title: RCW 86.09.274

text:
The directors shall hold a regular meeting at their office at least once a year, or more frequently, on the date or dates the board shall designate in their bylaws, and may adjourn any meeting from time to time as may be required for the proper transaction of business: PROVIDED, That the day of the regular meeting cannot be changed, except in the manner prescribed herein for changing the place of business of the district.
[ 1985 c 396 s 60; 1937 c 72 s 92; RRS s 9663E-92. Formerly RCW 86.08.205, part.]

catchline: Board of directors—Meetings—Change of date.


doc_type: statute

jurisdiction: wa

title: RCW 86.09.277

text:
Special meetings of the board may be called at any time by order of a majority of the directors. Any member not joining in said order shall be given, by United States mail, at least a three days' notice of such meeting, unless the same is waived in writing, which notice shall also specify the business to be transacted and the board at such special meeting shall have no authority to transact any business other than that specified in the notice, unless the transaction of any other business is agreed to in writing by all the members of the board.
[ 1937 c 72 s 93; RRS s 9663E-93. Formerly RCW 86.08.205, part.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Board of directors—Special meetings—When notice required—Authorized business.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 86.09.280

text:
All meetings of the directors must be public. All records of the board shall be open for the inspection of any elector of the district during business hours of the day in which any meeting of the board is held. The bylaws, rules and regulations of the board shall be printed in convenient form for distribution in the district.
[ 1937 c 72 s 94; RRS s 9663E-94. Formerly RCW 86.08.205, part, and 86.08.210, part.]
Notes:
Meetings of public officials declared public: RCW 42.30.035.

catchline: Board of directors—Meetings and records public—Printing of bylaws and rules.


title: RCW 86.09.283

text:
The board of directors may each receive up to ninety dollars per day or portion thereof spent in actual attendance at official meetings of the board, or in performance of other official services or duties on behalf of the board. The board shall fix the compensation to be paid to the directors, secretary, and all other agents and employees of the district. Compensation for the directors shall not exceed eight thousand six hundred forty dollars in one calendar year. A director is entitled to reimbursement for reasonable expenses actually incurred in connection with such business, including subsistence and lodging, while away from the director's place of residence, and mileage for use of a privately owned vehicle in accordance with chapter 42.24 RCW.
Any director may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the secretary as provided in this section. The waiver, to be effective, must be filed any time after the director's election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.
The dollar thresholds established in this section must be adjusted for inflation by the office of financial management every five years, beginning January 1, 2024, based upon changes in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year's annual average consumer price index, for Washington state, for wage earners and clerical workers, all items, compiled by the bureau of labor and statistics, United States department of labor. If the bureau of labor and statistics develops more than one consumer price index for areas within the state, the index covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all items shall be used for the adjustments for inflation in this section. The office of financial management must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in the Washington State Register at least one month before the new dollar threshold is to take effect.
A person holding office as commissioner for two or more special purpose districts shall receive only that per diem compensation authorized for one of his or her commissioner positions as compensation for attending an official meeting or conducting official services or duties while representing more than one of his or her districts. However, such commissioner may receive additional per diem compensation if approved by resolution of all boards of the affected commissions.
[ 2020 c 83 s 13; 2007 c 469 s 12; 1998 c 121 s 13; 1991 c 349 s 24; 1985 c 396 s 61; 1965 c 26 s 8; 1937 c 72 s 95; RRS s 9663E-95. Formerly RCW 86.08.175, part, and 86.08.195, part.]

catchline: Board of directors—Compensation and expenses of members and employees.


title: RCW 86.09.286

text:
No director or any other officer named in this chapter shall in any manner be interested, directly or indirectly, in any contract awarded or to be awarded by the board, or in the profits to be derived therefrom; and for any violation of this provision, such officer shall be deemed guilty of a misdemeanor, and such conviction shall work a forfeiture of his office, and he shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both fine and imprisonment: PROVIDED, That nothing in this section contained shall be construed to prevent any district officer from being employed by the district as foreman or as a day laborer: PROVIDED FURTHER, That this section shall have no application to any person who is a state employee as defined in RCW 42.52.010.
[ 1994 c 154 s 316; 1969 ex.s. c 234 s 35; 1937 c 72 s 96; RRS s 9663E-96. Formerly RCW 86.08.215.]
Notes:
Effective date—1994 c 154: See RCW 42.52.904.
Ethics in public service act: Chapter 42.52 RCW.

catchline: Board of directors—Personal interest in contracts prohibited—Penalty—Officer may be employed.


title: RCW 86.09.292

text:
In case any member of the district board is absent at the time of any regular monthly meeting of said board, and a quorum of said board cannot be obtained by reason of the absence of said member, it shall be the duty of the chair of the board of county commissioners of the county in which the office of the district board is located to act in place of said absent member, and the acts of the district board at said meeting shall be valid so far as a quorum is concerned and shall have the same effect as though said absent member were present and acting thereat.
[ 2013 c 23 s 449; 1937 c 72 s 98; RRS s 9663E-98. Formerly RCW 86.08.205, part.]

catchline: Board of directors—Chair of county commissioners may act when quorum not present.


title: RCW 86.09.301

text:
Every district officer, upon taking office, shall take and subscribe an official oath for the faithful discharge of the duties of his or her office during the term of his or her incumbency.
[ 2013 c 23 s 450; 1985 c 396 s 62; 1937 c 72 s 101; RRS s 9663E-101. Formerly RCW 86.08.195, part.]

catchline: Board of directors—Oath.


title: RCW 86.09.304

text:
Every district officer or employee handling any district funds shall execute a surety bond payable to the district in the sum of double the estimated amount of funds handled monthly, conditioned that the principal will strictly account for all moneys or credit received by him or her for the use of the district. Each bond and the amount thereof shall be approved by the county legislative authority of the county within which the major portion of the district is situated, and thereafter filed with the secretary of the district.
[ 2013 c 23 s 451; 1985 c 396 s 63; 1937 c 72 s 102; RRS s 9663E-102. Formerly RCW 86.08.220, part.]

catchline: Bond of officer or employee handling funds.


title: RCW 86.09.307

text:
All official bonds executed by district officers under the provisions of this chapter shall be secured at the cost of the district.
[ 1937 c 72 s 103; RRS s 9663E-103. Formerly RCW 86.08.220, part.]

catchline: Bonds—Cost charged to district.


title: RCW 86.09.310

text:
Every person, upon the expiration or sooner termination of his or her term of office as an officer of the district, shall immediately turn over and deliver, under oath, to his or her successor in office, all records, books, papers, and other property under his or her control and belonging to such office. In case of the death of any officer, his or her legal representative shall turn over and deliver such records, books, papers, and other property to the successor in office of such deceased person.
[ 2013 c 23 s 452; 1937 c 72 s 104; RRS s 9663E-104.]

catchline: Delivery of property to successor.


title: RCW 86.09.313

text:
The county treasurer of any county in which lands within the flood control district are situated, whose office is nearest distant by public highway to the office of the district board and principal place of business of the district, shall be and is hereby constituted ex officio district treasurer, who shall collect all district assessments and shall keep all district funds required by law.
[ 1937 c 72 s 105; RRS s 9663E-105. Formerly RCW 86.08.225, part.]

catchline: Nearest county treasurer as ex officio district treasurer.


title: RCW 86.09.319

text:
Any county treasurer collecting or handling funds of the district shall be liable upon his or her official bond and to criminal prosecution for malfeasance, misfeasance, or nonfeasance in office relative to any of his or her duties prescribed herein.
[ 2013 c 23 s 453; 1937 c 72 s 107; RRS s 9663E-107. Formerly RCW 86.08.230.]

catchline: Treasurer's liability.


title: RCW 86.09.322

text:
It shall be the duty of the county treasurer of each county, in which lands included within the operation of the district are located, to collect and receipt for all assessments levied as herein provided, and forward monthly all sums so collected to the ex officio district treasurer who shall place the same to the credit of the proper fund of the district.
[ 1937 c 72 s 108; RRS s 9663E-108. Formerly RCW 86.08.240.]

catchline: County treasurers to collect and remit assessments.


title: RCW 86.09.325

text:
The ex officio district treasurer shall pay out moneys collected or deposited with him or her in behalf of the district, or portions thereof, upon warrants issued by the county auditor against the proper funds of the districts, except the sums to be paid out of the bond fund for interest and principal payments on bonds.
[ 2013 c 23 s 454; 1983 c 167 s 201; 1937 c 72 s 109; RRS s 9663E-109. Formerly RCW 86.08.250, part.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: Disbursement of funds by district treasurer.


title: RCW 86.09.328

text:
The said ex officio district treasurer shall report in writing on or before the fifteenth day of each month to the district board, the amount of money held by him or her, the amount in each fund, the amount of receipts for the month preceding in each fund, and the amount or amounts paid out of each fund, and said report shall be filed with the secretary of the board.
[ 2013 c 23 s 455; 1937 c 72 s 110; RRS s 9663E-110. Formerly RCW 86.08.250, part.]

catchline: Monthly report by district treasurer.


title: RCW 86.09.377

text:
Each qualified voter of a flood control district who owns more than ten acres of land within the district shall be entitled to two additional votes for each ten acres or major fraction thereof located within the district, up to a maximum total of forty votes for any voter, or in the case of community property, a maximum total of twenty votes per member of the marital community.
[ 1991 c 349 s 4; 1985 c 396 s 22.]

catchline: Voting rights.


title: RCW 86.09.379

text:
No informality in conducting any election authorized by this chapter shall invalidate the same, if the election shall have been otherwise fairly conducted.
[ 1937 c 72 s 127; RRS s 9663E-127. Formerly RCW 86.08.165.]

catchline: Elections—Informality not fatal.


title: RCW 86.09.380

text:
RCW 85.38.140 through 85.38.170 constitute a mutually exclusive alternative method by which flood control districts in existence as of July 28, 1985, may measure and impose special assessments and adopt budgets. RCW 85.38.150 through 85.38.170 constitute the exclusive method by which flood control districts created after July 28, 1985, may measure and impose special assessments and adopt budgets.
[ 1985 c 396 s 29.]


