors, and shall cause a certified copy of the order to be filed for record in the offices of the auditor and assessor of each county in which any portion of the district is situated. From the date of the filing the organization of the district shall be complete and the directors may, upon qualifying, enter immediately upon the duties of their office, and shall hold office until their successors are elected and qualified. Upon filing the order, the county assessor shall write the name of the district on the permanent tax roll in a column provided for that purpose opposite each description of land in the district. Such column shall be carried forward each year on the current tax roll. In the event of a change in the boundaries of a district, the assessor shall note it in the column upon the tax roll.
[ 1955 c 57 s 3. Prior: 1921 c 129 s 3, part; 1917 c 162 s 2, part; 1913 c 165 s 2, part; 1889-90 p 672 s 3, part; RRS s 7420, part. Formerly RCW 87.01.080.]

catchline: Elections to form district—Canvass of returns—Order.


title: RCW 87.03.045

text:
In districts with 200,000 acres or more, a person 18 years old, being a citizen of the United States and a resident of the state and who holds title or evidence of title to land that is assessed or is assessable by the district pursuant to federal and state law, in the district or proposed district shall be entitled to vote therein. He or she shall be entitled to one vote for the first 10 acres of said land or fraction thereof and one additional vote for all of said land over ten acres. A majority of the directors shall be residents of the county or counties in which the district is situated and all shall be electors of the district. If more than one elector residing outside the county or counties is voted for as director, only that one who receives the highest number of votes shall be considered in ascertaining the result of the election. Where land is community property both the spouses may vote if otherwise qualified. An agent of a corporation, general partnership, limited partnership, limited liability company, or other legal entity formed pursuant to the laws of the state of Washington or qualified to do business in the state of Washington owning land in the district, duly authorized in writing, may vote on behalf of the land owning entity by filing with the election officers his or her instrument of authority. The agent of such entity is considered an elector of the district, and shall vote in the precinct where the entity's principal office is located or in the precinct nearest the location of the principal office. An elector resident in the district shall vote in the precinct in which he or she resides, all others shall vote in the precinct nearest their residence.
[ 2025 c 191 s 4; 2013 c 23 s 484; 1985 c 66 s 1; 1971 ex.s. c 292 s 72; 1961 c 192 s 12; 1955 c 57 s 4. Prior: 1953 c 122 s 1; 1921 c 129 s 3, part; 1917 c 162 s 2, part; 1913 c 165 s 2, part; 1889-90 p 672 s 3; RRS s 7420, part. Formerly RCW 87.01.090.]
Notes:
Severability—1985 c 66: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1985 c 66 s 6.]
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
Certain elections—Districts of two hundred thousand acres: RCW 87.68.060.

catchline: Qualifications of voters and directors—Districts of 200,000 acres.


title: RCW 87.03.051

text:
In districts with less than 200,000 acres, a person 18 years old, being a citizen of the United States and a resident of the state and who holds title or evidence of title to land in the district or proposed district that is assessed or is assessable by the district pursuant to federal and state law, shall be entitled to vote therein, and to be recognized as an elector. A corporation, general partnership, limited partnership, limited liability company, or other legal entity formed pursuant to the laws of the state of Washington or qualified to do business in the state of Washington owning land in the district shall be recognized as an elector. As used in this section, "entity" means a corporation, general partnership, limited partnership, limited liability company, or other legal entity formed pursuant to the laws of the state of Washington or qualified to do business in the state of Washington. "Ownership" shall mean the aggregate of all assessable acres owned by an elector, individually or jointly, within one district. Voting rights shall be allocated as follows: Two votes for each five acres of assessable land or fraction thereof. No one ownership may accumulate more than 49 percent of the votes in one district. If assessments are on the basis of shares instead of acres, an elector shall be entitled to two votes for each five shares or fraction thereof. The ballots cast for each ownership of land or shares shall be exercised by common agreement between electors or when land is held as community property, the accumulated votes may be divided equally between the spouses. Except for community property ownership, in the absence of the submission of the common agreement to the secretary of the district at least 24 hours before the opening of the polls, the election board shall recognize the first elector to appear on election day as the elector having the authority to cast the ballots for that parcel of land for which there is more than one ownership interest. A majority of the directors shall be residents of the county or counties in which the district is situated and all shall be electors of the district. If more than one elector residing outside the county or counties is voted for as director, only that one who receives the highest number of votes shall be considered in ascertaining the result of the election. An agent of an entity owning land in the district, duly authorized in writing, may vote on behalf of the entity by filing with the election officers his or her instrument of authority. The agent of such entity is considered an elector of the district, and shall vote in the precinct where the entity's principal office is located or in the precinct nearest the location of the principal office. An elector resident in the district shall vote in the precinct in which he or she resides, all others shall vote in the precinct nearest their residence. No director shall be qualified to take or retain office unless the director holds title or evidence of title to land within the district.
[ 2025 c 191 s 5; 1997 c 354 s 1; 1985 c 66 s 2.]
Notes:
Severability—1985 c 66: See note following RCW 87.03.045.

catchline: Qualifications of voters and directors—Districts of less than 200,000 acres.


