Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1965 NO. 36 > Sep 3 1965

1. It is the responsibility of the board of commissioners of a drainage district operating pursuant to chapter 85.06 RCW to designate the amount of the assessment to be levied against each parcel of land within the district according to present ownership. 2. If a redetermination of benefits has not been accomplished pursuant to RCW 85.06.130, or an alternative statutory means of providing funds for drainage facility maintenance has not been adopted, maintenance assessments designated by the drainage district commissioners shall be computed on the basis of the benefits in each case as determined by the superior court jury pursuant to RCW 85.06.120. 3. Assuming that the original superior court determination of benefits under RCW 85.06.120 continues as an accurate reflection of the benefits derived from the drainage district system despite changes in size of ownership and land use, and that no alternative means of acquiring maintenance funds has been adopted, the district board of commissioners in computing maintenance assessments "in proportion to the maximum benefits assessed" as required by RCW 85.05.270 should apportion the individual assessments on the basis of the ratio that the area of each present individual ownership bears to the total acreage of the originally considered parcel.

AGLO 1979 NO. 41 > Dec 20 1979

Although RCW 65.08.170 requires a city, town, or other municipality (as defined in RCW 35.91.020) to record certain connection charges in the office in which deeds are recorded, neither that statute nor any other applicable law purports to set forth the legal consequences of a failure to comply or, specifically, to say that recording in any way affects the legality of those charges as between the municipality and those who tap in, or hook up, to and use the particular facilities in question; therefore, a person may not connect with or tap into sewer or water facilities without paying the connection fee even though such fee has not been recorded pursuant to RCW 65.08.170.

AGO 1965 NO. 62 > Dec 22 1965

A drainage district organized under chapter 85.06 RCW and an incorporated town are authorized to enter into a contract whereby the town will provide financial assistance to the district for maintenance of the district's system of ditches used in part as a carrier of surface waters originating within the territorial limits of the town provided the services to be rendered to the town are within the contemplation of RCW 35.27.370.

AGO 1963 NO. 73 > Dec 9 1963

The provisions of RCW 85.05.270 requiring drainage district commissioners on or before the first Monday in October to make and certify to the county auditor an estimate of the cost of maintenance and repair of the improvement for the ensuing year are directory rather than mandatory, and are intended only to secure orderly dispatch in the assessment procedures; therefore an assessment is valid if the requirements of law are satisfied and orderly procedures are followed.

AGO 1964 NO. 104 > May 21 1964

Drainage district commissioners may not issue warrants independently of the county auditor's office.  The commissioners authorize the issuance of warrants but the mechanical procedure of issuance must be performed by the county auditor.

AGO 1962 NO. 131 > May 9 1962

(1) A flood control zone district may acquire pursuant to RCW 86.15.080 (5) title to property owned by a drainage district provided the consent of said district is first obtained. (2) The provisions of RCW 86.15.210 do not apply to drainage districts.