Revised Code of Washington

Wash. Rev. Code § 57.04.070 (2026)

When two or more petitions filed

✓ current as of May 2026

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Whenever two or more petitions for the formation of a district shall be filed as provided in this chapter, the petition describing the greater area shall supersede all others and an election shall first be held thereunder, and no lesser district shall ever be created within the limits in whole or in part of any district, except as provided in RCW 36.94.420.

[ 1996 c 230 s 207; 1985 c 141 s 6; 1981 c 45 s 9; 1929 c 114 s 4; RRS s 11582. Cf. 1913 c 161 s 4.]

Notes:

Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.

Legislative declaration—"District" defined—Severability—1981 c 45: See notes following RCW 36.93.090.

Notes of Decisions

Cited in 6 cases, 1963–2020 · leading case: Skagit Cnty. Pub. Hosp. Dist. No. 304 v. Skagit Cnty. Pub. Hosp. Dist. No. 1, 305 P.3d 1079 (Wash. 2013).

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Skagit Cnty. Pub. Hosp. Dist. No. 304 v. Skagit Cnty. Pub. Hosp. Dist. No. 1, 305 P.3d 1079 (Wash. 2013). “045; former RCW 57.04.070). It was from that limiting language that this court drew an implication that one water district should not infringe upon the territorial jurisdiction of another.”

Alderwood Water Dist. v. Pope & Talbot, Inc., 382 P.2d 639 (Wash. 1963). “RCW 57.04.070 provides: “Whenever two or more petitions for the formation of a water district shall be filed as herein provided, the peti *322 tion describing the greater area shall supersede all others and an election shall first be held thereunder, and no lesser water district…”

King Cnty. Water Dist. No. 75 v. Port of Seattle, 822 P.2d 331 (Wash. Ct. App. 1992). “02 be liberally construed; (3) the prohibition in RCW 57.04.070 against the creation of a new water district within an established water district; and (4) common sense, which dictates that where the Legislature has created a water district to serve a particular area, it could…”

Ronald Wastewater Dist., Res. v. Olympic View Water & Sewer Dist., Apps. (Wash. Ct. App. 2019). · cites it 2× “Former RCW 57.04.070 (1985) ("[N]o lesser water district shall ever be created within the limits in whole or in part of any water district, except as provided in [former] RCW 57.”

Ronald Wastewater Dist. v. Olympic View Water& Sewer Dist. (Wash. 2020). · cites it 2× “010 (1959) (permitting water districts to serve areas outside their own boundaries) and former RCW 57.04.070 (1929) (“‘no lesser water district shall ever be created within the limits in whole or in part of any water district’”).”

Skagit Cnty. Pub. Hosp. Dist. No. 304 v. Skagit Cnty. Pub. Hosp. Dist. No. 1 (Wash. 2013). · cites it 2× “045 (1959); former RCW 57.04.070 (1929)). The limiting statute stated that "no lesser water district shall ever be created within the limits in whole or in part of any water district.”

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