Mont. Code Ann. § 85-8-401 — MT Code / Title 85 / Chapter 8 / Part 4 / Section 85-8-401
85-8-401 Alterations or additions to district -- petition required
Status: in_force

85-8-401 . Alterations or additions to district -- petition required. (1) Whenever, in the judgment of the commissioners of any drain district or drainage district, it is necessary or will be beneficial to such district to make any alteration and/or any addition to the drainage system of such district, they shall file a petition with the clerk of the court having jurisdiction of such district, in which shall be stated:

(a) the proposed alteration of and/or the proposed addition to the drainage system of said district;

(b) the necessity therefor; and

(c) the probable cost of making such alteration and/or addition.

(2) Whenever such commissioners shall fail or refuse to file such petition or in event any landowners desire to file such petition, such petition may be filed by such landowners, provided the same be signed by the owners of at least 40% in area of the lands in said district.
Mont. Code Ann. § 85-7-1903 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1903
85-7-1903 Entry upon land by board or agent
Status: in_force

85-7-1903 . Entry upon land by board or agent. The board and its agents and employees shall have the right to enter upon any land to make surveys and may locate the necessary irrigation works, including drainage works and the line for any canal or canals and necessary branches for the same, on any lands which in the judgment of the board may be deemed best suited for such location.
Mont. Code Ann. § 85-1-301 — MT Code / Title 85 / Chapter 1 / Part 3 / Section 85-1-301
85-1-301 Water conservation revenue bonds
Status: in_force

85-1-301 . Water conservation revenue bonds. (1) The department may provide, by resolution, at one time or from time to time, for the issuance of water conservation revenue bonds of the state for the purpose of paying the cost, of any one or more public works. The principal and interest of the bonds are payable solely from the special fund provided for payment. The bonds must mature at the time or times, not more than 40 years from their date or dates, that may be fixed by the resolution but may be made redeemable before maturity at the option of the state, to be exercised by the department, at the price or prices and under the terms and conditions that may be fixed by the department prior to the issuance of the bonds. The department shall determine the rate of interest the bonds shall bear, the time or times of payment of interest, the form of the bonds and the interest coupons to be attached to the bonds, and the manner of executing the bonds and coupons and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company within or outside of the state.

(2) Provisions may be made for the registration of any of the bonds in the name of the owner as to principal alone or as to both principal and interest. The bonds authorized under the provisions of this section and 85-1-303 may be issued and sold from time to time and in amounts that may be determined by the department, and the department may sell the bonds in a manner and for a price as it may determine to be for the best interests of the state. The proceeds of the bonds must be used solely for the payment of the cost of the works and must be checked out in the manner and under the restrictions, if any, that the department may provide.

(3) Each resolution providing for the issuance of bonds must set forth the project or projects for which the bonds are to be issued, and the bonds authorized by each resolution constitute a separate series. The bonds of each series must be identified by a series letter or letters and may be sold and delivered at one time or from time to time.
Mont. Code Ann. § 85-8-321 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-321
85-8-321 Organization, appointments, and preliminary report
Status: in_force

85-8-321 . Organization, appointments, and preliminary report. (1) Within 10 days after the commissioners are appointed and qualified, they shall meet and organize by electing one member as president and by electing a secretary, who may or may not be a member of the board.

(2) The commissioners shall appoint one or more attorneys to assist in the establishment of the district, advise with its officers, agents, and employees, and prepare reports and other necessary documents. The court shall allow the attorney or attorneys just compensation to be taxed in the case.

(3) The commissioners shall appoint a competent civil and drainage engineer, who may be an individual, a partnership, or a corporation, who may employ assistants and make surveys, and who, with the approval of the court, may employ a consulting engineer or secure expert advice. The expense of the engineer, the engineer's assistants, and the consulting engineer must be taxed as expenses under the petition. The commissioners shall personally examine the lands in the district and make a preliminary report to the court that states:

(a) whether the proposed work is necessary or would be of use in carrying out the purposes of the petition;

(b) whether the proposed work would promote the public health;

(c) whether the proposed work would promote the public welfare;

(d) whether the total benefits from the proposed work will exceed the cost of the work, together with the damages resulting from the work, and in arriving at this, they shall include all benefits and all damages resulting from the work both within and outside of the district.

(4) The commissioners shall in the report fix, as near as may be, and report to the court the boundaries of the proposed drainage district. The boundaries may not be changed from those in the petition described so as to deprive the court of jurisdiction by reason of not having on the petition the required number of signers owning land within the changed boundaries.
Mont. Code Ann. § 85-7-1846 — MT Code / Title 85 / Chapter 7 / Part 18 / Section 85-7-1846
85-7-1846 Terminated
Status: in_force

85-7-1846 . Terminated. Sec. 5, Ch. 306, L. 1997.
Mont. Code Ann. § 85-2-217 — MT Code / Title 85 / Chapter 2 / Part 2 / Section 85-2-217
85-2-217 Suspension of adjudication
Status: reserved

85-2-217 . Suspension of adjudication. While negotiations for the conclusion of a compact under part 7 are being pursued, all proceedings to generally adjudicate reserved Indian water rights and federal reserved water rights of those tribes and federal agencies that are negotiating are suspended. The obligation to file water rights claims for those federal non-Indian and Indian reserved rights is also suspended. This suspension is effective until July 1, 2013, as long as negotiations are continuing or ratification of a completed compact is being sought. If approval by the state legislature and tribes or federal agencies has not been accomplished by July 1, 2013, the suspension must terminate on that date. Upon termination of the suspension of this part, the tribes and the federal agencies are subject to the special filing requirements of 85-2-702 (3) and all other requirements of the state water adjudication system provided for in Title 85, chapter 2. Those tribes and federal agencies that choose not to negotiate their federal non-Indian and Indian reserved water rights are subject to the full operation of the state adjudication system and may not benefit from the suspension provisions of this section.
Mont. Code Ann. § 85-7-1841 — MT Code / Title 85 / Chapter 7 / Part 18 / Section 85-7-1841
85-7-1841 Fixing of taxable acreage
Status: in_force

85-7-1841 . Fixing of taxable acreage. Whenever any lot, tract, or parcel of land has been heretofore or may hereafter be included within the boundaries of any public irrigation district formed under the laws of this state and the acreage thereof fixed and stated in the decree for the creation of said district or in any other proceeding relating thereto is fixed at a greater number of acres than actually exist within such lot, tract, or parcel of land or at a greater number of acres than can be irrigated from the reclamation system of said district or whenever, from any action or proceeding by or on behalf of said district or its commissioners, any such lot, tract, or parcel of land included therein has been or is about to be assessed from a greater acreage than exists therein or can be irrigated from the reclamation system of said district, the owner or holder of title or evidence of title to said lands, as defined by the irrigation district acts, may have the taxable acreage contained therein fixed and adjudicated as provided for by 85-7-1841 through 85-7-1845 . However, if any bonds have been issued with the approval and pursuant to confirmation by the court then no proceeding for the determination of the acreage shall be allowed to alter or reduce in any manner the acreage subject to the lien of such bonds, in principal or interest, or of the taxes or assessments to meet the interest or principal thereof while such bonds or the interest thereon are unpaid in whole or in part. Such proceeding may still be allowed to correct or determine acreage subject to taxes or assessments for maintenance and current expenses and insofar as the latter only are to be affected.
Mont. Code Ann. § 85-3-205 — MT Code / Title 85 / Chapter 3 / Part 2 / Section 85-3-205
85-3-205 License or renewal fee
Status: in_force

85-3-205 . License or renewal fee. A license shall be issued or renewed only upon the payment to the department of $100 for the license or renewal.
Mont. Code Ann. § 85-7-1975 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1975
85-7-1975 State contracts -- court approval required
Status: in_force

85-7-1975 . State contracts -- court approval required. (1) The board of commissioners of an irrigation district, before the making of a contract with the state of Montana under 85-7-1971 through 85-7-1975 , shall commence a special proceeding in the district court. In such proceeding, the proceedings of the board and of the district leading up to the making of the contract and the validity of the terms thereof must be judicially examined and approved or disapproved.

