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AGO Opinions with Topic: PUBLIC UTILITY
AGO 1990 No. 3 >  April 26, 1990
CITIES AND TOWNS - MUNICIPAL CORPORATIONS - TAXATION - PUBLIC UTILITY
CITIES AND TOWNS ‑- MUNICIPAL CORPORATIONS ‑- TAXATION ‑- PUBLIC UTILITY 1.  A municipality that imposes a tax on its electric utility department pursuant to RCW 35.21.860 and [35.21].865 may measure the tax by the utility department's gross revenues, derived from the utility's customers located both inside and outside the city, so long as the tax is within constitutional limits. 2.  A municipality may not levy a tax on another municipality without express authority.  RCW 35.21.860 and [35.21].865 do not authorize one municipality to levy a tax on the electric utility department of another municipality.
AGO 1972 No. 27 >  December 5, 1972
DISTRICTS - PUBLIC UTILITY - COMMISSIONERS - REALIGNMENT OF COMMISSIONER DISTRICT BOUNDARIES - VOLUNTARY CHANGE OF RESIDENCE - VACATION OF OFFICE
DISTRICTS ‑- PUBLIC UTILITY ‑- COMMISSIONERS ‑- REALIGNMENT OF COMMISSIONER DISTRICT BOUNDARIES ‑- VOLUNTARY CHANGE OF RESIDENCE ‑- VACATION OF OFFICE (1) Where a public utility district commissioner ceases to be a resident and qualified voter of the commissioner district in which he resided and voted at the time of his election as a consequence of his voluntary removal of his place of residence from one such commissioner district to another, his office is not deemed to have been vacated. (2) Where, as a consequence of the realignment of public utility district commissioner district boundaries under RCW 54.12.010, a duly elected commissioner of a public utility district ceases to be a resident and qualified voter of the commissioner district in which he resided and voted at the time of his election, his office is not deemed to have become vacant.
AGO 1983 No. 9 >  May 17, 1983
DISTRICTS - PUBLIC UTILITY - RECORDS
ACCESS TO CERTAIN RECORDS OF PUBLIC UTILITY DISTRICTS UNDER STATE PUBLIC DISCLOSURE LAW (1) The records of a public utility district concerning the names and addresses of individual customers are public records which such a district is required to furnish for public inspection and copying pursuant to the state public disclosure law (chapter 42.17 RCW). (2) An individual customer may not, on the basis of an asserted right of privacy, prevent disclosure of such records by instructing the public utility district not to permit it in his or her case. (3) Notwithstanding the foregoing, however, RCW 42.17.260(5) prohibits disclosure when the request is made for a list of customers by a commercial entity such as a bill collector or process server but not by governmental entities such as county sheriffs, the State Patrol, or a television reception improvement district not engaged in any "profit expecting" business activity.
AGO 1973 No. 23 >  November 1, 1973
DISTRICTS - PUBLIC UTILITY - ANNEXATION - COUNTIES - BOUNDARIES
DISTRICTS ‑- PUBLIC UTILITY ‑- ANNEXATION ‑- COUNTIES ‑- BOUNDARIES A public utility district may annex adjacent territory located in a county other than that in which the district was created where such adjacent territory is not situated within the boundaries of another public utility district.
AGO 1962 No. 96 >  February 19, 1962
DISTRICTS - PUBLIC UTILITY - SECOND CLASS - COMMISSIONERS - ELECTION TO FILL VACANCIES
DISTRICTS ‑- PUBLIC UTILITY ‑- SECOND CLASS ‑- COMMISSIONERS ‑- ELECTION TO FILL VACANCIES (1) Where there are two vacancies on the board of commissioners of a second class public utility district both vacancies are to be filled by special election held not more than forty days after such vacancies occur. (2) The commissioners elected at a special election to fill vacancies created on the board of commissioners of a second class public utility district are elected to hold office for the unexpired term of the commissioners whom they replace. (3) The election to fill vacancies on the board of commissioners of a second class public utility district must be held forty days after the occurrence of the vacancies pursuant to RCW 54.12.010.  The county auditor, who is charged by law with the power and duty of conducting public utility district elections (in other than class AA or class A counties), is authorized to prescribe a reasonable time within the forty-day period in which petitions for nominations may be filed.
