reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.019 - Cooperative watershed management.

RCW 87.03.019
Cooperative watershed management.
In addition to the authority provided throughout this title, an irrigation district, reclamation district, and similar districts organized pursuant to the authority of this title may participate in and expend revenue on cooperative watershed management actions, including watershed management partnerships under RCW 39.34.210 and other intergovernmental agreements, for purposes of water supply, water quality, and water resource and habitat protection and management.
[ 2003 c 327 § 15.]
NOTES:
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.025 - State lands situated in or taken into district—Procedure—Assessments, collection.

RCW 87.03.025
State lands situated in or taken into district—Procedure—Assessments, collection.
Whenever public lands of the state are situated in or taken into an irrigation district they shall be treated the same as other lands, except as hereinafter provided. The commissioner of public lands shall be served with a copy of the petition proposing to include such lands, together with a map of the district and notice of the time and place of hearing thereon, at least thirty days before the hearing, and if he or she determines that such lands will be benefited by being included in the district he or she shall give his or her consent thereto in writing. If he or she determines that they will not be benefited he or she shall file with the board a statement of his or her objections thereto.
Any public lands of the state which are situated within the boundaries of an irrigation district, but which were not included in the district at the time of its organization, may be included after a hearing as herein provided.
Whenever the commissioner or any interested person desires to have state public lands included in an existing district, he or she shall file a request to that effect in writing with the district board, which shall thereupon fix a time and place for hearing the request and post notice thereof in three public conspicuous places in the district, one of which shall be at the place of hearing, at least twenty days before the hearing, and send by registered mail a copy of the notice to the commissioner. The notice shall describe the lands to be included and direct all persons objecting to such inclusion to appear at the time and place stated and present their objections. At the hearing the district board shall consider all objections and may adjourn to a later date, and by resolution determine the matter, and its determination shall be final: PROVIDED, That no such lands shall be included in a district without the written consent of the commissioner of public lands.
Any public lands of the state situated in any irrigation district shall be subject to the provisions of the laws of this state relating to the collection of irrigation district assessments to the same extent and in the same manner in which lands of like character held under private ownership are subject thereto, but collection and payment of the assessments shall be governed solely by the provisions of chapter 79.44 RCW.
[ 2013 c 23 § 480; 1963 c 20 § 13; 1951 2nd ex.s. c 15 § 1; 1951 c 212 § 1; 1923 c 138 § 4; 1921 c 129 § 2; 1919 c 180 § 2; RRS § 7419. Formerly RCW 87.01.060.]
NOTES:
Irrigation district assessments: RCW 87.03.240 through 87.03.305.
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.030 - Elections are governed by irrigation district laws.

RCW 87.03.030
Elections are governed by irrigation district laws.
All elections of irrigation districts, general or special, for any district purpose and in any county of the state shall be called, noticed, and conducted in accordance with the laws of the state, specifically relating to irrigation districts.
[ 1951 c 201 § 1. Formerly RCW 87.01.095.]
NOTES:
Validation—1951 c 201: "All irrigation district elections heretofore called, noticed and conducted for any district purpose in accordance with the laws of the state, specifically relating to irrigation districts irrespective of any contrary general election laws; and any irrigation district election heretofore called, noticed and conducted in accordance with said irrigation district laws is hereby approved and confirmed." [ 1951 c 201 § 2.]
Ballots, declaration of candidacy: RCW 87.03.075.
Certain elections—Districts of two hundred thousand acres: RCW 87.68.060.
Times for holding elections and primaries: RCW 29A.04.311 through 29A.04.330.
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.031 - Absentee voting—Certification of inconvenience.

RCW 87.03.031
Absentee voting—Certification of inconvenience.
Any qualified district elector who certifies as provided in RCW 87.03.032 through 87.03.034 that he or she cannot conveniently be present to cast his or her ballot at his or her proper election precinct on the day of any irrigation district election shall be entitled to vote by absentee ballot in such election in the manner herein provided.
[ 2013 c 23 § 481; 1961 c 105 § 2. Formerly RCW 87.01.096.]
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.032 - Absentee voting—Notice of election, contents—Ballot and form of certificate of qualifications to be furnished.

