Revised Code of Washington
Wash. Rev. Code § 54.16.040 (2026)
Electric energy
✓ current as of May 2026
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A district may purchase, within or without its limits, electric current for sale and distribution within or without its limits, and construct, condemn and purchase, purchase, acquire, add to, maintain, conduct, and operate works, plants, transmission and distribution lines and facilities for generating electric current, operated either by water power, steam, or other methods, within or without its limits, for the purpose of furnishing the district, and the inhabitants thereof and any other persons, including public and private corporations, within or without its limits, with electric current for all uses, with full and exclusive authority to sell and regulate and control the use, distribution, rates, service, charges, and price thereof, free from the jurisdiction and control of the utilities and transportation commission, in all things, together with the right to purchase, handle, sell, or lease motors, lamps, transformers and all other kinds of equipment and accessories necessary and convenient for the use, distribution, and sale thereof: PROVIDED, That the commission shall not supply water to a privately owned utility for the production of electric energy, but may supply, directly or indirectly, to an instrumentality of the United States government or any publicly or privately owned public utilities which sell electric energy or water to the public, any amount of electric energy or water under its control, and contracts therefor shall extend over such period of years and contain such terms and conditions for the sale thereof as the commission of the district shall elect; such contract shall only be made pursuant to a resolution of the commission authorizing such contract, which resolution shall be introduced at a meeting of the commission at least ten days prior to the date of the adoption of the resolution: PROVIDED FURTHER, That it shall first make adequate provision for the needs of the district, both actual and prospective.
[ 1955 c 390 s 5. Prior: 1945 c 143 s 1(d); 1931 c 1 s 6(d); Rem. Supp. 1945 s 11610(d).]
Notes:
Joint operating agency: RCW 43.52.360.
Reduced utility rates for low-income senior citizens and other low-income citizens: RCW 74.38.070.
Right of city or town to acquire electrical distribution property from P.U.D.: RCW 35.92.054.
Notes of Decisions
Cited in 20
cases, 1953–2019 · leading case: Chem. Bank v. Washington Pub. Power Supply Sys., 666 P.2d 329 (Wash. 1983).
Chem. Bank v. Washington Pub. Power Supply Sys., 666 P.2d 329 (Wash. 1983). “450; RCW 54.16.040. As noted above, various participants interposed numerous defenses to the Chemical Bank action and cross claims against WPPSS.”
Chem. Bank v. Washington Pub. Power Supply Sys., 691 P.2d 524 (Wash. 1984). “PUD's are granted with authority under the terms of RCW 54.16.040, which provides: *891 A district may purchase, within or without its limits, electric current for sale and distribution within or without its limits, and construct, condemn and purchase, purchase, acquire, add to,…”
Sundquist Homes, Inc. v. Snohomish Cnty. Pub. Util. Dist. No. 1, 965 P.2d 1148 (Wash. Ct. App. 1998). “RCW 54.16.040 gives the PUD full power to maintain and operate distribution lines and to control the charges for the electric current it distributes: A district may purchase, .”
Snohomish Cnty. Pub. Util. Dist. No. 1 v. Broadview Television Co., 586 P.2d 851 (Wash. 1978). “080 is construed as only a partial limitation on the authority granted in RCW 54.16.040, carved out for the protection of bondholders only, the integrity of both is preserved.”
Nucleonics All. v. Washington Pub. Power Supply Sys., 677 P.2d 108 (Wash. 1984). “) A PUD is empowered to operate electric distribution lines (RCW 54.16.040), condemn properties owned by a public utility (RCW 54.”
Blocktree Props., LLC v. Pub. Util. Dist. No. 2 of Grant Cnty. Wash., Mun. Corp., 380 F. Supp. 3d 1102 (E.D. Wash. 2019). “Wash. Rev. Code § 54.16.040 . Those rates and charges must be fair and nondiscriminatory.”
Sundquist Homes, Inc. v. Snohomish Cnty. Pub. Util. Dist. No. 1, 997 P.2d 915 (Wash. 2000). “080 and RCW 54.16.040. In relevant part, these statutes provide as follows: 54.”
Roehl v. Pub. Util. Dist. No. 1, 261 P.2d 92 (Wash. 1953). “RCW 54.16.040]) to furnish a district and the inhabitants thereof with electric current for all uses, and, as an incident thereto, to furnish any other persons, including public and private corporations, within or without its limits, with such current for all uses.”
Pub. Util. Dist. No. 1 v. State, 342 P.3d 308 (Wash. 2015). “020 indicates that it pertains to the “[a]cquisition of property and rights — [ejminent domain,” and RCW 54.16.040 indicates that it pertains to “[e]leetric energy,” but neither includes authority to condemn school lands.”
Hite v. Pub. Util. Dist. No. 2, 772 P.2d 481 (Wash. 1989). “4 Under RCW 54.16.040, a district has "full and exclusive authority" to sell, regulate and control the use, distribution, rates, service, charges and price of electricity.”
State Ex Rel. O'Connell v. Pub. Util. Dist. No. 1 of Klickitat Cnty., 484 P.2d 393 (Wash. 1971). “The powers of a public utility district are set forth in RCW 54.16.040 as follows: A district may purchase, within or without its limits, electric current for sale and distribution within or without its limits, and construct, condemn and purchase, purchase, acquire, add to,…”
Puget Sound Power & Light Co. v. Pub. Util. Dist. No. 1, 565 P.2d 1221 (Wash. Ct. App. 1977). “See RCW 54.16.040 and .090; e.g., Wilson v. Henderson, 461 S.”
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