title: RCW 87.03.056

text:
The following election security requirements apply to districts that qualify and have designated their own treasurer as provided in RCW 87.03.440:
(1) At all times when ballots are being controlled including, but not limited to, receipt, opening of ballots, certification, tabulation, reconciliation, or any other type of processing, two individuals not on the ballot must be present.
(2)(a) Each ballot box must be secured and locked, with a deposit slot, and clearly marked as an "official ballot box." Ballot box keys must be provided to district election officials only, or designated district staff if available;
(b) Each ballot box must be closed with tamper-evident seals with a paper seal log:
(i) Each time the box is opened, a new seal log must be signed, with the seal number noted and dated;
(ii) When the box is opened, the previous seal log must be compared to the cut seal and initialed; and
(iii) All seal logs must be retained for six months after the day of the election;
(c) Each ballot box must be physically secured so that it cannot be stolen or moved, and may only be moved by district election officials, or designated district staff if available;
(d) Any election officials or district staff carrying out official ballot or election duties may not be a candidate on the election ballot.
(3)(a) Ballot envelopes may not be opened immediately after voter deposit. Ballot tabulation may only begin after the polls are closed and ballots must be opened in batches, rather than individually;
(b) The number of tabulated ballots must be reconciled with the number of ballots received;
(c) Tabulated ballots must be stored separately from uncounted or challenged ballots as referenced in subsection (4) of this section;
(d) Canvassing of ballots must be open to observation by the public;
(e) Any election officials or district staff participating in the processing of ballots may not be a candidate on the ballot;
(f) Once canvassing of ballots is completed, date and time of the verification of canvassing must be posted in either: (i) The district office, for at least two weeks; (ii) on the district website, for at least two weeks; or (iii) at least once a week for two weeks in one or more newspapers of general circulation within the irrigation district.
(4)(a) Each district must establish a written challenge process in order to allow individuals to challenge the vote of an individual voter;
(b) Written challenge procedures must be established for challenges made by both the public and district election officials or staff, including the time period during which challenges must be made;
(c) Within seven days of the resolution of the challenge, the outcome of the challenge must be posted in either: (i) The district office, for at least two weeks; (ii) on the district website, for at least two weeks; or (iii) at least once a week for two weeks in one or more newspapers of general circulation within the irrigation district.
(5) Each district must establish a written cure procedure for curing errors that occurred during ballot canvassing or are discovered through valid voter challenges, including a clear timeline for when the cure will occur.
(6) Lists and reports of ballots, election outcomes, voter challenges and challenge outcomes, and curing of errors must be maintained by each district for six months after the date of the election and made available to the public.
[ 2025 c 191 s 10.]

catchline: Election security requirements.


title: RCW 87.03.058

text:
(1) Any person who willfully violates any of the provisions of RCW 87.03.056 (1) through (3) is guilty of a gross misdemeanor punishable under RCW 9A.20.021.
(2) Any person who, without lawful authority, removes a ballot from a polling place or ballot drop location is guilty of a gross misdemeanor punishable under RCW 9A.20.021.
(3) A person is guilty of a gross misdemeanor punishable under RCW 9A.20.021 who knowingly:
(a) Deceives any voter in recording his or her vote by providing incorrect or misleading recording information or by providing faulty election equipment or records; or
(b) Records the vote of any voter in a manner other than as designated by the voter.
[ 2025 c 191 s 11.]

catchline: Election security requirements—Willful violation—Penalties.


title: RCW 87.03.071

text:
In any irrigation district where more than 50 percent of the total acreage of the district is owned in individual ownerships of less than five acres, each elector who is otherwise qualified to vote pursuant to RCW 87.03.051 shall be entitled to two votes regardless of the size of ownership. Each ownership shall be represented by two votes. If there are multiple owners or joint owners of a single ownership, the owners shall decide among themselves what their two votes shall be. If the ownership is held as community property, each spouse shall be entitled to one vote or they may vote by common agreement.
[ 2025 c 191 s 6; 1985 c 66 s 3.]
Notes:
Severability—1985 c 66: See note following RCW 87.03.045.

catchline: Certain districts—Individual ownerships—Two votes.


title: RCW 87.03.075

text:
Voting in an irrigation district shall be by ballot. Ballots shall be of uniform size and quality, provided by the district, and for the election of directors shall contain only the names of the candidates who have filed with the secretary of the district a declaration of their candidacy by submitting a petition of nomination as hereinafter provided, not later than five o'clock p.m. on the first Monday in October. Ballots shall contain space for the writing in of the name of an undeclared candidate. Ballots shall be issued by the election board according to the number of votes an elector is entitled to cast. A person filing a declaration of candidacy by submitting a petition of nomination as hereinafter provided, shall designate therein the position for which he or she is a candidate. No ballots on any form other than the official form shall be received or counted.
In any election for directors where the number of votes which may be received will have no bearing on the length of the term to be served, the candidates for the position of director shall file with the secretary of the district a declaration of their candidacy by submitting a petition of nomination, on a form prescribed by the district, signed by at least ten qualified electors of the district, or of the division if the district has been divided into director divisions, not later than five o'clock p.m. on the first Monday in October. If, after the expiration of the date for filing a declaration of candidacy, it appears that only one qualified candidate has declared their candidacy for each position to be filled it shall not be necessary to hold an election, and the board of directors shall at their next meeting declare such candidate elected as director. The secretary shall immediately make and deliver to such person a certificate of election signed by him or her and bearing the seal of the district. The procedure set forth in this paragraph shall not apply to any other irrigation district elections.
[ 2025 c 191 s 7; 2013 c 23 s 485; 1985 c 66 s 4; 1981 c 345 s 1; 1981 c 208 s 1; 1963 c 68 s 1; 1961 c 105 s 1; 1941 c 171 s 2; Rem. Supp. 1941 s 7420-1. Formerly RCW 87.01.110.]
Notes:
Severability—1985 c 66: See note following RCW 87.03.045.

