Chapter 87.68 RCW

DISTRICTS UNDER CONTRACT WITH UNITED STATES

Sections

87.68.010Resolution to fix time of paying assessments.
87.68.020Discount on advance payments.
87.68.030Meeting of board of equalizationResolutionNotice.
87.68.040Assessment rolls, resolution, to county treasurers.
87.68.050Payment and collection of assessments.
87.68.060Certain electionsDistricts of two hundred thousand acresNotice of election.
87.68.070Deposit of funds in bank of board of control's choice.
87.68.090Security for deposits.
87.68.100Audit of board's records.
87.68.110Costs, assessments forSpecial fundsInvestment of.
87.68.120Contract for use of canal.
87.68.130Contract with board to operate works.
87.68.140Disposal of property authorizedBoard may sue and be sued.

NOTES:

Acquisition, construction, and operating fundsTolls and assessments, alternative methods ofLiens, foreclosure ofDelinquencies by tenants: RCW 87.03.445.
Board's powers and duties generally (contracts with state and United States): RCW 87.03.140.
Bonds, election for (when contracts with United States): RCW 87.03.200.
Cancellation of assessments due United StatesProcedure: RCW 87.03.280.
Certain purposes for which district may be formed: RCW 87.03.010(5).
Indemnity to state on land settlement contracts: Chapter 87.48 RCW.
Levies and assessments (for state or United States): RCW 87.03.260 through 87.03.280.
L.I.D.'sContract with state or United States for local improvement work: RCW 87.03.520.
Payment of bonds and interest (to state and United States): RCW 87.03.215.
Proposed worksReclamation service may make findings: RCW 87.03.185.
Rights of federal agencies as to certain district bonds: RCW 87.03.235.


Resolution to fix time of paying assessments.

At the option of the board of directors assessments of irrigation districts in this state under contract with the United States involving payments thereto for the development and operation of their respective projects shall be payable on or before December 31st of the year in which the assessment is levied and upon the resolution of the board of directors of the district to that effect, adopted and entered at a regular meeting thereof not later than the second Tuesday of September of the year in which the levy is made. Such resolution shall thereafter remain in full force and effect until revoked by the board.
[ 1941 c 141 § 1; Rem. Supp. 1941 § 7525-13.]

NOTES:

Severability1941 c 141: "If any section, provision or part of this act shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the act as a whole or of any section, provision, or part thereof not adjudged invalid or unconstitutional." [ 1941 c 141 § 7.]
Construction1941 c 141: "Nothing in this act contained shall be held or construed to modify, abridge or extend any other law or provision thereof relating to irrigation district assessments or the collection thereof except as herein provided." [ 1941 c 141 § 6.]



Discount on advance payments.

In the event of the adoption and entering of such resolution by the board of directors, a person paying all or one-half of the current district assessment against any tract of land on or before December 31st of the year in which said assessment is levied shall be entitled to a discount of ten percent of said assessment if paid in full and ten percent of one-half of said assessment if one-half only is paid. In the event one-half of said assessment is paid on or before December 31st as aforesaid, the payer of the second half of said assessment shall be entitled to a discount of ten percent of the amount of said second half of said assessment if the same is paid on or before May 31st, next following the December payment. No discount shall be made for payment of district assessments except as herein specifically provided.
[ 1941 c 141 § 2; Rem. Supp. 1941 § 7525-14.]

NOTES:

SeverabilityConstruction1941 c 141: See notes following RCW 87.68.010.



Meeting of board of equalizationResolutionNotice.

Said board of directors shall adopt and enter a resolution fixing the day, hour, and place when and where the board will convene as a board of equalization to equalize the assessment roll and a copy of the resolution adopting December 31st as the day on or before which assessments shall be paid, together with a notice signed by the secretary stating the day, hour, and place of the meeting of the board of equalization, shall be published for two consecutive weekly issues prior to the day of the convening of the board of equalization in some newspaper of general circulation in the district to be previously designated by the district board.
[ 1941 c 141 § 3; Rem. Supp. 1941 § 7525-15.]