title: RCW 86.09.382

text:
It shall be and hereby is presumed that lands within flood control districts organized under the provisions of this chapter, shall be benefited in relation to their respective classes to be determined as herein provided, and that the relative ratios of benefits for said lands arising from their locations in said respective classes shall be the basis upon which the same shall be assessed to raise district revenues for any and all purposes now or hereafter authorized by law.
[ 1937 c 72 s 128; RRS s 9663E-128. Formerly RCW 86.08.450, part.]

catchline: Assessments—Presumption that land benefited by class—Benefit ratio basis of assessment.


title: RCW 86.09.385

text:
As a basis for the levy of all assessments authorized under this chapter, the county legislative authority of the county within which the major portion of the district is situated, soon after the creation of the district, shall cause to be prepared a base map of the lands within the district and deliver the same to the secretary of the district: PROVIDED, That said county legislative authority shall not be required to prepare said base map unless ample appropriation of funds for the purpose has been made.
[ 1985 c 396 s 64; 1965 c 26 s 10; 1937 c 72 s 129; RRS s 9663E-129. Formerly RCW 86.08.420, part.]

catchline: Assessments—Base map of lands within the district.


title: RCW 86.09.388

text:
Upon receipt of the base map the board of directors of the district shall appoint a board of three appraisers subject to the written approval of the county legislative authority of the county within which the major portion of the district is situated, whose duty it shall be to determine the ratio of benefits which the several tracts of land shall receive with respect to each other from the organization and operation of the district and the construction and maintenance of the district works in accordance with the comprehensive plan therefor adopted by the directors of the district.
[ 1985 c 396 s 65; 1965 c 26 s 11; 1937 c 72 s 130; RRS s 9663E-130. Formerly RCW 86.08.420, part, and 86.08.430, part.]

catchline: Assessments—Appointment of appraisers—Determination of benefit ratios.


title: RCW 86.09.391

text:
The board of appraisers shall elect a member as chair and the secretary of the district or his or her deputy shall be ex officio secretary of the board of appraisers. The appraisers shall receive such compensation and expenses as the board of directors of the district, with the approval of the county legislative authority of the county within which the major portion of the district is situated, shall determine, and which may forthwith be paid by the issuance of district warrants.
[ 2013 c 23 s 456; 1985 c 396 s 66; 1937 c 72 s 131; RRS s 9663E-131. Formerly RCW 86.08.420, part.]

catchline: Assessments—Appraisers' board, chair, and secretary—Compensation and expenses.


title: RCW 86.09.394

text:
For the purpose of determining said ratios of benefits, said board of appraisers shall segregate the acreage of the respective lands within the district into such number of classes as in the sole judgment of the members of the board of appraisers shall fairly represent the manifest degrees of benefits, including benefits from better sanitation, easier accessibility, facility of drainage, promotion of land development as well as from minimization of flood damages and from actual flood protection, accruing to the several lands from the organization and operation of the district and the construction and maintenance of the district works in accordance with the comprehensive plan therefor adopted by the directors of the district.
[ 1937 c 72 s 132; RRS s 9663E-132. Formerly RCW 86.08.440, part.]

catchline: Assessments—Classification of lands according to benefits—Factors considered.


title: RCW 86.09.397

text:
Said board of appraisers shall have full authority and it shall be its duty to segregate and classify the acreage of the lands and subdivisions of the same with respect to their respective relative benefits received and to be received from the organization and operation of the district and the construction and maintenance of the district works in accordance with the comprehensive plan therefor adopted by the directors of the district. Those lands receiving the greatest benefits shall be placed in class No. 1; those lands receiving the next greatest benefits shall be placed in class No. 2, and so on down to the class of the least benefits. Those lands receiving no benefits shall be designated "nonbenefited."
[ 1937 c 72 s 133; RRS s 9663E-133. Formerly RCW 86.08.430, part.]

catchline: Assessments—Classification of lands by appraisers—Classes described.


title: RCW 86.09.400

text:
Said board of appraisers shall have full authority and it shall be its duty to determine the percentage of benefits which the acreage of the lands in each class shall have with respect to the lands in class No. 1. Those lands falling in class No. 1 shall have the ratio or percentage of one hundred and those lands in the other respective classes shall be given such percentages of the lands in class No. 1 as said board of appraisers shall determine.
[ 1937 c 72 s 134; RRS s 9663E-134. Formerly RCW 86.08.430, part.]

catchline: Assessments—Percentage of benefits to lands as classed—Relative ratios.


title: RCW 86.09.403

text:
In determining the classification of said lands and their relative percentages of benefits, as herein provided, said board of appraisers shall consider the benefits of every kind accruing to said lands, as aforesaid, and shall make such investigation and surveys of the same as said board of appraisers shall deem necessary. The board of appraisers shall also examine and consider the data and records of the commission which fixed the boundaries of the district.
[ 1937 c 72 s 135; RRS s 9663E-135. Formerly RCW 86.08.440, part.]

catchline: Assessments—Surveys, investigations to determine classification and benefits.


title: RCW 86.09.406

text:
The ratio of percentage determined by said board of appraisers for each class of lands aforesaid shall constitute the ratio of benefits of each acre or fraction thereof in its respective class for all district assessment purposes until changed in the manner herein provided.
[ 1937 c 72 s 136; RRS s 9663E-136. Formerly RCW 86.08.450, part.]

catchline: Assessments—Permanency of ratios of benefits as fixed.


title: RCW 86.09.409

text:
As an independent and alternative method to any other method herein authorized and subject to the prior written approval of the county legislative authority of the county within which the major portion of the district is situated, the ratio of benefits herein mentioned may be determined in their relation to the relative values of the respective benefited lands, including the improvements thereon, and the same shall be expressed on a relative percentage basis.
[ 1985 c 396 s 67; 1937 c 72 s 137; RRS s 9663E-137. Formerly RCW 86.08.460, part.]

catchline: Assessments—Alternative method of determining benefit ratios.


title: RCW 86.09.412

text:
In case said alternative method of determining the ratio of benefits is adopted by any such district the percentage given a tract of land shall fix the class to which said tract belongs for assessment purposes.
[ 1937 c 72 s 138; RRS s 9663E-138. Formerly RCW 86.08.460, part.]

catchline: Assessments—Alternative method, percentage shall fix the class.


title: RCW 86.09.415

text:
In determining the relative values of such lands, including improvements thereon, the assessed valuation of the same for general tax purposes last equalized shall be construed to be prima facie correct: PROVIDED, That nothing herein contained shall be construed to prevent the fixing of values where none are shown on the general tax roll or the revision of such values on the general tax roll in any instance where in the sole judgment of the revising officers for the district the value for general tax purposes is manifestly and grossly erroneous in its relation to value of like property in the district similarly situated: AND PROVIDED FURTHER, That in any instance where any tract of land is protected or partially protected from floods and is financially supporting the works affording such protection the revising officers for the district shall take the value of such existing flood protection into consideration and give such land equitable credit therefor.
[ 1937 c 72 s 139; RRS s 9663E-139. Formerly RCW 86.08.460, part.]

catchline: Assessments—Determining relative values—General tax rolls.


title: RCW 86.09.418

text:
Upon completion of the control works of the district or of any unit thereof, the board of directors of the district may, with the written consent of the county legislative authority of the county within which the major portion of the district is situated, and upon petition signed by landowners representing twenty-five percent of the acreage of the lands in the district or twenty-five percent of the value of the assessments of the district shall, appoint three qualified persons who shall be approved in writing by the county legislative authority, to act as a board of appraisers and who shall reconsider and revise and/or reaffirm the classification and relative percentages, or any part or parts thereof, in the same manner and with the same legal effect as that provided herein for the determination of such matters in the first instance: PROVIDED, That such reexamination shall have no legal effect on any assessments regularly levied prior to the order of appraisal by the reexamining board of appraisers.
[ 2017 c 67 s 1; 1985 c 396 s 68; 1937 c 72 s 140; RRS s 9663E-140. Formerly RCW 86.08.470, part.]

catchline: Assessments—Revision of benefit classification—Appointment of reappraisers—Effect of reexamination.


title: RCW 86.09.419

text:
(1) Upon completion of the control works of the district or of any unit of the district, when there is any subdivision, short subdivision, parcel segregation or merger, lot-line adjustment, or other change in the land use characteristics of any tract or tracts of land within the boundaries of the district, occurring after completion of the most recent examination or reexamination of the benefit classification of the lands within the boundaries of the district pursuant to RCW 86.09.388 through 86.09.418, the board of directors of the district may, with the written consent of the county legislative authority of the county within which the major portion of the district is situated, and without a landowner petition or formation of a board of appraisers, reconsider and revise and/or reaffirm the classification and relative percentages assigned to such a tract or tracts consistent with the current district classifications and benefit percentages, in the same manner and with the same legal effect as provided for in this chapter for the determination of these matters originally. However, such a reexamination has no legal effect on any assessment regularly levied prior to the order of appraisal by the reexamining board of directors.
(2) The reexamination process provided in subsection (1) of this section may occur no more than once per calendar year.
[ 2017 c 67 s 2.]

catchline: Assessments—Revision of benefit classification, when subdivision, adjustment, or change in use of tract—Effect of reexamination, process limitation.


title: RCW 86.09.421

text:
When said board of appraisers shall have made said determination of the ratio of benefits, as aforesaid, all the lands within the district shall be classified and properly designated and shall be described in terms of government sections, and fractions thereof in designated townships and ranges, on the base map, and the board of appraisers shall file said map with the secretary of the district: PROVIDED, That platted lands may be described in terms of the recorded plat thereof.
[ 1937 c 72 s 141; RRS s 9663E-141. Formerly RCW 86.08.470, part.]

catchline: Assessments—Descriptions of lands as appraised and classified—Map and filing thereof.