catchline: Ballots in all elections—Declaration of candidacy—Petition of nomination—When election not required.


title: RCW 87.03.080

text:
An election of directors in an irrigation district shall be held on the second Tuesday of December of each year, and the term of each director shall be three years from the first Tuesday of January following his or her election. The directors elected at the organization election shall serve until their successors are elected and qualified. At the first annual election occurring thirty days or more after the date of the order establishing the district, there shall be elected directors to succeed those chosen at the organization election. If the board consists of three directors the candidate receiving the highest number of votes shall serve a term of three years; the next highest, two years; and the next highest, one year. In case of five directors, the two candidates receiving the highest number of votes shall each serve a term of three years; the next two highest, two years; and the next highest, one year; or until successors are elected and qualified. In case of seven directors, the three candidates receiving the highest number of votes shall each serve a term of three years, the next two highest, two years, and the next two highest, one year, or until their successors are elected and qualified. Whenever a district with three directors desires to increase the number of its directors to five directors or whenever a district with five directors desires to increase the number of its directors to seven directors, the board of directors, acting on its own initiative or on the written petition of at least twenty electors of the district, shall submit the question to the electors of the district at a regular or special district election. In the event the electors by a majority of the votes cast favor an increase in the number of directors, there shall be elected at the next annual district election two additional directors. The person receiving the highest number of votes shall serve for a three year term and the next highest, a two year term.
The number of directors may be decreased to five or three, as the case may be, substantially in the same manner as that provided for the increase of directors. In case of three directors the term of one director only shall expire annually.
[ 2013 c 23 s 486; 1961 c 192 s 14. Prior: 1931 c 41 s 1, part; 1921 c 129 s 4, part; 1919 c 180 s 3, part; 1915 c 179 s 3, part; 1913 c 165 s 3, part; 1895 c 165 s 3, part; 1889-90 p 673 s 4, part; RRS s 7421, part. Formerly RCW 87.01.100.]


title: RCW 87.03.081

text:
A vacancy in the office of director shall be filled by appointment by the board of county commissioners of the county in which the proceedings for the organization of the district were had. At the next annual election occurring thirty days or more after the date of the appointment, a successor shall be elected who shall take office on the first Tuesday in January following and shall serve for the remainder of the unexpired term.
A director appointed to fill a vacancy occurring after the expiration of the term of a director shall serve until his or her successor is elected and qualified. At the next election of directors occurring thirty days or more after the appointment, a successor shall be elected who shall take office on the first Tuesday in January next and shall serve for the term for which he or she was elected.
Failure on the part of any irrigation district to hold one or more annual elections for selection of officers, or otherwise to provide district officers shall not dissolve the district or impair its powers, where later officers for the district are appointed or elected and qualify as such and exercise the powers and duties of their offices in the manner provided by law.
[ 2013 c 23 s 487; 1961 c 192 s 15. Prior: 1931 c 41 s 1, part; 1921 c 129 s 4, part; 1919 c 180 s 3, part; 1915 c 179 s 3, part; 1913 c 165 s 3, part; 1895 c 165 s 3, part; 1889-90 p 673 s 4, part; RRS s 7421, part. Formerly RCW 87.01.120.]

catchline: Directors—Vacancies, how filled.


title: RCW 87.03.082

text:
Each director shall take and subscribe an official oath for the faithful discharge of the duties of his or her office and the oath shall be recorded and filed with the secretary of the board of directors. The secretary shall take and subscribe a written oath of office, which shall be approved and filed as in the case of a director.
[ 2019 c 462 s 1; 2013 c 23 s 488; 1961 c 192 s 16. Prior: 1931 c 41 s 1, part; 1921 c 129 s 4, part; 1919 c 180 s 3, part; 1915 c 179 s 3, part; 1913 c 165 s 3, part; 1895 c 165 s 3, part; 1889-90 p 673 s 4, part; RRS s 7421, part. Formerly RCW 87.01.130.]
Notes:
Conflicts of interest, irrigation district officers: RCW 42.23.030.
Conviction of public officer forfeits trust: RCW 9.92.120.
Director divisions: Chapter 87.04 RCW.
Misconduct of public officers: Chapter 42.20 RCW.

catchline: Directors—Oaths of office—Secretary.


title: RCW 87.03.083

text:
Every member of an irrigation district board of directors is subject to recall and discharge by the legal voters of such district pursuant to the provisions of chapter 29A.56 RCW.
[ 2015 c 53 s 103; 1979 ex.s. c 185 s 15.]
Notes:
Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013.

catchline: Directors—Recall and discharge.