(2) The practice and procedure for the confirmation of any step or action provided for in subsection (1) must be as nearly as possible in conformity with the practice and procedure established for the confirmation before the issuance and sale of bonds of an irrigation district. The district court may approve such proceedings in part and declare illegal or invalid other parts of the proceedings. However, insofar as possible, the court shall remedy and cure all defects in the proceedings.
Mont. Code Ann. § 85-7-2137 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2137
85-7-2137 Failure to levy or collect tax or assessment
Status: in_force

85-7-2137 . Failure to levy or collect tax or assessment. In the event that for any reason a special tax or assessment provided for cannot or may not be levied and collected in time to meet any interest falling due on any bonds issued, the board of commissioners shall provide for and pay such interest when due, either out of any of the funds in hand in the treasury of the district not otherwise appropriated or by warrants drawn against the next district tax or assessment levied or to be levied. These warrants shall be in addition to those mentioned in 85-7-2001 .
Mont. Code Ann. § 85-8-409 — MT Code / Title 85 / Chapter 8 / Part 4 / Section 85-8-409
85-8-409 Rules of practice applicable
Status: in_force

85-8-409 . Rules of practice applicable. The same rules relative to the filing of answers and replies relative to other causes of action affecting the title to real property shall apply in actions to exclude lands from a drainage district, and all issues arising may be tried by the court without a jury.
Mont. Code Ann. § 85-3-103 — MT Code / Title 85 / Chapter 3 / Part 1 / Section 85-3-103
85-3-103 Department powers
Status: in_force

85-3-103 . Department powers. In addition to any other acts authorized by law, the department may:

(1) acquire materials, equipment, and facilities as are necessary to perform its duties under this chapter;

(2) receive any funds which may be offered or become available from federal grants or appropriations, private gifts, donations, bequests, or any other source and unless their use is restricted, expend the funds for the administration of this chapter;

(3) make such studies and investigations and obtain such information as the department may deem necessary in exercising its authority in the administration or enforcement of this chapter;

(4) cooperate with public or private agencies in the performance of the department's functions or duties and in furtherance of the purposes of this chapter;

(5) represent the state in any and all matters pertaining to plans, procedures, or negotiations for interstate compacts relating to weather modification and control;

(6) enter into cooperative agreements with the United States government or any of its agencies, with the various counties and cities of this state, or with any private or public agencies for conducting weather modification or cloud seeding operations;

(7) act for and represent the state and the counties, cities, and private or public agencies in contracting with private concerns for the performance of weather modifications or cloud seeding operations; and

(8) conduct and make arrangements, including contracts and agreements, for the conduct of research and development activities relating to:

(a) the identification and evaluation of meteorological, environmental, ecological, agricultural, economic, hydrological, and sociological impacts of weather modification in Montana;

(b) the theory and development of methods of weather modification and control, including processes, materials, and devices relating thereto;

(c) the utilization of weather modification and control for agricultural, industrial, commercial, recreational, and other purposes;

(d) the protection of life and property during research and operational activities.
Mont. Code Ann. § 85-7-2046 — MT Code / Title 85 / Chapter 7 / Part 20 / Section 85-7-2046
85-7-2046 Hearing on protest
Status: in_force

85-7-2046 . Hearing on protest. (1) At the next regular meeting of a board of commissioners after the 30-day protest period described in 85-7-2045 , the board shall hear and rule on all protests made. Decisions of the board are final and conclusive. The board may recess this hearing from time to time.

(2) In determining whether or not sufficient protests have been made to prevent further proceedings pursuant to 85-7-2047 , irrigable acres owned by the irrigation district or other state or local government bodies must be considered the same as other irrigable acres in the irrigation district or subdistrict.
Mont. Code Ann. § 85-1-101 — MT Code / Title 85 / Chapter 1 / Part 1 / Section 85-1-101
85-1-101 Policy considerations
Status: in_force

85-1-101 . Policy considerations. It is hereby declared as follows:

(1) The general welfare of the people of Montana, in view of the state's population growth and expanding economy, requires that water resources of the state be put to optimum beneficial use and not wasted.

(2) The public policy of the state is to promote the conservation, development, and beneficial use of the state's water resources to secure maximum economic and social prosperity for its citizens.

(3) The state, in the exercise of its sovereign power, acting through the department of natural resources and conservation, shall coordinate the development and use of the water resources of the state so as to effect full utilization, conservation, and protection of its water resources.

(4) The development and utilization of water resources and the efficient, economic distribution thereof are vital to the people in order to protect existing uses and to assure adequate future supplies for domestic, industrial, agricultural, and other beneficial uses.

(5) The water resources of the state must be protected and conserved to assure adequate supplies for public recreational purposes and for the conservation of wildlife and aquatic life.

(6) The public interest requires the construction, operation, and maintenance of a system of works for the conservation, development, storage, distribution, and utilization of water, which construction, operation, and maintenance is a single object and is in all respects for the welfare and benefit of the people of the state.

(7) It is necessary to coordinate local, state, and federal water resource development and utilization plans and projects through a single agency of state government, the department of natural resources and conservation.

(8) The greatest economic benefit to the people of Montana can be secured only by the sound coordination of development and utilization of water resources with the development and utilization of all other resources of the state.

(9) Any attempt to gain control of or speculate on large quantities of ground water of the state of Montana is not in the interest of the people and is to be restricted.

(10) To achieve these objectives and to protect the waters of Montana from diversion to other areas of the nation, it is essential that a comprehensive, coordinated multiple-use water resource plan be progressively formulated, to be known as the "state water plan".
Mont. Code Ann. § 85-20-105 — MT Code / Title 85 / Chapter 20 / Part 1 / Section 85-20-105
85-20-105 Duty to install measuring devices
Status: in_force

85-20-105 . Duty to install measuring devices. A person claiming an appropriative right to use any waters of any interstate tributary of the Yellowstone River that was acquired after January 1, 1950, shall, after February 25, 1953, and before the person diverts any water, install in the person's ditch or other means of diversion a weir or other measuring device so that all of the water to be diverted by the person can be accurately measured. The installation of a weir or other measuring device is subject to the approval of the department, and if in its judgment the weir or other measuring device or the installation of the weir or device is defective so that the water cannot be accurately measured, it may order the installation of an accurate measuring device. The claimant may not divert any water until the claimant complies with the order.
Mont. Code Ann. § 85-8-352 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-352
85-8-352 Contribution among petitioners
Status: in_force

85-8-352 . Contribution among petitioners. All petitioners shall, among themselves, contribute to the payment of said judgment in proportion to the number of acres of land they have within the boundaries of the proposed district at the time of filing of said petition.
Mont. Code Ann. § 85-7-1842 — MT Code / Title 85 / Chapter 7 / Part 18 / Section 85-7-1842
85-7-1842 Petition for fixing of taxable area
Status: in_force

85-7-1842 . Petition for fixing of taxable area. The owner or holder of title or evidence of title, as defined by the irrigation district acts, may file in the district court of the county wherein said lands are situated a petition praying that the acreage of the lands set forth and described in such petition may be permanently fixed and adjudicated, which petition shall set forth:

(1) the name or names of the owner or owners, holder of title or evidence of title thereto, who shall be the party or parties plaintiff therein;

(2) the names and kind and character of interest of every person owning, holding, or claiming any right, title, or interest in or to the lands described in said petition, who shall, where they do not appear as parties plaintiff under subsection (1), sit as parties defendant;

(3) the name of the district in which said lands are included, together with the name of the board of commissioners thereof and the secretary thereof, and said district, its commissioners and secretary shall be made parties defendant therein;

(4) a statement of the substance of all proceedings, orders, and decrees creating said districts and fixing the acreage of the lands therein described, together with any proceedings of the board of commissioners of said district or its officers relating to the acreage thereof, to such extent as to fully inform the court of the manner and extent to which said lands have been included and taxed or assessed in said district;

(5) the actual acreage of the lands described as irrigable from the reclamation system of said district;

(6) the excess of acreage complained of;

(7) the amount of taxes previously paid on such excess acreage;

(8) a general statement of the exact nature of the relief sought and the grounds therefor.
Mont. Code Ann. § 85-9-601 — MT Code / Title 85 / Chapter 9 / Part 6 / Section 85-9-601
85-9-601 Assessments
Status: in_force

85-9-601 . Assessments. (1) To the extent that anticipated revenues from rates, fees, and other charges fixed pursuant to 85-9-407 (1) will not be sufficient to meet the district's anticipated obligations for annual operation, maintenance, and replacement or depreciation of works or for payment of the interest and principal on bonded indebtedness, the directors may make an assessment of not more than 2 mills on all taxable real property in the district for the purpose of fully meeting such obligations.

(2) In addition to the assessment authorized by subsection (1), the directors may annually make an assessment of up to 3 mills on the taxable real property in the district to pay interest and principal on bonded indebtedness.

(3) The assessments are a lien upon each lot or parcel of land within the district to the extent of the assessment on each.

(4) All assessments have the same force and effect as other liens for taxes, and their collection shall be enforced in the way provided for enforcement of liens for county taxes. Assessments, if not paid, become delinquent at the same time as county taxes.

(5) Except as provided in 85-9-624 , approval of the electors is not required for the making of these assessments.
Mont. Code Ann. § 85-9-421 — MT Code / Title 85 / Chapter 9 / Part 4 / Section 85-9-421
85-9-421 Persons entitled to vote
Status: in_force

85-9-421 . Persons entitled to vote. (1) Only persons who are taxpayers upon and owners of real property located within the district and whose names appear upon the last-completed assessment roll of some county within the district for state, county, and school district taxes are electors and are entitled to vote in elections, provided that:

(a) an elector need not reside within the district in order to vote;

(b) when a corporation owns taxable real property within the boundaries of the conservancy district, the authorized agent of the corporation is entitled to cast a vote on behalf of the corporation;

(c) when land is under contract of sale to a purchaser and the contract is recorded, only the purchaser has the right to vote;

(d) guardians, executors, administrators, and trustees of real property within the district are entitled to cast the vote for the owner of the land.

