reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.592 - Utility revenue bonds—Authorized.

RCW 86.09.592
Utility revenue bonds—Authorized.
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 § 78; 1937 c 72 § 198; RRS § 9663E-198. Formerly RCW 86.08.790, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.595 - Utility revenue bonds—Limited obligation—Payment from special fund.

RCW 86.09.595
Utility revenue bonds—Limited obligation—Payment from special fund.
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 § 199; RRS § 9663E-199. Formerly RCW 86.08.790, part, and 86.08.800, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.598 - Utility revenue bonds—Form, terms, interest, etc.

RCW 86.09.598
Utility revenue bonds—Form, terms, interest, etc.
(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 § 79; 1983 c 167 § 207; 1970 ex.s. c 56 § 94; 1969 ex.s. c 232 § 45; 1937 c 72 § 200; RRS § 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.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.601 - Utility revenue bonds—Election to authorize.

RCW 86.09.601
Utility revenue bonds—Election to authorize.
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 § 201; RRS § 9663E-201. Formerly RCW 86.08.790, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.616 - Utility revenue bonds and coupons—Order of payment—When funds deficient.

RCW 86.09.616
Utility revenue bonds and coupons—Order of payment—When funds deficient.
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 § 206; RRS § 9663E-206. Formerly RCW 86.08.800, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.619 - District directors to make provision for payment—Procedure on failure of directors.

RCW 86.09.619
District directors to make provision for payment—Procedure on failure of directors.
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 § 469; 1965 c 26 § 12; 1937 c 72 § 207; RRS § 9663E-207. Formerly RCW 86.08.820, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.621 - Special assessment bonds.

RCW 86.09.621
Special assessment bonds.
Special assessment bonds and notes shall be issued and sold in accordance with chapter 85.38 RCW.
[ 1986 c 278 § 28.]
NOTES:
Severability—1986 c 278: See note following RCW 36.01.010.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.622 - Dissolution of districts—Procedure.

RCW 86.09.622
Dissolution of districts—Procedure.
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 § 83; 1937 c 72 § 208; RRS § 9663E-208. Formerly RCW 86.08.830, part.]
NOTES:
Dissolution of districts: Chapter 53.48 RCW.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.625 - Dissolution of districts—When complete.

RCW 86.09.625
Dissolution of districts—When complete.
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 § 84; 1937 c 72 § 209; RRS § 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.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.700 - Revision of district—Petition.

RCW 86.09.700
Revision of district—Petition.
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 § 85; 1965 c 26 § 14.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.703 - Revision of district—Establishment of revised district—Review of benefits—Liability of original district—Segregation of funds.

RCW 86.09.703
Revision of district—Establishment of revised district—Review of benefits—Liability of original district—Segregation of funds.
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 § 470; 1985 c 396 § 86; 1965 c 26 § 15.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.710 - Annexation of territory—Consolidation of special districts—Suspension of operations—Reactivation.

RCW 86.09.710
Annexation of territory—Consolidation of special districts—Suspension of operations—Reactivation.
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 § 16.]
NOTES:
Severability—1986 c 278: See note following RCW 36.01.010.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.720 - Cooperative watershed management.

RCW 86.09.720
Cooperative watershed management.
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 § 15; 2003 c 327 § 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.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.900 - Other statutes preserved.

RCW 86.09.900
Other statutes preserved.
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 § 210; RRS § 9663E-210.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.910 - Chapter supplemental to other acts.

RCW 86.09.910
Chapter supplemental to other acts.
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 § 211; RRS § 9663E-211.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.920 - Chapter liberally construed.

RCW 86.09.920
Chapter liberally construed.
The provisions of this chapter and all proceedings thereunder shall be liberally construed with a view to effect their objects.
[ 1937 c 72 § 212; RRS § 9663E-212.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.12 - Flood Control by Counties. › 86.12.010 - County tax for river improvement fund—Flood control maintenance account.

RCW 86.12.010
County tax for river improvement fund—Flood control maintenance account.
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 § 129; 1941 c 204 § 8; 1907 c 66 § 1; Rem. Supp. 1941 § 9625. FORMER PART OF SECTION: 1907 c 66 § 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 § 2 (Amendments 55 and 59); chapter 84.52 RCW.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.12 - Flood Control by Counties. › 86.12.020 - Authority to make improvements—Condemnation.

