Revised Code of Washington
Chapter 87.03 - Irrigation Districts Generally.
87.03.440 - Treasurer—County treasurer as ex officio district treasurer—Designated district treasurer—Duties and powers—Bond—Claims—Preliminary notice requirements when claim for crop damage.

RCW 87.03.440
Treasurer—County treasurer as ex officio district treasurer—Designated district treasurer—Duties and powers—Bond—Claims—Preliminary notice requirements when claim for crop damage.

The treasurer of the county in which is located the office of the district shall be ex officio treasurer of the district, and any county treasurer handling district funds shall be liable upon his or her official bond and to criminal prosecution for malfeasance and misfeasance, or failure to perform any duty as county or district treasurer. The treasurer of each county in which lands of the district are located shall collect and receipt for all assessments levied on lands within his or her county. There shall be deposited with the district treasurer all funds of the district. The district treasurer shall pay out such funds upon warrants issued by the county auditor against the proper funds of the district, except the sums to be paid out of the bond fund for interest and principal payments on bonds: PROVIDED, That in those districts which designate their own treasurer, the treasurer may issue the warrants or any checks when the district is authorized to issue checks. All warrants shall be paid in the order of their issuance. The district treasurer shall report, in writing, on the first Monday in each month to the directors, the amount in each fund, the receipts for the month preceding in each fund, and file the report with the secretary of the board. The secretary shall report to the board, in writing, at the regular meeting in each month, the amount of receipts and expenditures during the preceding month, and file the report in the office of the board.
The preceding paragraph of this section notwithstanding, the board of directors or board of control of an irrigation district which lies in more than one county and which had assessments in each of two of the preceding three years equal to at least five hundred thousand dollars, or a board of joint control created under chapter 87.80 RCW, may designate some other person having experience in financial or fiscal matters as treasurer of the district. In addition, the board of directors of an irrigation district which lies entirely within one county may designate some other person having experience in financial or fiscal matters as treasurer of the district if the district had assessments, tolls, and miscellaneous collections in each of two of the preceding three years equal to at least two million dollars or if the board has the approval of the county treasurer to designate some other person. If a board designates a treasurer, it shall require a bond with a surety company authorized to do business in the state of Washington in an amount of two hundred fifty thousand dollars conditioned that he or she will faithfully perform the duties of his or her office as treasurer of the district. The premium on the bond shall be paid by the district. The designated treasurer shall collect and receipt for all irrigation district assessments on lands within the district and shall act with the same powers and duties and be under the same restrictions as provided by law for county treasurers acting in matters pertaining to irrigation districts, except the powers, duties, and restrictions in RCW * 87.56.110 and 87.56.210 which shall continue to be those of county treasurers.
In those districts which have designated their own treasurers, the provisions of law pertaining to irrigation districts which require certain acts to be done and which refer to and involve a county treasurer or the office of a county treasurer or the county officers charged with the collection of irrigation district assessments, except RCW * 87.56.110 and 87.56.210 shall be construed to refer to and involve the designated district treasurer or the office of the designated district treasurer.
Any claim against the district for which it is liable under existing laws shall be presented to the board as provided in RCW 4.96.020 and upon allowance it shall be attached to a voucher and approved by the chair and signed by the secretary and directed to the proper official for payment: PROVIDED, That in the event claimant's claim is for crop damage, the claimant in addition to filing his or her claim within the applicable period of limitations within which an action must be commenced and in the manner specified in RCW 4.96.020 must file with the secretary of the district, or in the secretary's absence one of the directors, not less than three days prior to the severance of the crop alleged to be damaged, a written preliminary notice pertaining to the crop alleged to be damaged. Such preliminary notice, so far as claimant is able, shall advise the district; that the claimant has filed a claim or intends to file a claim against the district for alleged crop damage; shall give the name and present residence of the claimant; shall state the cause of the damage to the crop alleged to be damaged and the estimated amount of damage; and shall accurately locate and describe where the crop alleged to be damaged is located. Such preliminary notice may be given by claimant or by anyone acting in his or her behalf and need not be verified. No action may be commenced against an irrigation district for crop damages unless claimant has complied with the provisions of RCW 4.96.020 and also with the preliminary notice requirements of this section.