(2) When voting, an agent of a corporation or of co-owners or a guardian, executor, administrator, trustee, or purchaser under contract of sale may be required to show the person's authority by the judges of the election.
Mont. Code Ann. § 85-9-408 — MT Code / Title 85 / Chapter 9 / Part 4 / Section 85-9-408
85-9-408 Contracts and agreements by directors
Status: in_force

85-9-408 . Contracts and agreements by directors. On behalf of the district, the directors may:

(1) contract for service, for water furnished, or for the sale of water with any person;

(2) cooperate with; accept grants, loans, and other assistance from; act as agent for; and enter into agreements with any and all state or federal agencies and exercise all necessary or convenient powers in connection therewith;

(3) enter into any obligation or contract with an agency of the federal government for the construction, operation, and maintenance of works or for the assumption as principal or guarantor of indebtedness to the United States on account of district lands under the provisions of the federal reclamation act and rules established under that act or contract with an agency of the federal government for a water supply under any federal act providing for or permitting such a contract. However, the action must be approved by a majority of the electors voting at an election conducted in accordance with Title 13, chapter 1, part 5. If a contract is made with an agency of the federal government, the directors may deposit bonds of the district with the United States at 90% of their par value to secure the amount to be paid by the district to the United States under any contract. The interest on the bonds of the district to be applied as specified by the contract. If bonds of the district are deposited with the United States, it is the duty of the directors to make an assessment sufficient to meet all payments accruing under the terms of any contract with the United States.

(4) accept appointment of the district as fiscal agent for the United States or authorization of the district to make collections of moneys for or on behalf of the United States in connection with any federal reclamation projects, and the district is authorized to act and to assume the duties and liabilities incident to this action. However, the action must be approved by a majority of the electors voting at an election conducted in accordance with Title 13, chapter 1, part 5. The directors may do all things required by federal statutes and rules and require prompt payment of all charges as a prerequisite to water service.

(5) make contracts incidental to the performance of the district's functions and employ and fix the compensation of employees, agents, or consultants as are deemed necessary, including but not limited to a manager, attorneys, accountants, engineers, construction and financial experts; or

(6) cooperate with soil and water conservation districts to obtain agreements to carry out soil conservation measures and proper farm plans from owners of lands situated in the drainage area above each retention reservoir to be installed with federal assistance.
Mont. Code Ann. § 85-20-1005 — MT Code / Title 85 / Chapter 20 / Part 10 / Section 85-20-1005
85-20-1005 Watershed improvement trusts
Status: in_force

85-20-1005 . Watershed improvement trusts. (1) A permanent fund account, called the state Milk River watershed improvement trust, is established, as provided for in 17-2-102 , for deposit of funds appropriated pursuant to the compact for a permanent trust. Interest income may be used by the Milk River coordinating committee established pursuant to the compact for the purpose of allocating grants and loans.

(2) A permanent fund account, called the federal Milk River watershed improvement trust, is established, as provided for in 17-2-102 , for receipt of federal funds appropriated for a permanent trust. Interest income may be used by the Milk River coordinating committee established pursuant to the compact for the purpose of allocating grants and loans.

(3) The state and federal Milk River watershed improvement trusts must be collectively referred to as the Milk River watershed improvement trusts.
Mont. Code Ann. § 85-9-406 — MT Code / Title 85 / Chapter 9 / Part 4 / Section 85-9-406
85-9-406 Directors' powers over finance
Status: in_force

85-9-406 . Directors' powers over finance. On behalf of the district, the directors may:

(1) borrow money and incur indebtedness and issue bonds to finance works as provided by this chapter;

(2) in addition to all voted indebtedness, borrow money as necessary, but the amount may not at any one time exceed 0.23% of the total assessed value of taxable real property, determined as provided in 15-8-111 , within the district, as ascertained by the last assessment for state and county taxes prior to the issuance of the bonds;

(3) mortgage property owned by the district if the terms of the mortgage are not inconsistent with the provisions of a resolution authorizing the sale of bonds;

(4) use any surplus funds to purchase outstanding bonds;

(5) refund bonded indebtedness incurred by the district as provided by this chapter;

(6) after a hearing held in accordance with 85-9-602 , make assessments sufficient to meet the budgetary requirements for the coming year.
Mont. Code Ann. § 85-1-201 — MT Code / Title 85 / Chapter 1 / Part 2 / Section 85-1-201
85-1-201 Rules
Status: in_force

85-1-201 . Rules. The department may adopt from time to time, as necessary or expedient, suitable rules for the administration of this chapter.
Mont. Code Ann. § 85-7-1438 — MT Code / Title 85 / Chapter 7 / Part 14 / Section 85-7-1438
85-7-1438 Interim receipts or certificates
Status: in_force

85-7-1438 . Interim receipts or certificates. Pending the preparation of the definitive bonds, interim receipts or certificates, in a form and with provisions determined by the governing body, may be issued to the purchaser or purchasers of bonds sold pursuant to this part. The bonds and interim receipts or certificates are fully negotiable, as provided by Title 30, chapter 8.
Mont. Code Ann. § 85-6-102 — MT Code / Title 85 / Chapter 6 / Part 1 / Section 85-6-102
85-6-102 Assessments to be equitable
Status: in_force

85-6-102 . Assessments to be equitable. All assessments authorized hereunder shall be equitable and be based upon benefits received or available.
Mont. Code Ann. § 85-8-624 — MT Code / Title 85 / Chapter 8 / Part 6 / Section 85-8-624
85-8-624 Assessments on improvements -- taxpayers' approval, limitations, and election procedures
Status: in_force

85-8-624 . Assessments on improvements -- taxpayers' approval, limitations, and election procedures. (1) A vote of the persons on the assessment rolls in any existing district is required to make Chapter 409, Laws of 1973, applicable to a district.

(2) Chapter 409, Laws of 1973, does not confer on districts created for drainage purposes only the authority to levy assessments on benefits to improvements.

(3) The election provided for by subsection (1) must be governed by the following rules:

(a) Notice of the election must be as provided in 13-1-108 .

(b) The election must be conducted in accordance with Title 13, chapter 1, part 5, except that voter registration may not be required.

(c) The qualifications of electors must be as provided in 85-8-305 , except that, in addition to persons holding title or evidence of title to lands within the district, any person, as provided in 85-8-305 , who does not own land within the district but has been assessed or will have the person's improvements assessed under Chapter 409, Laws of 1973, or who will be assessed for benefits received is entitled to one vote. Commissioners shall prepare a list of persons entitled to vote, and the election administrator shall give them notice as provided in 13-1-108 .

(d) The commissioners of any district in existence prior to March 21, 1973, who wish to hold an election to determine if the district is governed by Chapter 409, Laws of 1973, shall at any regular or special meeting adopt a resolution calling for an election to determine whether or not the voters of the district wish to be governed by Chapter 409, Laws of 1973. The resolution must contain a short summary of the changes made by Chapter 409, Laws of 1973, and the summary must be included in the notice provided for by 13-1-108 . In addition, the commission shall provide copies of Chapter 409, Laws of 1973, to any person interested in obtaining a copy, and the notice to the persons in the district calling the election must describe where and how copies may be obtained. The commissioners may authorize a reasonable charge for providing copies, not to exceed 20 cents a page.

(e) The ballot must include the summary as provided for in subsection (3)(d), and the form of the ballot must conform as closely as possible to that provided for in Title 13, chapter 27.

(f) A simple majority of those who cast valid ballots determines the outcome of the election.
Mont. Code Ann. § 85-3-214 — MT Code / Title 85 / Chapter 3 / Part 2 / Section 85-3-214
85-3-214 Termination of licenses and permits
Status: in_force

85-3-214 . Termination of licenses and permits. After notice to the licensee and a reasonable opportunity for a hearing, the department may modify, suspend, revoke, or refuse to renew any license or permit issued if it appears that the licensee no longer possesses the qualifications necessary, if it appears that the licensee has violated any of the provisions of this chapter, or, in the case of a modification, if it appears that it is necessary for the protection of the health or the property of any person.
Mont. Code Ann. § 85-7-1503 — MT Code / Title 85 / Chapter 7 / Part 15 / Section 85-7-1503
85-7-1503 Board meetings
Status: in_force

85-7-1503 . Board meetings. (1) All meetings of the board of commissioners shall be public and a complete record of all proceedings shall be kept by the secretary.

(2) Regular meetings of the board shall be held at such times as the board may by rule or bylaw prescribe. Special meetings may be called on 24 hours' notice by the president or any two members of the board or in such other manner and upon such other notice as the board may by rule or bylaw prescribe. All meetings of the board may be adjourned as the board shall order or direct. A majority of the commissioners shall constitute a quorum.
Mont. Code Ann. § 85-2-320 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-320
85-2-320 Change in appropriation right authorization for instream flow -- United States department of agriculture, forest service
Status: in_force

85-2-320 . Change in appropriation right authorization for instream flow -- United States department of agriculture, forest service. (1) (a) The department shall accept and process an application by the United States department of agriculture, forest service for a change in appropriation right under the provisions of 85-2-402 and this section to protect, maintain, or enhance streamflows to benefit the fishery or other resources on national forest system lands.