RCW 86.12.020
Authority to make improvements—Condemnation.
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 § 10; 1941 c 204 § 9; 1935 c 162 § 1; 1919 c 109 § 1; 1907 c 66 § 2; Rem. Supp. 1941 § 9626.]
NOTES:
Authority and power of counties are supplemental: RCW 36.89.062.
Stormwater control facilities, county powers and authority: Chapter 36.89 RCW.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.12 - Flood Control by Counties. › 86.12.030 - Eminent domain, how exercised.

RCW 86.12.030
Eminent domain, how exercised.
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 § 10; 1907 c 66 § 3; Rem. Supp. 1941 § 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 § 1 but compare the first paragraph of RCW 8.28.010 relating to the same subject matter as the repealed section.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.12 - Flood Control by Counties. › 86.12.033 - Expenses to be paid out of river improvement fund.

RCW 86.12.033
Expenses to be paid out of river improvement fund.
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 § 4; RRS § 9628. Formerly RCW 86.12.010, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.12 - Flood Control by Counties. › 86.12.034 - County entitled to abandoned channels, beds, and banks.

RCW 86.12.034
County entitled to abandoned channels, beds, and banks.
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 § 1.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.12 - Flood Control by Counties. › 86.12.037 - Liability of counties, cities, and other special purpose districts to others.

RCW 86.12.037
Liability of counties, cities, and other special purpose districts to others.
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 § 1; 1921 c 185 § 1; RRS § 9663. Formerly RCW 87.12.180.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.12 - Flood Control by Counties. › 86.12.210 - Comprehensive flood control management plan—Participation of local officials—Arbitration of disputed issues.

RCW 86.12.210
Comprehensive flood control management plan—Participation of local officials—Arbitration of disputed issues.
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 § 4.]
NOTES:
*Reviser's note: RCW 7.04.050 was repealed by 2005 c 433 § 50, effective January 1, 2006.
Findings—Intent—Purpose—1991 c 322: See notes following RCW 86.12.200.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.12 - Flood Control by Counties. › 86.12.220 - Advisory committees.

RCW 86.12.220
Advisory committees.
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 § 5.]
NOTES:
Findings—Intent—Purpose—1991 c 322: See notes following RCW 86.12.200.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.13 - Flood Control by Counties Jointly. › 86.13.020 - Expenditure of funds—Joint action generally.

RCW 86.13.020
Expenditure of funds—Joint action generally.
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 § 2; RRS § 9652. Formerly RCW 86.12.050 and 86.12.060, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.13 - Flood Control by Counties Jointly. › 86.13.030 - Tax levy in each county—Intercounty river improvement fund.

RCW 86.13.030
Tax levy in each county—Intercounty river improvement fund.
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 § 471; 1913 c 54 § 3; RRS § 9653. Formerly RCW 86.12.100.]
NOTES:
Limitation on levies: State Constitution Art. 7 § 2 (Amendments 55 and 59); chapter 84.52 RCW.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.13 - Flood Control by Counties Jointly. › 86.13.040 - Eminent domain—Procedure—Acquisition by purchase authorized.

