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NSID Bylaws
Directors and Officers | Elections | Assessments and Maintenance Charges | Officers/Employees | Use and Distribution of Water | Payment of the Bills and Debts of the District | Creation of Local Improvement Districts | Miscellaneous | Delivery of Water | Board Meetings | Fiscal Year
Article I
These Bylaws are adopted by the Naches-Selah Irrigation District effective the date and year indicated below. Concurrent with the adoption of these Bylaws, all previous Bylaws of the District are deemed revoked. Any existing resolutions duly and properly passed by the District have a perspective legal and managerial effect upon the District which are inconsistent with the terms of these Bylaws are deemed revoked. All other resolutions duly and properly passed by the District shall remain in full force and effect.
Article II
Directors and Officers
1. Powers and Duties:
a. The board shall have the power, and it shall be its duty, to adopt a seal of the District, to manage and conduct the business and affairs of the District, to make and execute all necessary contracts, to employ and appoint such agents, officers and employees as may be necessary and prescribe their duties and to establish equitable bylaws, rules and regulations for the government and management of the District, and for the equitable distribution of water to the lands within the District upon the basis of the beneficial use thereof, and generally to perform all such acts as shall be necessary to fully carry out their responsibilities as established by the laws of Washington and where applicable the United States Government.
b. The District or its agents shall have the right of ingress and egress and access over all of the District's canal banks, laterals, pipelines and other structures for maintenance, monitoring and all other District related purposes.
c. The District shall have the authority to establish rules and regulations for the delivery of water.
2. Qualifications-Oath-Bond:
a. Directors: Directors must be persons 18 years of age, comprised by a majority of directors who are also residents of the District, citizens of the United States and a resident of the state of Washington who holds title or evidence of title to land within the District. No director shall be qualified to take or retain office unless he holds title or evidence of title to land within the District. Each director shall take and subscribe an official oath for the faithful discharge of the duties of his or her office and shall execute a bond to the District in the sum of Two Thousand Five Hundred Dollars and no/100 ($2,500.00), conditioned for the faithful discharge of his duties, which shall be approved by the judge of the superior court of the county where the District was organized, and the oath and bond shall be recorded in the office of the county clerk of that county and filed with the secretary of the board of directors. The secretary shall take and subscribe a written oath of office and execute a bond in the sum of not less than Two Thousand Five Hundred Dollars ($2,500.00) to be fixed by the directors and shall be approved and filed as in the case of a bond of a director.
3. Officers of the Board:
The directors of the District shall organize as a board and shall elect a president from their number, and appoint a secretary, who shall keep a record of their proceedings. The office of the directors and the principal place of business of the District shall be at someplace in the county in which the organization was effected, to be designated by the directors.
4. Election and Number of Directors:
The power of the Naches-Selah Irrigation District shall be exercised by a board of three (3) directors, each elected for a three (3) year term. The term of each position shall be staggered from the others on the board so that no more than one director's position is elected each year, except as required to fill vacancies. The election of directors shall be held on the second Tuesday of December each year, and the term of each director so elected shall be three (3) years from the first Tuesday of January following his election. The qualification of the electors and the conduct of the election shall be in accordance with the applicable state statutes pertaining to irrigation district elections.
5. Meeting and Quorum:
The directors shall hold a regular monthly meeting at their office during the first full week of every month, or at such other time in each month as the board shall from time to time direct. Notice of the date of the monthly meeting, shall be posted by the secretary in a prominent location at the Irrigation District office no later than the last business day of the month preceding the proposed meeting date. All meetings may be adjourned from time to time as required for the proper transaction of business and reconvened as directed by a majority of the directors. A majority of the directors shall constitute a quorum for the transaction of business, and in all matters requiring action by the board there shall be a concurrence of at least a majority of the directors.
6. Special Meetings:
Special meetings of the board of directors may be called at any time by a majority of the board, but in case the three members of the board do not join in said order, the secretary shall give the members of the board written notice by delivering personally or by mail written notice to each member of the governing body; and to each local newspaper of general circulation and to each local radio or television station which has on file with the governing body a written request to be notified of such special meeting or of all special meetings. Such notice must be delivered personally or by mail at least 24 hours before the time of such meeting as specified in the notice. Further, the secretary shall abide by all the other requirements as set forth in RCW 42.30 et seq. with respect to the calling of special meetings.
7. Public Meetings - Open Records:
All meetings of the directors must be public. All records of the boards shall be open to inspection of any electors during business hours.
8. Vacancies in Board of Directors:
A vacancy in the office of director shall be filled by appointment by the board of county commissioners of the county in which the proceedings for the organization of the District were had. At the next annual election occurring 30 days or more after the day of appointment, a successor shall be elected who shall take office on the first Tuesday in January following and shall serve the remainder of the unexpired term.
Article III
Elections
1. Annual Elections:
Fifteen days before any District election the secretary of the board of directors shall cause notices to be posted in three public places in each election precinct, of the time and place of voting the election. The secretary shall also post a general notice of the same in the office of the board, which shall be established and kept at some fixed place to be determined by the board specifying the polling places of the precinct. Prior to the time for posting the notices, the board must appoint for each precinct from the electors thereof, on inspector and two judges, who shall constitute a board of election for the precinct. If the board fails to appoint a board of election, or the members appointed do not attend at the opening of the polls on the afternoon of the election, the electors of the precinct present at that hour may appoint the board, or supply the place of an absent member thereof. The board of directors must, in its order appointing the board of election, designate the place where the election must be held.