title: RCW 87.03.085

text:
(1) Fifteen days before any election held under this chapter, subsequent to the organization of any district, the secretary of the board of directors shall cause notices to be posted in three public places in each election precinct, of the time and place of holding the election. The secretary shall also post a general notice of the same in the office of the board, which shall be established and kept at some fixed place to be determined by the board, specifying the polling places of each precinct. Prior to the time for posting the notices, the board must appoint for each precinct, from the electors thereof, one inspector and two judges, who shall constitute a board of election for the precinct. If the board fails to appoint a board of election, or the members appointed do not attend at the opening of the polls on the morning of election, the electors of the precinct present at that hour may appoint the board, or supply the place of an absent member thereof. The board of directors must, in its order appointing the board of election, designate the house or place within the precinct where the election must be held. However, in any irrigation district that is less than 200,000 acres in size and is divided into director divisions, the board of directors in its discretion may designate one polling place within the district to serve more than one election precinct. The board of directors of any irrigation district may designate the principal business office of the district as a polling place to serve one or more election precincts and may do so regardless of whether the business office is located within or outside of the boundaries of the district. If the board of directors does designate a single polling place for more than one election precinct, then the election officials appointed by the board of directors may serve more than one election precinct and the election officials may be electors of any of the election precincts for which they are the election board.
(2)(a) The following additional notice requirements apply to districts that qualify and have designated their own treasurer as provided in RCW 87.03.440:
(i) The district must annually notify qualified electors, either by mail, electronic communication, or by posting on the district's website, of the following:
(A) The names of the board of directors and dates their terms expire;
(B) The method and deadline for declaring candidacy under RCW 87.03.075; and
(C) A description of the district voting procedure and how the qualified elector may request an absentee ballot, if the district is not using the mail-in ballot procedure.
(ii) The district will use its assessment roll, toll and charge roll, or other district records to provide notice to known qualified electors and may also use the county assessor's or other public records to assist in determining qualified electors.
(iii) A district that makes water deliveries to an entity which is responsible for paying assessments or tolls and charges and that entity subsequently distributes that water to lands within the entity's jurisdiction is only required to provide the annual notice to the entity paying the assessment or toll and charge.
(iv) Any person who becomes a qualified elector after the annual notice required by this section and before a subsequent election is eligible to vote in the election. Receiving or not receiving the annual notice provided in this section does not affect whether the person or entity is a qualified elector.
(b) Each district must establish and maintain election information on a website, either individually or through the Washington state water resources association, in order to communicate with qualified electors. The website must include, but is not limited to, the names of the board of directors, district election rules provided in this chapter, information on elections including election results, and contact information for the district.
[ 2025 c 191 s 8; 1987 c 123 s 1; 1984 c 168 s 2; 1889-90 p 674 s 5; RRS s 7422. Formerly RCW 87.01.140.]

catchline: Post-organization district elections—Election boards—Notice.


title: RCW 87.03.090

text:
The inspector is chair of the election board, and may
First: Administer all oaths required in the progress of an election.
Second: Appoint judges and clerks, if, during the progress of the election, any judge or clerk cease to act. Any member of the board of election, or any clerk thereof, may administer and certify oaths required to be administered during the progress of an election. The board of election for each precinct may, if they deem it necessary, before opening the polls, appoint two persons to act as clerks of the election. Before opening the polls, each member of the board and each clerk must take and subscribe an oath to faithfully perform the duties imposed upon them by law. Any elector of the precinct may administer and certify such oath. The polls must be opened at one o'clock p.m. on the afternoon of the election, and be kept open until eight o'clock p.m., when the same must be closed. The provisions of the general election law of this state, concerning the form of ballots to be used shall not apply to elections held under this act: PROVIDED, That any district elections called *before this act shall take effect shall be noticed and conducted in the manner prescribed by law in effect at the time the election is called.
[ 2013 c 23 s 489; 1931 c 60 s 1; 1889-90 p 674 s 6; RRS s 7423. Formerly RCW 87.01.150.]
Notes:
*Reviser's note: The language "before this act shall take effect" in the proviso refers to 1931 c 60 which became effective on midnight June 10, 1931; see preface, 1931 session laws.

catchline: Post-organization district elections—Election officers—Voting hours.


title: RCW 87.03.095

text:
Voting may commence as soon as the polls are opened, and may be continued during all the time the polls remain opened. As soon as the polls are closed, the judges shall open the ballot box and commence counting the votes; and in no case shall the ballot box be removed from the room in which the election is held until all the ballots have been counted. The counting of ballots shall in all cases be public. The ballots shall be taken out, one by one, by the inspector or one of the judges, who shall open them and read aloud the names of each person contained therein and the office for which every such person is voted for. Each clerk shall write down each office to be filled, and the name of each person voted for for such office, and shall keep the number of votes by tallies, as they are read aloud by the inspector or judge. The counting of votes shall be continued without adjournment until all have been counted.
[1889-90 p 675 s 7; RRS s 7424. Formerly RCW 87.01.160.]

catchline: Post-organization district elections—Counting votes—Record of ballots.


