Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1975 NO. 31 >

Under RCW 57.08.105, the board of commissioners of a water district is authorized to purchase liability insurance to protect its own members against liability for personal or bodily injuries and property damage arising from their acts or omissions while performing or in good faith purporting to perform their official duties.

AGLO 1978 NO. 36 >

Where a sewer district, acting through its governing board of commissioners, has elected to construct, maintain ad operate a water supply system in accordance with RCW 56.20.015 as amended by § 9, chapter 300, Laws of 1977, such sewer district is then authorized by RCW 56.08.010 to acquire by condemnation ". . . water supply lines located within [the] district and owned by a private water company."

AGLO 1979 NO. 41 >

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.

AGLO 1979 NO. 42 >

(1) Under RCW 86.16.035 the State Department of Ecology is authorized, in its discretion, to promulgate rules regulating the times when (a) the owner or operator of a "flood control facility" or (b) the owner or operator of any dam or other "water flow control facility" may release impounded water or otherwise alter the stream flow if the released water or altered stream flow might create a danger to life or property downstream.

(2) Under the same statute the Department of Ecology is also authorized to promulgate regulations requiring the notification of persons downstream or the posting of signs prior to the release of impounded water or other alteration in the stream flow by (a) a flood control dam or (b) any dam or water flow control facility when such release or alteration might create a danger to life or property below the dam.

AGO 1963 NO. 45 >

(1) A water district has the power to initiate and maintain a group medical insurance plan or health care plan for its employees and their dependents and to pay the entire cost thereof. (2) Same: A water district does not have any authority to pay all or any part of the cost of such plan for the benefit of the commissioners of the district since they are officers not employees of the district.

AGLO 1974 NO. 77 >

In acting upon a proposal to form a water district under RCW 57.02.040, a board of county commissioners is to make certain determinations; however, the board may properly receive and consider the advice of the appropriate state agencies in connection therewith.

AGO 1950 NO. 243 >

Public Service Commission has jurisdiction over a mutual water company and could require it to continue service to non-members who refused to join it but who had been receiving water service.