Voting in an irrigation district shall be by ballot. Ballot shall be of uniform size and quality, provided by the District, and for the election of directors shall contain only the names of the candidates who have filed with the secretary of the District a declaration in writing of their candidacy, or a petition of nomination as prescribed by Washington State law not later than 5:00 p.m. on the first Monday in November. Ballots shall contain space for sticker voting or for the writing in of the name of an undeclared candidate. If, after the expiration of the date for filing petitions of nomination, it appears that only one qualified candidate has been nominated thereby for each position to be filled it shall not be necessary to hold an election, and the board of directors shall, at their next meeting, declare such candidate elected as director.
2. Special Elections:
(a) The board of directors may, at any time when in their judgment it may be advisable, call a special election and submit to the qualified electors of the District matters for which their approval is required by the laws of the State of Washington.
(b) Elections for Proposed Works-Bonds-Special Assessments: All elections for proposed works, approval of bonds, or approval of special assessments shall be conducted in accordance with the laws of the State of Washington as pertains to irrigation districts. Such elections shall be promulgated upon proposals made in accordance with and after notice of the same as required by the laws of the State of Washington.
3. Voting Hours:
(a) Election Times: The polls must be opened at 1:00 p.m. on the afternoon of the election, and be kept open until 8:00 p.m. when the same must be closed.
(b) Notice of Election: Notice must be given by posting notices in three public places in each election precinct setting forth the date, time and place of holding the election and by posting a general notice of same in the office of the board of directors at least twenty (20) days prior to the date fixed for any such election and also by publication of such notice in some newspaper published in Yakima County, Washington once a week for at least three consecutive weeks; such notices shall specify the offices to be filled, all propositions to be submitted to a vote of the electors including the amount of bonds proposed to be issued or the amount of special assessment proposed to be raised.
4. Qualification of Electors:
A person 18 years of age, being a citizen of the United States and a resident of the state, and who holds title or evidence of title to assessable land in the District or proposed district shall be entitled to vote therein. An agent of a corporation owning land in the District, duly authorized in writing, may vote on behalf of the corporation by filing with the election officers his instrument of authority.
5. Record of Ballots - Certification of Returns - Preservation for Recount:
As soon as the polls are closed, the judges shall open the ballot box and commence counting the votes; and in no case shall the ballot box be removed from the room in which the election is held until all the ballots have been counted. The counting of ballots shall in all cases be public. The ballots shall be taken out, one by one, by the inspector or one of the judges, who shall open them and read aloud the names of each person contained therein and the office for which every such person has voted for, for a vote of yes or no, for all the special assessments and bonds. Each clerk shall write down each office to be filled, the name of each person voted for for such office, and the assessment or bond issues, and shall keep the number of votes by tallies as they are read aloud by the inspector or judge. The counting of votes shall be continued without adjournment until all have been counted.
After the votes have been counted, a certificate shall be drawn upon each of the papers containing the poll list and tallies, or attached thereto, stating the number of votes each one voted for has received, and designating the appropriate office for which each candidate was voted, which number shall be written in figures and in words at full length. Each certificate shall be signed by the clerks, judges and the inspector. One of said certificates, which the poll list and the tally paper to which it is attached, shall be retained by the inspector and preserved by him for at least six months. The ballots, together with the other of said certificates, with the poll list and tally paper to which it is attached, shall be sealed by the inspector in the presence of the judges and clerks and endorsed "election returns of (naming the precinct, if applicable) precinct" and be directed to the secretary of the board of directors and shall immediately delivered to the secretary and the ballots shall be kept unopened for at least six months, during which time a recount may be demanded by any person appearing before the board of directors at any of their public meetings.
The board of directors must meet at its usual place of meeting on the first Monday after each election, to canvas the returns. If, at the time of the meeting, the returns from each precinct in the District. in which the polls were open to have been received, the board of directors must then and there proceed to canvass the returns. The canvass must be made in public, and by opening the returns and estimating the votes of the District for each person voted for and issue voted upon, and declaring the result thereof.
The secretary of the board of directors must, as soon as the result is declared, enter in the records of such board a statement of such result, which statement must show:
1. The whole number of votes cast in the District;
2. The name of the persons voted for;
3. The office to fill which each person was voted for;
4. The number of votes given in each precinct to each such person;
5. The number of votes given in each precinct for and against any proposition voted upon.
The board of directors must declare elected the person having the highest number of votes given for each office. The secretary must immediately make out, and deliver to such a person a certificate of election signed by him and authenticated by the seal of the District.
6. Conduct of the Elections:
Conduct of the elections shall be in accordance with Washington State laws as they exist at the time of the election. Any notice or qualification of electors' requirements set forth in these Bylaws shall be subject to the laws of the State of Washington and in so far as the Bylaws are inconsistent with said laws, the laws shall supersede the Bylaws, provided, that the board of directors may, if they so choose, abide by stricter bylaw notice requirements. All subdivisions shall be treated as jointly owned assessable land for voting purposes.