title: RCW 87.03.100

text:
As soon as all the votes are read off and counted, a certificate shall be drawn upon each of the papers containing the poll list and tallies, or attached thereto, stating the number of votes each one voted for has received, and designating the office to fill which he or she was voted for, which number shall be written in figures and in words at full length. Each certificate shall be signed by the clerks, judges, and the inspector. One of said certificates, with the poll list and the tally paper to which it is attached, shall be retained by the inspector, and preserved by him or her at least six months. The ballots, together with the other of said certificates, with the poll list and tally paper to which it is attached, shall be sealed by the inspector, in the presence of the judges and clerks, and endorsed "Election returns of [naming the precinct] precinct," and be directed to the secretary of the board of directors, and shall be immediately delivered by the inspector, or by some other safe and responsible carrier designated by said inspector, to said secretary, and the ballots shall be kept unopened for at least six months, and if any person be of the opinion that the vote of any precinct has not been correctly counted, he or she may appear on the day appointed for the board of directors to open and canvass the returns, and demand a recount of the vote of the precinct that is so claimed to have been incorrectly counted.
[ 2013 c 23 s 490; 1981 c 345 s 2; 1981 c 208 s 2; 1889-90 p 675 s 8; RRS s 7425. Formerly RCW 87.01.170 and 87.01.210, part.]

catchline: Post-organization district elections—Certification of returns—Preservation for recount.


title: RCW 87.03.105

text:
No list, tally paper or certificate returned from any election shall be set aside or rejected for want of form, if it can be satisfactorily understood. The board of directors must meet at its usual place of meeting on the second Wednesday after each election, to canvass the returns. If, at the time of meeting, the returns from each precinct in the district in which the polls were opened have been received, the board of directors must then and there proceed to canvass the returns, but if all the returns have not been received, the canvass must be postponed from day to day until all the returns have been received, or until six postponements have been had. The canvass must be made in public, and by opening the returns and estimating the vote of the district for each person voted for, and declaring the result thereof. If an undeclared write-in candidate for a position of director receives the most votes, the board of directors must determine whether that candidate is a qualified elector for that specific position. A qualified elector for the position of director must be 18 years of age, a citizen of the United States, a resident of the division of the district for which the director is being elected, or the designated agent of an entity that owns land within that division. If that candidate is not a qualified elector, the qualified elector receiving the next highest number of votes will be deemed elected to the position.
[ 2025 c 191 s 9; 1889-90 p 676 s 9; RRS s 7426. Formerly RCW 87.01.180.]


title: RCW 87.03.110

text:
The secretary of the board of directors must, as soon as the result is declared, enter in the records of such board a statement of such result, which statement must show:
(1) The whole number of votes cast in the district;
(2) The name of the persons voted for;
(3) The office to fill which each person was voted for;
(4) The number of votes given in each precinct to each of such persons;
(5) The number of votes given in each precinct for and against any proposition voted upon.
The board of directors must declare elected the person having the highest number of votes given for each office. The secretary must immediately make out, and deliver to such person a certificate of election signed by him or her and authenticated by the seal of the district.
[ 2013 c 23 s 491; 1913 c 165 s 4; 1895 c 165 s 4; 1889-90 p 676 s 10; RRS s 7427. Formerly RCW 87.01.190.]
Notes:
Statement of result covering both absentee and regular ballots: RCW 87.03.034.

catchline: Post-organization district elections—Statement of result of election—Certificate of election.


title: RCW 87.03.115

text:
(1) The directors of the district shall organize as a board and shall elect a president from their number, and appoint a secretary, who shall keep a record of their proceedings.
(2) The office of the directors and principal place of business of the district shall be at some place in the county in which the organization was effected, to be designated by the directors.
(3) The directors serving districts of five thousand acres or more shall hold a regular monthly meeting at their office on the first Tuesday in every month, or on such other day in each month as the board shall direct in its bylaws, and may adjourn any meeting from time to time as may be required for the proper transaction of business.
(4) Directors serving districts of less than five thousand acres shall hold at least quarterly meetings on a day designated by the board's bylaws, and may adjourn any meeting from time to time as may be required for the proper transaction of business.
(5) Special meetings shall be called and conducted in the manner required by chapter 42.30 RCW.
(6) All meetings of the directors must be public.
(7) A majority of the directors shall constitute a quorum for the transaction of business, and in all matters requiring action by the board there shall be a concurrence of at least a majority of the directors.
(8) All records of the board shall be open to the inspection of any electors during business hours.
(9) The board shall have the power, and it shall be its duty, to adopt a seal of the district, to manage and conduct the business and affairs of the district, to make and execute all necessary contracts, to employ and appoint such agents, officers, and employees as may be necessary and prescribe their duties, and to establish equitable bylaws, rules, and regulations for the government and management of the district, and for the equitable distribution of water to the lands within the district, upon the basis of the beneficial use thereof, and generally to perform all such acts as shall be necessary to fully carry out the provisions of this chapter: PROVIDED, That all water, the right to the use of which is acquired by the district under any contract with the United States shall be distributed and apportioned by the district in accordance with the acts of congress, and rules and regulations of the secretary of the interior until full reimbursement has been made to the United States, and in accordance with the provisions of said contract in relation thereto.
(10) The bylaws, rules, and regulations must be on file and open to inspection of any elector during regular business hours.
(11) All leases, contracts, or other form of holding any interest in any state or other public lands shall be, and the same are hereby declared to be title to and evidence of title to lands and for all purposes within *this act, shall be treated as the private property of the lessee or owner of the contractual or possessory interest: PROVIDED, That nothing in this section shall be construed to affect the title of the state or other public ownership, nor shall any lien for such assessment attach to the fee simple title of the state or other public ownership.
(12) The board of directors shall have authority to develop and to sell, lease, or rent the use of: (a) Water facilities and water derived from the operation of the water facilities to such municipal and quasi-municipal entities, the state of Washington, and state entities and agencies, and public and private corporations and individuals located within and outside the boundaries of the district, and on such terms and conditions as the board of directors shall determine; (b) electric facilities and power derived from electric facilities authorized by RCW 87.03.015 or 87.03.0155, to such municipal or quasi-municipal corporations and cooperatives authorized to engage in the business of distributing electricity, electrical companies subject to the jurisdiction of the utilities and transportation commission, private commercial or industrial entities that acquire electric power for their own use or resale, and other irrigation districts, and on such terms and conditions as the board of directors shall determine; and (c) power derived from electric facilities authorized by RCW 87.03.015 or 87.03.0155 on such terms and conditions as the board of directors shall determine. No water shall be furnished for use outside of said district until all demands and requirements for water for use in said district are furnished and supplied by said district. As soon as any public lands situated within the limits of the district shall be acquired by any private person, or held under any title of private ownership, the owner thereof shall be entitled to receive his or her proportion of water as in case of other land owners, upon payment by him or her of such sums as shall be determined by the board, and at the time to be fixed by the board, which sums shall be such equitable amount as such lands should pay having regard to placing said lands on the basis of equality with other lands in the district as to benefits received, and giving credit if equitable for any sums paid as water rent by the occupant of said lands prior to the vesting of private ownership, and such lands shall also become subject to all taxes and assessments of the district thereafter imposed.
[ 2017 c 63 s 3; 2013 c 23 s 492; 1983 c 262 s 1; 1979 ex.s. c 185 s 3; 1921 c 129 s 5; 1919 c 180 s 4; 1915 c 179 s 4; 1913 c 165 s 5; 1889-90 p 677 s 11; RRS s 7428. Formerly RCW 87.01.200 and 87.32.010, part.]
Notes:
*Reviser's note: "This act" first appears in 1921 c 129 s 5.
Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013.
Director divisions: Chapter 87.04 RCW.

