Legislator looks at diking laws

Representative Dean Takko met with members of diking district #4 to discuss future options for the group. Currently, the district has only one supervisor. Washington state law says, “Each special district shall be governed by a three-member governing body.” (RCW 85.38.070)

However, “if only one person files for the position, he or she shall be considered to have been elected to the position at the election that otherwise would have taken place for such position.” (RCW 85.38.115)

For the past several months, the board has been considering ways to make changes to the governing laws, at least for the Wahkiakum County district, said Julia Butler Hansen Wildlife Refuge Project Leader Charlie Stenvall.

As they stand, the diking district laws are archaic for the situation, he said.

“The majority of the landowners really don’t have any voting rights on the diking district and how the diking district is run,” he said.

Stenvall added that he had heard concerns from Public Works Director Pete Ringen that what is done in the Wahkiakum County diking district would affect the whole state.

Takko said that was true. “Whatever we do covers the whole state…what you do in Wahkiakum County has to work in King, Spokane and other places,” Takko said.

When writing new laws for a district, it is important to use generic, yet specific language, Takko said. He gave an example of a district in Pacific County where a small number of members aren’t audited by the state.

“They don’t even have a budget. When something needs to be done, everybody chips in some money and they do it basically privately,” Takko said. The district remains viable because if permits or funding are needed, they have an entity to turn to.

Stenvall told Takko the direction the refuge wanted to go was to give the land owners the ability to vote on diking district issues.

“Right now, that’s not something that can be done,” he said.

Currently, district chairman Maury Mooers makes all decisions pertaining to the district, but should Mooers retire, the county commissioners would make diking district decisions. Ringen pointed out if the district wasn’t functional, the responsibility falls to the county. Ringen said he didn’t want to sign up for that additional responsibility.

In other district business, Stenvall said there had been discussion whether or not to disband the board, but after hearing Takko, said it would make more sense to stay together for permitting and grant processes.

“I think the best way to ensure that happening, is that the land owners have the chance to discuss these options,” Stenvall said, adding that if the county commissioners are the sole arbitrators of the district, he doubts district landowners will be any more involved than they are now.

Takko told the board he would organize a staff to research ideas to write a law that would pertain to the district’s voting rights.