RCW 86.13.040
Eminent domain—Procedure—Acquisition by purchase authorized.
When such a contract shall have been entered into the power of eminent domain is hereby vested in each of such counties, to acquire any lands necessary to straighten, widen, deepen, dike or otherwise improve any such river, its tributaries or outlet or to strengthen the banks thereof, or to acquire any land adjacent to such river, or its tributaries, or the right to cut and remove timber upon the same for the purpose of preventing or lessening the falling of timber or brush into the waters of such river or tributaries, or to acquire any rock quarry, gravel deposit or timber for material for the prosecution of such improvement, together with the necessary rights-of-way for the same, or to acquire any dam site or other property necessary for flood control purposes. Any such land, property or rights may be acquired by purchase instead of by condemnation proceedings. Said right of eminent domain shall extend to lands or other property owned by the state or any municipality thereof. The title to any such lands, property or rights so acquired shall vest in the county in which situate for the benefit of such enterprise and said fund, but when said contract shall have terminated by lapse of time or for any other reason, then such title shall be held by such county independent of any claims whatsoever of the other county, but any material, equipment or other chattel property on hand shall be converted into money and the money divided between the two counties in the ratio of their respective contributions to the fund. The exercise of such rights of eminent domain or purchase shall rest in the joint control of the two boards of county commissioners. Such eminent domain proceedings shall be in the name of and had in the county where the property to be acquired is situate: PROVIDED, If either county shall fail or refuse to institute and prosecute any condemnation proceedings when directed so to do by any legal meeting provided for in RCW 86.13.050, such proceeding may be instituted and prosecuted by and in the name of the other county. The proceedings may conform to the provisions of *sections 921 to 926, inclusive, of Remington & Ballinger's Annotated Codes and Statutes of Washington, or to any general law now or hereafter enacted governing eminent domain proceedings by counties. The awards in and costs of such proceedings shall be payable out of such funds. The purposes in this act specified are hereby declared to be county purposes of each and both of such counties.
[ 1937 c 117 § 1; 1913 c 54 § 4; RRS § 9654. Formerly RCW 86.12.060, part, and 86.12.070.]
NOTES:
*Reviser's note: "Sections 921 to 926, inclusive, of Remington & Ballinger's Annotated Codes and Statutes" (except for section 923) are codified as RCW 8.20.010 through 8.20.080. Section 923 was repealed by 1935 c 115 § 1 but compare the first paragraph of RCW 8.28.010 relating to the same subject matter as the repealed section.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.13 - Flood Control by Counties Jointly. › 86.13.060 - Special commissioner—Powers and duties—Compensation.

RCW 86.13.060
Special commissioner—Powers and duties—Compensation.
When such a contract shall have been entered into there shall be designated at the first legal joint meeting, or adjournment thereof, held in each calendar year a special commissioner to serve as such until the first joint meeting held in the ensuing year. If such designation shall not be made at any such first annual meeting, the United States engineer in charge of the district in which such improvement is located shall be such special commissioner until the next succeeding first annual meeting. If a special commissioner shall for any reason fail to serve as such officer, or be removed by unanimous vote of any legal meeting, a successor to him or her may be chosen at any subsequent legal joint meeting during his or her term. Such special commissioner shall have power to attend and vote at any joint meeting in the following cases and none other, to wit: (1) In cases specially so provided in RCW 86.13.050 hereof; (2) in any case where the vote of any such joint meeting shall stand equally divided upon any question arising under this chapter or such contract or in the prosecution of the work of improvement. The special commissioner shall have no voice or vote except upon questions on which the vote of the county commissioners is equally divided. The procedure in cases covered by the foregoing subdivision (2) of this section shall be substantially as follows: It shall be the duty of the secretary of the meeting at which the division shall occur, if the attendance of the special commissioner at that meeting is not secured, to forthwith transmit to the special commissioner written notice of the fact of disagreement and the question involved, and of the time and place to which the meeting shall have been adjourned or at which the question will recur. If there shall be no such adjournment of the meeting, or if the secretary shall not give such notice, any two commissioners may in the manner provided in RCW 86.13.050 call a joint meeting for the consideration of the question in dispute, and in such event either county auditor may give such notice to the special commissioner. No informality in the mode of securing the attendance of the special commissioner shall invalidate the proceedings of or any vote taken at any meeting which he or she shall attend and which he or she is empowered to attend by the provisions of this chapter. The special commissioner shall receive, to be paid equally out of the two funds, his or her traveling and other expenses incurred in attending meetings or otherwise in connection with the work of improvement, and such compensation for his or her services as shall be fixed by the joint meeting which shall have selected him or her, or failing to be so fixed, his or her compensation shall be ten dollars per day of actual service.
[ 2013 c 23 § 473; 1913 c 54 § 6; RRS § 9656. Formerly RCW 86.12.150 and 86.12.160.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.13 - Flood Control by Counties Jointly. › 86.13.070 - Chapter not exclusive.

RCW 86.13.070
Chapter not exclusive.
Nothing in this chapter contained shall be construed to prevent any county which may be a party to such contract from further caring for any such river or the banks thereof, as authorized so to do by existing laws or by such laws as may be hereafter enacted, provided the rights of neither county, as fixed by contract, shall be impaired thereby.
[ 1913 c 54 § 7; RRS § 9657. Formerly RCW 86.12.190.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.13 - Flood Control by Counties Jointly. › 86.13.080 - Liability as between counties.