title: RCW 86.09.424

text:
The secretary of the district shall immediately fix a time for hearing objections to the assessment ratios determined by said board of appraisers as shown on said base map. The meeting shall be at the office of the district board and principal place of business of the district and shall be held not less than twenty-five, nor more than thirty-five, days from the date of the first publication of the notice of the hearing.
[ 1937 c 72 s 142; RRS s 9663E-142. Formerly RCW 86.08.475, part.]

catchline: Assessments—Hearing on objections to assessment ratios—Time—Place.


title: RCW 86.09.427

text:
Notice of said hearing shall be given by the secretary of the district by causing a copy of the same to be published for three consecutive weekly issues in a newspaper of general circulation, to be selected by said secretary, published in each of the counties in which any part of the district is located.
[ 1937 c 72 s 143; RRS s 9663E-143. Formerly RCW 86.08.475, part.]

catchline: Assessments—Notice of hearing, publication.


title: RCW 86.09.430

text:
Said notice of hearing on said determination of assessment ratios shall state that the base assessment map designating the classes in which the lands in the district have been placed for assessment purposes on the ratios authorized by law, has been prepared by the board of appraisers and is on file at the office of the district board and may be inspected at any time during office hours; that a hearing on said map will be held before the county legislative authority at the office of the district board on . . . . . ., the . . . . day of . . . . . ., . . . . . ., at the hour of . . . . . . o'clock (naming the time), where any person may appear and present such objections, if any, he or she may have to said map, and shall be signed by the secretary of the district.
[ 2013 c 23 s 457; 1986 c 278 s 43; 1937 c 72 s 144; RRS s 9663E-144. Formerly RCW 86.08.480.]
Notes:
Severability—1986 c 278: See note following RCW 36.01.010.

catchline: Assessments—Contents of notice of hearing.


title: RCW 86.09.433

text:
At the time set for said hearing the county legislative authority shall be present at the place designated in the notice and if it appears that due notice of the hearing has been given, shall proceed to hear such objections to the base map as shall be presented and shall hear all pertinent evidence that may be offered. The county legislative authority shall have authority to adjourn said hearings from time to time to study the record and evidence presented, to make such independent investigation as it shall deem necessary and to correct, modify, or confirm the things set out on said base map or any part thereof and to determine all questions concerning the matter and shall finally make an order confirming said map with such substitutions, changes, or corrections, if any, as may have been made thereon, which order shall be signed by the chair of the county legislative authority and attached to said map.
[ 2013 c 23 s 458; 1985 c 396 s 69; 1937 c 72 s 145; RRS s 9663E-145. Formerly RCW 86.08.485, part.]

catchline: Assessments—Conduct of hearing—Order.


title: RCW 86.09.439

text:
Upon the signing of said order by said county legislative authority and the attachment of the same to said base assessment map, said base assessment map and all things set out on the face thereof shall be conclusive in all things upon all parties, unless appealed from to the superior court in the manner and within the time herein provided.
[ 1986 c 278 s 44; 1937 c 72 s 147; RRS s 9663E-147. Formerly RCW 86.08.485, part.]
Notes:
Severability—1986 c 278: See note following RCW 36.01.010.

catchline: Assessments—Conclusiveness of base assessment map.


title: RCW 86.09.442

text:
When confirmed by order of said county legislative authority as aforesaid, or by order of said county legislative authority making any changes decreed by the court on appeal to the superior court, it shall be the duty of the secretary of the district to prepare a correct copy of so much of said base assessment map as includes the lands in the district situated in each county in which the lands in the district are situated, with the assessment classes and ratios properly designated thereon, and file the same with the respective county assessors of said counties for record therein.
[ 1985 c 396 s 70; 1937 c 72 s 148; RRS s 9663E-148. Formerly RCW 86.08.500, part.]

catchline: Assessments—Copies of base assessment map to be filed with county assessors.


title: RCW 86.09.445

text:
Assessments made against the respective lands in the district to carry out any of the purposes of this chapter shall be levied in accordance with their respective classifications and in proportion to their respective ratios of benefits, set out on the base assessment map.
[ 1937 c 72 s 149; RRS s 9663E-149. Formerly RCW 86.08.500, part.]

catchline: Assessments—Levies to be made according to base assessment map.


title: RCW 86.09.448

text:
Any person, firm, or corporation feeling aggrieved at any determination by said county legislative authority of the classification or relative percentage of his or her or its lands, aforesaid, may have the same reviewed by a proceeding for that purpose, in the nature of an appeal, initiated in the superior court of the county in which the land affected is situated. The matter shall be heard and tried by the court and shall be informal and summary but full opportunity to be heard and present evidence shall be given before judgment is pronounced.
[ 2013 c 23 s 459; 1985 c 396 s 71; 1937 c 72 s 150; RRS s 9663E-150. Formerly RCW 86.08.490, part.]

catchline: Assessments—Appeal to courts.


title: RCW 86.09.451

text:
No such appeal shall be entertained by the court unless notice of the same containing a statement of the substance of the matter complained of and the manner in which the same injuriously affects the appellant's interests shall have been served personally or by registered mail, upon the county legislative authority of the county within which the major portion of the district is situated, and upon the secretary of the district, within twenty days following the date of the determination appealed from.
[ 1985 c 396 s 72; 1937 c 72 s 151; RRS s 9663E-151. Formerly RCW 86.08.490, part.]

catchline: Assessments—Notice of appeal.


title: RCW 86.09.454

text:
No bond shall be required unless a stay is desired, and an appeal shall not be a stay, unless within five days following the service of notice of appeal aforesaid, a bond shall be filed in an amount to be fixed by the court and with sureties satisfactory to the court, conditioned to perform the judgment of the court.
[ 1937 c 72 s 152; RRS s 9663E-152. Formerly RCW 86.08.490, part.]

catchline: Assessments—Appeal—Stay bond, when required.


title: RCW 86.09.457

text:
Costs shall be paid as in civil cases brought in the superior court, and the practices in civil cases shall apply: PROVIDED, That any costs awarded against said county legislative authority shall be in its official capacity only and shall be against and paid by the district.
[ 1985 c 396 s 73; 1937 c 72 s 153; RRS s 9663E-153. Formerly RCW 86.08.495, part.]
Notes:
Civil practice generally: Title 4 RCW; Rules of court.
Costs, generally: Chapter 4.84 RCW.

catchline: Assessments—Civil practice to apply—Costs, liability of district.


title: RCW 86.09.460

text:
An appeal shall lie from the judgment of the superior court as in other civil cases.
[ 1937 c 72 s 154; RRS s 9663E-154. Formerly RCW 86.08.495, part.]

catchline: Assessments—Appeal from superior to supreme court.


title: RCW 86.09.463

text:
In all said appeals from the determination of said county legislative authority, as herein provided, said determination and all parts thereof shall be deemed to be prima facie correct.
[ 1985 c 396 s 74; 1937 c 72 s 155; RRS s 9663E-155. Formerly RCW 86.08.490, part.]

catchline: Assessments—County legislative authority's determination deemed prima facie correct on appeal.


title: RCW 86.09.466

text:
The secretary of the district on or before the first day of November in each year shall estimate the amount of money necessary to be raised for any and all district purposes during the ensuing year based upon a budget furnished him or her by the district board and submit the same to the county legislative authority of the county within which the major portion of the district is situated for its suggestions, approval, and revision and upon the approval of the budget by said county legislative authority, either as originally submitted or as revised, the secretary shall prepare an assessment roll with appropriate headings in which must be listed all the lands in each assessment classification shown on the base assessment map.
[ 2013 c 23 s 460; 1985 c 396 s 75; 1937 c 72 s 156; RRS s 9663E-156. Formerly RCW 86.08.510, part.]

catchline: Assessments—District budget—Approval—Basis for assessment roll.


title: RCW 86.09.469

text:
On such assessment roll in separate columns, must be specified under the appropriate headings:
(1) The reputed owner of the property assessed. If the reputed owner is not known to the secretary, the reputed owner may be stated as "unknown";
(2) The description of the land of the reputed or unknown owner sufficiently definite to identify the land. Where the land is described in the records of the county assessor's office in terms of the assessor's plat tax number, such designation shall be sufficient description of such land on the district's assessment roll. In instances where the district has adopted the alternative method of determining the ratio of benefits as herein authorized the secretary shall annually revise and specify in an appropriate column on the roll the cash value of the respective tracts of lands, including improvements thereon, described on the roll;
(3) The estimated assessable acreage of such respective lands;
(4) The designated classification and their respective ratios of benefits shown on the base assessment map in which the land is situated, with the per acre final ratio or percentage upon which every acre or fraction thereof of the respective lands are to be charged with assessments;
(5) The total amount of the assessment in dollars and cents against each tract of land.
[ 1937 c 72 s 157; RRS s 9663E-157. Formerly RCW 86.08.520, part.]


title: RCW 86.09.472

text:
For the purpose of apportioning the amount of money to be raised by assessment, to the several tracts of land in accordance with their respective classifications, the secretary shall add to the amount of money to be raised fifteen percent thereof for anticipated delinquencies.
[ 1937 c 72 s 158; RRS s 9663E-158. Formerly RCW 86.08.510, part.]

catchline: Assessments—Margin for anticipated delinquencies.


title: RCW 86.09.475

text:
In calculating the amount of assessments to be charged against the respective tracts of land included in the annual district assessment roll, the per acre charge against the lands in class No. 1 on the base map shall be taken as one hundred percent and the per acre charge against the lands in other classes shall be reckoned on their respective final per acre percentages of the per acre assessment against the lands in said class No. 1.
[ 1937 c 72 s 159; RRS s 9663E-159. Formerly RCW 86.08.530.]

catchline: Assessments—How calculated.


title: RCW 86.09.478

text:
Any property which may have escaped assessment for any year or years, shall in addition to the assessment for the then current year, be assessed for such year or years with the same effect and with the same penalties as are provided for such current year and any property delinquent in any year may be directly assessed during the current year for any expenses caused the district on account of such delinquency.
[ 1937 c 72 s 160; RRS s 9663E-160. Formerly RCW 86.08.550.]

