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AGO 1954 No. 342 - November 12, 1954
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Don Eastvold | 1953-1956 | Attorney General of Washington

SOIL CONSERVATION DISTRICTS ‑- ENTITY -- STATE SOIL CONSERVATION COMMITTEE

A soil conservation district duly established under said chapter is a "local organization" within the meaning of the Federal "Watershed Protection and Flood Prevention Act" and is authorized to carry out the state's responsibilities under said act.

The State Soil Conservation Committee is not a "local organization" within the meaning of the "Watershed Protection and Flood Prevention Act."

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                                                               November 12, 1954

Mr. Richard H. Ellis
Executive Secretary
State Soil Conservation Committee
415 Hutton Building
Spokane, Washington                                                                                                              Cite as:  AGO 53-55 No. 342

Dear Mr. Ellis:

            We have your letter of October 22, 1954, asking the following questions:

            1. Is a soil conservation district a "local organization" within the meaning of the "Watershed Protection and Flood Prevention Act."  Public Law 566‑-83rd Congress‑-68 Stat. 666?

            Congress‑-68 Stat. 666?

2. Is the State Soil Conservation Committee such a "local organization"?

            You are advised:

            1. A soil conservation district duly established under said chapter is a "local organization" within the meaning of the Federal "Watershed Protection and Flood Prevention Act" and is authorized to carry out the state's responsibilities under said act.

             [[Orig. Op. Page 2]]

            2. The State Soil Conservation Committee is not a "local organization"

            within the meaning of the "Watershed Protection and Flood Prevention Act."

                                                                     ANALYSIS

            RCW 89.08.220 constitutes the district a body corporate and a "local organization" within the meaning of the "Watershed Protection and Flood Prevention Act."

            Subdivisions (5) and (8) of said section authorize the district to acquire land, easements or rights of way.  Subdivisions (4), (8), (10) and (11) of said section authorize the district to assume its proportionate share of the cost of any project and to maintain and operate the same and to make all necessary agreements.

            A soil conservation district is, therefore, a "local organization" qualified to comply with the requirements of Public Law 566, 68 Stat. 666.

            The State Soil Conservation Committee does not have these powers and is, therefore, not a "local organization" within the meaning of the Federal act qualified to apply for the benefits thereof.

Respectfully,

DON EASTVOLD
Attorney General


E. P. DONNELLY
Assistant Attorney General

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