Article IV
Assessments and Maintenance Charges
1. Special Assessments:
All special assessments voted by the electors of the Irrigation District shall be levied as provided by law against the lands and water rights hereinbefore mentioned under the Naches-Selah Irrigation District in accordance with the amount of water used on each particular tract of said lands and premises and in accordance with the water deeds and water contracts above specifically referred to, and the said method of apportionment of any such assessment is hereby declared to be according to the most beneficial use of water upon the lands and premises.
2. Maintenance Charges:
Maintenance charges against the lands and premises situated within the boundaries of the Naches-Selah Irrigation District and having water rights evidenced by deed or contract from the Naches-Selah Irrigation District, shall be levied in accordance with the terms and condition of said water deed or contract, the same being the most equitable method of fixing such maintenance charges; provided that the Board of directors may adjust the maintenance charges so that same shall be uniform throughout the Irrigation District.
3. Bond Assessments:
Assessments for the purpose of paying the interest and principal on any bonds authorized by the electors of the District shall be levied at the time and in the manner provided by law, but such assessment shall in all particulars conform to the method of levying special assessments against the lands and premises situated with the boundaries of the Irrigation District having water rights evidence by deed or contract from the Naches-Selah Irrigation District, which said method is hereby declared to be according to the beneficial use of the water from the said Naches-Selah Irrigation District.
4. Assessment Book:
The secretary of the board of directors must prepare and maintain an assessment roll with appropriate headings in which the secretary shall list all the lands within the District using water from the canals owned and operated by the District. The roll shall be prepared and maintained by the secretary in such form and manner as allowed by law and the rules and regulations of other governmental agencies with whom assessments and collections thereof must be coordinated.
5. Equalization of Assessments:
On or before the first Tuesday of November each year, the secretary shall complete his/her assessment roll and deliver it to the board, who shall then give immediate notice thereof and of the time the board of directors, acting as a board of equalization will meet to equalize assessments by publication in a Yakima newspaper. The time fixed for the meeting shall not be less then twenty nor more than thirty days from the first publication of the notice, and in the meantime, the assessment roll shall remain in the office of the secretary for inspection of all persons interested. On the day specified in the notice for the meeting, the board of directors shall be constituted as a board of equalization for that purpose and shall meet in continuing session from day to day as long as may be necessary, not to exceed ten days exclusive of Sundays, to hear and determine such objections to the said assessment roll as may come before them; and the board may change the same as may be just. The secretary shall be present during all said sessions and note all changes made at the hearing and on or before the 15th day of January of the year following shall have the assessment roll completed as finally equalized by the board.
6. Levies, Amount and Special Funds (RCW 87.03.260):
Shall be approved, assessed and collected in accordance with the laws of the state of Washington.
7. Delinquencies and Liens of Assessment:
The District shall have all rights as provided by the laws of the State of Washington for the assessment of delinquent charges to delinquent accounts and the creation and foreclosure of liens for such assessments, and shall have the authority to delegate this responsibility to other state and county bodies.
Article V
Officers/Employees
1. President:
The president shall preside at all meetings of the board of directors and at all general meetings of the water users. He shall sign, as president, all contracts, bonds, claims, against the funds of the District, and other instruments in writing which have been first approved by board of directors; and all notices provided in these Bylaws to be given; and he shall have, subject to the approval of the directors, the general superintendent of the affairs of the District.
2. Secretary
It shall be the duty of the secretary to keep a record of all meetings of the board of directors; also all books, papers and filed of the District. He/She shall prepare annually, in accordance with these Bylaws and with the laws of the State of Washington relative thereto, the assessment roll and shall deliver the same at the proper time to the treasurer of Yakima County, Washington. He/She shall keep proper accounts and vouchers of the expenditures of the District. At any general meeting of the board of directors he/she shall submit a complete statement of the accounts of the District for the past year (as is available to the secretary using all reasonable diligence), with proper vouchers for their information. He/She shall discharge such other duties pertaining to this office as shall be prescribed by the board of directors, by these Bylaws or by the laws of the State of Washington relative to irrigation districts. He/She shall take and subscribe a written oath of office and execute an official bond in the sume of not less than Two Thousand Five Hundred Dollars ($2,500.00), to be fixed by the board of directors, which said bond shall be approved by a judge of the Superior Court of the State of Washington, for Yakima County, and said oath and bond shall be recorded in the office of the county clerk of said county and filed with the secretary of the board of directors.
3. Superintendent:
The superintendent shall be appoint by, and shall serve during the pleasure of the board of directors. He shall have actual management and control of the property of the corporation and the distribution of water from the canals, laterals, pipelines and other irrigation works of the District, subject to the general control of the president and the board of directors.
4. Other Employees:
The board of directors may employ such other agents, servants or attorneys as they shall deem to be for the best interest of the District, to serve during the pleasure of the board of directs, to be paid such compensation as shall be fixed by the board of directors. All such agents, servants and employees of the District shall perform the duties prescribed by the board of directors under the supervision of the officer of the District.
Article VI
Use and Distribution of Water
The water in the Naches-Selah Irrigation District owned and operated by the District shall be used and distributed in the manner most beneficial for the irrigation of the lands situated within the boundaries of said District and in accordance with the terms and conditions of the water right deeds and contracts for the lands and premises situated within the said District, subject to the general rules and regulations as shall, from time to time, be adopted by the board of directors.