(b) To change an appropriation right, the United States department of agriculture, forest service must own the appropriation right that it seeks to change to an instream flow right, the diversion or withdrawal that is to be changed to instream flow must be located within or immediately adjacent to the exterior boundaries of national forest system lands on the date provided in 85-20-1401 , Article IV.B.2., and the stream reach in which the streamflow is to be protected, maintained, or enhanced must be located within or immediately adjacent to the exterior boundaries of national forest system lands as of the date provided in 85-20-1401 , Article IV.B.2. The application for a change in appropriation right must:

(i) include specific information on the length and location of the stream reach in which the streamflow is to be protected, maintained, or enhanced; and

(ii) provide a detailed streamflow measuring plan that describes the point where and the manner in which the streamflow must be measured.

(2) In addition to the requirements of 85-2-402 , when applying for a change in appropriation right pursuant to this section, the United States department of agriculture, forest service, shall prove by a preponderance of the evidence that:

(a) the change in appropriation right authorization to protect, maintain, or enhance streamflows to benefit the fishery or other resources, as measured at a specific point, will not adversely affect the water rights of other persons, except for a water right identified in a written consent to approval filed pursuant to 85-2-402 in connection with the change in appropriation right; and

(b) the amount of water for the proposed instream flow use is needed to protect, maintain, or enhance streamflows to benefit the fishery or other resources.

(3) The proposed method of measurement of the water to protect, maintain, or enhance streamflows to benefit the fishery or other resources must be approved by the department before a change in appropriation right may be approved.

(4) The department is not responsible for costs associated with installing devices or providing personnel to measure streamflows according to the measurement plan submitted under this section.

(5) If an appropriation right is changed pursuant to this section, the priority of the appropriation right remains the same as the appropriation right that was changed.

(6) A change in appropriation right authorization under this section does not create a right of access across private property or allow any infringement of private property rights.

(7) The maximum quantity of water that may be subject to a change in appropriation right authorization to protect, maintain, or enhance streamflows to benefit the fishery or other resources is the amount historically diverted. However, only the amount historically consumed or a smaller amount if specified by the department in the change in appropriation right authorization may be used to protect, maintain, or enhance streamflows to benefit the fishery or other resources below the existing point of diversion.

(8) The department may modify or revoke the change in appropriation right up to 10 years after it is approved if an appropriator with a priority of appropriation that is earlier than the change in appropriation right that was granted submits new evidence that was not available at the time the change in appropriation right was approved that proves by a preponderance of evidence that the appropriator's water right is adversely affected, unless the prior appropriator has filed a written consent to approval pursuant to 85-2-402 in connection with the change.
Mont. Code Ann. § 85-2-156 — MT Code / Title 85 / Chapter 2 / Part 1 / Section 85-2-156
85-2-156 Policy considerations
Status: in_force

85-2-156 . Policy considerations. (1) Article IX, section 3(3), of the Montana constitution declares that all surface, underground, flood, and atmospheric waters within the boundaries of the state are the property of the state for the use of its people and are subject to appropriation for beneficial uses as provided by law.

(2) The legal appropriation of water requires that the water be legally and physically available for appropriation.

(3) The measurement and monitoring of streamflow supports the state's ability to determine when water is physically and legally available to meet new demands while protecting existing water rights.

(4) The effective management and distribution of water depends on an accurate, real-time measurement of streamflow.
Mont. Code Ann. § 85-8-347 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-347
85-8-347 Confirmation of report -- appeals
Status: in_force

85-8-347 . Confirmation of report -- appeals. If there be no remonstrance or if the finding be in favor of the validity of the proceedings or after the report shall have been modified to conform to the findings, the court shall confirm the report. The order of confirmation shall be final and conclusive, the proposed work shall be established and authorized, and the proposed assessments approved and confirmed unless within 30 days an appeal be taken to the supreme court. The said order of confirmation shall also fix the commissioners' bond.
Mont. Code Ann. § 85-15-216 — MT Code / Title 85 / Chapter 15 / Part 2 / Section 85-15-216
85-15-216 High-hazard dam permit cancellation
Status: in_force

85-15-216 . High-hazard dam permit cancellation. Failure to comply with the provisions of 85-15-209 through 85-15-212 or 85-15-214 subjects the permit to cancellation at any time during the progress of construction or the operation of the high-hazard dam. The department is authorized to cancel any permit if the provisions of 85-15-209 through 85-15-212 or 85-15-214 have not been or are not being complied with, and the cancellation operates as a forfeiture of all rights acquired under and by virtue of any permit approved by the department.
Mont. Code Ann. § 85-8-101 — MT Code / Title 85 / Chapter 8 / Part 1 / Section 85-8-101
85-8-101 Petition for creation of district
Status: in_force

85-8-101 . Petition for creation of district. (1) Whenever a majority of the owners of lands within any district of land who shall represent one-third in area of the land within said district to be reclaimed or benefited or whenever the owners of more than one-half of the lands within such district desire to construct one or more drains, ditches, levees, waste ditches, or other works across the lands of others or to straighten, widen, deepen, or otherwise alter any natural stream or watercourse not navigable, for the promotion of the public health or welfare and the drainage of the lands and removal of surface waters therefrom; or desire to maintain and keep in repair any such drain, ditch, or levee heretofore constructed under any law of this state, such owners may file, in the district court of any county in which the lands or any part of them shall lie, a petition setting forth:

(a) the proposed name of the drainage district;

(b) the necessity of the proposed work;

(c) a general description of the proposed starting points, routes, and termini of the proposed drain, ditches, and levees;

(d) a general description of the lands proposed to be included in the district;

(e) the names of the owners of all lands in the district, when known.

(2) If the purpose of the petitioners is the enlargement, repair, and maintenance of a ditch, levee, or other work heretofore constructed under any law of this state, the petition shall give a general description of the same, with such particulars as are considered important. The petition shall pray for the organization of a drainage district by the name and with the boundaries proposed and for the appointment of commissioners for the execution of such proposed work, according to the provisions of this and the following sections.

(3) (a) Any lands, the title to which is in the state and which are within the boundaries of any drainage district heretofore created or which may be hereafter created, may be included in any such drainage district in the same manner as is by law provided for adding other lands to drainage districts whenever it is found necessary to include lands in drainage districts as provided by the preceding subsections.

(b) All copies of petitions or notices required by law to be served on account of such lands being included in such drainage districts shall be served on the president of the board having control of such lands in the same manner as is hereinafter provided for the service of petitions and notices on other owners of lands in the district in which said lands are situated.
Mont. Code Ann. § 85-8-322 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-322
85-8-322 Adoption of feasible plan
Status: in_force

85-8-322 . Adoption of feasible plan. If said proposed work, as described in the petition, is not best suited to carry out the purposes of the petition, the commissioners shall consider and base their report upon the one best suited to carry out those purposes and propose to the court the one considered by them.
Mont. Code Ann. § 85-1-905 — MT Code / Title 85 / Chapter 1 / Part 9 / Section 85-1-905
85-1-905 Commission authority
Status: in_force

85-1-905 . (Temporary) Commission authority. (1) The commission may request the governor petition a state natural resource agency or that agency's rulemaking body to promulgate, amend, or repeal a rule addressing natural resource issues identified by the commission.

(2) The commission may petition a county, conservation district, or tribal council to promulgate, amend, or repeal local ordinances to resolve natural resource issues identified by the commission.

(3) The commission shall participate with the department in preparation of a state budget pursuant to Title 17, chapter 7, part 1, in order to identify disbursements necessary to complete the commission's purpose and duties.

(4) Subject to appropriation by the legislature, the commission may receive and expend disbursements, donations, gifts, grants, and other funds necessary to fulfill its purpose and duties. (Terminates June 30, 2029--sec. 12, Ch. 428, L. 2023.)
Mont. Code Ann. § 85-9-206 — MT Code / Title 85 / Chapter 9 / Part 2 / Section 85-9-206
85-9-206 Court hearing on petition -- election -- limits on court jurisdiction
Status: in_force

85-9-206 . Court hearing on petition -- election -- limits on court jurisdiction. (1) On receipt of a petition for organizing a district, the court shall give notice and hold a hearing on the petition. If the court finds that the petition should be granted, it shall:

(a) make and file findings of fact specifying those lands that will be directly or indirectly benefited by the proposed district and exclude those lands that will not be benefited;

(b) make an order fixing the time and place of an organizing election;

(c) order the election administrator to conduct the election in accordance with Title 13, chapter 1, part 5; and

(d) order and decree the district organized if the requisite number of eligible electors votes in favor of organization.

(2) In order for the district to be organized, 51% or more of the eligible electors must vote in the election, and a majority of those voting must vote in favor of organization.