AGO 1964 No. 117 >  September 2, 1964
DISTRICTS - PUBLIC UTILITY - WITHDRAWAL AND USE OF UNAPPROPRIATED SURFACE WATERS - PERMIT FROM STATE SUPERVISOR OF WATER RESOURCES - COMMENCEMENT AND COMPLETION OF CONSTRUCTION SCHEDULE
DISTRICTS ‑- PUBLIC UTILITY ‑- WITHDRAWAL AND USE OF UNAPPROPRIATED SURFACE WATERS ‑- PERMIT FROM STATE SUPERVISOR OF WATER RESOURCES ‑- COMMENCEMENT AND COMPLETION OF CONSTRUCTION SCHEDULE (1) Before withdrawing and making use of unappropriated surface waters of the state of Washington for a public domestic water supply, a public utility district must obtain a permit from the state supervisor of water resources. (2) A public utility district is subject to the commencement and completion of construction schedule set forth in RCW 90.03.320.
AGO 1966 No. 87 >  June 8, 1966
DISTRICTS - PUBLIC UTILITY - COEXTENSIVE WITH COUNTY - COMMISSIONER DISTRICTS - BOUNDARIES - CHANGE AUTOMATIC WITH ALTERATION OF COUNTY COMMISSIONER DISTRICT BOUNDARIES
DISTRICTS ‑- PUBLIC UTILITY ‑- COEXTENSIVE WITH COUNTY ‑- COMMISSIONER DISTRICTS ‑- BOUNDARIES ‑- CHANGE AUTOMATIC WITH ALTERATION OF COUNTY COMMISSIONER DISTRICT BOUNDARIES In a public utility district which is coextensive with the county in which it is located, public utility commissioner districts are automatically affected by a change made in county commissioner district boundaries by the board of county commissioners.
AGO 1969 No. 24 >  December 22, 1969
DISTRICTS - PUBLIC UTILITY - PORT - IRRIGATION - RECLAMATION - RECLAMATION REVOLVING FUND BOND PURCHASES FOR RECLAMATION PROJECTS
DISTRICTS - PUBLIC UTILITY - PORT - IRRIGATION - RECLAMATION - RECLAMATION REVOLVING FUND BOND PURCHASES FOR RECLAMATION PROJECTS (1) A public utility district is authorized to construct, operate and maintain an irrigation water distribution system for the purpose of reclaiming lands for agricultural uses. (2) A port district is not authorized to construct, operate and maintain an irrigation water distribution system for the purpose of reclaiming lands for agricultural uses. (3) Moneys in the state reclamation revolving fund may be expended to purchase bonds of a public utility district which are issued by the district for the purpose of financing an irrigation project designed to reclaim arid waste lands for agricultural uses, upon approval of the particular reclamation project by the director of the department of water resources. (4) The director of the department of water resources may loan moneys from the reclamation revolving fund to an irrigation district to be used to finance the development of final engineering plans for an irrigation project of said district.
AGO 1956 No. 320 >  September 20, 1956
PUBLIC UTILITY - COLLECTION OF SERVICE FEES FEES - PUBLIC UTILITY - COLLECTION OF - REMEDY
PUBLIC UTILITY ‑- COLLECTION OF SERVICE FEES FEES ‑- PUBLIC UTILITY ‑- COLLECTION OF ‑- REMEDY RCW 35.21.290 does not apply where an owner gives the superintendent of the public utility a notice and at the time there are no delinquent charges. If there is a delinquency and the statute is complied with by the owner, the single compliance by the owner would not apply to all subsequent tenancies.
AGO 1955 No. 125 >  August 11, 1955
DISTRICTS - PUBLIC UTILITY - MAINTENANCE OF PRIVATE LINES ON COST-PLUS BASIS
DISTRICTS ‑- PUBLIC UTILITY ‑- MAINTENANCE OF PRIVATE LINES ON COST-PLUS BASIS A public utility district cannot maintain and service power lines owned by private cooperative which carry the power of the cooperative.
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