Article VII
Payment of the Bills and Debts of the District
At the regular monthly meeting of the board of directors of the District, they shall audit all bills for expenses incurred during the previous month for construction, maintenance and operation of the property of the District and for its general expenses. All of which said claims shall be evidence by vouchers and, upon the audit and approval of any such claim, the board of directors shall authorize the president and the secretary of the District to remit such funds to the claimants of same to to initiate such procedure as has been from time to time approved by the board for the payment of such debts.
Article VIII
Creation of Local Improvement Districts
All local improvement districts shall be created, enlarged and managed in accordance with applicable Washington State laws.
Article IX
Miscellaneous
1. Compensation of Directors, Officers, and Employees:
The directors shall each receive compensation not to exceed the greater of $40.00 per day or as authorized by Washington State laws for each day during which they attend meetings and while performing other services of the District, to be fixed by resolution and entered in the minutes of their proceedings, and in addition thereto the reasonable expenses including business related meal expenses, in accordance with Washington State laws as they presently exist or are later amended. The board shall fix the compensation of the secretary and all other employees.
2. Contracts in Which Officers Have Interest:
Contracts in which officers or directors have an indirect or direct interest or from which officers or directors may derive a profit therefrom shall only be authorized after full disclosure by the parties and interest of their interest therein and to the extent to which such contracts are not otherwise prohibited by law. The officer or director having such an interest in the contract may not vote on the contract or issue.
3. Meetings of Water Users:
The board of directors may at any time they think desirable call a special meeting of water users. Said meetings shall be held at a time and place to be fixed by the board of directors and notice thereof shall be given in accordance with the requirements of the laws of the State of Washington or as otherwise provided herein for notices of election in the absence of such laws.
4. Pollution of Water in District Canals:
The District does not represent or attempt to provide potable or drinking water to its water users or any other entities. However, the District shall endeavor to remove contamination and pollution from its canals and laterals which tend to render said water unsanitary. It is the responsibility of the water users as well as District employees to report such contaminants to the District. The board of directors may cause persons guilty of creating any such nuisance or contamination to be punished according to the law.
5. Books and Papers
The books and papers of the District shall be kept in the office of the secretary, and all books and papers of the District shall, at all times during business hours, be open to the inspection of the Board of Directors or of any water user in the District or the duly authorized agent or attorney of any such water user.
6. Limit of Indebtedness - Emergency
The board of directors or other officers of the District shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise in excess of the sums authorized by these bylaws and by vote of the water users and electors as herein provided; except as by law provided otherwise; and any debt or liability incurred in excess of such express provisions shall be and remain absolutely void; except in cases of emergency the board of directors may incur indebtedness under the terms and limitations as set forth in the laws of the State of Washington.
7. Seal
The seal of the District, until otherwise ordered, shall be an impression bearing on the margin the words - "Naches-Selah Irrigation District 1916" and in the center, the words "Official Seal."
8. Amendments to Comply with State and Federal Laws:
It is acknowledged by the District that it is governed by the laws of the State of Washington as presently exist or hereafter promulgated. Therefore, to the extent that these bylaws are now or shall in the present become inconsistent with the laws, codes, or regulations of the State of Washington or to the extent applicable to the United States of America, such laws shall supersede the conflicting provisions of these bylaws without further action by the board of directors.
Article X
Delivery of Water
1. Water users desiring water turned on, water turned off or changed from one measuring box to another, or neighbors desiring to exchange water must give 24 hours notice of such change to the Ditch Patrolman on the lateral where such a change is to be made or request changes at the NSID office.
2. No obstruction, dam, or diversion works of any kind shall be placed in the canal or in any of the laterals under the control of the officers of the Irrigation District by any water user. All such dams or diversions works as are necessary for the proper delivery of water from the canal or any lateral will be placed therein only under the supervision of the Directors of the District or the or the Superintendent of the canals of the District.
3. No Water user shall allow his supply of water to run to useless waste or to permit any waste water to run back into any of the canals or laterals of the ditch without first having secured the express consent of the Directors therefor, and said waste water must be conducted into the canal or lateral in such a manner as shall be approved by the Board of Directors.
4. Tampering with measuring boxes, locks or appliances, whittling or otherwise enlarging the openings after same shall have been set, and changing delivery from one side of the measuring box to another is strictly forbidden under the penalty of the law in such cases provided.
5. No water user shall close or obstruct any gage or valve delivening water to him or upon his land so that same shall be thrown back into the canal or lateral of the District without the express consent of the Superintendent of the canal or the Ditch Patrolman of the said irrigation lateral. 24 hours before the water user has finished his irrigation, desiring water to be shut off, he shall notify the Ditch Patrolman having charge of that lateral delivering water to his said lands, said notice to be oral, by telephone, or by written notice tacked to the measuring box of said water user.
6. All gates, turnouts, valves and delivery devices must be kept locked by the Ditch Patrolman unless otherwise ordered by the Board of Directors, or the Superintendent of said District.
Article XI
Board Meetings
A Board Member may attend a board meeting by any means that allows the Member who is not physically present to hear and participate in all discussions occurring at the meeting and reasonably review all documents considered in such discussions. A Board Member participating in this manner shall be deemed present for all purposes to include but not be limited to establishing a quorum, if approved by the Board President.
Article XIV
Fiscal Year
The fiscal year of the corporation shall be from December 1st through November 30th of the next calendar year, or as set by the Board of Directors.
Adopted 1922
Amended by the board of directors on January 2, 1929.