RCW 87.03.032
Absentee voting—Notice of election, contents—Ballot and form of certificate of qualifications to be furnished.
The notice of election shall conform to the requirements for election notices provided by Title 87 RCW for the election being held, and shall specify in addition that any qualified district elector who certifies that he or she cannot conveniently be present at his or her proper election precinct on the day of election may vote by absentee ballot, and that a ballot and form of certificate of qualifications will be furnished to him or her on written request being made of the district's secretary. The requisite ballot and a form of certificate of qualifications shall be furnished by the district's secretary to any person who prior to the date of election makes written request therefor, stating that he or she is a qualified district elector. Such ballot and form may be furnished also to qualified district electors in any way deemed to be convenient without regard to requests having been made therefor.
[ 2013 c 23 § 482; 1961 c 105 § 3. Formerly RCW 87.01.097.]
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.033 - Absentee voting—Requirements for ballot to be counted—Statement of qualifications—Form of ballot.

RCW 87.03.033
Absentee voting—Requirements for ballot to be counted—Statement of qualifications—Form of ballot.
(1) To be counted in a given election, an absentee ballot must conform to these requirements:
(a) It must be sealed in an unmarked envelope and delivered to the district's principal office prior to the close of the polls on the day of that election; or be sealed in an unmarked envelope and mailed to the district's secretary, postmarked not later than midnight of that election day and received by the secretary within five days of that date.
(b) The sealed envelope containing the ballot shall be accompanied by a certificate of qualifications stating, with respect to the voter, his or her name, age, citizenship, residence, that he or she holds title or evidence of title to lands within the district which, under RCW 87.03.045 entitles him or her to vote in the election, and that he or she cannot conveniently be present to cast his or her ballot at his or her proper election precinct on election day.
(c) The statements in the certificate of qualifications shall be certified as correct by the voter by the affixing of his or her signature thereto in the presence of a witness who is acquainted with the voter, and the voter shall enclose and seal his or her ballot in the unmarked envelope in the presence of this witness but without disclosing his or her vote. The witness, by affixing his or her signature to the certificate of qualifications, shall certify that he or she is acquainted with the voter, that in his or her presence the voter's signature was affixed and the ballot enclosed as required in this paragraph.
(2) The form of statement of qualifications and its certification shall be substantially as prescribed by the district's board of directors. This form may also provide that the voter shall describe all or some part of his or her lands within the district which, under RCW 87.03.045 entitles him or her to vote in the election, but a voter otherwise qualified shall not be disqualified because of the absence or inaccuracy of the description so given. The regular form of irrigation district ballot shall be used by absentee voters.
[ 2013 c 23 § 483; 1961 c 105 § 4. Formerly RCW 87.01.098.]
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.034 - Absentee voting—How incoming ballots are handled—Canvass—Statement of result of both regular and absentee ballots.

RCW 87.03.034
Absentee voting—How incoming ballots are handled—Canvass—Statement of result of both regular and absentee ballots.
(1) Absentee ballots shall be accumulated and kept, unopened, by the district's secretary until the time in which such ballots may be received is closed. The secretary shall deliver them to the board of directors as early as practicable on the following day. That board shall proceed at once to determine whether the voters submitting absentee ballots are qualified so to vote and to count and tally the votes of those so determined to be qualified. The board shall make, record, and certify the result of its determinations and count; and promptly thereafter it shall deliver the ballots, certificates of qualifications, and its certificate to the district's secretary. The provisions of RCW 87.03.100 with respect to recount shall govern also in the case of absentee ballots.
(2) On the completion of the canvass of the regular returns of the several election precincts as provided in RCW 87.03.105, the board of directors shall canvass the returns of the absentee votes and declare the result thereof in substantially the same manner as provided for the returns of the votes cast in the regular manner. Thereupon the statement of the result conforming as nearly as practicable to the requirements of RCW 87.03.110 shall be made covering both regular and absentee votes.
[ 1961 c 105 § 5. Formerly RCW 87.01.099.]
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.035 - Elections to form district—How conducted.

RCW 87.03.035
Elections to form district—How conducted.
The board of county commissioners shall establish a convenient number of election precincts in the proposed district and define the boundaries thereof, and designate a polling place and appoint the necessary election officers for each precinct; which precincts may thereafter be changed by the district board. The election shall be conducted as nearly as practicable in the manner provided for the election of directors. Where a nonassessable area is situated in a district, any notice, delinquent list, or other announcement required by this title to be posted, may be posted in the area and any election may be held therein.
[ 1955 c 57 § 2. Prior: 1921 c 129 § 3, part; 1917 c 162 § 2, part; 1913 c 165 § 2, part; 1889-90 p 672 § 3, part; RRS § 7420, part. Formerly RCW 87.01.070.]
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.040 - Elections to form district—Canvass of returns—Order.