catchline: Assessments—Omitted property may be back-assessed.


title: RCW 86.09.481

text:
Where the district embraces lands lying in more than one county the assessment roll shall be so arranged that the lands lying in each county shall be segregated and grouped according to the county in which the same are situated.
[ 1937 c 72 s 161; RRS s 9663E-161. Formerly RCW 86.08.520, part.]

catchline: Assessments—Lands in more than one county.


title: RCW 86.09.484

text:
Upon completion of the assessment roll the secretary shall deliver the same to the district board and immediately give notice thereof and of the time the board of directors, acting as a board of equalization will meet to equalize assessments, by publication in a newspaper published in each of the counties comprising the district. The time fixed for the meeting shall not be less than twenty nor more than thirty days from the first publication of the notice, and in the meantime the assessment roll must remain in the office of the secretary for the inspection of all persons interested.
[ 1937 c 72 s 162; RRS s 9663E-162. Formerly RCW 86.08.540, part.]

catchline: Equalization of assessments—Notice and time for meeting of board of equalization.


title: RCW 86.09.487

text:
Upon the day specified in the notice required by the preceding section for the meeting, the board of directors, which is hereby constituted a board of equalization for that purpose, shall meet and continue in session from day to day as long as may be necessary, not to exceed ten days, exclusive of Sundays, to hear and determine such objections to the said assessment roll as may come before them; and the board may decide the same. The secretary of the board shall be present during its session, and note all changes made at said hearing, and on or before the fifteenth day of January thereafter shall have the assessment roll completed as finally equalized by the board.
[ 1937 c 72 s 163; RRS s 9663E-163. Formerly RCW 86.08.540, part.]

catchline: Equalization of assessments—Meeting of directors as board, length of time—Completion of roll.


title: RCW 86.09.489

text:
When the assessment roll is completed as finally equalized by the board of directors and the total assessment against any tract or contiguous tracts owned by one person or corporation is less than two dollars, the county treasurer shall levy such a minimum amount of two dollars against such tract or contiguous tracts.
[ 1965 c 26 s 13.]

catchline: Levy where total assessment less than two dollars.


title: RCW 86.09.490

text:
The assessment upon real property shall be a lien against the property assessed, from and after the first day of January in the year in which the assessment becomes due and payable, but as between grantor and grantee such lien shall not attach until the county treasurer has completed the property tax roll for the current year's collection and provided the notification required by RCW 84.56.020. The lien shall be paramount and superior to any other lien theretofore or thereafter created, whether by mortgage or otherwise, except a lien for undelinquent flood control district assessments, diking or drainage, or diking or drainage improvement, district assessments and for unpaid and outstanding general ad valorem taxes, and such lien shall not be removed until the assessments are paid or the property sold for the payment thereof as provided by law.
[ 2009 c 350 s 3; 1937 c 72 s 164; RRS s 9663E-164. Formerly RCW 86.08.560, part.]

catchline: Assessment lien—Priority.


title: RCW 86.09.493

text:
On or before the fifteenth day of January in each year the secretary must deliver the assessment roll or the respective segregations thereof to the county treasurer of each respective county in which the lands described are located, with a statement of the amounts and/or percentages of the collections on said roll which shall be apportioned to the respective district funds, and said assessments shall become due and payable at the time or times general taxes accrue payable.
One-half of all assessments on said roll shall become delinquent on the first day of June following the filing of the roll unless said one-half is paid on or before the thirty-first day of May of said year, and the remaining one-half shall become delinquent on the first day of December following, unless said one-half is paid on or before the thirtieth day of November. All delinquent assessments shall bear interest at the rate of ten percent per annum from the date of delinquency until paid.
Within twenty days after the filing of the assessment roll as aforesaid the respective county treasurers shall each publish a notice in a newspaper published in their respective counties in which any portion of the district may lie, that said assessments are due and payable at the office of the county treasurer of the county in which said land is located and will become delinquent unless paid as herein provided. Said notice shall state the dates of delinquency as fixed in this chapter and the rate of interest charged thereon and shall be published once a week for four successive weeks and shall be posted within said period of twenty days in some public place in said district in each county in which any portion of the district is situated.
Upon receiving the assessment roll, the county treasurer shall prepare therefrom an assessment book in which shall be written the description of the land as it appears in the assessment roll, the name of the owner or owners where known, and if assessed to the unknown owners, then the word "unknown", and the total assessment levied against each tract of land. Proper space shall be left in said book for the entry therein of all subsequent proceedings relating to the payment and collection of said assessments.
Upon payment of any assessment the county treasurer must enter the date of said payment in said assessment book opposite the description of the land and the name of the person paying, and give a receipt to such person specifying the amount of the assessment and the amount paid with the description of the property assessed.
It shall be the duty of the county treasurer of the county in which any land in the district is located to furnish upon request of the owner, or any person interested, a statement showing any and all assessments levied as shown by the assessment roll in his or her office upon land described in such request, and all statements of general taxes covering any land in the district shall be accompanied by a statement showing the condition of district assessments against such lands: PROVIDED, That the failure of the county treasurer to render any statement herein required of him or her shall not render invalid any assessments made by any district or proceedings had for the enforcement and collection of district assessments pursuant to this chapter.
[ 2013 c 23 s 461; 1937 c 72 s 165; RRS s 9663E-165. Formerly RCW 86.08.540, part, 86.08.560, part, and 86.08.570.]

catchline: Payment of assessment—Date of delinquency—Notice to pay—Assessment book—Statements.


title: RCW 86.09.496

text:
On or before the thirty-first day of December of each year, the county treasurer of the county in which the land is located shall cause to be posted the delinquency list which must contain the names of persons to whom the property is assessed and a description of the property delinquent and the amount of the assessment and costs due, opposite each name and description.
He or she must append to and post with the delinquency list a notice that unless the assessments delinquent, together with costs and accrued interest, are paid, the real property upon which such assessments are a lien will be sold at public auction. The said notice and delinquent list shall be posted at least twenty days prior to the time of sale. Concurrent as nearly as possible with the date of the posting aforesaid, the said county treasurer shall publish the location of the place where said notice is posted and in connection therewith a notice that unless delinquent assessments together with costs and accrued interest are paid, the real property upon which such assessments are a lien will be sold at public auction. Such notice must be published once a week for three successive weeks in a newspaper of general circulation published in the county within which the land is located; but said notice of publication need not comprise the delinquent list where the same is posted as herein provided. Both notices must designate the time and place of sale. The time of sale must not be less than twenty-one nor more than twenty-eight days from the date of posting and from the date of the first publication of the notice thereof, and the place must be at some point designated by the treasurer.
[ 2013 c 23 s 462; 1937 c 72 s 166; RRS s 9663E-166. Formerly RCW 86.08.580.]

catchline: Delinquency list—Posting and publication.


title: RCW 86.09.499

text:
The treasurer of the county in which the land is situated shall conduct the sale of all lands situated therein and must collect in addition to the assessment due as shown on the delinquent list the costs and expenses of sale and interest at the rate of ten percent per annum from the date or dates of delinquency as hereinbefore provided. On the day fixed for the sale, or some subsequent day to which he or she may have postponed it, and between the hours of ten o'clock a.m. and three o'clock p.m., the county treasurer making the sale must commence the same, beginning at the head of the list, and continuing alphabetically, or in the numerical order of the parcels, lots, or blocks, until completed. He or she may postpone the day of commencing the sale, or the sale from day to day, by giving oral notice thereof at the time of the postponement, but the sale must be completed within three weeks from the first day fixed.
[ 2013 c 23 s 463; 1937 c 72 s 167; RRS s 9663E-167. Formerly RCW 86.08.590.]

catchline: Sale for delinquent assessments—Postponement.


title: RCW 86.09.502

text:
The owner or person in possession of any real estate offered for sale for assessments due thereon may designate in writing to the county treasurer, by whom the sale is to be made, and prior to the sale, what portion of the property he or she wishes sold, if less than the whole; but if the owner or possessor does not, then the treasurer may designate it, and the person who will take the least quantity of the land, or in case an undivided interest is assessed, then the smallest portion of the interest, and pay the assessment and costs due, including one dollar to the treasurer for duplicate of the certificate of sale, is the purchaser. The treasurer shall account to the district for said one dollar. If the purchaser does not pay the assessment and costs before ten o'clock a.m. the following day, the property must be resold on the next sale day for the assessments and costs. In case there is no purchaser in good faith for the same on the first day that the property is offered for sale, and if there is no purchaser in good faith when the property is offered thereafter for sale, the whole amount of the property assessed shall be struck off to the district as the purchaser, and the duplicate certificate shall be delivered to the secretary of the district, and filed by him or her in the office of the district. No charge shall be made for the duplicate certificate where the district is the purchaser, and in such case the treasurer shall make an entry, "Sold to the district", and he or she will be credited with the amount thereof in settlement. The district, as a purchaser at said sale, shall be entitled to the same rights as a private purchaser, and may assign or transfer the certificate of sale upon the payment of the amount which would be due if redemption were being made by the owner. If no redemption is made of land for which the district holds a certificate of purchase, the district will be entitled to receive the treasurer's deed therefor in the same manner as a private person would be entitled thereto.
After receiving the amount of assessments and costs, the county treasurer must make out in duplicate a certificate, dated on the day of sale, stating (when known) the names of the persons assessed, a description of the land sold, the amount paid therefor, that it was sold for assessments, giving the amount and the year of assessment, and specifying the time when the purchaser will be entitled to a deed. The certificate must be signed by the treasurer making the sale and one copy delivered to the purchaser, and the other filed in the office of the county treasurer of the county in which the land is situated: PROVIDED, That upon the sale of any lot, parcel, or tract of land not larger than an acre, the fee for a duplicate certificate shall be twenty-five cents and in case of a sale to a person or a district, of more than one parcel or tract of land, the several parcels or tracts may be included in one certificate.
[ 2013 c 23 s 464; 1937 c 72 s 168; RRS s 9663E-168. Formerly RCW 86.08.600.]