Amended by the board of directors on July 7, 1989.
Amended by Resolution #2008-20 on December 10, 2008
Amended by Resolution #2014-12 on September 10, 2014
Article I
These Bylaws are adopted by the Naches-Selah Irrigation District effective the date and year indicated below. Concurrent with the adoption of these Bylaws, all previous Bylaws of the District are deemed revoked. Any existing resolutions duly and properly passed by the District have a perspective legal and managerial effect upon the District which are inconsistent with the terms of these Bylaws are deemed revoked. All other resolutions duly and properly passed by the District shall remain in full force and effect.
Article II
Directors and Officers
1. Powers and Duties:
a. The board shall have the power, and it shall be its duty, to adopt a seal of the District, to manage and conduct the business and affairs of the District, to make and execute all necessary contracts, to employ and appoint such agents, officers and employees as may be necessary and prescribe their duties and to establish equitable bylaws, rules and regulations for the government and management of the District, and for the equitable distribution of water to the lands within the District upon the basis of the beneficial use thereof, and generally to perform all such acts as shall be necessary to fully carry out their responsibilities as established by the laws of Washington and where applicable the United States Government.
b. The District or its agents shall have the right of ingress and egress and access over all of the District's canal banks, laterals, pipelines and other structures for maintenance, monitoring and all other District related purposes.
c. The District shall have the authority to establish rules and regulations for the delivery of water.
2. Qualifications-Oath-Bond:
a. Directors: Directors must be persons 18 years of age, comprised by a majority of directors who are also residents of the District, citizens of the United States and a resident of the state of Washington who holds title or evidence of title to land within the District. No director shall be qualified to take or retain office unless he holds title or evidence of title to land within the District. Each director shall take and subscribe an official oath for the faithful discharge of the duties of his or her office and shall execute a bond to the District in the sum of Two Thousand Five Hundred Dollars and no/100 ($2,500.00), conditioned for the faithful discharge of his duties, which shall be approved by the judge of the superior court of the county where the District was organized, and the oath and bond shall be recorded in the office of the county clerk of that county and filed with the secretary of the board of directors. The secretary shall take and subscribe a written oath of office and execute a bond in the sum of not less than Two Thousand Five Hundred Dollars ($2,500.00) to be fixed by the directors and shall be approved and filed as in the case of a bond of a director.
3. Officers of the Board:
The directors of the District shall organize as a board and shall elect a president from their number, and appoint a secretary, who shall keep a record of their proceedings. The office of the directors and the principal place of business of the District shall be at someplace in the county in which the organization was effected, to be designated by the directors.
4. Election and Number of Directors:
The power of the Naches-Selah Irrigation District shall be exercised by a board of three (3) directors, each elected for a three (3) year term. The term of each position shall be staggered from the others on the board so that no more than one director's position is elected each year, except as required to fill vacancies. The election of directors shall be held on the second Tuesday of December each year, and the term of each director so elected shall be three (3) years from the first Tuesday of January following his election. The qualification of the electors and the conduct of the election shall be in accordance with the applicable state statutes pertaining to irrigation district elections.
5. Meeting and Quorum:
The directors shall hold a regular monthly meeting at their office during the first full week of every month, or at such other time in each month as the board shall from time to time direct. Notice of the date of the monthly meeting, shall be posted by the secretary in a prominent location at the Irrigation District office no later than the last business day of the month preceding the proposed meeting date. All meetings may be adjourned from time to time as required for the proper transaction of business and reconvened as directed by a majority of the directors. A majority of the directors shall constitute a quorum for the transaction of business, and in all matters requiring action by the board there shall be a concurrence of at least a majority of the directors.
6. Special Meetings:
Special meetings of the board of directors may be called at any time by a majority of the board, but in case the three members of the board do not join in said order, the secretary shall give the members of the board written notice by delivering personally or by mail written notice to each member of the governing body; and to each local newspaper of general circulation and to each local radio or television station which has on file with the governing body a written request to be notified of such special meeting or of all special meetings. Such notice must be delivered personally or by mail at least 24 hours before the time of such meeting as specified in the notice. Further, the secretary shall abide by all the other requirements as set forth in RCW 42.30 et seq. with respect to the calling of special meetings.
7. Public Meetings - Open Records:
All meetings of the directors must be public. All records of the boards shall be open to inspection of any electors during business hours.
8. Vacancies in Board of Directors:
A vacancy in the office of director shall be filled by appointment by the board of county commissioners of the county in which the proceedings for the organization of the District were had. At the next annual election occurring 30 days or more after the day of appointment, a successor shall be elected who shall take office on the first Tuesday in January following and shall serve the remainder of the unexpired term.
Article III
Elections
1. Annual Elections:
Fifteen days before any District election the secretary of the board of directors shall cause notices to be posted in three public places in each election precinct, of the time and place of voting the election. The secretary shall also post a general notice of the same in the office of the board, which shall be established and kept at some fixed place to be determined by the board specifying the polling places of the precinct. Prior to the time for posting the notices, the board must appoint for each precinct from the electors thereof, on inspector and two judges, who shall constitute a board of election for the precinct. If the board fails to appoint a board of election, or the members appointed do not attend at the opening of the polls on the afternoon of the election, the electors of the precinct present at that hour may appoint the board, or supply the place of an absent member thereof. The board of directors must, in its order appointing the board of election, designate the place where the election must be held.