RCW 87.03.040
Elections to form district—Canvass of returns—Order.
The board of county commissioners shall meet on the second Monday after the election and canvass the returns, and if it appears that at least two-thirds of all the votes cast are in favor of the district the board shall by an order declare the district duly organized and shall declare the qualified persons receiving the highest number of votes to be duly elected directors, and shall cause a certified copy of the order to be filed for record in the offices of the auditor and assessor of each county in which any portion of the district is situated. From the date of the filing the organization of the district shall be complete and the directors may, upon qualifying, enter immediately upon the duties of their office, and shall hold office until their successors are elected and qualified. Upon filing the order, the county assessor shall write the name of the district on the permanent tax roll in a column provided for that purpose opposite each description of land in the district. Such column shall be carried forward each year on the current tax roll. In the event of a change in the boundaries of a district, the assessor shall note it in the column upon the tax roll.
[ 1955 c 57 § 3. Prior: 1921 c 129 § 3, part; 1917 c 162 § 2, part; 1913 c 165 § 2, part; 1889-90 p 672 § 3, part; RRS § 7420, part. Formerly RCW 87.01.080.]
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.045 - Qualifications of voters and directors—Districts of two hundred thousand acres.

RCW 87.03.045
Qualifications of voters and directors—Districts of two hundred thousand acres.
In districts with two hundred thousand acres or more, a person eighteen years old, being a citizen of the United States and a resident of the state and who holds title or evidence of title to land in the district or proposed district shall be entitled to vote therein. He or she shall be entitled to one vote for the first ten acres of said land or fraction thereof and one additional vote for all of said land over ten acres. A majority of the directors shall be residents of the county or counties in which the district is situated and all shall be electors of the district. If more than one elector residing outside the county or counties is voted for as director, only that one who receives the highest number of votes shall be considered in ascertaining the result of the election. Where land is community property both the husband and wife may vote if otherwise qualified. An agent of a corporation owning land in the district, duly authorized in writing, may vote on behalf of the corporation by filing with the election officers his or her instrument of authority. An elector resident in the district shall vote in the precinct in which he or she resides, all others shall vote in the precinct nearest their residence.
[ 2013 c 23 § 484; 1985 c 66 § 1; 1971 ex.s. c 292 § 72; 1961 c 192 § 12; 1955 c 57 § 4. Prior: 1953 c 122 § 1; 1921 c 129 § 3, part; 1917 c 162 § 2, part; 1913 c 165 § 2, part; 1889-90 p 672 § 3; RRS § 7420, part. Formerly RCW 87.01.090.]
NOTES:
Severability—1985 c 66: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1985 c 66 § 6.]
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
Certain elections—Districts of two hundred thousand acres: RCW 87.68.060.
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.071 - Certain districts—Individual ownerships—Two votes.

RCW 87.03.071
Certain districts—Individual ownerships—Two votes.
In any irrigation district where more than fifty percent of the total acreage of the district is owned in individual ownerships of less than five acres, each elector who is otherwise qualified to vote pursuant to RCW 87.03.045 shall be entitled to two votes regardless of the size of ownership. Each ownership shall be represented by two votes. If there are multiple owners or joint owners of a single ownership, the owners shall decide among themselves what their two votes shall be. If the ownership is held as community property, the husband shall be entitled to one vote and the wife shall be entitled to one vote or they may vote by common agreement.
[ 1985 c 66 § 3.]
NOTES:
Severability—1985 c 66: See note following RCW 87.03.045.
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.075 - Ballots in all elections—Declaration of candidacy—Petition of nomination—When election not required.

RCW 87.03.075
Ballots in all elections—Declaration of candidacy—Petition of nomination—When election not required.
Voting in an irrigation district shall be by ballot. Ballots shall be of uniform size and quality, provided by the district, and for the election of directors shall contain only the names of the candidates who have filed with the secretary of the district a declaration in writing of their candidacy, or a petition of nomination as hereinafter provided, not later than five o'clock p.m. on the first Monday in November. Ballots shall contain space for sticker voting or for the writing in of the name of an undeclared candidate. Ballots shall be issued by the election board according to the number of votes an elector is entitled to cast. A person filing a declaration of candidacy, or petition of nomination as hereinafter provided, shall designate therein the position for which he or she is a candidate. No ballots on any form other than the official form shall be received or counted.
In any election for directors where the number of votes which may be received will have no bearing on the length of the term to be served, the candidates for the position of director, in lieu of filing a declaration of candidacy hereunder, shall file with the secretary of the district a petition of nomination signed by at least ten qualified electors of the district, or of the division if the district has been divided into director divisions, not later than five o'clock p.m. on the first Monday in November. If, after the expiration of the date for filing petitions of nomination, it appears that only one qualified candidate has been nominated thereby for each position to be filled it shall not be necessary to hold an election, and the board of directors shall at their next meeting declare such candidate elected as director. The secretary shall immediately make and deliver to such person a certificate of election signed by him or her and bearing the seal of the district. The procedure set forth in this paragraph shall not apply to any other irrigation district elections.
[ 2013 c 23 § 485; 1985 c 66 § 4; 1981 c 345 § 1; 1981 c 208 § 1; 1963 c 68 § 1; 1961 c 105 § 1; 1941 c 171 § 2; Rem. Supp. 1941 § 7420-1. Formerly RCW 87.01.110.]
NOTES:
Severability—1985 c 66: See note following RCW 87.03.045.
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.080 - Directors—Election—Terms—Increase and decrease.