[ 2013 c 23 § 502. Prior: 1996 c 320 § 18; 1996 c 214 § 1; 1993 c 449 § 12; 1983 c 167 § 218; 1979 c 83 § 1; 1977 ex.s. c 367 § 1; 1969 c 89 § 1; 1967 c 164 § 15; 1961 c 276 § 2; prior: 1937 c 216 § 1, part; 1929 c 185 § 3, part; 1923 c 138 § 13, part; 1921 c 129 § 23, part; 1913 c 165 § 19, part; 1895 c 165 § 22, part; 1889-90 p 690 § 36, part; RRS § 7453, part. Formerly RCW 87.08.030.]
NOTES:

*Reviser's note: RCW 87.56.110 was repealed by 2004 c 165 § 47.


Purpose—Severability—1993 c 449: See notes following RCW 4.96.010.


Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.


Purpose—Severability—1967 c 164: See notes following RCW 4.96.010.


"County treasurer," "treasurer of the county," defined: RCW 87.03.438, 87.28.005.


Tortious conduct of political subdivisions, municipal corporations and quasi municipal corporations, liability for damages, procedure: Chapter 4.96 RCW.

Structure Revised Code of Washington

Revised Code of Washington

Title 87 - Irrigation

Chapter 87.03 - Irrigation Districts Generally.

87.03.001 - Actions subject to review by boundary review board—Exceptions.

87.03.005 - District proposed—Powers, when organized.

87.03.010 - Certain purposes for which district may be formed.

87.03.013 - Development of hydroelectric generation capabilities—Legislative finding, intent—Limitation.

87.03.015 - Certain powers of district enumerated.

87.03.0155 - Contract and formation powers.

87.03.016 - District may provide street lighting—Limitations.

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

87.03.0175 - District assistance for conservation, improvement, preservation, and efficient use.

87.03.018 - Creation of legal authority to carry out powers—Method—Indebtedness.

87.03.019 - Cooperative watershed management.

87.03.020 - Organization of district—Petition—Bond—Notice—Hearing—Order—Notice of election.

87.03.025 - State lands situated in or taken into district—Procedure—Assessments, collection.

87.03.030 - Elections are governed by irrigation district laws.

87.03.031 - Absentee voting—Certification of inconvenience.

87.03.032 - Absentee voting—Notice of election, contents—Ballot and form of certificate of qualifications to be furnished.

87.03.033 - Absentee voting—Requirements for ballot to be counted—Statement of qualifications—Form of ballot.

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

87.03.035 - Elections to form district—How conducted.

87.03.040 - Elections to form district—Canvass of returns—Order.

87.03.045 - Qualifications of voters and directors—Districts of two hundred thousand acres.

87.03.051 - Qualifications of voters and directors—Districts of less than two hundred thousand acres.

87.03.071 - Certain districts—Individual ownerships—Two votes.

87.03.075 - Ballots in all elections—Declaration of candidacy—Petition of nomination—When election not required.

87.03.080 - Directors—Election—Terms—Increase and decrease.

87.03.081 - Directors—Vacancies, how filled.

87.03.082 - Directors—Oaths of office—Secretary.

87.03.083 - Directors—Recall and discharge.

87.03.085 - Post-organization district elections—Election boards—Notice.

87.03.090 - Post-organization district elections—Election officers—Voting hours.

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

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

87.03.105 - Post-organization district elections—Canvass.

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

87.03.115 - Organization of board—Meetings—Quorum—Certain powers and duties.

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

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

87.03.130 - District change of name.

87.03.135 - Sale or lease of district personal property.

87.03.136 - Sale or lease of district real property.

87.03.137 - Purchase or condemnation for developing hydroelectric generation capabilities—Limitations.

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

87.03.139 - Lawful disposal of sewage and waste by others—Immunity.