Voting in an irrigation district shall be by ballot. Ballot shall be of uniform size and quality, provided by the District, and for the election of directors shall contain only the names of the candidates who have filed with the secretary of the District a declaration in writing of their candidacy, or a petition of nomination as prescribed by Washington State law not later than 5:00 p.m. on the first Monday in November. Ballots shall contain space for sticker voting or for the writing in of the name of an undeclared candidate. If, after the expiration of the date for filing petitions of nomination, it appears that only one qualified candidate has been nominated thereby for each position to be filled it shall not be necessary to hold an election, and the board of directors shall, at their next meeting, declare such candidate elected as director.
2. Special Elections:
(a) The board of directors may, at any time when in their judgment it may be advisable, call a special election and submit to the qualified electors of the District matters for which their approval is required by the laws of the State of Washington.
(b) Elections for Proposed Works-Bonds-Special Assessments: All elections for proposed works, approval of bonds, or approval of special assessments shall be conducted in accordance with the laws of the State of Washington as pertains to irrigation districts. Such elections shall be promulgated upon proposals made in accordance with and after notice of the same as required by the laws of the State of Washington.
3. Voting Hours:
(a) Election Times: The polls must be opened at 1:00 p.m. on the afternoon of the election, and be kept open until 8:00 p.m. when the same must be closed.
(b) Notice of Election: Notice must be given by posting notices in three public places in each election precinct setting forth the date, time and place of holding the election and by posting a general notice of same in the office of the board of directors at least twenty (20) days prior to the date fixed for any such election and also by publication of such notice in some newspaper published in Yakima County, Washington once a week for at least three consecutive weeks; such notices shall specify the offices to be filled, all propositions to be submitted to a vote of the electors including the amount of bonds proposed to be issued or the amount of special assessment proposed to be raised.
4. Qualification of Electors:
A person 18 years of age, being a citizen of the United States and a resident of the state, and who holds title or evidence of title to assessable land in the District or proposed district shall be entitled to vote therein. An agent of a corporation owning land in the District, duly authorized in writing, may vote on behalf of the corporation by filing with the election officers his instrument of authority.
5. Record of Ballots - Certification of Returns - Preservation for Recount:
As soon as the polls are closed, the judges shall open the ballot box and commence counting the votes; and in no case shall the ballot box be removed from the room in which the election is held until all the ballots have been counted. The counting of ballots shall in all cases be public. The ballots shall be taken out, one by one, by the inspector or one of the judges, who shall open them and read aloud the names of each person contained therein and the office for which every such person has voted for, for a vote of yes or no, for all the special assessments and bonds. Each clerk shall write down each office to be filled, the name of each person voted for for such office, and the assessment or bond issues, and shall keep the number of votes by tallies as they are read aloud by the inspector or judge. The counting of votes shall be continued without adjournment until all have been counted.
After the votes have been counted, a certificate shall be drawn upon each of the papers containing the poll list and tallies, or attached thereto, stating the number of votes each one voted for has received, and designating the appropriate office for which each candidate was voted, which number shall be written in figures and in words at full length. Each certificate shall be signed by the clerks, judges and the inspector. One of said certificates, which the poll list and the tally paper to which it is attached, shall be retained by the inspector and preserved by him for at least six months. The ballots, together with the other of said certificates, with the poll list and tally paper to which it is attached, shall be sealed by the inspector in the presence of the judges and clerks and endorsed "election returns of (naming the precinct, if applicable) precinct" and be directed to the secretary of the board of directors and shall immediately delivered to the secretary and the ballots shall be kept unopened for at least six months, during which time a recount may be demanded by any person appearing before the board of directors at any of their public meetings.
The board of directors must meet at its usual place of meeting on the first Monday after each election, to canvas the returns. If, at the time of the meeting, the returns from each precinct in the District. in which the polls were open to have been received, the board of directors must then and there proceed to canvass the returns. The canvass must be made in public, and by opening the returns and estimating the votes of the District for each person voted for and issue voted upon, and declaring the result thereof.
The secretary of the board of directors must, as soon as the result is declared, enter in the records of such board a statement of such result, which statement must show:
1. The whole number of votes cast in the District;
2. The name of the persons voted for;
3. The office to fill which each person was voted for;
4. The number of votes given in each precinct to each such person;
5. The number of votes given in each precinct for and against any proposition voted upon.
The board of directors must declare elected the person having the highest number of votes given for each office. The secretary must immediately make out, and deliver to such a person a certificate of election signed by him and authenticated by the seal of the District.
6. Conduct of the Elections:
Conduct of the elections shall be in accordance with Washington State laws as they exist at the time of the election. Any notice or qualification of electors' requirements set forth in these Bylaws shall be subject to the laws of the State of Washington and in so far as the Bylaws are inconsistent with said laws, the laws shall supersede the Bylaws, provided, that the board of directors may, if they so choose, abide by stricter bylaw notice requirements. All subdivisions shall be treated as jointly owned assessable land for voting purposes.
Article IV
Assessments and Maintenance Charges
1. Special Assessments:
All special assessments voted by the electors of the Irrigation District shall be levied as provided by law against the lands and water rights hereinbefore mentioned under the Naches-Selah Irrigation District in accordance with the amount of water used on each particular tract of said lands and premises and in accordance with the water deeds and water contracts above specifically referred to, and the said method of apportionment of any such assessment is hereby declared to be according to the most beneficial use of water upon the lands and premises.