RCW 87.03.080
Directors—Election—Terms—Increase and decrease.
An election of directors in an irrigation district shall be held on the second Tuesday of December of each year, and the term of each director shall be three years from the first Tuesday of January following his or her election. The directors elected at the organization election shall serve until their successors are elected and qualified. At the first annual election occurring thirty days or more after the date of the order establishing the district, there shall be elected directors to succeed those chosen at the organization election. If the board consists of three directors the candidate receiving the highest number of votes shall serve a term of three years; the next highest, two years; and the next highest, one year. In case of five directors, the two candidates receiving the highest number of votes shall each serve a term of three years; the next two highest, two years; and the next highest, one year; or until successors are elected and qualified. In case of seven directors, the three candidates receiving the highest number of votes shall each serve a term of three years, the next two highest, two years, and the next two highest, one year, or until their successors are elected and qualified. Whenever a district with three directors desires to increase the number of its directors to five directors or whenever a district with five directors desires to increase the number of its directors to seven directors, the board of directors, acting on its own initiative or on the written petition of at least twenty electors of the district, shall submit the question to the electors of the district at a regular or special district election. In the event the electors by a majority of the votes cast favor an increase in the number of directors, there shall be elected at the next annual district election two additional directors. The person receiving the highest number of votes shall serve for a three year term and the next highest, a two year term.
The number of directors may be decreased to five or three, as the case may be, substantially in the same manner as that provided for the increase of directors. In case of three directors the term of one director only shall expire annually.
[ 2013 c 23 § 486; 1961 c 192 § 14. Prior: 1931 c 41 § 1, part; 1921 c 129 § 4, part; 1919 c 180 § 3, part; 1915 c 179 § 3, part; 1913 c 165 § 3, part; 1895 c 165 § 3, part; 1889-90 p 673 § 4, part; RRS § 7421, part. Formerly RCW 87.01.100.]
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.081 - Directors—Vacancies, how filled.

RCW 87.03.081
Directors—Vacancies, how filled.
A vacancy in the office of director shall be filled by appointment by the board of county commissioners of the county in which the proceedings for the organization of the district were had. At the next annual election occurring thirty days or more after the date of the appointment, a successor shall be elected who shall take office on the first Tuesday in January following and shall serve for the remainder of the unexpired term.
A director appointed to fill a vacancy occurring after the expiration of the term of a director shall serve until his or her successor is elected and qualified. At the next election of directors occurring thirty days or more after the appointment, a successor shall be elected who shall take office on the first Tuesday in January next and shall serve for the term for which he or she was elected.
Failure on the part of any irrigation district to hold one or more annual elections for selection of officers, or otherwise to provide district officers shall not dissolve the district or impair its powers, where later officers for the district are appointed or elected and qualify as such and exercise the powers and duties of their offices in the manner provided by law.
[ 2013 c 23 § 487; 1961 c 192 § 15. Prior: 1931 c 41 § 1, part; 1921 c 129 § 4, part; 1919 c 180 § 3, part; 1915 c 179 § 3, part; 1913 c 165 § 3, part; 1895 c 165 § 3, part; 1889-90 p 673 § 4, part; RRS § 7421, part. Formerly RCW 87.01.120.]
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.082 - Directors—Oaths of office—Secretary.

RCW 87.03.082
Directors—Oaths of office—Secretary.
Each director shall take and subscribe an official oath for the faithful discharge of the duties of his or her office and the oath shall be recorded and filed with the secretary of the board of directors. The secretary shall take and subscribe a written oath of office, which shall be approved and filed as in the case of a director.
[ 2019 c 462 § 1; 2013 c 23 § 488; 1961 c 192 § 16. Prior: 1931 c 41 § 1, part; 1921 c 129 § 4, part; 1919 c 180 § 3, part; 1915 c 179 § 3, part; 1913 c 165 § 3, part; 1895 c 165 § 3, part; 1889-90 p 673 § 4, part; RRS § 7421, part. Formerly RCW 87.01.130.]
NOTES:
Conflicts of interest, irrigation district officers: RCW 42.23.030.
Conviction of public officer forfeits trust: RCW 9.92.120.
Director divisions: Chapter 87.04 RCW.
Misconduct of public officers: Chapter 42.20 RCW.
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.083 - Directors—Recall and discharge.

