Burbank Irr. Dist. No. 4 v. Douglass

• Decision Date: 18 April 1927
• Docket Number: 20503.
• Parties: BURBANK IRR. DIST. NO. 4 et al. v. DOUGLASS, County Treasurer.
• Court: Washington Supreme Court

255 P. 360

143 Wash. 385

BURBANK IRR. DIST. NO. 4 et al. v. DOUGLASS, County Treasurer.

No. 20503.

Supreme Court of Washington

April 18, 1927

Department 1.

Appeal from Superior Court, Walla Walla County; Sharpstein, Judge.

Action by the Burbank Irrigation District No. 4 and another, in his own behalf and in behalf of persons similarly situated against C. C. Douglass, as treasurer of Walla Walla County. Judgment on demurrer for plaintiffs, and defendant appeals. Affirmed.

W. G Coleman and A. J. Gillis, both of Walla Walla, for appellant.

Grant S. Bond, of Walla Walla, and B. B. Horrigan, of Pasco, for respondents.

FRENCH, J.

This action was instituted by J. W. Hereford, as a local landowner and water user, and also as representative of other landowners within the Burbank irrigation district, and the irrigation district itself, against the county treasurer of Walla Walla county, the complaint being as follows:

'I. That Burbank irrigation district No. 4, of Walla Walla county, Wash., is a municipal corporation, organized and existing under and by virtue of the laws of the state of Washington.

'II. That said Burbank irrigation district No. 4 was organized as an irrigation district in the year 1918; that it comprises some 10,000 acres of land, and was organized for the purpose of furnishing water for irrigation of lands within said district; that no crops can be grown on the said lands within said district, except by irrigation.

'III. That a large part of the owners of lands within said district have failed to pay the assessments levied thereon to meet the interest on the outstanding bonds of said district and the assessments levied yearly for the operation and maintenance costs for the ensuing year; that, because of such failure, a very large part of the land has been taken over and is now owned by said irrigation district.

'IV. That since the formation of said district each year the board of directors have levied an assessment against the lands within said district in an amount deemed sufficient to raise the ensuing annual interest on the outstanding bonds and said board of directors have also levied each year an amount deemed sufficient to pay for the operation and maintenance costs of said district each year, together with an amount for all probable delinquencies on said levy.

'V. That, because of the failure of the owners of much of the land within said district to pay the assessments levied thereon, maintenance warrants of said district have been issued, registered, and unpaid to such an amount that there are at the present time outstanding warrants of said district for maintenance and operation in the sum of approximately $100,000.

'VI. That the practice of the treasurer of Walla Walla county, Wash., is to call and pay the warrants of said district according to the numerical order of their issue and registration; that money received by him from the assessments made for the operation and maintenance costs of the said irrigation district for any ensuing year is not utilized by him to pay the warrants issued for the operation and maintenance costs incurred for that particular year, but he uses and applies all funds for maintenance and operation collected, for payment of registered warrants, regardless of the year for which the funds collected were levied; that under the plan followed by the said county treasurer, no maintenance warrants of said irrigation district are called within five or ten years from the date of their issue and registration, and they are regarded as of little value; that no banking or financial institution will handle said warrants; that the employees of said district refuse to take said warrants in payment of their salaries, and the directors of said district are unable to hire the necessary employees, or to purchase the necessary materials and supplies for said district, or to meet the necessary and essential yearly maintenance costs of said district, by issuing therefor warrants of said district as provided by law.

'VII. That the board of directors of said Burbank irrigation district No. 4 has levied an assessment of $7.50 per acre on the irrigable lands of the district for the operation and maintenance costs of said district for the year 1927; that the said treasurer of Walla Walla county has been requested to set aside funds received from this levy and apply the same to maintenance costs for said year 1927 only; but said defendant, county treasurer, has refused this request and has informed plaintiffs that any moneys received by him from said assessment shall be used by him to call and pay the outstanding warrants of said district according to their outstanding numerical order; and that, until all warrants now issued are paid, none of said money shall be used by him to pay for the operation and maintenance costs of said district for the ensuing year of 1927; that, if the money is so used, then Burbank irrigation district No. 4 Cannot function as an irrigation district, and can supply no water for irrigation or other purposes for any of the lands within said district for the year 1927; that no money is available to meet said expenses and there is no other way to meet the necessary operating expenses of the district.

'VIII. That, if the money received from the assessment made for the operation and maintenance costs for the year 1927 is used by the said treasurer of Walla Walla county to call and pay warrants issued for operation and maintenance of said district, then said Burbank irrigation district No. 4 will be able to operate and function as a district and furnish water for irrigation of lands therein, and will be able to hire the necessary employees and purchase the necessary supplies and materials and pay for said service and materials with the warrants of said district.

'IX. That the plaintiff, J. W. Hereford, alleges that he is the owner of 25 acres of land within said district on which he has paid all assessments levied by said irrigation district; that there are many other similarly situated too numerous to join in this action, and that he therefore sues in his own behalf and in behalf of the other owners of land within said district whose interests are identical with his; that said irrigation district, through its board of directors, had levied an assessment of $7.50 an acre against the plaintiff's land and the lands of other owners therein for the operation and maintenance costs of said district for the year 1927; that, if this plaintiff and others similarly situated pay to the treasurer of Walla Walla county, Wash., the assessment levied for the operation and maintenance of the district for the year 1927, and which he and they must pay, and the treasurer of Walla Walla county shall utilize the money thus derived to pay warrants issued many years prior hereto, then the district will be unable to function as a district for the year 1927, and no water shall be furnished to this plaintiff and those similarly situated with him for the irrigation of his lands, and he will thus suffer irreparable injury, and his lands will be assessed for a benefit which he cannot receive; that the assessments heretofore made each year by Burbank irrigation district No. 4 against the land of this plaintiff and those similarly situated with him have equalled the maximum benefits received by him and those similarly situated and the said assessment levied for 1927 will equal the maximum benefits to be received by him and others from the operation of said district, and any utilization of the assessment levied for the operation and maintenance of said district for the year 1927 in the payment of warrants issued in prior years would be without any benefit whatever to this plaintiff and those similarly situated.

'X. That Burbank irrigation district No. 4, J. W. Hereford, and all those similarly situated would suffer irreparable injury if Burbank irrigation district No. 4 should cease to operate as a district and no water be furnished for the year 1927 for the irrigation of lands within said district, and said irreparable injury will result if the said treasurer of Walla Walla county is not enjoined from utilizing any of the funds derived from the assessment for operation and maintenance of said district for the year 1927 in payment of warrants issued for prior years and, further, if he is not compelled to utilize all of said money derived from the levy for 1927 as aforesaid for the calling and payment of warrants issued for the operation and maintenance costs of said district during the year 1927.'

To this complaint a demurrer was interposed, which was overruled, and, the defendant electing to stand on his demurrer, judgment was entered in accordance with the prayer of the complaint. This appeal follows.

The real question in this case is: Shall warrants for operating expenses be paid in the order of their registration regardless of the year in which they were issued, or shall such warrants when issued constitute a first claim on the expense fund for that year?

The powers and duties of irrigation districts, in so far as applicable to this case are contained in...