NOTES:

SeverabilityConstruction1941 c 141: See notes following RCW 87.68.010.



Assessment rolls, resolution, to county treasurers.

The officers of said district shall cause said assessments to be made, levied and equalized and the assessment roll and any parts thereof to be delivered to the proper county treasurers on or before December 10th of said year and upon receipt of a certified copy of said resolution adopting December 31st as the day on or before which assessments shall be paid, the county officers charged with the collection of irrigation district assessments shall be authorized and it shall be their duty respectively to collect the same in accordance with the provisions of RCW 87.68.010 through 87.68.050 and of said resolution and to account for collections in the manner provided by the irrigation district law.
[ 1941 c 141 § 4; Rem. Supp. 1941 § 7525-16.]

NOTES:

SeverabilityConstruction1941 c 141: See notes following RCW 87.68.010.
Assessments and levies: RCW 87.03.240 through 87.03.305.
Claims, how paid, etc.: RCW 87.03.440.



Payment and collection of assessments.

Irrigation district assessments levied and becoming payable under the provisions of RCW 87.68.010 through 87.68.050 shall be payable on and after December 10th next following the levy and except as in RCW 87.68.010 through 87.68.050 otherwise provided shall become delinquent, shall be collected by the same officials and lands charged with said assessments shall be sold when delinquent; all at the same times in the same manner with the same kind and length of notice and with the same force, effect, obligations, and privileges as provided by the irrigation district law generally for the collection of assessments, and for the sale and redemption of lands charged with delinquent district assessments.
[ 1941 c 141 § 5; Rem. Supp. 1941 § 7525-17.]

NOTES:

SeverabilityConstruction1941 c 141: See notes following RCW 87.68.010.
Assessments, sale, redemption: RCW 87.03.240 through 87.03.475.



Certain electionsDistricts of two hundred thousand acresNotice of election.

In any election called and held in an irrigation district organized and existing under the laws of this state, comprising two hundred thousand or more acres of land within its boundaries, for the purpose of voting on any proposed contract between the district and the United States or any agency thereof where the proposed contract is to include a provision in accordance with the fourth proviso in section 1(b) of the act of congress of May 27, 1937 (50 Stat. 208), the notice of said election shall state, in addition to the other matters and things required by law relating to elections in such districts, that the proposed contract shall include a provision in accordance with the fourth proviso in section 1(b) of the act of congress of May 27, 1937 (50 Stat. 208), and shall also set forth the provisions of section 1(a) and (b) of said federal act.
[ 1939 c 190 § 1; RRS § 7402-283.]

NOTES:

Qualification of voters: RCW 87.03.045.



Deposit of funds in bank of board of control's choice.

Funds in the custody of the board of control of the Sunnyside Division, Yakima Project, or any similar board created or operated by contract or otherwise under or pursuant to the federal reclamation laws, or acting as operating agent for the United States and/or irrigation districts of this state or of other states, may be deposited on general deposit in any one or more banks in this state which such board of control may designate. All such deposits shall be made in the name of the board and be subject to payment on demand on the check of any officer or agent fully authorized and designated by such board. The board of control of the Sunnyside Division, Yakima Project, referred to herein, is the board of control created by the respective contracts entered into by and between the United States of America and the Sunnyside Valley Irrigation District and other irrigation districts of the Sunnyside Division of the Yakima Project, in the state of Washington, under the provisions of the act of congress of June 17, 1902 (32 Stat. 388), and acts amendatory thereof or supplementary thereto, all generally referred to as the federal reclamation laws.
[ 1945 c 163 § 1; Rem. Supp. 1945 § 7525-40. FORMER PART OF SECTION: 1947 c 265 § 2, part; 1945 c 163 § 7, part; Rem. Supp. 1945 § 7525-46, part, now codified in RCW 87.68.140. Formerly RCW 87.68.070 and 87.68.080.]



Security for deposits.