RCW 87.03.083
Directors—Recall and discharge.
Every member of an irrigation district board of directors is subject to recall and discharge by the legal voters of such district pursuant to the provisions of chapter 29A.56 RCW.
[ 2015 c 53 § 103; 1979 ex.s. c 185 § 15.]
NOTES:
Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013.
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.085 - Post-organization district elections—Election boards—Notice.

RCW 87.03.085
Post-organization district elections—Election boards—Notice.
Fifteen days before any election held under this chapter, subsequent to the organization of any district, the secretary of the board of directors shall cause notices to be posted in three public places in each election precinct, of the time and place of holding the election. The secretary shall also post a general notice of the same in the office of the board, which shall be established and kept at some fixed place to be determined by the board, specifying the polling places of each precinct. Prior to the time for posting the notices, the board must appoint for each precinct, from the electors thereof, one inspector and two judges, who shall constitute a board of election for the precinct. If the board fails to appoint a board of election, or the members appointed do not attend at the opening of the polls on the morning of election, the electors of the precinct present at that hour may appoint the board, or supply the place of an absent member thereof. The board of directors must, in its order appointing the board of election, designate the house or place within the precinct where the election must be held. However, in any irrigation district that is less than two hundred thousand acres in size and is divided into director divisions, the board of directors in its discretion may designate one polling place within the district to serve more than one election precinct. The board of directors of any irrigation district may designate the principal business office of the district as a polling place to serve one or more election precincts and may do so regardless of whether the business office is located within or outside of the boundaries of the district. If the board of directors does designate a single polling place for more than one election precinct, then the election officials appointed by the board of directors may serve more than one election precinct and the election officials may be electors of any of the election precincts for which they are the election board.
[ 1987 c 123 § 1; 1984 c 168 § 2; 1889-90 p 674 § 5; RRS § 7422. Formerly RCW 87.01.140.]
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.090 - Post-organization district elections—Election officers—Voting hours.

RCW 87.03.090
Post-organization district elections—Election officers—Voting hours.
The inspector is chair of the election board, and may
First: Administer all oaths required in the progress of an election.
Second: Appoint judges and clerks, if, during the progress of the election, any judge or clerk cease to act. Any member of the board of election, or any clerk thereof, may administer and certify oaths required to be administered during the progress of an election. The board of election for each precinct may, if they deem it necessary, before opening the polls, appoint two persons to act as clerks of the election. Before opening the polls, each member of the board and each clerk must take and subscribe an oath to faithfully perform the duties imposed upon them by law. Any elector of the precinct may administer and certify such oath. The polls must be opened at one o'clock p.m. on the afternoon of the election, and be kept open until eight o'clock p.m., when the same must be closed. The provisions of the general election law of this state, concerning the form of ballots to be used shall not apply to elections held under this act: PROVIDED, That any district elections called *before this act shall take effect shall be noticed and conducted in the manner prescribed by law in effect at the time the election is called.
[ 2013 c 23 § 489; 1931 c 60 § 1; 1889-90 p 674 § 6; RRS § 7423. Formerly RCW 87.01.150.]
NOTES:
*Reviser's note: The language "before this act shall take effect" in the proviso refers to 1931 c 60 which became effective on midnight June 10, 1931; see preface, 1931 session laws.
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.095 - Post-organization district elections—Counting votes—Record of ballots.

RCW 87.03.095
Post-organization district elections—Counting votes—Record of ballots.
Voting may commence as soon as the polls are opened, and may be continued during all the time the polls remain opened. As soon as the polls are closed, the judges shall open the ballot box and commence counting the votes; and in no case shall the ballot box be removed from the room in which the election is held until all the ballots have been counted. The counting of ballots shall in all cases be public. The ballots shall be taken out, one by one, by the inspector or one of the judges, who shall open them and read aloud the names of each person contained therein and the office for which every such person is voted for. Each clerk shall write down each office to be filled, and the name of each person voted for for such office, and shall keep the number of votes by tallies, as they are read aloud by the inspector or judge. The counting of votes shall be continued without adjournment until all have been counted.
[1889-90 p 675 § 7; RRS § 7424. Formerly RCW 87.01.160.]
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.100 - Post-organization district elections—Certification of returns—Preservation for recount.