(3) This chapter does not confer on the court jurisdiction to hear, adjudicate, and settle questions concerning the priority of appropriation of water between districts and other persons. Jurisdiction to hear and determine priority of appropriation and questions of right growing out of or in any way connected with a priority of appropriation is expressly excluded from this chapter and must be determined as otherwise provided by the laws of Montana.
Mont. Code Ann. § 85-7-1822 — MT Code / Title 85 / Chapter 7 / Part 18 / Section 85-7-1822
85-7-1822 Petition to exclude lands
Status: in_force

85-7-1822 . Petition to exclude lands. (1) Whenever lands have been included within the boundaries of any irrigation district of the character designated in 85-7-1821 which from their location or conformation cannot be successfully irrigated by the irrigation works or system constructed for that purpose or when the cost of irrigating the same has or will become burdensome upon the landowners of the district, the owners of said lands, with the consent of the board of commissioners of said district and the secretary of interior of the United States or such other federal authority, instrumentality, or agency as may be appropriate, may petition the district court of the county in which such lands are situated for an order or decree changing the boundaries of the district by the elimination therefrom of such lands. The petition for this purpose must be signed by the owners of the land sought to be excluded and accompanied with the written consent of the board of commissioners of the district and the secretary of the interior of the United States or such other federal authority, instrumentality, or agency as may be appropriate. Such petition shall set forth:

(a) the name of the district;

(b) a particular description of the land sought to be excluded or eliminated from the district;

(c) the names of the holders of title to the lands sought to be excluded;

(d) a brief description of the character of works, water rights, canals, or works owned and acquired by the district;

(e) a statement of the reasons why the lands sought to be excluded should be eliminated from the district;

(f) a prayer for the exclusion of the lands sought to be eliminated therefrom.

(2) The petition shall be accompanied with a map or plat of the district, showing thereon the lands sought to be eliminated therefrom, and a good and sufficient bond or undertaking to be approved by the district court or judge thereof of the county in which the petition is required to be filed under the provisions hereof, to pay all costs in and about the proceedings and hearing thereof in the event that said petition is denied.
Mont. Code Ann. § 85-6-107 — MT Code / Title 85 / Chapter 6 / Part 1 / Section 85-6-107
85-6-107 Liability of associations
Status: in_force

85-6-107 . Liability of associations. An incorporated water users' association that is sustaining and responsible for the operations of a works is solely liable for any court action which may be brought against it for any injury or damages occurring on the works caused by a failure to maintain safe working and operating conditions. The state of Montana is not liable for injury to a person or property that occurs on a works as a result of a failure by a water users' association to maintain the works in a safe working and operating condition.
Mont. Code Ann. § 85-1-209 — MT Code / Title 85 / Chapter 1 / Part 2 / Section 85-1-209
85-1-209 Acquisition of property by department
Status: in_force

85-1-209 . Acquisition of property by department. (1) The department may acquire by purchase or exchange, upon terms and conditions and in a manner it considers proper, and may acquire by condemnation, in accordance with Title 70, chapter 30, any land, rights, water rights, easements, franchises, and other property considered necessary for the construction, operation, and maintenance of works. Title to property purchased or condemned must be taken in the name of the department. The department is under no obligation to accept and pay for any property condemned under this chapter except from the funds provided by this chapter. In any proceedings to condemn, orders may be made by the court that has jurisdiction of the suit, action, or proceeding that may be warranted by law and the facts.

(2) In a condemnation proceeding brought under Title 70, chapter 30, for the purpose of carrying out this chapter, all persons interested in the title of or holding liens upon the property sought to be taken, as disclosed by the public records, must be made parties and the court in the action shall partition and distribute the damages awarded, if any, among those persons. If there is controversy between the condemnees, the court may direct the amount of the damage awarded to be paid into court to be allocated in further appropriate proceedings either at law or in equity.

(3) Taking possession of the property sought to be condemned may not be delayed by reason of any dispute between the rival claimants or the failure to join any of them as a party to the condemnation proceedings.

(4) If water rights are acquired or exercised by the department in connection with two or more works or projects, the department by order shall apportion or allocate to each of the works or projects the part of the water rights that the department determines is necessary. Upon the adoption of the order, the water rights are considered a part of each of the works or projects to the extent that the water rights have been apportioned or allocated to the works or projects.
Mont. Code Ann. § 85-1-622 — MT Code / Title 85 / Chapter 1 / Part 6 / Section 85-1-622
85-1-622 Penalty
Status: in_force

85-1-622 . Penalty. A member, officer, attorney, or other employee of the board or the department may not, directly or indirectly, be the beneficiary of or receive any fee, commission, gift, or other consideration for or in connection with any transaction or business under this part other than the salary, fee, or other compensation that the person may receive as a member, officer, attorney, or employee. A person convicted of violating any provision of this section shall be punished by a fine not to exceed $2,000 or be imprisoned for not to exceed 2 years, or both.
Mont. Code Ann. § 85-9-621 — MT Code / Title 85 / Chapter 9 / Part 6 / Section 85-9-621
85-9-621 Issuance of bonds -- term and multipurpose bonds
Status: in_force

85-9-621 . Issuance of bonds -- term and multipurpose bonds. A district may issue bonds payable from revenues, assessments, or both, or the district may use other financing as provided by this chapter for the cost of works. Bonds issued shall be for a maximum term of not to exceed 40 years. Bonds for more than one purpose may be sold as a single issue.
Mont. Code Ann. § 85-7-1712 — MT Code / Title 85 / Chapter 7 / Part 17 / Section 85-7-1712
85-7-1712 Call for election
Status: in_force

85-7-1712 . Call for election. The board of commissioners may at any time call an election and submit to the qualified electors of the district any question which under the provisions of this chapter is required or which, in the judgment of the board, is proper to be submitted to popular vote. The election must be called by resolution and conducted in accordance with Title 13, chapter 1, part 5.
Mont. Code Ann. § 85-8-201 — MT Code / Title 85 / Chapter 8 / Part 2 / Section 85-8-201
85-8-201 Dissolution of districts
Status: in_force

85-8-201 . Dissolution of districts. Whenever the owners of more than one-half of the lands within any drainage district organized under the provisions of this chapter shall present to the district court having jurisdiction of the drainage district a petition signed by them, praying that such drainage district be dissolved, the judge of the court shall cause notice of such petition, together with a copy of the petition, to be served upon the commissioners of the district, directing them to show cause on a day certain, not less than 15 or more than 30 days from the date of the filing of the petition, why the petition should not be granted. The judge, at the time of receiving the petition, shall make an order forbidding the commissioners from incurring any further expense or proceeding with the work of constructing a drain. On the day of hearing the court shall hear the same, and if it appears that the owners of more than one-half of the lands in the drainage district have signed the petition, it shall be granted. Thereupon, the court shall make an order directing the commissioners to file a written report, under oath, setting forth the amount of the debts and obligations of the drainage district. Within 30 days after such report is filed, the court shall cause an assessment to be levied against all lands in the district on the basis of the final report of the commissioners, as confirmed by the court, and if no final report has been made, then on an area basis. The court shall also enter judgment dissolving the district and authorize the commissioners to settle the business of the district on the basis of the final report of the commissioners or on the area basis as confirmed by this court, the commissioners to render their services for same without pay.
Mont. Code Ann. § 85-7-1832 — MT Code / Title 85 / Chapter 7 / Part 18 / Section 85-7-1832
85-7-1832 Petition for withdrawal of lands
Status: in_force

85-7-1832 . Petition for withdrawal of lands. The petition for this purpose must be signed by at least 75%, both in number and in acreage, of the holders of title or evidence of title (evidence as provided in 85-7-101 and 85-7-102 ) of the lands proposed to be eliminated from one district and incorporated in another existing district or in a new and separate district. Such petition must also bear the signature of the secretary of the interior of the United States, approving such proposed changes in district organization. Construction costs and other obligations due or to become due to the United States on account of the lands so separated and the participation of the owners thereof in contracts in effect between the original district and the United States or between the district to be extended by the addition of said lands and the United States shall be fixed and determined by said secretary of the interior.
Mont. Code Ann. § 85-8-118 — MT Code / Title 85 / Chapter 8 / Part 1 / Section 85-8-118
85-8-118 Determination of sufficiency of petition
Status: in_force

85-8-118 . Determination of sufficiency of petition. The court shall hear and determine whether or not the petition contains the signatures of a majority of the owners of lands within the proposed district who are of lawful age and who represent one-third in area of the lands proposed to be affected by said work or the signatures of the owners of more than one-half of such lands and shall determine all questions of law arising on said contest. The district court in which such petition shall be filed or the judge thereof may adjourn the hearing on the petition from time to time for want of sufficient notice, to give time to prepare for trial, or for other good cause.
Mont. Code Ann. § 85-7-1953 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1953
85-7-1953 Amount owed United States -- lien and special tax
Status: in_force

85-7-1953 . Amount owed United States -- lien and special tax. All amounts to be paid to the United States under any contract made pursuant to this part between the district and the United States are a general obligation of the district, and the amounts to be paid to the United States are a lien upon the irrigation system of the district. All lands within the district or added to the district must be subject to a special tax or assessment authorized under 85-7-2104 for the payment of all amounts to be paid to the United States under the contract between the district and the United States. The special tax or assessment constitutes a first and prior lien on the land against which the tax or assessment is levied to the same extent and with like force and effect as taxes levied for state and county purposes.
Mont. Code Ann. § 85-1-904 — MT Code / Title 85 / Chapter 1 / Part 9 / Section 85-1-904
85-1-904 Duties of the commission
Status: in_force

85-1-904 . (Temporary) Duties of the commission. Duties of the commission are to:

(1) monitor the existing condition of natural resources in western Montana and coordinate development of a 5-year monitoring strategy. This strategy must be developed with input from all land and water management agencies within western Montana and identify proposed and needed monitoring that emphasizes but is not limited to the aquatic resources of western Montana.