catchline: Sale for delinquent assessments—How conducted—Certificate of sale—District as purchaser—Fee.


title: RCW 86.09.505

text:
The county treasurer, before delivering any certificate must file the same and enter in the assessment book opposite the description of the land sold, the date of sale, the purchaser's name and the amount paid therefor, and must regularly number the description on the margin of the assessment book and put a corresponding number on each certificate. Such book must be open to public inspection without fee during office hours, when not in actual use.
On filing the certificate of sale as provided in the preceding paragraph, the lien of the assessment vests in the purchaser and is only divested by the payment to the county treasurer making the sale of the purchase money and interest at the rate of ten percent per annum, from the day of sale until redemption for the use of the purchaser.
[ 1937 c 72 s 169; RRS s 9663E-169. Formerly RCW 86.08.610.]

catchline: Sale for delinquent assessments—Entries in assessment book—Book open to inspection—Lien vested in purchaser.


title: RCW 86.09.508

text:
A redemption of the property sold may be made by the owner or any person on behalf and in the name of the owner or by any party in interest at any time before deed issues, by paying the amount of the purchase price and interest as in this chapter provided, and the amount of any assessments which such purchaser may have paid thereon after purchase by him or her and during the period of redemption in this section provided, together with like interest on such amount, and if the district is the purchaser, the redemptioner shall not be required to pay the amount of any district assessment levied subsequent to the assessment for which said land was sold, but all subsequent and unpaid assessments levied upon said land to the date of such redemption shall remain a lien and be payable and the land be subject to sale and redemption at the times applicable to such subsequent annual district assessment. Redemption must be made in legal tender, as provided for the collection of state and county taxes, and the county treasurer must credit the amount paid to the person named in the certificate and pay it on demand to such person or his or her assignees. No redemption shall be made except to the county treasurer of the county in which the land is situated.
[ 2013 c 23 s 465; 1937 c 72 s 170; RRS s 9663E-170. Formerly RCW 86.08.620.]

catchline: Sale for delinquent assessments—Redemption, when and how made.


title: RCW 86.09.511

text:
Upon completion of redemption, the county treasurer to whom redemption has been made shall enter the word "redeemed", the date of redemption and by whom redeemed on the certificate and on the margin of the assessment book where the entry of the certificate is made. If the property is not redeemed within two years, after the fifteenth day of January of the year in which such property was sold, the county treasurer of the county in which the land sold is situated must thereafter, upon demand of the owner of the certificate of sale, make to the purchaser, or his or her assignees a deed of the property, reciting in the deed substantially the matters contained in the certificate, and that no person redeemed the property during the time allowed by law for its redemption. The treasurer shall receive from the purchaser, for the use of the district, one dollar for making such deed: PROVIDED, If redemption is not made of any lot, parcel, or tract of land not larger than one acre, the fee for a deed shall be twenty-five cents and when any person or district holds a duplicate certificate covering more than one tract of land, the several parcels, or tracts of lands, mentioned in the certificate may be included in one deed.
[ 2013 c 23 s 466; 1937 c 72 s 171; RRS s 9663E-171. Formerly RCW 86.08.630.]

catchline: Sale for delinquent assessments—Entry of redemption—Deed on demand if not redeemed in two years—Fee.


title: RCW 86.09.514

text:
The matter recited in the certificate of sale must be recited in the deed, and such deed duly acknowledged or proved is prima facie evidence that:
First. The property was assessed as required by law.
Second. The property was equalized as required by law.
Third. That the assessments were levied in accordance with law.
Fourth. The assessments were not paid.
Fifth. At a proper time and place the property was sold as prescribed by law and by the proper officers.
Sixth. The property was not redeemed.
Seventh. The person who executed the deed was the proper officer.
Such deed, duly acknowledged or proved, is (except as against actual fraud) conclusive evidence of the regularity of all the proceedings from the assessments by the secretary, inclusive, up to the execution of the deed. The deed conveys to the grantee the absolute title to the lands described therein, free from all incumbrances except the lien of outstanding general ad valorem taxes and of unmatured special assessments. When title to the land is in the United States or this state, such deed shall be prima facie evidence of the right of possession.
[ 1937 c 72 s 172; RRS s 9663E-172. Formerly RCW 86.08.640, part.]

catchline: Sale for delinquent assessments—Effect and validity of deed.


title: RCW 86.09.517

text:
When land is sold for assessments correctly imposed, as the property of a particular person, no misnomer of the owner or supposed owner, or other mistake relating to the ownership thereof, affects the sale or renders it void or avoidable.
[ 1937 c 72 s 173; RRS s 9663E-173. Formerly RCW 86.08.640, part.]

catchline: Sale for delinquent assessments—Mistake, misnomer does not affect sale.


title: RCW 86.09.520

text:
All unsold lands owned by the district shall be exempt from general ad valorem taxes while title to same remains in the district. The district shall not be authorized to lease any of its lands for a term longer than one year, and the proceeds for such lease shall first be applied on account of outstanding ad valorem tax liens, if any.
[ 1937 c 72 s 174; RRS s 9663E-174. Formerly RCW 86.08.650.]

catchline: District lands exempt from general taxes—Leasing, application of proceeds.


title: RCW 86.09.523

text:
Whenever any system of improvement constructed under the provisions of this chapter results in benefit to the whole or any part of a public street or road, street or road bed or track thereof within the district, or will facilitate the construction or maintenance of any sewer system in any city or town within the district, the city, town or subdivision or any of them responsible for the maintenance of said public road, street or sewer, shall be liable for assessment for any or all district purposes.
[ 1937 c 72 s 175; RRS s 9663E-175. Formerly RCW 86.08.660, part.]

catchline: Liability of city, town or subdivision for benefits to roads, streets, or sewer systems.


title: RCW 86.09.526

text:
All school, granted, and other state lands, and lands owned by the United States, when legally possible, and all county, city and other municipally owned property, not used for governmental purposes, and all privately owned lands within the corporate limits of any county, school district, city or other municipal corporation included within the operation of the district and benefited by the district improvement, shall be liable for assessment as provided herein for other property.
[ 1937 c 72 s 176; RRS s 9663E-176. Formerly RCW 86.08.660, part.]

catchline: Liability of public and private lands for benefits.


title: RCW 86.09.529

text:
Assessments charged to any city, town, county, or subdivision thereof shall be paid from any fund of the city, town, county, or subdivision, as its governing body determines. Assessments charged on account of benefits to state highways shall be approved by the secretary of transportation and shall be paid from the state motor vehicle fund.
[ 1984 c 7 s 379; 1937 c 72 s 177; RRS s 9663E-177. Formerly RCW 86.08.660, part.]

catchline: Assessment payment by city, county, subdivision—Payment by state for highway benefit.


title: RCW 86.09.532

text:
There are hereby created for district purposes the following special funds: (1) Expense fund, (2) surplus fund, (3) suspense fund, (4) general bond fund, (5) utility bond fund, (6) contract fund.
[ 1937 c 72 s 178; RRS s 9663E-178. Formerly RCW 86.08.670.]

catchline: District funds—Created.


title: RCW 86.09.535

text:
All assessments collected for administrative, operative and maintenance purposes, all money collected and not otherwise provided for, and any transfers authorized by law from other funds made specifically to the fund, shall be placed by the county treasurer, ex officio treasurer of the district, in the expense fund, and it shall be the duty of the district board to make ample provision for the requirements of this fund by the levy of assessments or by the use of other revenues of the district.
[ 1937 c 72 s 179; RRS s 9663E-179. Formerly RCW 86.08.675.]


title: RCW 86.09.538

text:
The district shall have authority at its option of turning any district revenues not probably required during the current year to the surplus fund by adopting a resolution to that effect and filing a copy of the same with the county treasurer in charge of such fund. For this purpose unrequired moneys may be transferred from other funds, except from either of the two bond funds.
Assessments, not exceeding twenty percent of the total levy for a given year, may be levied for the purpose of supplying moneys for the surplus fund.
The surplus fund may be used for any district purpose authorized by law, by resolution of the board of directors specifying said purpose, and the duration of such use.
[ 1937 c 72 s 180; RRS s 9663E-180. Formerly RCW 86.08.680.]


title: RCW 86.09.541

text:
All district indebtedness, not otherwise provided for, which has not been or will not be paid on substantially a cash basis, shall be paid from the suspense fund and it shall be the duty of the district board to make ample provision for the requirements of this fund by the levy of assessments or by the use of other revenues of the district, authorized by law to be used for this purpose.
[ 1937 c 72 s 181; RRS s 9663E-181. Formerly RCW 86.08.685.]


title: RCW 86.09.544

text:
Moneys in the general bond fund shall be used exclusively for the payment of outstanding general obligation bonds of the district with interest thereon according to their terms. It shall be the duty of the district board to make ample provision for the requirements of this fund by the levy of assessments and/or by the use of other district revenues, authorized by law to be used for this purpose.
[ 1937 c 72 s 182; RRS s 9663E-182. Formerly RCW 86.08.695.]

catchline: District funds—General bond fund—Composition—Use.


title: RCW 86.09.547

text:
Revenues from the use, sale or lease of water and/or other service furnished by the district to the extent pledged to the payment of district utility bonds, as herein provided, shall be placed in the utility bond fund and used exclusively for the payment of such bonds with interest according to their terms.
[ 1937 c 72 s 183; RRS s 9663E-183. Formerly RCW 86.08.700.]

catchline: District funds—Utility bond fund—Composition—Use.


title: RCW 86.09.550

text:
The proceeds from bond sales and revenues from other sources authorized by law to be used for district contract purposes shall be placed in the contract fund and shall be used for the purposes for which the bonds were issued or for which any other contract was entered into by the district.
[ 1937 c 72 s 184; RRS s 9663E-184. Formerly RCW 86.08.690.]