RCW 87.03.100
Post-organization district elections—Certification of returns—Preservation for recount.
As soon as all the votes are read off and counted, a certificate shall be drawn upon each of the papers containing the poll list and tallies, or attached thereto, stating the number of votes each one voted for has received, and designating the office to fill which he or she was voted for, which number shall be written in figures and in words at full length. Each certificate shall be signed by the clerks, judges, and the inspector. One of said certificates, with the poll list and the tally paper to which it is attached, shall be retained by the inspector, and preserved by him or her at least six months. The ballots, together with the other of said certificates, with the poll list and tally paper to which it is attached, shall be sealed by the inspector, in the presence of the judges and clerks, and endorsed "Election returns of [naming the precinct] precinct," and be directed to the secretary of the board of directors, and shall be immediately delivered by the inspector, or by some other safe and responsible carrier designated by said inspector, to said secretary, and the ballots shall be kept unopened for at least six months, and if any person be of the opinion that the vote of any precinct has not been correctly counted, he or she may appear on the day appointed for the board of directors to open and canvass the returns, and demand a recount of the vote of the precinct that is so claimed to have been incorrectly counted.
[ 2013 c 23 § 490; 1981 c 345 § 2; 1981 c 208 § 2; 1889-90 p 675 § 8; RRS § 7425. Formerly RCW 87.01.170 and 87.01.210, part.]
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.105 - Post-organization district elections—Canvass.

RCW 87.03.105
Post-organization district elections—Canvass.
No list, tally paper or certificate returned from any election shall be set aside or rejected for want of form, if it can be satisfactorily understood. The board of directors must meet at its usual place of meeting on the first Monday after each election, to canvass the returns. If, at the time of meeting, the returns from each precinct in the district in which the polls were opened have been received, the board of directors must then and there proceed to canvass the returns, but if all the returns have not been received, the canvass must be postponed from day to day until all the returns have been received, or until six postponements have been had. The canvass must be made in public, and by opening the returns and estimating the vote of the district for each person voted for, and declaring the result thereof.
[1889-90 p 676 § 9; RRS § 7426. Formerly RCW 87.01.180.]
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.110 - Post-organization district elections—Statement of result of election—Certificate of election.

RCW 87.03.110
Post-organization district elections—Statement of result of election—Certificate of election.
The secretary of the board of directors must, as soon as the result is declared, enter in the records of such board a statement of such result, which statement must show:
(1) The whole number of votes cast in the district;
(2) The name of the persons voted for;
(3) The office to fill which each person was voted for;
(4) The number of votes given in each precinct to each of such persons;
(5) The number of votes given in each precinct for and against any proposition voted upon.
The board of directors must declare elected the person having the highest number of votes given for each office. The secretary must immediately make out, and deliver to such person a certificate of election signed by him or her and authenticated by the seal of the district.
[ 2013 c 23 § 491; 1913 c 165 § 4; 1895 c 165 § 4; 1889-90 p 676 § 10; RRS § 7427. Formerly RCW 87.01.190.]
NOTES:
Statement of result covering both absentee and regular ballots: RCW 87.03.034.
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.120 - System of drainage, sanitary sewers, or sewage disposal or treatment plants—Question—Notice—Meeting—Resolution.

RCW 87.03.120
System of drainage, sanitary sewers, or sewage disposal or treatment plants—Question—Notice—Meeting—Resolution.
Whenever, in the judgment of the district board, a system of drainage, sanitary sewers, or sewage disposal or treatment plants for any lands included in the operation of the district will be of special benefit to the lands of the district as a whole, it shall pass a resolution to that effect and call a further meeting of the board to determine the question. Notice of said meeting shall be given by the secretary for the same length of time and in the same manner as required by law for the meeting of the county board to hear the petition for the organization of the district. At the time and place mentioned in the notice the board shall meet, hear such evidence as shall be presented, and fully determine the matter by resolution which said resolution shall be final and conclusive upon all persons as to the benefit of said system of drainage, sanitary sewers, or sewage disposal or treatment plants to the lands in the district.
[ 1965 c 141 § 3; 1923 c 138 § 5, part; RRS § 7428-1. Formerly RCW 87.08.130, part.]
NOTES:
Organization of district—Notice: RCW 87.03.020.
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.125 - System of drainage, sanitary sewers, or sewage disposal or treatment plants—Powers upon passage of resolution.

