Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1967 NO. 35 >

A county treasurer is required to collect the one dollar charge prescribed by RCW 87.03.270, as amended by § 2, chapter 169, Laws of 1967, on irrigation district assessments which became delinquent prior to the effective date of the amendment where collection of the assessment occurs after that date; such a construction of the amendment does not render the act an ex post facto law.

AGO 1965 NO. 37 >

Irrigation districts do not have any authority to make annual payments to the Washington State Reclamation Association to assist the association in carrying out the purposes for which it was organized.

AGO 1965 NO. 40 >

(1) Chapter 116, Laws of 1965, which provides for the authentication and certification of claims by the auditing officer of a municipality, supersedes the provisions of RCW 87.03.440, applicable to irrigation districts which would otherwise require verification of the claim on vouchers submitted by the claimant. (2) Same:  The authentication and certification of claims, under chapter 116, Laws of 1965, must be made by a designated auditing officer and may not be performed instead by the board of directors of the irrigation district.

AGLO 1977 NO. 53 >

(1) Per diem compensation received by irrigation district commissioners under RCW 87.03.460 is subject to employees' contributions for federal social security under Chapter 41.48 RCW. (2) The fact that a given commissioner of an irrigation district may have paid the maximum amount due for OASI contributions for a given year on his self-employment income does not affect the liability of the district for payments in accordance with (1), supra, instead, the remedy of any individual who has thus overpaid his social security taxes is then to claim a refund or tax credit on his federal income tax return.

AGO 1964 NO. 101 >

The board of directors of an irrigation district charging tolls for services must fix the date from which tolls will be delinquent and interest should be charged on the tolls declared by the board to be delinquent.

AGO 1962 NO. 157 >

(1) A contract purchaser of land in an irrigation district under an ordinary contract for the sale of real property holds evidence of title to such land and therefore, if otherwise qualified, is entitled to vote in an irrigation district election. (2) A contract vendor of land in an irrigation district holds title to such land, and therefore, if otherwise qualified, is entitled to vote in an irrigation district election until such time as he does, by appropriate delivery of a deed, pass title to the purchaser. (3) The executor or administrator of the estate of a deceased holder of title to land in an irrigation district does not hold title or evidence of title to such land, and therefore is not entitled to vote in an irrigation district election. (4) The heirs or devisees of a deceased holder of title to land in an irrigation district do hold title to such land and therefore, if otherwise qualified, are entitled to vote in an irrigation district election. …

AGO 1954 NO. 371 >

Landowner in former irrigation district who pays in full assessment against land under RCW 87.53.140 frees property from further assessment and discharges lien of bonds though like assessments against other land in district may remain unpaid.