Upon the designation of any bank by the board of control as in RCW 87.68.070 through 87.68.140 provided, the bank shall furnish security for any deposits by mortgage, pledge or hypothecation of bank assets or otherwise in such manner as may be agreed upon between the board of control and the bank, or in lieu thereof, the bank shall file with the board of control a surety bond to such board of control, properly executed by some reliable surety company qualified under the laws of this state to do business therein, in the maximum amount of deposits designated by said board to be carried in such bank, conditioned for the prompt and faithful payment thereof on checks drawn by the officer or agent fully authorized and designated by such board.
[ 1945 c 163 § 2; Rem. Supp. 1945 § 7525-41.]



Audit of board's records.

The state auditor shall audit the books, records and affairs of the board of control every two years, or at such other times as the board shall request, and the costs of the audit shall be paid by said board.
[ 1945 c 163 § 3; Rem. Supp. 1945 § 7525-42.]



Costs, assessments forSpecial fundsInvestment of.

Each irrigation district which has or hereafter may enter into a contract with the United States providing for the operation and maintenance, by means of a board of control, of irrigation works used in common with other districts, shall include in the annual levy of assessments a sufficient amount to pay the annual estimated pro rata proportion of the costs chargeable to such district and also such reserve fund as may be fixed by the contract: PROVIDED, That any district may appropriate moneys from other funds to pay said costs.
When assessments are paid to the county treasurer for the board of control fund, they shall be deposited in a special fund, known as the "Board of Control Fund," and when assessments are paid to the county treasurer for the board of control reserve fund they shall be deposited in a special fund known as the "Board of Control Reserve Fund," and said funds may be disbursed only upon vouchers approved by a majority of the voting power of the members of the board of control, and the county auditor shall issue warrants for the payments of such claims which shall be payable out of the funds on which the same are drawn.
Any moneys in the "Board of Control Reserve Fund," when so requested by the board of control, shall be invested by the treasurer of said county and under the direction of said board of control in U.S. bonds or bonds of the state or any bonds pronounced by the treasurer of the state as valid securities for the deposit of public funds.
[ 1951 c 158 § 1; 1947 c 265 § 1; 1945 c 163 § 4; Rem. Supp. 1947 § 7525-43.]



Contract for use of canal.

Any irrigation district, city, town, or other water user or users whose lands are irrigated by water carried in works transferred by the United States to a board of control, are hereby authorized to enter into contract with another irrigation district whose lands are irrigated by water carried in the same canal to operate and maintain the main canal and other works known as transferred works, and to pay such district in a lump sum its pro rata proportion of the cost of maintenance and operation of such transferred works: PROVIDED, That the amount said pro rata proportion may be estimated and such estimated amount paid at the beginning of any year, and at the end of the year the board shall after determining the true pro rata amount of such user's cost, require such user to pay the balance, if any, of said true pro rata amount.
[ 1945 c 163 § 5; Rem. Supp. 1945 § 7525-44.]



Contract with board to operate works.

Any irrigation district, city, town, or other water user or users whose lands are irrigated by water carried in works transferred by the United States to a board of control are hereby authorized to enter into contract with the board of control for the operation and maintenance of the irrigation works within the district by the board of control and to pay such district in a lump sum the cost of maintenance and operation of such works within the district: PROVIDED, That the amount of the cost of operation of the works in the district may be estimated and the estimated amount paid to the board. At the end of each year the board shall, after determining the true amount of such costs of operation, require such district to pay the balance, if any, of such true amount.
[ 1945 c 163 § 6; Rem. Supp. 1945 § 7525-45.]



Disposal of property authorizedBoard may sue and be sued.

Any such board of control shall have authority to be exercised by a majority of the voting power of the board to sell at such price and upon such terms as may be fixed by said board and any real or personal property owned by the board of control and to authorize the execution by the president and secretary of said board of a good and sufficient conveyance therefor, and said board may sue or be sued in any of the courts of this state without joining the person, corporation or district for whose benefit the suit may be prosecuted or defended.
[ 1947 c 265 § 2; 1945 c 163 § 7; Rem. Supp. 1947 § 7525-46. Formerly RCW 87.68.070, part and 87.68.140.]

NOTES:

Rules of court: Cf. Superior Court Civil Rules.