(2) support, promote, and ensure the continuation of a comprehensive aquatic invasive species prevention program in western Montana to assure it is implemented effectively and efficiently to protect aquatic resources, local economies, and native species;

(3) encourage close cooperation and coordination between federal, state, provincial, tribal, and local resource managers for the establishment of consistent natural resource conservation practices, comprehensive monitoring, data collection, and interpretation;

(4) encourage and work for international coordination between the state of Montana and the province of British Columbia concerning the undertaking of natural resource monitoring and use of consistent standards for management of natural resources throughout the region that may have influences on aquatic resources within western Montana;

(5) provide focused support and programming to the aquatic and natural resources of the Flathead River basin given its economic, cultural, and natural resource importance to the state of Montana;

(6) support economic development and use of western Montana's resources to their fullest extent without compromising the aquatic resources of western Montana;

(7) undertake, with the commission's discretion, investigations of resource utilization and hold public hearings concerning the condition of aquatic resources and other natural resources in western Montana;

(8) use the result of the duties performed pursuant to subsections (1) through (7) to create public-private partnerships that:

(a) result in projects to reduce point source water pollution and nonpoint source water pollutions, as those terms are defined in 75-5-103 ;

(b) prevent the spread of invasive species; and

(c) maintain, enhance, restore, expand, or benefit the aquatic resources of western Montana;

(9) implement in collaboration with the department policies pursuant to 85-1-101 , through the administration of portions of the renewable resource grant and loan program under 85-1-601 , within western Montana;

(10) implement in collaboration with the department the portion of state policy expressed in the reclamation and development grants program act under 90-2-1102 through administration of grants and loans within western Montana;

(11) submit to the governor, the environmental quality council, and the water policy interim committee, in accordance with 5-11-210 , a biennial report that includes:

(a) a summary of information gathered in fulfillment of its duties under this section;

(b) information on monitoring activities within western Montana concerning the condition of the region's natural resources with particular emphasis on aquatic resources;

(c) the identification of land use, land development, and economic trends in western Montana;

(d) recommendations the commission considers appropriate for fulfillment of its duties and for the continued preservation of aquatic resources in western Montana; and

(e) an accounting of all money received and disbursed, by source and purpose, for the period since the last biennial report; and

(12) meet at least semiannually within western Montana at locations selected by the commission. (Terminates June 30, 2029--sec. 12, Ch. 428, L. 2023.)
Mont. Code Ann. § 85-2-112 — MT Code / Title 85 / Chapter 2 / Part 1 / Section 85-2-112
85-2-112 Department duties
Status: in_force

85-2-112 . Department duties. The department shall:

(1) enforce and administer this chapter and rules adopted under 85-2-113 , subject to the powers and duties of the supreme court under 3-7-204 ;

(2) prescribe procedures, forms, and requirements for applications, permits, certificates, claims of existing rights, and proceedings under this chapter and prescribe the information to be contained in any application, claim of existing right, or other document to be filed with the department under this chapter not inconsistent with the requirements of this chapter;

(3) establish and keep in its Helena office a centralized record system of all existing rights and a public record of permits, certificates, claims of existing rights, applications, and other documents filed in its office under this chapter;

(4) cooperate with, assist, advise, and coordinate plans and activities with the federal, state, and local agencies in matters relating to this chapter;

(5) upon request by any person, cooperate with, assist, and advise that person in matters pertaining to measuring water or filing claims of existing rights with a district court under this chapter;

(6) adopt rules necessary to reject, modify, or condition permit applications in highly appropriated basins or subbasins as provided in 85-2-319 .
Mont. Code Ann. § 85-2-236 — MT Code / Title 85 / Chapter 2 / Part 2 / Section 85-2-236
85-2-236 Certificate of water right
Status: in_force

85-2-236 . Certificate of water right. When a final decree is entered, the water judge shall send a copy to the department. Except as provided in 85-2-306 , the department shall on the basis of the final decree issue a certificate of water right to each person decreed an existing right. The original of the certificate shall be sent to the person to whom the right is decreed. The department shall keep a copy of the certificate in its office in Helena.
Mont. Code Ann. § 85-2-804 — MT Code / Title 85 / Chapter 2 / Part 8 / Section 85-2-804
85-2-804 Application -- notice -- objections -- hearing
Status: reserved

85-2-804 . Application -- notice -- objections -- hearing. (1) An appropriator proposing to divert from the basin water allocated to Montana under the terms of the compact or divert from the basin unallocated compact water within Montana shall file an application with the department. The application must state the name and address of the applicant and facts tending to show that:

(a) the diversion and ultimate use of the water in Montana is for a beneficial use of water;

(b) the diversion and ultimate use of water will not adversely affect the water rights of other persons;

(c) the proposed means of diversion, construction, and operation are adequate;

(d) the diversion and ultimate use will not interfere unreasonably with other planned uses or developments for which a water right has been established or a permit has been issued or for which water has been reserved;

(e) the diversion and ultimate use of the water will not exceed the allocated share under the compact of any of the signatory states;

(f) the diversion and ultimate use of the water are in the public interest of Montana; and

(g) the applicant intends to comply with the laws of the signatory states to the compact.

(2) An appropriator proposing to divert from the basin water allocated to North Dakota or Wyoming under the terms of the compact or divert from the basin unallocated compact water within North Dakota or Wyoming shall file an application with the department. The application must state the name and address of the applicant and facts tending to show that:

(a) the proposed means of diversion, construction, and operation are adequate;

(b) the diversion and ultimate use of the water will not exceed the allocated share under the compact of any of the signatory states; and

(c) the applicant intends to comply with the compact.

(3) Notice of the proposed diversion must be given by the department in the same manner as provided in 85-2-307 .

(4) An objection to an application must be filed by the date specified by the department in the notice.

(5) The objector to an application under subsection (1) shall state the objector's name and address and facts tending to show that:

(a) the diversion and ultimate use of the water in Montana are not for a beneficial use of water;

(b) the property, rights, or interests of the objector would be adversely affected by the proposed diversion or ultimate use of the water;

(c) the proposed means of diversion, construction, and operation are not adequate;

(d) the diversion and ultimate use will interfere unreasonably with the objector's planned uses or development for which the objector has a water right, a permit, or a reserved water right;

(e) the diversion and ultimate use of the water will exceed the allocated share under the compact of any signatory state; or

(f) the diversion and ultimate use of the water are not in the public interest of Montana.

(6) The objector to an application under subsection (2) shall state the objector's name and address and facts tending to show that:

(a) the property, rights, or interests of the objector would be adversely affected by the proposed diversion or ultimate use of the water;

(b) the proposed means of diversion, construction, and operation are not adequate; or

(c) the diversion and ultimate use of the water will exceed the allocated share under the compact of any signatory state.

(7) If the department receives an objection to an application, it shall hold a hearing on the application within 60 days from the date set by the department for filing objections. Service of notice of the hearing must be made by certified mail upon the applicant and the objector.

(8) The hearing must be conducted under the contested case procedures of the Montana Administrative Procedure Act in Title 2, chapter 4, part 6.
Mont. Code Ann. § 85-7-1825 — MT Code / Title 85 / Chapter 7 / Part 18 / Section 85-7-1825
85-7-1825 Court order and relief granted
Status: in_force

85-7-1825 . Court order and relief granted. (1) The court may grant such petition in whole or in part and may make an order making such changes in the boundaries of the district by the exclusion of such lands therefrom as the court may deem advisable or as fact, right, and justice may require. Upon making such order excluding any lands from the district the lands so excluded shall not be liable for further assessments by the district authorities for any purpose and shall be without right to claim any interest in the water rights, canals, or other property of the district.

(2) Such order shall be conclusive upon all owners of lands within the district and shall be final unless appealed from to the supreme court within 60 days from the entry of said order. For the purpose of such appeal, such order shall be regarded as a final judgment of said district court. A copy of said order duly certified by the clerk of court shall be filed for record within 30 days after such order is made and entered with the county clerk and recorder of the county wherein lands included within such district are situated.
Mont. Code Ann. § 85-7-1506 — MT Code / Title 85 / Chapter 7 / Part 15 / Section 85-7-1506
85-7-1506 Liability of officers
Status: in_force

85-7-1506 . Liability of officers. For a willful violation of an express duty under this part on the part of any officer named in this part, the officer is liable upon the officer's official bond and is subject to removal from office by proceedings brought by a tax or assessment payer of the district in the district court of the county in which the office of the board of commissioners of the district is located.
Mont. Code Ann. § 85-7-2165 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2165
85-7-2165 Partitioning interest in tax-deed lands in certain districts
Status: in_force

85-7-2165 . Partitioning interest in tax-deed lands in certain districts. (1) In any case where an irrigation district established under the law of this state has incurred a bonded indebtedness or other indebtedness but has not constructed or purchased any irrigation plant or system for the irrigation of land in the district and more than 10 years have expired since the date of the creation of the irrigation district, the board of commissioners of such irrigation district and also the board of county commissioners of the county in which the lands of the district or any part thereof are situated shall have power to enter into an agreement, on behalf of such irrigation district and such county, for the partitioning of the respective interests of the irrigation district and the county in lands to which the county has taken tax deed and to make all necessary conveyances and assignments to carry out such agreement in such manner that the respective interests of the county and the irrigation district shall be fully segregated and thereafter separately owned and controlled.

