[WSBARP] Property rights of private "public" water systems

[John M. Riley III]

Eric:

Here in eastern Washington a lot of them are by private agreement or via a set of restrictive covenants.   Check with the WSDOH -- I  bet they may be able to steer you to a project so you could contact the project oversight persons/group to get copies of documents.

John Riley



John M. Riley, III
Principal | Witherspoon * Kelley
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Monday, October 12, 2015 10:52 AM
To: WSBA Real Property listserve (wsbarp at lists.wsbarppt.com)
Subject: [WSBARP] Property rights of private "public" water systems

I am trying to wrap my head around the general organizational types for water service to multiple properties. It looks to me like there are a few different types of governmental water service, all municipal corporations or direct operation by a local government, either under County authority (RCW 36.94), or formation of a water-sewer district (Title 57 RCW), or annexation by a city (RCW 35.13A).

But am I right in thinking that a "Group A public water system" is by definition a private entity, and never a municipal corporation of any kind? Of course the water service is regulated for health purposes by either the state or a County Department of Health, but it seems to me that the private ownership of the water system can be organized in virtually any fashion.

Are there statutory or regulatory restrictions (or case law) on a private water system's authority to charge fees, assess penalties, accumulate reserves, etc.? Imposing due process requirements, equal treatment, etc.?

If there is a reference resource that I can use to look at this kind of information, please I'd love to find it. Thanks!

Sincerely,

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040

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