title: RCW 86.09.553

text:
All district moneys shall be paid to the county treasurer having charge of the district funds and by that officer disbursed in the manner provided by law.
[ 1937 c 72 s 185; RRS s 9663E-185. Formerly RCW 86.08.710, part.]

catchline: District funds—Custody and disbursement.


title: RCW 86.09.556

text:
Any claim against the district shall be presented to the district board for allowance or rejection. Upon allowance, the claim shall be attached to a voucher verified by the claimant or his or her agent and approved by the chair of the board and countersigned by the secretary and directed to the county auditor of the county in which the office of the district treasurer is located, for the issuance of a warrant against the proper fund of the district in payment of said claim.
[ 2013 c 23 s 467; 1937 c 72 s 186; RRS s 9663E-186. Formerly RCW 86.08.720, part.]

catchline: Claims against district.


title: RCW 86.09.559

text:
Claims against the district for administrative expenses and for the costs of operation and maintenance of the system of improvement, shall be allowed by the district board and presented to the county auditor with proper vouchers attached for the issuance of warrants against the expense fund of the district. The payroll of the district shall be verified by the foreman in charge and may be presented in one claim for the individual claimants involved. The warrants for said claim shall be issued in the name of the individual claimants, but may be receipted for by said foreman.
[ 1937 c 72 s 187; RRS s 9663E-187. Formerly RCW 86.08.720, part.]

catchline: Claims against district—For administrative expenses, cost, maintenance—Payroll.


title: RCW 86.09.562

text:
Said county treasurer shall pay out the moneys received or deposited with him or her or any portion thereof upon warrants issued by the county auditor of the same county of which the district treasurer is an officer against the proper funds of the district except the sums to be paid out of the special funds for interest and principal payments on bonds or notes.
[ 2013 c 23 s 468; 1986 c 278 s 45; 1983 c 167 s 202; 1937 c 72 s 188; RRS s 9663E-188. Formerly RCW 86.08.710, part.]
Notes:
Severability—1986 c 278: See note following RCW 36.01.010.
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: District funds paid by warrant—Exception.


title: RCW 86.09.565

text:
Warrants drawn on any district fund shall be paid from any moneys in said fund in the order of their issuance.
[ 1937 c 72 s 189; RRS s 9663E-189. Formerly RCW 86.08.710, part.]

catchline: Warrants paid in order of issuance.


title: RCW 86.09.592

text:
In any instance where the district is using, selling or leasing water for beneficial purposes or furnishing other service under the provisions of this chapter and there is reasonable certainty of a permanent fixed income from this source, the district board, upon previous written approval of the county legislative authority of the county within which the major portion of the district is situated, shall have authority to pledge the revenues derived from a fixed proportion of the gross income thus obtained and to issue bonds of the district payable from the utility bond fund and to sell the same to raise money for district purposes.
[ 1985 c 396 s 78; 1937 c 72 s 198; RRS s 9663E-198. Formerly RCW 86.08.790, part.]

catchline: Utility revenue bonds—Authorized.


title: RCW 86.09.595

text:
Bonds payable from the utility bond fund shall not be an obligation of the district and they shall state on their face that they are payable solely from a special fund derived from a certain fixed proportion (naming it) of the gross income derived by the district from the sale or lease of water or from other service, as the case may be, and such fixed proportion of such gross income shall be irrevocably devoted to the payment of such bonds with interest until the same are fully paid.
[ 1937 c 72 s 199; RRS s 9663E-199. Formerly RCW 86.08.790, part, and 86.08.800, part.]

catchline: Utility revenue bonds—Limited obligation—Payment from special fund.


title: RCW 86.09.598

text:
(1) Said utility bonds shall be numbered consecutively, shall mature in series amortized in a definite schedule during a period not to exceed twenty years from the date of their issuance, shall be in such denominations and form and shall be payable, with annual or semiannual interest at such rate or rates and at such place as the county legislative authority of the county within which the major portion of the district is situated shall provide. Such bonds may be in any form, including bearer bonds or registered bonds as provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such bonds may be issued and sold in accordance with chapter 39.46 RCW.
[ 1985 c 396 s 79; 1983 c 167 s 207; 1970 ex.s. c 56 s 94; 1969 ex.s. c 232 s 45; 1937 c 72 s 200; RRS s 9663E-200. Formerly RCW 86.08.800, part.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.

catchline: Utility revenue bonds—Form, terms, interest, etc.


title: RCW 86.09.601

text:
For the purpose of authorizing such utility bonds, an election shall be called, noticed, held and canvassed by the same officers, and in the same manner, as provided herein for the calling, noticing, holding and canvassing of an election to authorize general obligation bonds.
[ 1937 c 72 s 201; RRS s 9663E-201. Formerly RCW 86.08.790, part.]

catchline: Utility revenue bonds—Election to authorize.


title: RCW 86.09.616

text:
Utility bonds and interest thereon shall be paid in the order of their respective due dates and the bonds and interest of a prior issue shall carry preference in payment over those of a subsequent issue: PROVIDED, That where there is not sufficient money in the utility bond fund to pay all matured demands against the same in accordance with the preference right above mentioned, the county treasurer shall pay the interest on the bonds having the preference right of payment in their numerical order beginning with the bond having the smallest number, to the extent of the available money in the utility bond fund.
[ 1937 c 72 s 206; RRS s 9663E-206. Formerly RCW 86.08.800, part.]

catchline: Utility revenue bonds and coupons—Order of payment—When funds deficient.


title: RCW 86.09.619

text:
It shall be the duty of the board of directors of the district to make adequate provision for the payment of all district bonds in accordance with their terms by levy and collection of assessments or otherwise and upon its failure so to do said levy and collection of assessments shall be made as follows:
(1) If the annual assessment roll has not been delivered to the county treasurer on or before the fifteenth day of January, he or she shall notify the secretary by registered mail that the roll must be delivered to him or her forthwith.
(2) If the roll is not delivered within ten days from the date of mailing the notice, or if the roll has not been equalized and the levy made, the treasurer shall immediately notify the county commissioners of the county in which the office of the directors is situated, and such commissioners shall cause an assessment roll for the district to be prepared and shall equalize it if necessary, and make the levy in the same manner and with like effect as if it had been made and equalized by the directors, and all expenses incident thereto shall be borne by the district.
(3) In case of neglect or refusal of the secretary to perform his or her duties, the district treasurer shall perform them, and shall be accountable therefor, on his or her official bond, as in other cases.
[ 2013 c 23 s 469; 1965 c 26 s 12; 1937 c 72 s 207; RRS s 9663E-207. Formerly RCW 86.08.820, part.]

catchline: District directors to make provision for payment—Procedure on failure of directors.


title: RCW 86.09.621

text:
Special assessment bonds and notes shall be issued and sold in accordance with chapter 85.38 RCW.
[ 1986 c 278 s 28.]
Notes:
Severability—1986 c 278: See note following RCW 36.01.010.

catchline: Special assessment bonds.


title: RCW 86.09.622

text:
Flood control districts may be dissolved upon a favorable sixty percent vote of the electors voting at an election for that purpose called, noticed, conducted and canvassed in the manner provided in this chapter for special elections and no further district obligations shall thereafter be incurred: PROVIDED, That the election shall not abridge or cancel any of the outstanding obligations of the district, and the county legislative authority of the county within which the major portion of the district is situated shall each year at the time and in the manner provided in this chapter for the levy of district assessments, levy assessments against the lands in the district and the same shall be collected and enforced in the manner provided herein, until the outstanding obligations of the district are fully paid.
[ 1985 c 396 s 83; 1937 c 72 s 208; RRS s 9663E-208. Formerly RCW 86.08.830, part.]
Notes:
Dissolution of districts: Chapter 53.48 RCW.

catchline: Dissolution of districts—Procedure.


title: RCW 86.09.625

text:
When the obligations have been fully paid, all moneys in any of the funds of the district and all collections of unpaid district assessments shall be transferred to the general fund of the county within which the major portion of the district is situated as partial reimbursement for moneys expended and services rendered by the county for and in behalf of the district, and thereupon the county legislative authority of that county shall file a statement of the full payment of the district's obligations for record in the county auditor's office in each county in which any lands in the district were situated and thereafter the dissolution of the district shall be complete and its corporate existence ended.
[ 1985 c 396 s 84; 1937 c 72 s 209; RRS s 9663E-209. Formerly RCW 86.08.830, part.]
Notes:
Reclamation revolving fund abolished, moneys transferred to reclamation revolving account: RCW 43.79.330 through 43.79.334.

catchline: Dissolution of districts—When complete.


title: RCW 86.09.700

text:
A board may amend the district comprehensive plan of flood control, alter, reduce or enlarge the district system of improvement, within or without the district, and change the district boundaries so as to include land likely to be benefited by said amendment, alteration, reduction or enlargement by filing a petition to that effect with the county legislative authority of the county within which the major portion of the district is situated.
[ 1985 c 396 s 85; 1965 c 26 s 14.]

catchline: Revision of district—Petition.


title: RCW 86.09.703

text:
If funds are available the county legislative authority shall, at the expense of the county, refer the petition to the county engineer for a preliminary investigation as to the feasibility of the objects sought by the petition. If the investigation discloses that the matter petitioned for is feasible, conducive to the public welfare, consistent with a comprehensive plan of development and in the best interest of the district and will promote the purposes for which the district was organized, the county legislative authority shall so find, approve the petition, enter an order in his or her records declaring the establishment of the new boundaries as petitioned for, or as modified by him or her, and file a certified copy of the order with each county auditor, without filing fee, and with the board.
The board shall forthwith cause a review of the classifications and ratio of benefits, in the same manner and with the same effect as for the determination of such matters in the first instance.
The lands in the original district shall remain bound for the whole of the original unpaid assessment thereon for the payment of any outstanding warrants or bonds to be paid by such assessments. Until the assessments are collected and all indebtedness of the original district paid, separate funds shall be maintained for the original district and the revised district.
[ 2013 c 23 s 470; 1985 c 396 s 86; 1965 c 26 s 15.]