(2) The board of commissioners of such irrigation district shall have power to sell and convey such lands and interests so acquired by the irrigation district or any part thereof and any other property or assets which such irrigation district may hold, at either public or private sale, or transfer such lands or interests in lands or other assets to creditors of the district in payment of the indebtedness of such irrigation district, upon such terms as shall, in the judgment of the board of irrigation district commissioners, be deemed most advantageous to the irrigation district. The board of commissioners of such irrigation district and the board of county commissioners of the county in which the lands of such irrigation district or any part thereof are situated shall be and they are hereby authorized and empowered to do any and all things necessary to carry out the provisions and intentions of this section, the purpose of which is to enable such irrigation district to dispose of its assets in settlement of its liabilities and to be dissolved.
Mont. Code Ann. § 85-2-331 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-331
85-2-331 Reservations within Missouri River basin and Little Missouri River basin
Status: in_force

85-2-331 . Reservations within Missouri River basin and Little Missouri River basin. (1) Except as provided in 85-20-1401 , the state, an agency or political subdivision of the state, or the United States or an agency of the United States that desires to apply for a state water reservation in the Missouri River basin or in the Little Missouri River basin shall file an application pursuant to 85-2-316 no later than:

(a) July 1, 1989, for reservation of water above Fort Peck dam; or

(b) July 1, 1991, for reservation of water below Fort Peck dam and in the Little Missouri River basin.

(2) Subject to legislative appropriation, the department shall provide technical and financial assistance to other state agencies and political subdivisions in applying for state water reservations within the Missouri River basin and the Little Missouri River basin.

(3) Except as provided in 85-20-1401 and subsection (5), the department shall:

(a) make a final determination in accordance with 85-2-316 on all applications filed before July 1, 1989, for state water reservations in the Missouri River basin above Fort Peck dam.

(b) make a final determination in accordance with 85-2-316 on all applications filed before July 1, 1991, for state water reservations in the Missouri River basin below Fort Peck dam and in the Little Missouri River basin.

(c) determine which applications or portions of applications are considered to be above or below Fort Peck dam.

(4) Except as provided in 85-20-1401 , state water reservations approved by the department under this section have a priority date of July 1, 1985, in the Missouri River basin and a priority date of July 1, 1989, in the Little Missouri River basin. If the department issued a permit under Title 85, chapter 2, part 3, prior to the granting of a state water reservation under this section, the department may subordinate the state water reservation to the permit if it finds that the subordination does not interfere substantially with the purpose of any state water reservation. If the department issued a certificate for ground water development under Title 85, chapter 2, part 3, prior to the granting of a reservation under this section, the department may subordinate the reservation to the certificate if it finds that the subordination does not interfere substantially with the purpose of any reservation and the reservant consents to the subordination. The department shall by order establish the relative priority of applications approved under this section.

(5) The duration of the reservations granted to the municipalities and conservation districts established by the final order of the board of natural resources and conservation establishing water reservations above Fort Peck dam issued July 1, 1992, is extended until those reservations are perfected or until those reservations are revoked pursuant to 85-2-316 .
Mont. Code Ann. § 85-7-1808 — MT Code / Title 85 / Chapter 7 / Part 18 / Section 85-7-1808
85-7-1808 Extension of boundaries and addition of lands
Status: in_force

85-7-1808 . Extension of boundaries and addition of lands. The boundaries of any irrigation district may be extended at any time to include lands susceptible of irrigation by the works of the district or through exchange or substitution of water, as hereinafter provided, excluding and excepting therefrom all lands already under irrigation, lands having water rights appurtenant thereto, or lands that can be irrigated from sources more feasible than the district system, unless the owner of such lands shall consent in writing to have such lands included in said district; provided, however, that a petition be presented to the district court of the judicial district in which the irrigation district was organized, asking for such extension, upon terms to be fixed by the court, signed by the holders of title or evidence of title (evidenced as provided in 85-7-101 and 85-7-102 ) of the lands proposed to be included in the district, representing not less than two-thirds in acreage of said lands.
Mont. Code Ann. § 85-2-361 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-361
85-2-361 Hydrogeologic report -- minimum requirements
Status: in_force

85-2-361 . Hydrogeologic report -- minimum requirements. (1) A hydrogeologic report must include:

(a) a description of the proposed appropriation, including the point of diversion, the place of use, the area affected by the proposed appropriation, and aquifers and surface waters that may be affected by the proposed appropriation right;

(b) the amount of water diverted and the amount of water consumed by the proposed appropriation right;

(c) the amount of water that will likely be lost in conveyance, the amount of conveyance losses that would return to the system, and the location where conveyance losses would return to the system;

(d) the amount, timing, and location of return flows from the proposed use;

(e) the geology of the affected area, including stratigraphy and structure;

(f) the parameters of the aquifer system within the affected area to include estimates for:

(i) the lateral and vertical extent of the aquifer;

(ii) an analysis of whether the aquifer is confined or unconfined; and

(iii) the transmissivity and storage coefficient related to the aquifer;

(g) the locations of surface waters within the affected area that are subject to an appropriation right that may show a net depletion;

(h) an analysis of whether there may be a net depletion of surface water in the affected area and the rate, location, and timing of the depletion, if any; and

(i) a description of any water treatment method used at the time of any type of injection or introduction of water to the aquifer to ensure compliance with 75-5-410 , 85-2-364 , and the water quality laws under Title 75, chapter 5.

(2) A hydrogeologic report must be prepared by a hydrogeologist, a qualified scientist, or a qualified licensed professional engineer.

(3) The hydrogeologic report, the test well data, the monitoring well data, and other related information must be submitted to the department. The department shall submit this information to the bureau of mines and geology. The bureau of mines and geology shall make the information available through the ground water information center database.
Mont. Code Ann. § 85-2-133 — MT Code / Title 85 / Chapter 2 / Part 1 / Section 85-2-133
85-2-133 Change of watercourse name -- hearing
Status: in_force

85-2-133 . Change of watercourse name -- hearing. At the time set for hearing or at any time prior thereto, objections may be filed by any person who can, in such objections, show to the court or judge good reason against such change of name. The application and the objections must be heard at such time as the court or judge may appoint. On hearing, the court or judge may examine on oath any of the petitioners, remonstrants, objectors, or other persons touching the application and may make an order changing the name or dismissing the application as to the court or judge may seem right and proper.
Mont. Code Ann. § 85-8-502 — MT Code / Title 85 / Chapter 8 / Part 5 / Section 85-8-502
85-8-502 Resolution for issuance of notes or bonds
Status: in_force

85-8-502 . Resolution for issuance of notes or bonds. Before the issuance of said notes or bonds, the commissioners shall pass a resolution providing for the issuance of such notes or bonds. Said resolution shall fix the rate of interest which said notes or bonds shall bear, the time of payment, and, if redeemable before maturity, the date thereof; shall prescribe the denominations, not exceeding $1,000, and form thereof; and may provide that both the principal and interest of said notes and bonds shall be payable at some convenient banking house or trust company's office, to be named in said notes or bonds. Such notes or bonds and the coupons attached thereto shall bear the signatures of the president and the secretary of the drainage district. The corporate seal of the drainage district shall be affixed to each of the notes or bonds.
Mont. Code Ann. § 85-2-105 — MT Code / Title 85 / Chapter 2 / Part 1 / Section 85-2-105
85-2-105 Water policy interim committee duties
Status: in_force

85-2-105 . Water policy interim committee duties. (1) The water policy interim committee established in 5-5-231 shall meet as often as necessary, including during the interim between sessions, to perform the duties specified within this section.

(2) On a continuing basis, the water policy interim committee may:

(a) advise the legislature on the adequacy of the state's water policy and on important state, regional, national, and international developments that affect Montana's water resources;

(b) oversee the policies and activities of the department, other state executive agencies, and other state institutions as those policies and activities affect the water resources of the state;

(c) assist with interagency coordination related to Montana's water resources; and

(d) communicate with the public on matters of water policy as well as the water resources of the state.

(3) On a regular basis, the water policy interim committee shall:

(a) analyze and comment on the state water plan required by 85-1-203 , when filed by the department;

(b) analyze and comment on the report of the status of the state's renewable resource grant and loan program required by 85-1-621 , when filed by the department;

(c) analyze and comment on water-related research undertaken by any state agency, institution, college, or university;

(d) analyze, verify, and comment on the adequacy of and information contained in the water information system maintained by the natural resource information system under 90-15-305 ; and

(e) provide recommendations and a report, if one is written, in accordance with 5-5-216 for studies completed by the committee.
Mont. Code Ann. § 85-9-304 — MT Code / Title 85 / Chapter 9 / Part 3 / Section 85-9-304
85-9-304 Appointment of receiver -- assessments
Status: in_force

85-9-304 . Appointment of receiver -- assessments. (1) If a plan is not presented on or before the date set by the court, the court shall appoint a receiver to terminate the affairs of the district under the supervision of the court.