catchline: Organization of board—Meetings—Quorum—Certain powers and duties.


title: RCW 87.03.120

text:
Whenever, in the judgment of the district board, a system of drainage, sanitary sewers, or sewage disposal or treatment plants for any lands included in the operation of the district will be of special benefit to the lands of the district as a whole, it shall pass a resolution to that effect and call a further meeting of the board to determine the question. Notice of said meeting shall be given by the secretary for the same length of time and in the same manner as required by law for the meeting of the county board to hear the petition for the organization of the district. At the time and place mentioned in the notice the board shall meet, hear such evidence as shall be presented, and fully determine the matter by resolution which said resolution shall be final and conclusive upon all persons as to the benefit of said system of drainage, sanitary sewers, or sewage disposal or treatment plants to the lands in the district.
[ 1965 c 141 s 3; 1923 c 138 s 5, part; RRS s 7428-1. Formerly RCW 87.08.130, part.]
Notes:
Organization of district—Notice: RCW 87.03.020.

catchline: System of drainage, sanitary sewers, or sewage disposal or treatment plants—Question—Notice—Meeting—Resolution.


title: RCW 87.03.125

text:
Upon the passing of said resolution, the district shall in all respects have the same power and authority as is now, or may hereafter be, conferred respecting irrigation and all powers in this act conferred upon irrigation districts with respect to irrigation shall be construed to include drainage systems, sanitary sewers, and sewage disposal or treatment plants in conjunction therewith as herein provided.
[ 1965 c 141 s 4; 1923 c 138 s 5, part; RRS s 7428-2. Formerly RCW 87.08.130, part.]

catchline: System of drainage, sanitary sewers, or sewage disposal or treatment plants—Powers upon passage of resolution.


title: RCW 87.03.130

text:
Any district heretofore or hereafter organized and existing, may change its name by filing with the board of county commissioners of the county in which was filed the original petition for the organization of the district, a certified copy of a resolution of its board of directors adopted by the unanimous vote of all the members of said board at a regular meeting thereof providing for such change of name; and thereafter all proceedings of such district shall be had under such changed name, but all existing obligations and contracts of the district entered into under its former name shall remain outstanding without change and with the validity thereof unimpaired and unaffected by such change of name, and a change of name heretofore made by any existing irrigation district in this state, substantially in the manner above provided is hereby ratified, confirmed and validated.
[ 1965 c 141 s 5; 1923 c 138 s 5, part; RRS s 7428-3. Formerly RCW 87.08.140.]

catchline: District change of name.


title: RCW 87.03.135

text:
An irrigation district has the power to sell or lease personal property owned by the district whenever its board of directors, by resolution: Determines that the property is not necessary or needed for the use of the district; and authorizes the sale or lease. No sale or lease of such property shall be made until notice of the sale or lease is given by publication at least twenty days before the date of the sale or lease in a newspaper of general circulation in the county where the property or part of the property is located or, if there is no such newspaper in the county, in a newspaper of general circulation published in an adjoining county. The publication shall be made at least once a week during three consecutive weeks before the day fixed for making the sale or lease. The publication shall contain notice of the intention of the board of directors to make the sale or lease and shall state the time and place at which proposals for the sale or lease will be considered and at which the sale or lease will be made. Any such property so sold or leased shall be sold or leased to the highest and best bidder.
The provisions of this section relating to publication of notice shall not apply when the value of the property to be sold or leased is less than ten thousand dollars.
[ 2014 c 2 s 1; 1994 c 117 s 1; 1975 1st ex.s. c 163 s 1; 1967 ex.s. c 144 s 7; 1933 c 43 s 1; 1931 c 82 s 1; RRS s 7428-4. Formerly RCW 87.08.150.]
Notes:
Severability—1967 ex.s. c 144: See note following RCW 36.900.030.
Official paper for publication: RCW 87.03.020.
Organization of board (holding of interest in public lands as evidence of title): RCW 87.03.115.