87.03.140 - Board's powers and duties generally—Condemnation procedure.

87.03.145 - Condemnation—Finding of benefits and damages—Judgment—Costs.

87.03.150 - Condemnation—Title acquired by district.

87.03.155 - Conveyances—Actions by and against district.

87.03.158 - Officers, employees, agents—Legal representation—Costs of defense.

87.03.160 - Group insurance—Purchase.

87.03.162 - Liability insurance for officials and employees.

87.03.165 - Proposed works—Surveys, maps and plans to be prepared.

87.03.170 - Proposed works—Certification filed with director of ecology.

87.03.175 - Proposed works—Director's findings to district board.

87.03.180 - Proposed works—Substance of director's findings.

87.03.185 - Proposed works—Reclamation Service may make findings.

87.03.190 - Proposed works—Plan of development—Special election.

87.03.195 - Proposed works—Certain irrigation districts excepted.

87.03.200 - Bonds—Election for—Form and contents—Exchange—Cancellation—Sale and issue—Reissue—Election concerning contract with United States—Penalty.

87.03.205 - Sections exclusive of other bonding methods—Validation.

87.03.210 - Sale or pledge of bonds.

87.03.215 - Payment of bonds and interest, other indebtedness—Lien, enforcement of—Scope of section.

87.03.235 - Rights of federal agencies as to certain district bonds.

87.03.240 - Assessments, how and when made—Assessment roll.

87.03.245 - Deputy secretaries for assessment.

87.03.250 - Assessment roll to be filed—Notice of equalization.

87.03.255 - Equalization of assessments.

87.03.260 - Levies, amount—Special funds—Failure to make levy, procedure.

87.03.265 - Lien of assessment.

87.03.270 - Assessments, when delinquent—Assessment book, purpose—Statement of assessments due—Collection—Additional fee for delinquency.

87.03.271 - Lien for delinquent assessment to include costs and interest.

87.03.272 - Secretary may act as collection agent of nondelinquent assessments—Official bond—Collection procedure—Delinquency list.

87.03.275 - Medium of payment of assessments.

87.03.277 - Payment by credit cards, charge cards, and other electronic communication.

87.03.280 - Cancellation of assessments due United States—Procedure.

87.03.285 - Segregation of assessment—Authorization.

87.03.290 - Segregation of assessment—Hearing.

87.03.295 - Segregation of assessment—Notice of hearing.

87.03.300 - Segregation of assessment—Order.

87.03.305 - Segregation of assessment—Amendment of roll—Effect.

87.03.420 - Evidence of assessment, what is.

87.03.430 - Bonds—Interest payments.

87.03.435 - Construction work—Notice—Bids—Contracts—Bonds.

87.03.436 - Small works roster.

87.03.437 - Competitive bids—Use of purchase contract process in RCW 39.04.190.

87.03.438 - "County treasurer," "treasurer of the county," defined.

87.03.440 - Treasurer—County treasurer as ex officio district treasurer—Designated district treasurer—Duties and powers—Bond—Claims—Preliminary notice requirements when claim for crop damage.

87.03.441 - Temporary funds.

87.03.442 - Bonds of secretary and depositaries.

87.03.443 - Upgrading and improvement fund authorized—Deposits—Use of funds.

87.03.445 - Acquisition, construction, and operating funds—Tolls and assessments, alternative methods of—Liens, foreclosure of—Delinquencies by tenants.

87.03.450 - Income from sale of electricity.

87.03.455 - District's right to cross other property.

87.03.460 - Compensation and expenses of directors, officers, employees.

87.03.470 - Special assessments—Election—Notes.

87.03.475 - Power as to incurring indebtedness.

87.03.480 - Local improvement districts—Petition.

87.03.485 - Local improvement districts—Notice—Hearing—Initiation by board, procedure.

87.03.486 - Local improvement districts—Notice to contain statement that assessments may vary from estimates.

87.03.487 - Local improvement districts—Sanitary sewer or potable water facilities—Notice to certain property owners.