catchline: Revision of district—Establishment of revised district—Review of benefits—Liability of original district—Segregation of funds.


title: RCW 86.09.710

text:
Flood control districts may annex territory, consolidate with other special districts, and have their operations suspended and be reactivated, in accordance with chapter 85.38 RCW.
[ 1986 c 278 s 16.]
Notes:
Severability—1986 c 278: See note following RCW 36.01.010.

catchline: Annexation of territory—Consolidation of special districts—Suspension of operations—Reactivation.


title: RCW 86.09.720

text:
In addition to the authority provided in this chapter, flood control districts may participate in and expend revenue on cooperative watershed management arrangements and actions, including without limitation those under chapter 39.34 RCW, under chapter 39.106 RCW, and under other intergovernmental agreements authorized by law, for purposes of water supply, water quality, and water resource and habitat protection and management.
[ 2011 c 258 s 15; 2003 c 327 s 18.]
Notes:
Short title—Purpose—Intent—2011 c 258: See RCW 39.106.010.
Finding—Intent—2003 c 327: See note following RCW 39.34.190.

catchline: Cooperative watershed management.


title: RCW 86.09.730

text:
(1) Whenever a district imposes a fee on an applicant for the review of a project permit application related to a residential project, the district must complete its review within the time frames provided for in RCW 36.70B.080(3).
(2) If a district does not complete its review within the required time frame, it must refund or forgo 20 percent of the fee that it charged, or would have charged, the applicant for the review. A district that does not collect a fee for its review of a portion of a project permit application is not required to provide any refund under this section.
(3) For the purposes of this section, "project permit" has the same meaning as in RCW 36.70B.020.
[ 2026 c 235 s 9.]

catchline: Residential project permit application review—Required time frame.


title: RCW 86.09.900

text:
Nothing in this chapter contained shall be construed as affecting or in any wise limiting the powers of counties, cities, towns, diking districts, drainage districts, or other municipal or public agencies in the manner authorized by law to construct and maintain dikes, levees, embankments or other structures and works, or to open, deepen, straighten and otherwise enlarge natural water courses, waterways and other channels, for the purpose of protecting such organizations from overflow.
[ 1937 c 72 s 210; RRS s 9663E-210.]

catchline: Other statutes preserved.


title: RCW 86.09.910

text:
Nothing in this chapter contained shall be held or construed as in any manner abridging, enlarging or modifying any statute now or hereafter existing relating to the organization, operation and dissolution of flood control districts. This chapter is intended as an independent chapter providing for a separate and an additional authority from and to any other authority now existing for the organization, operation and dissolution of flood control districts, as provided in this chapter.
[ 1937 c 72 s 211; RRS s 9663E-211.]

catchline: Chapter supplemental to other acts.


title: RCW 86.09.920

text:
The provisions of this chapter and all proceedings thereunder shall be liberally construed with a view to effect their objects.
[ 1937 c 72 s 212; RRS s 9663E-212.]

catchline: Chapter liberally construed.


title: RCW 86.12.010

text:
The county commissioners of any county may annually levy a tax, beginning with the year 1907, in such amount as, in their judgment they may deem necessary or advisable, but not to exceed twenty-five cents per thousand dollars of assessed value upon all taxable property in such county, for the purpose of creating a fund to be known as "river improvement fund." There is hereby created in each such river improvement fund an account to be known as the "flood control maintenance account."
[ 1973 1st ex.s. c 195 s 129; 1941 c 204 s 8; 1907 c 66 s 1; Rem. Supp. 1941 s 9625. FORMER PART OF SECTION: 1907 c 66 s 4, now codified as RCW 86.12.033.]
Notes:
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Limitation on levies: State Constitution Art. 7 s 2 (Amendments 55 and 59); chapter 84.52 RCW.

catchline: County tax for river improvement fund—Flood control maintenance account.


title: RCW 86.12.020

text:
Said fund shall be expended for the purposes in this chapter provided. Any county, for the control of waters subject to flood conditions from streams, tidal or other bodies of water affecting such county, may inside or outside the boundaries of such county, construct, operate and maintain dams and impounding basins and dikes, levees, revetments, bulkheads, rip-rap or other protection; may remove bars, logs, snags and debris from and clear, deepen, widen, straighten, change, relocate or otherwise improve and maintain stream channels, main or overflow; may acquire any real or personal property or rights and interest therein for the prosecution of such works or to preserve any floodplain or regular or intermittent stream channels from any interference to the free or natural flow of flood or stormwater; and may construct, operate and maintain any and all other works, structures and improvements necessary for such control; and for any such purpose may purchase, condemn or otherwise acquire land, property or rights, including beds of nonnavigable waters and state, county and school lands and property and may damage any land or other property for any such purpose, and may condemn land and other property and rights and interests therein and damage the same for any other public use after just compensation having been first made or paid into court for the owner in the manner prescribed in this chapter. The purposes in this chapter specified are hereby declared to be county purposes.
[ 1970 ex.s. c 30 s 10; 1941 c 204 s 9; 1935 c 162 s 1; 1919 c 109 s 1; 1907 c 66 s 2; Rem. Supp. 1941 s 9626.]
Notes:
Authority and power of counties are supplemental: RCW 36.89.062.
Stormwater control facilities, county powers and authority: Chapter 36.89 RCW.

catchline: Authority to make improvements—Condemnation.


title: RCW 86.12.030

text:
The taking and damaging of land, property or rights therein or thereto by any county, either inside or outside of such county, for flood control purposes of the county is hereby declared to be for a public use. Such eminent domain proceedings shall be in the name of the county, shall be had in the county where the property is situated, and may unite in a single action proceedings to condemn for county use property held by separate owners, the jury to return separate verdicts for the several lots, tracts or parcels of land, or interest therein, so taken or damaged. The proceedings may conform to the provisions of *sections 921 to 926, inclusive, of Remington's Revised Statutes, or to any general law now or hereafter enacted governing eminent domain proceedings by counties. The title so acquired by the county shall be the fee simple title or such lesser estate as shall be designated in the decree of appropriation. The awards in and costs of such proceedings shall be payable out of the river improvement fund.
[ 1941 c 204 s 10; 1907 c 66 s 3; Rem. Supp. 1941 s 9627.]
Notes:
*Reviser's note: "Sections 921 to 926, inclusive, of Remington's Revised Statutes" (except for section 923) are codified as RCW 8.20.010 through 8.20.080. Section 923 was repealed by 1935 c 115 s 1 but compare the first paragraph of RCW 8.28.010 relating to the same subject matter as the repealed section.

catchline: Eminent domain, how exercised.


title: RCW 86.12.033

text:
All expenses to be incurred in accomplishing the objects authorized by this act shall be paid out of said river improvement fund and which fund shall be used for no other purpose than the purposes contemplated by this chapter.
[ 1907 c 66 s 4; RRS s 9628. Formerly RCW 86.12.010, part.]

catchline: Expenses to be paid out of river improvement fund.


title: RCW 86.12.034

text:
Whenever a county of this state, acting pursuant to RCW 86.12.010 through 86.12.033, shall make an improvement in connection with the course, channel or flow of a navigable river, thereby causing it to abandon its existing channel, bed, bank or banks for the entire distance covered by said improvement, or for any part or portion thereof, or by said improvement shall prevent a river from resuming at a future time an ancient or abandoned channel or bed, or shall construct improvements intended so to do, all the right, title and interest of the state of Washington in and to said abandoned channel or channels, bed or beds, bank or banks, up to and including the line of ordinary high water, shall be and the same is hereby given, granted and conveyed to the county making such improvement: PROVIDED, HOWEVER, That any such gift, grant or conveyance shall be subject to any right, easement or interest heretofore given, granted or conveyed to any agency of the state.
[ 1963 c 90 s 1.]

catchline: County entitled to abandoned channels, beds, and banks.


title: RCW 86.12.037

text:
No action shall be brought or maintained against any county, city, diking district, or flood control zone district when acting alone or when acting jointly with any other county, city, or flood control zone district under any law, or any of its or their agents, officers, or employees, for any noncontractual acts or omissions of such county or counties, city or cities, diking district or districts, flood control zone district or districts, or any of its or their agents, officers, or employees, relating to the improvement, protection, regulation, and control for flood prevention and navigation purposes of any river or its tributaries and the beds, banks, and waters thereof: PROVIDED, That nothing contained in this section shall apply to or affect any action now pending or begun prior to the passage of this section.
[ 2010 c 46 s 1; 1921 c 185 s 1; RRS s 9663. Formerly RCW 87.12.180.]

catchline: Liability of counties, cities, and other special purpose districts to others.