2. Maintenance Charges:
Maintenance charges against the lands and premises situated within the boundaries of the Naches-Selah Irrigation District and having water rights evidenced by deed or contract from the Naches-Selah Irrigation District, shall be levied in accordance with the terms and condition of said water deed or contract, the same being the most equitable method of fixing such maintenance charges; provided that the Board of directors may adjust the maintenance charges so that same shall be uniform throughout the Irrigation District.
3. Bond Assessments:
Assessments for the purpose of paying the interest and principal on any bonds authorized by the electors of the District shall be levied at the time and in the manner provided by law, but such assessment shall in all particulars conform to the method of levying special assessments against the lands and premises situated with the boundaries of the Irrigation District having water rights evidence by deed or contract from the Naches-Selah Irrigation District, which said method is hereby declared to be according to the beneficial use of the water from the said Naches-Selah Irrigation District.
4. Assessment Book:
The secretary of the board of directors must prepare and maintain an assessment roll with appropriate headings in which the secretary shall list all the lands within the District using water from the canals owned and operated by the District. The roll shall be prepared and maintained by the secretary in such form and manner as allowed by law and the rules and regulations of other governmental agencies with whom assessments and collections thereof must be coordinated.
5. Equalization of Assessments:
On or before the first Tuesday of November each year, the secretary shall complete his/her assessment roll and deliver it to the board, who shall then give immediate notice thereof and of the time the board of directors, acting as a board of equalization will meet to equalize assessments by publication in a Yakima newspaper. The time fixed for the meeting shall not be less then twenty nor more than thirty days from the first publication of the notice, and in the meantime, the assessment roll shall remain in the office of the secretary for inspection of all persons interested. On the day specified in the notice for the meeting, the board of directors shall be constituted as a board of equalization for that purpose and shall meet in continuing session from day to day as long as may be necessary, not to exceed ten days exclusive of Sundays, to hear and determine such objections to the said assessment roll as may come before them; and the board may change the same as may be just. The secretary shall be present during all said sessions and note all changes made at the hearing and on or before the 15th day of January of the year following shall have the assessment roll completed as finally equalized by the board.
6. Levies, Amount and Special Funds (RCW 87.03.260):
Shall be approved, assessed and collected in accordance with the laws of the state of Washington.
7. Delinquencies and Liens of Assessment:
The District shall have all rights as provided by the laws of the State of Washington for the assessment of delinquent charges to delinquent accounts and the creation and foreclosure of liens for such assessments, and shall have the authority to delegate this responsibility to other state and county bodies.
Article V
Officers/Employees
1. President:
The president shall preside at all meetings of the board of directors and at all general meetings of the water users. He shall sign, as president, all contracts, bonds, claims, against the funds of the District, and other instruments in writing which have been first approved by board of directors; and all notices provided in these Bylaws to be given; and he shall have, subject to the approval of the directors, the general superintendent of the affairs of the District.
2. Secretary
It shall be the duty of the secretary to keep a record of all meetings of the board of directors; also all books, papers and filed of the District. He/She shall prepare annually, in accordance with these Bylaws and with the laws of the State of Washington relative thereto, the assessment roll and shall deliver the same at the proper time to the treasurer of Yakima County, Washington. He/She shall keep proper accounts and vouchers of the expenditures of the District. At any general meeting of the board of directors he/she shall submit a complete statement of the accounts of the District for the past year (as is available to the secretary using all reasonable diligence), with proper vouchers for their information. He/She shall discharge such other duties pertaining to this office as shall be prescribed by the board of directors, by these Bylaws or by the laws of the State of Washington relative to irrigation districts. He/She shall take and subscribe a written oath of office and execute an official bond in the sume of not less than Two Thousand Five Hundred Dollars ($2,500.00), to be fixed by the board of directors, which said bond shall be approved by a judge of the Superior Court of the State of Washington, for Yakima County, and said oath and bond shall be recorded in the office of the county clerk of said county and filed with the secretary of the board of directors.
3. Superintendent:
The superintendent shall be appoint by, and shall serve during the pleasure of the board of directors. He shall have actual management and control of the property of the corporation and the distribution of water from the canals, laterals, pipelines and other irrigation works of the District, subject to the general control of the president and the board of directors.
4. Other Employees:
The board of directors may employ such other agents, servants or attorneys as they shall deem to be for the best interest of the District, to serve during the pleasure of the board of directs, to be paid such compensation as shall be fixed by the board of directors. All such agents, servants and employees of the District shall perform the duties prescribed by the board of directors under the supervision of the officer of the District.
Article VI
Use and Distribution of Water
The water in the Naches-Selah Irrigation District owned and operated by the District shall be used and distributed in the manner most beneficial for the irrigation of the lands situated within the boundaries of said District and in accordance with the terms and conditions of the water right deeds and contracts for the lands and premises situated within the said District, subject to the general rules and regulations as shall, from time to time, be adopted by the board of directors.
Article VII
Payment of the Bills and Debts of the District
At the regular monthly meeting of the board of directors of the District, they shall audit all bills for expenses incurred during the previous month for construction, maintenance and operation of the property of the District and for its general expenses. All of which said claims shall be evidence by vouchers and, upon the audit and approval of any such claim, the board of directors shall authorize the president and the secretary of the District to remit such funds to the claimants of same to to initiate such procedure as has been from time to time approved by the board for the payment of such debts.