RCW 86.13.080
Liability as between counties.
No legal claim of any kind or character whatsoever in favor of one county and against the other shall be based upon or created by the enactment hereof, except such as may arise when the contract herein provided for shall have been entered into. After such contract shall have been entered into, should any loss or damage be sustained by either county occasioned by the overflow of any such river, if caused by any act or omission to act of the other county, its officers or agents, or any other cause whatsoever, then such county so suffering or sustaining said loss shall not be entitled to recover therefor from the other county, nor shall any cause of action, legal or equitable be based thereon: PROVIDED, HOWEVER, That if either county shall suffer loss or damage because of the failure or refusal of the other county to perform any such contract on its part to be performed, the injured county shall have a cause of action against the defaulting county to recover the same, but the limit of recovery for any loss or damage suffered in any one year shall not exceed the sum of ten thousand dollars, and any such recovery shall be limited to such special fund, and in no event be recoverable out of the general fund of such defaulting county. If any such loss or damage shall be liquidated in an amount by agreement or by judgment, the defaulting county shall increase its tax levy for said special fund for the ensuing year sufficiently to provide for such liquidated amount: AND PROVIDED FURTHER, That either county may have any proper action in the courts to compel the performance of the contract or any duty imposed thereby or by this chapter.
[ 1913 c 54 § 8; RRS § 9658. Formerly RCW 86.12.170.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.13 - Flood Control by Counties Jointly. › 86.13.090 - Issuance of warrants.

RCW 86.13.090
Issuance of warrants.
When such a contract shall have been entered into, it shall be lawful to issue warrants upon said fund though there be at the time of such issuance no money in the fund, but in such cases the aggregate of such warrants so issued in any year shall not exceed one-half the amount of the next annual tax levy required by such contract. Such warrants shall be stamped by the county treasurer when presented to him or her for payment, to bear interest at a certain rate thereafter until paid, such rate to be the then current rate as determined by the county auditor.
[ 2013 c 23 § 474; 1913 c 54 § 9; RRS § 9659. Formerly RCW 86.12.110.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.13 - Flood Control by Counties Jointly. › 86.13.100 - Lease or disposal of property—Disposition of proceeds.

RCW 86.13.100
Lease or disposal of property—Disposition of proceeds.
Whenever two counties of this state, acting under a contract made pursuant to RCW 86.13.010 through 86.13.090, shall make an improvement in connection with the course, channel, or flow of a river, shall acquire property by statute, purchase, gift, or otherwise, said counties, acting through their boards of county commissioners jointly shall have the power, and are hereby authorized to sell, transfer, trade, lease, or otherwise dispose of said property by public or private, negotiation or sale. The deeds to the property so granted, transferred, leased, or sold shall be executed by the chair of the meeting of the joint boards of county commissioners, and attested by the secretary of said joint meeting where the sale is authorized. The proceeds of the sale of said property shall be used by said counties for the carrying on, completion or maintenance of said improvement, as directed by the boards of county commissioners of said counties acting jointly.
[ 2013 c 23 § 475; 1915 c 103 § 1; RRS § 9660. Formerly RCW 86.12.080.]
NOTES:
Construction—1915 c 103: "This act is not intended to modify, change, alter or amend chapter 54 of the Session Laws of 1913 [RCW 86.13.010 through 86.13.090]." [ 1915 c 103 § 2.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.13 - Flood Control by Counties Jointly. › 86.13.110 - State's title to abandoned channels granted to counties.

RCW 86.13.110
State's title to abandoned channels granted to counties.
Whenever two counties of this state, acting under a contract made pursuant to RCW 86.13.010 through 86.13.090, shall make an improvement in connection with the course, channel or flow of a 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 jointly to the counties making such improvement.
[ 1915 c 140 § 1; RRS § 9662. Formerly RCW 86.12.090.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.001 - Actions subject to review by boundary review board.

RCW 86.15.001
Actions subject to review by boundary review board.
The creation of a flood control zone district may be subject to potential review by a boundary review board under chapter 36.93 RCW. Extensions of service outside of the boundaries of a flood control zone district may be subject to potential review by a boundary review board under chapter 36.93 RCW.
[ 1989 c 84 § 65.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.010 - Definitions.