RCW 87.03.125
System of drainage, sanitary sewers, or sewage disposal or treatment plants—Powers upon passage of resolution.
Upon the passing of said resolution, the district shall in all respects have the same power and authority as is now, or may hereafter be, conferred respecting irrigation and all powers in this act conferred upon irrigation districts with respect to irrigation shall be construed to include drainage systems, sanitary sewers, and sewage disposal or treatment plants in conjunction therewith as herein provided.
[ 1965 c 141 § 4; 1923 c 138 § 5, part; RRS § 7428-2. Formerly RCW 87.08.130, part.]
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.130 - District change of name.

RCW 87.03.130
District change of name.
Any district heretofore or hereafter organized and existing, may change its name by filing with the board of county commissioners of the county in which was filed the original petition for the organization of the district, a certified copy of a resolution of its board of directors adopted by the unanimous vote of all the members of said board at a regular meeting thereof providing for such change of name; and thereafter all proceedings of such district shall be had under such changed name, but all existing obligations and contracts of the district entered into under its former name shall remain outstanding without change and with the validity thereof unimpaired and unaffected by such change of name, and a change of name heretofore made by any existing irrigation district in this state, substantially in the manner above provided is hereby ratified, confirmed and validated.
[ 1965 c 141 § 5; 1923 c 138 § 5, part; RRS § 7428-3. Formerly RCW 87.08.140.]
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.135 - Sale or lease of district personal property.

RCW 87.03.135
Sale or lease of district personal property.
An irrigation district has the power to sell or lease personal property owned by the district whenever its board of directors, by resolution: Determines that the property is not necessary or needed for the use of the district; and authorizes the sale or lease. No sale or lease of such property shall be made until notice of the sale or lease is given by publication at least twenty days before the date of the sale or lease in a newspaper of general circulation in the county where the property or part of the property is located or, if there is no such newspaper in the county, in a newspaper of general circulation published in an adjoining county. The publication shall be made at least once a week during three consecutive weeks before the day fixed for making the sale or lease. The publication shall contain notice of the intention of the board of directors to make the sale or lease and shall state the time and place at which proposals for the sale or lease will be considered and at which the sale or lease will be made. Any such property so sold or leased shall be sold or leased to the highest and best bidder.
The provisions of this section relating to publication of notice shall not apply when the value of the property to be sold or leased is less than ten thousand dollars.
[ 2014 c 2 § 1; 1994 c 117 § 1; 1975 1st ex.s. c 163 § 1; 1967 ex.s. c 144 § 7; 1933 c 43 § 1; 1931 c 82 § 1; RRS § 7428-4. Formerly RCW 87.08.150.]
NOTES:
Severability—1967 ex.s. c 144: See note following RCW 36.900.030.
Official paper for publication: RCW 87.03.020.
Organization of board (holding of interest in public lands as evidence of title): RCW 87.03.115.
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.136 - Sale or lease of district real property.

RCW 87.03.136
Sale or lease of district real property.
An irrigation district has the power to sell or lease real property owned by the district whenever its board of directors, by resolution: Determines that the property is not necessary or needed for the use of the district; and authorizes the sale or lease. Notice of the district's intention to sell or lease the property shall be made by publication at least 20 days before the transaction is executed regarding the property in a newspaper of general circulation in the county where the property or part of the property is located or, if there is no such newspaper in the county, in a newspaper of general circulation published in an adjoining county. The publication shall be made at least once a week during three consecutive weeks. The notice shall state whether the sale or lease will be negotiated by the district or will be awarded by bid.
The district may lease the property for a duration determined by the board, afford the lessee the option to purchase the property, sell the property on contract for deferred payments, sell the property pursuant to a promissory note secured by a mortgage or deed of trust, or sell the property for cash and conveyance by deed. The appropriate documents shall be executed by the president of the board and acknowledged by the secretary.
The resolution authorizing the sale or lease shall be entered in the minutes of the board and shall fix the price at which the lease, option, or sale may be made. The price shall be not less than the reasonable market value of the property; however, the board may, without consideration, dedicate, grant, or convey district land or easements in district land for highway or public utility purposes that convenience the inhabitants of the district if the board deems that the action will enhance the value of the remaining district land to an extent equal to or greater than the value of the land or easement dedicated, granted, or conveyed.
During the 2023-2025 fiscal biennium, the limitations under this section on the power of an irrigation district to sell or lease real property owned by the district do not apply to property transferred to the bureau of reclamation or to a public owner under section 3073, chapter 474, Laws of 2023.
[ 2023 c 474 § 8039; 2011 c 50 § 1; 1994 c 117 § 2.]
NOTES:
Conflict with federal requirements—Effective date—2023 c 474: See notes following RCW 28A.320.330.
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.137 - Purchase or condemnation for developing hydroelectric generation capabilities—Limitations.