catchline: Sale or lease of district personal property.


title: RCW 87.03.136

text:
An irrigation district has the power to sell or lease real property owned by the district whenever its board of directors, by resolution: Determines that the property is not necessary or needed for the use of the district; and authorizes the sale or lease. Notice of the district's intention to sell or lease the property shall be made by publication at least 20 days before the transaction is executed regarding the property in a newspaper of general circulation in the county where the property or part of the property is located or, if there is no such newspaper in the county, in a newspaper of general circulation published in an adjoining county. The publication shall be made at least once a week during three consecutive weeks. The notice shall state whether the sale or lease will be negotiated by the district or will be awarded by bid.
The district may lease the property for a duration determined by the board, afford the lessee the option to purchase the property, sell the property on contract for deferred payments, sell the property pursuant to a promissory note secured by a mortgage or deed of trust, or sell the property for cash and conveyance by deed. The appropriate documents shall be executed by the president of the board and acknowledged by the secretary.
The resolution authorizing the sale or lease shall be entered in the minutes of the board and shall fix the price at which the lease, option, or sale may be made. The price shall be not less than the reasonable market value of the property; however, the board may, without consideration, dedicate, grant, or convey district land or easements in district land for highway or public utility purposes that convenience the inhabitants of the district if the board deems that the action will enhance the value of the remaining district land to an extent equal to or greater than the value of the land or easement dedicated, granted, or conveyed.
During the 2023-2025 fiscal biennium, the limitations under this section on the power of an irrigation district to sell or lease real property owned by the district do not apply to property transferred to the bureau of reclamation or to a public owner under section 3073, chapter 474, Laws of 2023.
[ 2023 c 474 s 8039; 2011 c 50 s 1; 1994 c 117 s 2.]
Notes:
Conflict with federal requirements—Effective date—2023 c 474: See notes following RCW 28A.320.330.

catchline: Sale or lease of district real property.


title: RCW 87.03.137

text:
For the purpose of developing hydroelectric generation capabilities in connection with irrigation facilities, the board of directors of an irrigation district shall have the power, in accordance with procedures provided in this chapter, to acquire, either by purchase or condemnation, or other legal means, all lands, waters, water rights, and other property located within or outside the boundaries of the district necessary for the construction, use, supply, maintenance, repair, or improvement of hydroelectric facilities to the extent authorized by *RCW 87.03.015(1), as now or hereafter amended.
Irrigation districts are prohibited from condemning: (1) Any hydroelectric power plants, hydroelectric power sites, power lines or other power facilities or any lands, water rights, or other property of municipal and quasi municipal corporations, cooperatives authorized to engage in the business of distributing electricity, and electrical companies subject to the jurisdiction of the utilities and transportation commission; and (2) water rights held by private individual landowners where such waters are being put to beneficial use.
[ 1979 ex.s. c 185 s 4.]
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: Purchase or condemnation for developing hydroelectric generation capabilities—Limitations.


title: RCW 87.03.138

text:
Directors, officers, employees, or agents of irrigation districts shall be immune from civil liability for any cause of action or claim for damages for any mistakes and errors of judgment in the good faith performance of acts within the scope of their official duties involving any discretionary decision or failure to make a discretionary decision which relate solely to their responsibilities for electrical utilities, hydroelectric facilities, potable water facilities, or irrigation works. This grant of immunity shall not be construed as modifying the liability of the irrigation district.
[ 2004 c 215 s 1; 1983 1st ex.s. c 48 s 3.]
Notes:
Severability—1983 1st ex.s. c 48: See note following RCW 35.21.415.

catchline: Civil immunity of directors, officers, employees, or agents for good faith performance of official duties.


title: RCW 87.03.139

text:
No irrigation district, its directors, officers, employees, or agents operating and maintaining irrigation works for any purpose authorized by law, including the production of food for human consumption and other agricultural and domestic purposes, is liable for damages to persons or property arising from the disposal of sewage and waste discharged by others into the irrigation works pursuant to federal or state statutes, rules, or regulations permitting the discharge.
[ 1997 c 354 s 2.]

catchline: Lawful disposal of sewage and waste by others—Immunity.


