Wash. Rev. Code » Title 80 · Chapter 80.04
Revised Code of Washington

Wash. Rev. Code § 80.04.180 (2026)

Supersedeas—Water companies seeking supersedeas

✓ current as of May 2026
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(1) The pendency of any writ of review shall not of itself stay or suspend the operation of the order of the commission, but the superior court in its discretion may restrain or suspend, in whole or in part, the operation of the commission's order pending the final hearing and determination of the suit.
(2) No order so restraining or suspending an order of the commission relating to rates, charges, tolls or rentals, or rules or regulations, practices, classifications or contracts affecting the same, shall be made by the superior court otherwise than upon three days' notice and after hearing. If a supersedeas is granted the order granting the same shall contain a specific finding, based upon evidence submitted to the court making the order, and identified by reference thereto, that great or irreparable damage would otherwise result to the petitioner, and specifying the nature of the damage. A water company seeking a supersedeas must demonstrate to the court that it is in compliance with the state board of health standards adopted pursuant to RCW 43.20.050 and chapter 70A.100 RCW relating to the purity, volume, and pressure of water.
(3) In case the order of the commission under review is superseded by the court, it shall require a bond, with good and sufficient surety, conditioned that such company petitioning for such review shall answer for all damages caused by the delay in the enforcement of the order of the commission, and all compensation for whatever sums for transmission or service any person or corporation shall be compelled to pay pending the review proceedings in excess of the sum such person or corporations would have been compelled to pay if the order of the commission had not been suspended.
(4) The court may, in addition to or in lieu of the bond herein provided for, require such other or further security for the payment of such excess charges or damages as it may deem proper.
[ 2021 c 65 s 95; 1989 c 207 s 3; 1961 c 14 s 80.04.180. Prior: 1933 c 165 s 6; prior: 1931 c 119 s 2; 1911 c 117 s 87; RRS s 10429.]

Notes:

Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Notes of Decisions
Cited in 5 cases, 1985–2013 · leading case: Gen. Tel. Co. of the Nw., Inc. v. Utils. & Transp. Comm'n, 706 P.2d 625 (Wash. 1985).
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Gen. Tel. Co. of the Nw., Inc. v. Utils. & Transp. Comm'n, 706 P.2d 625 (Wash. 1985). · cites it 25× “The resolution of this appeal depends on the interpretation of the supersedeas statute, RCW 80.04.180, which provides: Supersedeas.”
Nielsen v. Dep't of Licensing, 309 P.3d 1221 (Wash. Ct. App. 2013). “2d 625 (1985) (discussing RCW 80.04.180, which provides telephone companies interim relief in the form of a supersedeas order allowing higher rates because the utility made a showing of irreparable damage).”
ETCO, Inc. v. Dep't of Labor & Indus., 831 P.2d 1133 (Wash. Ct. App. 1992). “140, and the specific supersedeas statute, RCW 80.04.180. 3 2B N. Singer, Statutory Construction § 51.”
Washington Indep. Tel. Ass'n v. Washington Utils. & Transp. Comm'n, 39 P.3d 342 (Wash. Ct. App. 2002). “A simultaneous motion for supersedeas under RCW 80.04.180, or in the alternative, for a stay, was denied on November 18, 1998.”
Kai Nielsen v. Dep't Of Licensing (Wash. Ct. App. 2013). “10 Manussier. 129 Wn.2d at 673 ; Coria. 120 Wn.”
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