RCW 87.03.137
Purchase or condemnation for developing hydroelectric generation capabilities—Limitations.
For the purpose of developing hydroelectric generation capabilities in connection with irrigation facilities, the board of directors of an irrigation district shall have the power, in accordance with procedures provided in this chapter, to acquire, either by purchase or condemnation, or other legal means, all lands, waters, water rights, and other property located within or outside the boundaries of the district necessary for the construction, use, supply, maintenance, repair, or improvement of hydroelectric facilities to the extent authorized by *RCW 87.03.015(1), as now or hereafter amended.
Irrigation districts are prohibited from condemning: (1) Any hydroelectric power plants, hydroelectric power sites, power lines or other power facilities or any lands, water rights, or other property of municipal and quasi municipal corporations, cooperatives authorized to engage in the business of distributing electricity, and electrical companies subject to the jurisdiction of the utilities and transportation commission; and (2) water rights held by private individual landowners where such waters are being put to beneficial use.
[ 1979 ex.s. c 185 § 4.]
NOTES:
*Reviser's note: RCW 87.03.015 was amended by 2023 c 105 § 7, changing subsection (1) to subsection (1)(a).
Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013.
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.138 - Civil immunity of directors, officers, employees, or agents for good faith performance of official duties.

RCW 87.03.138
Civil immunity of directors, officers, employees, or agents for good faith performance of official duties.
Directors, officers, employees, or agents of irrigation districts shall be immune from civil liability for any cause of action or claim for damages for any mistakes and errors of judgment in the good faith performance of acts within the scope of their official duties involving any discretionary decision or failure to make a discretionary decision which relate solely to their responsibilities for electrical utilities, hydroelectric facilities, potable water facilities, or irrigation works. This grant of immunity shall not be construed as modifying the liability of the irrigation district.
[ 2004 c 215 § 1; 1983 1st ex.s. c 48 § 3.]
NOTES:
Severability—1983 1st ex.s. c 48: See note following RCW 35.21.415.
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.139 - Lawful disposal of sewage and waste by others—Immunity.

RCW 87.03.139
Lawful disposal of sewage and waste by others—Immunity.
No irrigation district, its directors, officers, employees, or agents operating and maintaining irrigation works for any purpose authorized by law, including the production of food for human consumption and other agricultural and domestic purposes, is liable for damages to persons or property arising from the disposal of sewage and waste discharged by others into the irrigation works pursuant to federal or state statutes, rules, or regulations permitting the discharge.
[ 1997 c 354 § 2.]
2023 Revised Code of Washington › Title 87 - Irrigation › Chapter 87.03 - Irrigation Districts Generally. › 87.03.145 - Condemnation—Finding of benefits and damages—Judgment—Costs.

RCW 87.03.145
Condemnation—Finding of benefits and damages—Judgment—Costs.
The jury, or the court if the jury be waived, in such condemnation proceedings shall find and return a verdict for the amount of damages sustained: PROVIDED, That the court or jury, in determining the amount of damages, shall take into consideration the special benefits, if any, that will accrue to the property damaged by reason of the proposed improvement, and shall make special findings in the verdict of the gross amount of damages to be sustained and the gross amount of special benefits that will accrue. If it shall appear by the verdict or findings, that the gross damages exceed said gross benefits, judgment shall be entered against the district, and in favor of the owner or owners of the property damaged, in the amount of the excess of damages over said benefits, and for the costs of the proceedings, and upon payment of the judgment to the clerk of the court for the owner or owners, a decree of appropriation shall be entered, vesting the title to the property appropriated in the irrigation district. If it shall appear by the verdict that the gross benefits equal or exceed the gross damages, judgment shall be entered against the district and in favor of the owner or owners for the costs only, and upon payment of the judgment for costs a decree of appropriation shall be entered, vesting the title to the property appropriated in the irrigation district. The verdict and findings of the court or jury as to damages and benefits shall be binding upon the board of directors of the irrigation district in their levy of assessments to pay the cost of the irrigation system or improvements on behalf of which the condemnation was had: PROVIDED, That nothing herein contained shall be construed to prevent the district from assessing the remaining lands of the owner or owners, so damaged, for deficiencies on account of the principal and interest on bonds and for other benefits not considered by the jury in the condemnation proceedings. The damages thus allowed but not paid shall be applied pro tanto to the satisfaction of the levies made for such construction costs upon the lands on account of which the damages were awarded.
[ 1923 c 138 § 6; 1919 c 180 § 6; RRS § 7429-1. Formerly RCW 87.08.090.]