title: RCW 87.03.140

text:
The board, and its agents and employees, shall have the right to enter upon any land to make surveys, and may locate the necessary irrigation or drainage works, power plants, power sites or power lines and the line for any canal or canals, and the necessary branches of laterals for the same, on any lands which may be deemed best for such location. Said board shall also have the power to acquire, either by purchase or condemnation, or other legal means, all lands, waters, water rights, and other property necessary for the construction, use, supply, maintenance, repair and improvements of said canal or canals and irrigation and drainage works, including canals and works constructed or being constructed by private owners, or any other person, lands for reservoirs for the storage of needful waters and all necessary appurtenances. The board may also construct the necessary dams, reservoirs and works for the collection of water for the said district, and may enter into contracts for a water supply to be delivered to the canals and works of the district, and do any and every lawful act necessary to be done in order to carry out the purposes of this act; and in carrying out the aforesaid purposes the bonds of the district may be used by the board, at not less than ninety percent of their par value in payment. The board may enter into any obligation or contract with the United States or with the state of Washington for the supervision of the construction, for the construction, reconstruction, betterment, extension, sale or purchase, or operation and maintenance of the necessary works for the delivery and distribution of water therefrom under the provisions of the state reclamation act, or under the provisions of the federal reclamation act, and all amendments or extensions thereof, and the rules and regulations established thereunder, or it may contract with the United States for a water supply or for reclamation purposes in general under any act of congress which, for the purposes of this act, shall be deemed to include any act of congress for reclamation purposes heretofore or hereafter enacted providing for and permitting such contract, or for the collection of money due or to become due to the United States, or for the assumption of the control and management of the works; and in case contract has been or may hereafter be made with the United States, as herein provided, bonds of the district may be deposited with the United States as payment or as security for future payment at not less than ninety percent of their par value, the interest on said bonds to be provided for by assessment and levy as in the case of other bonds of the district, and regularly paid to the United States to be applied as provided in such contract, and if bonds of the district are not so deposited, it shall be the duty of the board of directors to include as part of any levy or assessment provided in RCW 87.03.260 an amount sufficient to meet each year all payments accruing under the terms of any such contract. The board may accept on behalf of the district appointment of the district as fiscal agent of the United States or the state of Washington or other authorization of the district by the United States or the state of Washington to make collections of money for or on behalf of the United States or the state of Washington in connection with any federal or other reclamation project, whereupon the district, and the county treasurer for the district, shall be authorized to so act and to assume the duties and liability incident to such action, and the said board shall have full power to do any and all things required by the federal statutes now or hereafter enacted in connection therewith, and all things required by the rules and regulations now or that may hereafter be established by any department of the federal government in regard thereto.
The use of all water required for the irrigation of the lands within any district, together with rights-of-way for canals, laterals, ditches, sites for reservoirs, power plants, sites, and lines, and all other property required in fully carrying out the purposes of the organization of the district is hereby declared to be a public use; and in condemnation proceedings to acquire any property or property rights for the use of the district, the board of directors shall proceed in the name of the district, in the manner provided in this state in cases of appropriation of lands, real estate and other property by private corporations: PROVIDED, That the irrigation district, at its option, pursuant to resolution to that end duly passed by its board of directors may unite in a single action proceedings for the acquisition and condemnation of different tracts of land needed by it for rights-of-way for canals, laterals, power plants, sites, and lines and other irrigation works which are held by separate owners. And the court may, on the motion of any party, consolidate into a single action separate suits for the condemnation of rights-of-way for such irrigation works whenever from motives of economy or the expediting of business it appears desirable so to do: PROVIDED FURTHER, That there shall be a separate finding of the court or jury as to each tract held in separate ownership.
In any condemnation proceeding brought under the provisions of this act to acquire canals, laterals and ditches and rights-of-way therefor, sites, reservoirs, power plants and pumping plants and sites therefor, power canals, transmission lines, electrical equipment and any other property, and if the owner or owners thereof or their predecessors shall have issued contracts or deeds agreeing to deliver to the holders of said contracts or deeds water for irrigation purposes, or authorizing the holders thereof to take or receive water for irrigation purposes from any portion of said property or works, and if the delivery of said water or the right to take or receive the same shall in any manner constitute a charge upon, or a right in the property and works sought to be acquired, or any portion thereof, the district shall be authorized to institute and maintain said condemnation proceedings for the purpose of acquiring said property and works, and the interest of the owners therein subject to the rights of the holders of such contracts or deeds, and the court or jury making the award shall determine and award to such owner or owners the value of the interest to be so appropriated in said condemnation proceedings.
[ 1921 c 129 s 6; 1919 c 180 s 5; 1915 c 179 s 5; 1913 c 165 s 6; 1913 c 13 s 1; 1889-90 p 678 s 12; RRS s 7429. Formerly RCW 87.01.210, part and 87.08.080.]
Notes:
Bonds of director, secretary or county treasurer when fiscal agent of United States: RCW 87.03.082.
Cancellation of assessments due United States—Procedure: RCW 87.03.280.
Certain powers of district enumerated—Heat-related alert limitations: RCW 87.03.015.
Certain purposes for which district may be formed: RCW 87.03.010.
Condemnation—Title acquired by district (may be conveyed to United States or state): RCW 87.03.150.
Contracts with state or United States for local improvement work: RCW 87.03.520.
Districts right to cross other property: RCW 87.03.455.
Eminent domain by corporations: Chapter 8.20 RCW.
Federal reclamation laws: 43 USC ss 371-498.
Indemnity to state on land settlement contracts: Chapter 87.48 RCW.
Reclamation Service may make findings: RCW 87.03.185.
State Reclamation Act: Chapter 89.16 RCW.

catchline: Board's powers and duties generally—Condemnation procedure.