title: RCW 86.12.200

text:
The county legislative authority of any county may adopt a comprehensive flood control management plan for any drainage basin that is located wholly or partially within the county.
A comprehensive flood control management plan shall include the following elements:
(1) Designation of areas that are susceptible to periodic flooding, from inundation by bodies of water or surface water runoff, or both, including the river's meander belt or floodway;
(2) Establishment of a comprehensive scheme of flood control protection and improvements for the areas that are subject to such periodic flooding, that includes: (a) Determining the need for, and desirable location of, flood control improvements to protect or preclude flood damage to structures, works, and improvements, based upon a cost/benefit ratio between the expense of providing and maintaining these improvements and the benefits arising from these improvements; (b) establishing the level of flood protection that each portion of the system of flood control improvements will be permitted; (c) identifying alternatives to in-stream flood control work; (d) identifying areas where flood waters could be directed during a flood to avoid damage to buildings and other structures; and (e) identifying sources of revenue that will be sufficient to finance the comprehensive scheme of flood control protection and improvements;
(3) Establishing land use regulations that preclude the location of structures, works, or improvements in critical portions of such areas subject to periodic flooding, including a river's meander belt or floodway, and permitting only flood-compatible land uses in such areas;
(4) Establishing restrictions on construction activities in areas subject to periodic floods that require the flood proofing of those structures that are permitted to be constructed or remodeled;
(5) Establishing restrictions on land clearing activities and development practices that exacerbate flood problems by increasing the flow or accumulation of flood waters, or the intensity of drainage, on low-lying areas. Land clearing activities do not include forest practices as defined in chapter 76.09 RCW; and
(6) Consideration of climate change impacts, including the impact of sea level rise and increased storm severity on people, property, natural resources, and the environment.
A comprehensive flood control management plan shall be subject to the minimum requirements for participation in the national flood insurance program, requirements exceeding the minimum national flood insurance program that have been adopted by the department of ecology for a specific floodplain pursuant to RCW 86.16.031, and rules adopted by the department of ecology pursuant to RCW 86.26.050 relating to floodplain management activities. When a county plans under chapter 36.70A RCW, it may incorporate the portion of its comprehensive flood control management plan relating to land use restrictions in its comprehensive plan and development regulations adopted pursuant to chapter 36.70A RCW.
[ 2023 c 228 s 12; 1991 c 322 s 3.]
Notes:
Findings—Intent—1991 c 322: "(1) The legislature finds that:
(a) Floods pose threats to public health and safety including loss or endangerment to human life; damage to homes; damage to public roads, highways, bridges, and utilities; interruption of travel, communication, and commerce; damage to private and public property; degradation of water quality; damage to fisheries, fish hatcheries, and fish habitat; harm to livestock; destruction or degradation of environmentally sensitive areas; erosion of soil, stream banks, and beds; and harmful accumulation of soil and debris in the beds of streams or other bodies of water and on public and private lands;
(b) Alleviation of flood damage to property and to public health and safety is a matter of public concern;
(c) Many land uses alter the pattern of runoff by decreasing the ability of upstream lands to store waters, thus increasing the rate of runoff and attendant downstream impacts; and
(d) Prevention of flood damage requires a comprehensive approach, incorporating stormwater management and basin-wide flood damage protection planning.
(2) County legislative authorities are encouraged to use and coordinate all the regulatory, planning, and financing mechanisms available to those jurisdictions to address the problems of flooding in an equitable and comprehensive manner.
(3) It is the intent of the legislature to develop a coordinated and comprehensive state policy to address the problems of flooding and the minimization of flood damage." [ 1991 c 322 s 1.]
Purpose—1991 c 322: "The purpose of sections 3 through 13 of this act is to permit counties in cooperation and consultation with cities and towns to adopt a comprehensive system of flood control management and protection within drainage basins and to coordinate the flood control activities of the state, counties, cities, towns, and special districts within such drainage basins." [ 1991 c 322 s 2.]

catchline: Comprehensive flood control management plan—Elements.


title: RCW 86.12.210

text:
A comprehensive flood control management plan that includes an area within which a city or town, or a special district subject to chapter 85.38 RCW, is located shall be developed by the county with the full participation of officials from the city, town, or special district, including conservation districts, and appropriate state and federal agencies. Where a comprehensive flood control management plan is being prepared for a river basin that is part of the common boundary between two counties, the county legislative authority of the county preparing the plan may allow participation by officials of the adjacently located county.
Following adoption by the county, city, or town, a comprehensive flood control management plan shall be binding on each jurisdiction and special district that is located within an area included in the plan. If within one hundred twenty days of the county's adoption, a city or town does not adopt the comprehensive flood control management plan, the city or county shall request arbitration on the issue or issues in dispute. If parties cannot agree to the selection of an arbitrator, the arbitrator shall be selected according to the process described in *RCW 7.04.050. The cost of the arbitrator shall be shared equally by the participating parties and the arbitrator's decision shall be binding. Any land use regulations and restrictions on construction activities contained in a comprehensive flood control management plan applicable to a city or town shall be minimum standards that the city or town may exceed. A city or town undertaking flood or stormwater control activities consistent with the comprehensive flood control management plan shall retain authority over such activities.
[ 1991 c 322 s 4.]
Notes:
*Reviser's note: RCW 7.04.050 was repealed by 2005 c 433 s 50, effective January 1, 2006.
Findings—Intent—Purpose—1991 c 322: See notes following RCW 86.12.200.

catchline: Comprehensive flood control management plan—Participation of local officials—Arbitration of disputed issues.


title: RCW 86.12.220

text:
A county may create one or more advisory committees to assist in the development of proposed comprehensive flood control management plans and to provide general advice on flood problems. The advisory committees may include city and town officials, officials of special districts subject to chapter 85.38 RCW, conservation districts, appropriate state and federal officials, and officials of other counties and other interested persons.
[ 1991 c 322 s 5.]
Notes:
Findings—Intent—Purpose—1991 c 322: See notes following RCW 86.12.200.

catchline: Advisory committees.


title: RCW 86.13.010

text:
Wherever and whenever a river is or shall be the boundary line or part of the boundary line between two counties, or it, or its tributaries or outlet or part thereof, flows through parts of two counties, and the waters thereof have in the past been the cause of damage, by inundation or otherwise, to the roads, bridges or other public property situate in or to other public interests of both such counties, or the flow of such waters shall have alternated between the said counties so at one time or times such waters shall have caused damage to one county and at another time or times to the other county, and it shall be deemed by the boards of county commissioners of both counties to be for the public interests of their respective counties that the flow of such waters be definitely confined to a particular channel, situate in whole or in part in either county, in a manner calculated to prevent such alternation or to prevent or lessen damage in the future, it shall be lawful for the two counties, and their boards of county commissioners are hereby empowered, pursuant to resolution, to enter into a contract in writing in the names of the respective counties for the purpose of settling all disputes in relation to any such situation, and providing ways and means for the control and disposition of such waters. Any such contract may provide:
(1) That it shall be operative in perpetuity, or only for a term of years or other measure of time to be specified therein.
(2) The amount of money to be expended by each county during each year of the life of said contract, or such other method of determining the amount of expenditure or dividing the financial burden as may be agreed upon.
(3) That an annual tax shall be levied, at the same time and in the same manner as other county taxes are levied, each year during the life of the contract, by the county commissioners of each county. The annual tax herein provided for need not be levied at the same rate for each county, but shall be at such rate in each county as will produce annually the amount of money for each county as is required for the fulfillment of the contract on its part: PROVIDED, HOWEVER, That in no event shall any such tax levy by either county exceed twenty-five cents per thousand dollars of assessed value for any one year.
(4) That the general scheme for the improvement of such river shall be as stated in such contract, but by consent of the contracting parties, pursuant to resolution of each board of county commissioners, such scheme may be modified from time to time during the life of the contract. The contract may but need not provide the details of such scheme, but must designate the general purpose to be accomplished. So far as details are not specified in the contract, same shall be for future determination by joint action of the two boards of county commissioners. Any such contract may be subsequently modified or abrogated by mutual consent evidenced by separate resolution of both boards of county commissioners.
[ 1973 1st ex.s. c 195 s 130; 1913 c 54 s 1; RRS s 9651. Formerly RCW 86.12.040.]
Notes:
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.

catchline: Boundary line rivers—Contract to control.


title: RCW 86.13.020

text:
When such a contract shall have been entered into the prosecution of the work of improvement and the expenditure of funds thereof shall be determined upon, controlled and provided for by joint action of the boards of county commissioners of the two counties. So acting jointly, they shall have power to employ subordinates, purchase material or equipment in open market or by contract, let contracts for work, or cause work to be done by day labor, and to reject any and all bids received for work or material. All vouchers, pay rolls, reports, contracts and bonds on contracts shall be in duplicate, one copy to be filed in the office of the county auditor of each county: PROVIDED, HOWEVER, That the expenditure of said funds must be made in such manner so that the fund from each county is drawn on or expended alternately and such alternate expenditure shall be in proportion to the amount contributed by each county as nearly as may be practicable.
[ 1913 c 54 s 2; RRS s 9652. Formerly RCW 86.12.050 and 86.12.060, part.]

catchline: Expenditure of funds—Joint action generally.


title: RCW 86.13.030

text:
When such a contract shall have been entered into it shall be the duty of each of the boards of county commissioners to make for their respective counties, each year, a tax levy at a rate sufficient to meet the requirements of the contract to be performed by the county, or sufficient to provide such lesser amount as the boards of county commissioners shall agree upon for such year, to be evidenced by separate resolution of each board, and when such levy shall be made the same shall be extended upon the tax rolls of the county levying the same as other taxes shall be extended, and shall be collected in the same manner and shall be a lien upon the property as in the case of other taxes. The fund realized in each county by such tax levy shall go into a separate fund in the treasury of the county collecting the same, to be designated intercounty river improvement fund, and the entire fund so collected in the two counties shall be devoted to and be disbursed for the purposes specified in such contract and as in this chapter provided, and for no other purpose, but without regard to the particular county in which the work is performed, material required or expenditure made, it being the intent that the entire fund realized in the two counties shall be devoted to the one common purpose as if the two counties were one county and the two funds one fund. The fund in each county shall be disbursed by the county treasurer of such county upon warrants signed by the county auditor of that county. Such warrants shall be issued by order of the board of county commissioners of such county, or a majority thereof. Each county auditor shall, whenever requested by the county auditor of the other county, furnish the county auditor of the other county a statement of payments into and warrants drawn upon the fund of his or her county from time to time, and in addition thereto, each county auditor shall on the first Monday of January, April, July and October each year during the life of the contract furnish the other a complete statement thereof. Obligations incurred in the prosecution of such improvement and warrants issued shall be payable only out of said special funds, and no general obligation against or debt of either county shall be created thereby or by any contract entered into by virtue of this chapter, but it is not the intent of this chapter to deny to either county the right to have in the courts any proper proceeding to compel compliance with such contract on the part of the other county.
[ 2013 c 23 s 471; 1913 c 54 s 3; RRS s 9653. Formerly RCW 86.12.100.]
Notes:
Limitation on levies: State Constitution Art. 7 s 2 (Amendments 55 and 59); chapter 84.52 RCW.

catchline: Tax levy in each county—Intercounty river improvement fund.