Article VIII
Creation of Local Improvement Districts
All local improvement districts shall be created, enlarged and managed in accordance with applicable Washington State laws.
Article IX
Miscellaneous
1. Compensation of Directors, Officers, and Employees:
The directors shall each receive compensation not to exceed the greater of $40.00 per day or as authorized by Washington State laws for each day during which they attend meetings and while performing other services of the District, to be fixed by resolution and entered in the minutes of their proceedings, and in addition thereto the reasonable expenses including business related meal expenses, in accordance with Washington State laws as they presently exist or are later amended. The board shall fix the compensation of the secretary and all other employees.
2. Contracts in Which Officers Have Interest:
Contracts in which officers or directors have an indirect or direct interest or from which officers or directors may derive a profit therefrom shall only be authorized after full disclosure by the parties and interest of their interest therein and to the extent to which such contracts are not otherwise prohibited by law. The officer or director having such an interest in the contract may not vote on the contract or issue.
3. Meetings of Water Users:
The board of directors may at any time they think desirable call a special meeting of water users. Said meetings shall be held at a time and place to be fixed by the board of directors and notice thereof shall be given in accordance with the requirements of the laws of the State of Washington or as otherwise provided herein for notices of election in the absence of such laws.
4. Pollution of Water in District Canals:
The District does not represent or attempt to provide potable or drinking water to its water users or any other entities. However, the District shall endeavor to remove contamination and pollution from its canals and laterals which tend to render said water unsanitary. It is the responsibility of the water users as well as District employees to report such contaminants to the District. The board of directors may cause persons guilty of creating any such nuisance or contamination to be punished according to the law.
5. Books and Papers
The books and papers of the District shall be kept in the office of the secretary, and all books and papers of the District shall, at all times during business hours, be open to the inspection of the Board of Directors or of any water user in the District or the duly authorized agent or attorney of any such water user.
6. Limit of Indebtedness - Emergency
The board of directors or other officers of the District shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise in excess of the sums authorized by these bylaws and by vote of the water users and electors as herein provided; except as by law provided otherwise; and any debt or liability incurred in excess of such express provisions shall be and remain absolutely void; except in cases of emergency the board of directors may incur indebtedness under the terms and limitations as set forth in the laws of the State of Washington.
7. Seal
The seal of the District, until otherwise ordered, shall be an impression bearing on the margin the words - "Naches-Selah Irrigation District 1916" and in the center, the words "Official Seal."
8. Amendments to Comply with State and Federal Laws:
It is acknowledged by the District that it is governed by the laws of the State of Washington as presently exist or hereafter promulgated. Therefore, to the extent that these bylaws are now or shall in the present become inconsistent with the laws, codes, or regulations of the State of Washington or to the extent applicable to the United States of America, such laws shall supersede the conflicting provisions of these bylaws without further action by the board of directors.
Article X
Delivery of Water
1. Water users desiring water turned on, water turned off or changed from one measuring box to another, or neighbors desiring to exchange water must give 24 hours notice of such change to the Ditch Patrolman on the lateral where such a change is to be made or request changes at the NSID office.
2. No obstruction, dam, or diversion works of any kind shall be placed in the canal or in any of the laterals under the control of the officers of the Irrigation District by any water user. All such dams or diversions works as are necessary for the proper delivery of water from the canal or any lateral will be placed therein only under the supervision of the Directors of the District or the or the Superintendent of the canals of the District.
3. No Water user shall allow his supply of water to run to useless waste or to permit any waste water to run back into any of the canals or laterals of the ditch without first having secured the express consent of the Directors therefor, and said waste water must be conducted into the canal or lateral in such a manner as shall be approved by the Board of Directors.
4. Tampering with measuring boxes, locks or appliances, whittling or otherwise enlarging the openings after same shall have been set, and changing delivery from one side of the measuring box to another is strictly forbidden under the penalty of the law in such cases provided.
5. No water user shall close or obstruct any gage or valve delivening water to him or upon his land so that same shall be thrown back into the canal or lateral of the District without the express consent of the Superintendent of the canal or the Ditch Patrolman of the said irrigation lateral. 24 hours before the water user has finished his irrigation, desiring water to be shut off, he shall notify the Ditch Patrolman having charge of that lateral delivering water to his said lands, said notice to be oral, by telephone, or by written notice tacked to the measuring box of said water user.
6. All gates, turnouts, valves and delivery devices must be kept locked by the Ditch Patrolman unless otherwise ordered by the Board of Directors, or the Superintendent of said District.
Article XI
Board Meetings
A Board Member may attend a board meeting by any means that allows the Member who is not physically present to hear and participate in all discussions occurring at the meeting and reasonably review all documents considered in such discussions. A Board Member participating in this manner shall be deemed present for all purposes to include but not be limited to establishing a quorum, if approved by the Board President.
Article XIV
Fiscal Year
The fiscal year of the corporation shall be from December 1st through November 30th of the next calendar year, or as set by the Board of Directors.
Adopted 1922
Amended by the board of directors on January 2, 1929.
Amended by the board of directors on July 7, 1989.
Amended by Resolution #2008-20 on December 10, 2008
Amended by Resolution #2014-12 on September 10, 2014