RCW 86.15.010
Definitions.
The definitions set forth in this section apply through this chapter.
(1) "Board" means the county legislative authority.
(2) "Flood control improvement" means any works, projects, or other facilities necessary for the control of flood waters within the county or any zone or zones.
(3) "Flood waters" and "stormwaters" means any storm waste or surplus waters, including surface water, wherever located within the county or a zone or zones where such waters endanger public highways, streams and water courses, harbors, life, or property.
(4) "Participating zones" means two or more zones found to benefit from a single flood control improvement or stormwater control improvement.
(5) "Stormwater control improvement" means any works, projects, or other facilities necessary to control and treat stormwater within the county or any zone or zones.
(6) "Supervisors" means the board of supervisors, or governing body, of a zone.
(7) "Zones" means flood control zone districts which are quasi municipal corporations of the state of Washington created by this chapter.
[ 1983 c 315 § 11; 1961 c 153 § 1.]
NOTES:
Severability—1983 c 315: See note following RCW 90.03.500.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.020 - Zones—Creation.

RCW 86.15.020
Zones—Creation.
The board may initiate, by affirmative vote of a majority of the board, the creation of a zone or additional zones within the county, and without reference to an existing zone or zones, for the purpose of undertaking, operating, or maintaining flood control projects or stormwater control projects or groups of projects that are of special benefit to specified areas of the county. Formation of a zone may also be initiated by a petition signed by twenty-five percent of the electors within a proposed zone based on the vote cast in the last county general election. If the formation of the zone is initiated by petition, the board shall incorporate the terms of the petition in a resolution within forty days after receiving the petition from the county auditor. Thereafter, the procedures for establishing a zone shall be the same whether initiated by motion of the board or by a petition of electors.
Petitions shall be in a form prescribed and approved by the county auditor and shall include the necessary legal descriptions and other information necessary for establishment of a zone by resolution. When the sponsors of a petition have acquired the necessary signatures, they shall present the petition to the county auditor who shall thereafter certify the sufficiency of the petition within forty-five days. If the petition is found to meet the requirements specified in this chapter, the auditor shall transmit the petition to the board for their action; if the petition fails to meet the requirements of this chapter, it shall be returned to the sponsors.
[ 1983 c 315 § 12; 1961 c 153 § 2.]
NOTES:
Severability—1983 c 315: See note following RCW 90.03.500.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.023 - Zones not to include area in other zones.

RCW 86.15.023
Zones not to include area in other zones.
A board may not establish a zone including an area located in another zone unless this area is removed from the other zone, or the other zone is dissolved, as part of the action creating the new zone.
[ 1991 c 322 § 9.]
NOTES:
Findings—Intent—Purpose—1991 c 322: See notes following RCW 86.12.200.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.025 - Districts incorporating watersheds authorized—Subzones authorized—Creation, procedure—Administration—Powers.

RCW 86.15.025
Districts incorporating watersheds authorized—Subzones authorized—Creation, procedure—Administration—Powers.
(1) The board is authorized to establish a countywide flood control zone district incorporating the boundaries of any and all watersheds located within the county which are not specifically organized into flood control zone districts established pursuant to chapter 86.15 RCW. Upon establishment of a countywide flood control zone district as authorized by this section, the board is authorized and may divide any or all of the zone so created into separately designated subzones and such subzones shall then be operated and be legally established in the same manner as any flood control zone district established pursuant to chapter 86.15 RCW.
(2) Countywide flood control zone districts shall be established pursuant to the requirements of RCW 86.15.020, 86.15.030 and * 86.15.040 as now law of [or] hereafter amended. Subzones established from countywide flood control zone districts shall be established by resolution of the board and the provisions of RCW 86.15.020, 86.15.030 and shall not apply to the establishment of such subzone as authorized by this section.
(3) Such subzones shall be operated and administered in the same manner as any other flood control zone district in accordance with the provisions of chapter 86.15 RCW.
(4) Such subzones shall have authority to exercise any and all powers conferred by the provisions of RCW 86.15.080 as now law or hereafter amended.
(5) The board shall exercise the same power, authority, and responsibility over such subzones as it exercises over flood control zone districts in accordance with the provisions of chapter 86.15 RCW as now law or hereafter amended, and without limiting the generality of this subsection, the board may exercise over such subzones, the powers granted to it by RCW 86.15.160, 86.15.170, 86.15.176 and 86.15.178 as now law or hereafter amended.
[ 1969 ex.s. c 195 § 1.]
NOTES:
*Reviser's note: RCW 86.15.040 was repealed by 1991 c 322 § 13.