87.03.490 - Local improvement districts—Adoption of plan—Bonds, form and contents—New lands may be included.

87.03.492 - Local improvement districts—Bonds, valid claim—General indebtedness.

87.03.495 - Local improvement districts—Costs of the improvement—Assessments—Disposal of bonds.

87.03.500 - Local improvement districts—Payment of bonds.

87.03.505 - Local improvement districts—L.I.D. unable to pay costs—Survey—Reassessments.

87.03.510 - Local improvement districts—Irrigation district L.I.D. guarantee fund.

87.03.515 - Local improvement districts—Refunding bonds.

87.03.520 - Local improvement districts—Contracts with state or United States for local improvement work.

87.03.522 - Irrigation district authorized to finance local improvements with general district funds.

87.03.525 - Local improvement districts—Provisions applicable to districts formerly organized.

87.03.526 - Local improvement districts—Safeguarding open canals or ditches—Assessments and benefits.

87.03.527 - Local improvement districts—Alternative methods of formation.

87.03.530 - Consolidation of irrigation districts—Authorization—Merger of smaller irrigation districts.

87.03.535 - Consolidation of irrigation districts—Proceedings for consolidation—Elections.

87.03.540 - Consolidation of irrigation districts—Directors—Disposition of affairs of included districts.

87.03.545 - Consolidation of irrigation districts—Obligations of included districts unaffected.

87.03.550 - Consolidation of irrigation districts—Property vested in new district—Credit.

87.03.551 - Consolidation of irrigation districts—Procedures supplemental to boundary change provisions.

87.03.553 - Consolidated local improvement districts for bond issuance.

87.03.555 - Change of boundaries authorized—Effect.

87.03.560 - Adding lands to district—Petition, contents—Acknowledgment.

87.03.565 - Adding lands to district—Notice—Contents—Service.

87.03.570 - Adding lands to district—Hearing—Assent.

87.03.575 - Adding lands to district—Payment for benefits received required.

87.03.580 - Adding lands to district—Order.

87.03.585 - Adding lands to district—Resolution.

87.03.590 - Adding lands to district—Election—Notice—How conducted.

87.03.595 - Adding lands to district—Order changing boundaries—Record.

87.03.600 - Adding lands to district—Change of boundaries recorded—Effect.

87.03.605 - Adding lands to district—Petition to be recorded—Admissible as evidence.

87.03.610 - Adding lands to district—Guardian, administrator or executor may act.

87.03.615 - Adding lands to districts of two hundred thousand acres—Petition.

87.03.620 - Adding lands to districts of two hundred thousand acres—Time and place of hearing—Notice.

87.03.625 - Adding lands to districts of two hundred thousand acres—Contents of notice.

87.03.630 - Adding lands to districts of two hundred thousand acres—Hearing—Order including lands.

87.03.635 - Adding lands to districts of two hundred thousand acres—Denial of petition.

87.03.640 - Adding lands to districts of two hundred thousand acres—Order filed—Effect.

87.03.645 - Exclusion of lands from district—Effect.

87.03.650 - Exclusion of lands from district—Petition to exclude lands—Contents.

87.03.655 - Exclusion of lands from district—Notice—Contents—Service.

87.03.660 - Exclusion of lands from district—Hearing—Assent.

87.03.665 - Exclusion of lands from district—Order denying or granting petition.

87.03.670 - Exclusion of lands from district—Assent of bondholders.

87.03.675 - Exclusion of lands from district—Order for election—Notice—Conduct of election.

87.03.680 - Exclusion of lands from district—Procedure following election—Order of exclusion.

87.03.685 - Exclusion of lands from district—Orders to be recorded—Effect.

87.03.690 - Exclusion of lands from district—Guardian, executor or administrator may sign and acknowledge.

87.03.695 - Exclusion of lands from district—Refunds—Cancellation of assessments.

87.03.700 - Connecting system to lower drainage district—Procedure.

87.03.705 - Connecting system to lower drainage district—Negative finding by jury or court.

87.03.710 - Connecting system to lower drainage district—Affirmative finding by jury or court—Assessments.

87.03.715 - Connecting system to lower drainage district—Increased maintenance costs.

87.03.720 - Merger of district with drainage, joint drainage, consolidated drainage improvement, or water-sewer district—Power to assent.

87.03.725 - Merger of district with drainage, joint drainage, consolidated drainage improvement, or water-sewer district—Notice—Contents—Publication—Show cause against merger.

87.03.730 - Merger of district with drainage, joint drainage, or consolidated drainage improvement district—Hearing—Failure to show cause deemed assent.

87.03.735 - Merger of district with drainage, joint drainage, or consolidated drainage improvement district—Assent, refusal to assent—Effect of show cause against merger.

87.03.740 - Merger of district with drainage, joint drainage, or consolidated drainage improvement district—Election.

87.03.745 - Merger of district with drainage, joint drainage, or consolidated drainage improvement district—Order of assent or refusal—Filing.

87.03.750 - Exclusion of nonirrigable land when state holds all outstanding bonds—Resolution.

87.03.755 - Exclusion of nonirrigable land when state holds all outstanding bonds—Notice of hearing—Contents.

87.03.760 - Exclusion of nonirrigable land when state holds all outstanding bonds—Adoption of resolution—Appellate review.

87.03.765 - Exclusion of nonirrigable land when state holds all outstanding bonds—Indebtedness may be reduced.

87.03.770 - Exclusion of nonirrigable land when state holds all outstanding bonds—Reconveyance of excluded land formerly foreclosed to district.

87.03.775 - Map of district.

87.03.780 - Proceedings for judicial confirmation—Authorization.

87.03.785 - Proceedings for judicial confirmation—Petition—Contents.

87.03.790 - Proceedings for judicial confirmation—Notice of hearing.

87.03.795 - Proceedings for judicial confirmation—Demurrer or answer—Procedure.

87.03.800 - Proceedings for judicial confirmation—Jurisdiction of court—Order—Costs.

87.03.805 - Proceedings for judicial confirmation—Appeal.

87.03.810 - Lump sum payment to district for irrigable lands acquired for highway purposes.

87.03.815 - Lump sum payment to district for irrigable lands acquired for highway purposes—Order relieving further district assessments.

87.03.820 - Disposal of real property—Right of adjacent owners.

87.03.825 - Hydroelectric resources—Development—Legislative findings.

87.03.828 - Hydroelectric resources—Separate legal authority—Creation by irrigation districts and cities, towns, or public utility districts—Powers.

87.03.831 - Hydroelectric resources—Separate legal authority—Procedures for membership and for construction and acquisition of facilities.

87.03.834 - Hydroelectric resources—Separate legal authority—Voter ratification of actions.

87.03.837 - Hydroelectric resources—Separate legal authority—Repayment of indebtedness—Powers.

87.03.840 - Chapter supplementary—When.

87.03.845 - Merger of minor irrigation district into major irrigation district—Proceedings to initiate—Notice—Hearing.

87.03.847 - Merger of minor irrigation district into major irrigation district—Denial or adoption of request for merger—Notice—Elections—Notification of merger.

87.03.849 - Merger of minor irrigation district into major irrigation district—Board of directors—Transfer of property and assets.

87.03.851 - Merger of minor irrigation district into major irrigation district—Bonds or obligations not impaired—Enforcement of assessments and obligations—Establishment of local improvement district to carry out obligations.

87.03.853 - Merger of minor irrigation district into major irrigation district—Statement of property and assets of minor district.

87.03.855 - Merger of minor irrigation district into major irrigation district—Merger of more than two districts.

87.03.857 - Merger of minor irrigation district into major irrigation district—Existing water rights not impaired.

87.03.860 - Assumption of substandard water system—Limited immunity from liability.

87.03.870 - Mutual aid agreements for emergency interdistrict assistance—Authority—Liability.

87.03.880 - Tariff for irrigation pumping service—Authority to buy back electricity.

87.03.900 - Construction—1913 c 165.

87.03.920 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.