(2) Upon the appointment of a receiver, all authority of the directors ceases. However, until dissolution, the receiver has authority to levy assessments for:

(a) the payment of obligations of the district; and

(b) the costs of termination.

(3) The directors or, if there is a receiver, the receiver, with the approval of the court, shall make assessments each year in an amount large enough to retire the obligations of the district.

(4) If a receiver has been appointed, the receiver shall direct, under court supervision, the disposition of all assessments collected.
Mont. Code Ann. § 85-15-503 — MT Code / Title 85 / Chapter 15 / Part 5 / Section 85-15-503
85-15-503 Civil penalty
Status: in_force

85-15-503 . Civil penalty. An owner of a dam with an impounding capacity of 50 acre-feet or greater measured at the maximum normal operating pool who fails to comply with a provision of this chapter or a rule or order of the department adopted or made pursuant to this chapter is subject to a civil penalty not to exceed $1,000. Each day of violation is a separate offense.
Mont. Code Ann. § 85-8-327 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-327
85-8-327 Procedure at court hearing and order
Status: in_force

85-8-327 . Procedure at court hearing and order. (1) All issues arising upon said preliminary report shall be tried by the court without a jury.

(2) If the court shall find in favor of the remonstrance or if said report be that the proposed work will not promote the public health and will not promote the public welfare or that the benefits from said proposed work will not exceed the damages and cost of construction and no remonstrance against said report is filed, the petition shall be dismissed, the costs taxed against the petitioners, and judgment entered therefor, as provided in 85-8-350 .

(3) If the preliminary report be that the benefits of said proposed work (or work proposed by the commissioners) will exceed the damages and the cost of construction and that the public health will be promoted thereby or that the public welfare will be promoted thereby and no remonstrance thereto is filed or if on the trial of the issues made on said report the court finds that the benefits will exceed the damages and cost of construction and that the public health or the public welfare will be promoted by said proposed work, the court shall make and file such findings in writing and make an order confirming said report or directing amendment of the report to conform to the findings of said court, and when so amended the court shall by order confirm the same and direct said commissioners to proceed with said work with all convenient speed.

(4) Such findings and order shall be final and conclusive unless appealed from to the supreme court within 30 days after filing thereof.
Mont. Code Ann. § 85-2-403 — MT Code / Title 85 / Chapter 2 / Part 4 / Section 85-2-403
85-2-403 Transfer of appropriation right
Status: in_force

85-2-403 . Transfer of appropriation right. (1) The right to use water shall pass with a conveyance of the land or transfer by operation of law, unless specifically exempted therefrom. All transfers of interests in appropriation rights shall be without loss of priority.

(2) Failure to comply with the provisions of 85-2-402 does not render a conveyance or reservation of a water right void, but the right may not be used until the department has approved the change. This subsection applies retroactively, within the meaning of 1-2-109 , to a conveyance or reservation made after July 1, 1973.
Mont. Code Ann. § 85-1-303 — MT Code / Title 85 / Chapter 1 / Part 3 / Section 85-1-303
85-1-303 Procedure in case of insufficient bond proceeds
Status: in_force

85-1-303 . Procedure in case of insufficient bond proceeds. If the proceeds of the bonds, by error of calculation or otherwise, are less than the cost of the works, additional bonds may in like manner be issued to provide the amount of the deficit and, unless otherwise provided in the trust indenture or in the resolution authorizing the bonds, are considered to be of the same issue and are entitled to payment from the same fund, without preference or priority of the bonds first issued for the same works. If the proceeds of bonds issued for the works exceed the cost of the works, the surplus must be paid into the fund provided for the payment of principal and interest of the bonds. Prior to the preparation of definitive bonds, the department may, under like restrictions, issue temporary bonds with or without coupons, exchangeable for definitive bonds when the bonds have been executed and are available for delivery. The bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things that are specified and required by this chapter or by the constitution of the state.
Mont. Code Ann. § 85-7-2107 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2107
85-7-2107 Procedure for the determination of irrigable area
Status: in_force

85-7-2107 . Procedure for the determination of irrigable area. (1) For the purpose of determining the number of acres of irrigable lands in each 40-acre tract or fractional lot as designated by United States government survey or platted lot, if land is subdivided in lots and blocks (or whenever land is owned in less than 40-acre tracts or in less than the platted lot, in each tract) of land in the district or subdistrict, the board of commissioners of any irrigation district established under part 1, whenever considered advisable and at any time except as otherwise provided, may cause a careful topographical survey and map of the lands to be made, as well as a specific examination of the character of the soil of each tract. Upon completion of the survey and maps and examination, the board shall give notice that at a meeting of the board, to be held at the office of the board on a day to be fixed in the notice, the board will determine the irrigable area of each tract of land in the district or subdistrict and that it will hear and consider any objection on the part of any landowner in the district, or in a subdistrict if only the irrigable area of the subdistrict is being determined, to the determination and to adjustment of the irrigable area of the district or subdistrict or of any lands within any tract or subdivision of the district or subdistrict. It is not necessary to describe the tracts in the notice. The notice must be given by publication once a week for 2 successive calendar weeks in a newspaper of general circulation in the county where the office of the board is located, and whenever lands of any irrigation district or subdistrict lie in more than one county, the notice must also be published in a newspaper or newspapers of general circulation in each county. The last publication of the notice must be at least 5 days prior to the date fixed for the meeting.

(2) At the meeting, the board shall determine and fix the number of acres in each tract or subdivision irrigable from the works or proposed works of the district or subdistrict and shall hear all persons interested who may appear and shall continue in session from day to day (exclusive of Sundays and legal holidays) as long as may be necessary and until the determination of irrigable area is completed. The board shall hear and receive all evidence offered, including maps and surveys caused to be prepared by it as well as maps and surveys prepared by any owner of lands. Upon determination, the irrigable area fixed is the acreage upon which any special tax or assessment must be levied, and each irrigable acre shall pay at the same rate as every other acre of irrigable land in the district or subdistrict, except as otherwise provided by law.
Mont. Code Ann. § 85-2-340 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-340
85-2-340 Definitions
Status: in_force

85-2-340 . Definitions. Unless the context requires otherwise, in 85-2-341 and this section, the following definitions apply:

(1) "Application" means an application for a beneficial water use permit pursuant to 85-2-302 or a state water reservation pursuant to 85-2-316 .

(2) "Ground water" has the meaning provided in 85-2-102 .

(3) "Jefferson River basin" means the drainage area of the Jefferson River and its tributaries above the confluence of the Jefferson and Missouri Rivers.

(4) "Madison River basin" means the drainage area of the Madison River and its tributaries above the confluence of the Madison and Jefferson Rivers.
Mont. Code Ann. § 85-7-106 — MT Code / Title 85 / Chapter 7 / Part 1 / Section 85-7-106
85-7-106 Hearing on petition
Status: in_force

85-7-106 . Hearing on petition. (1) At the time specified in the notice mentioned in 85-7-105 , the district court in which the petition is filed shall hear the petition but may adjourn such hearing from time to time, not exceeding 3 weeks in all, and may continue the hearing for want of sufficient notice or other good cause. The court, upon application of the petitioners or any interested person or persons, shall permit the petition to be amended and may order further or additional notice to be given. Upon such hearing all interested persons whose lands or rights may be damaged or benefited by the organization of the district or by the irrigation works or improvements therein or to be acquired or constructed may appear and contest the necessity or utility of the proposed district or any part thereof, and the contestants and petitioners may offer any competent evidence in regard thereto.

(2) The court shall hear and determine whether the requirements of 85-7-101 through 85-7-105 have been complied with and for that purpose shall hear all competent and relevant testimony that may be offered.
Mont. Code Ann. § 85-1-213 — MT Code / Title 85 / Chapter 1 / Part 2 / Section 85-1-213
85-1-213 Institution of court actions by department
Status: in_force

85-1-213 . Institution of court actions by department. The department may institute in any court any actions, suits, and special proceedings necessary to enable it to acquire, own, and hold title to lands for dam sites, reservoir sites, water rights, rights-of-way for diversion and distributing canals, and lateral ditches and other means of distribution of water and may also in any court institute, maintain, and prosecute to final determination actions, suits, and special proceedings necessary to have the water rights adjudicated upon any stream or source of water supply from which is derived the water for the reservoir, diversion and distributing canals, lateral ditches, and other means of distribution of the water. The department may join owners of waters appropriated by a person, association, or corporation from the streams of the state so that adjudication may be had of all surplus water upon all the streams and sources of water supply of a project constructed by the department. All costs and expenses of the actions, suits, or special proceedings shall be paid by the department out of funds provided under this chapter.
Mont. Code Ann. § 85-7-2023 — MT Code / Title 85 / Chapter 7 / Part 20 / Section 85-7-2023
85-7-2023 Notice of sale of bonds
Status: in_force

85-7-2023 . Notice of sale of bonds. Except as provided in 85-7-2033 regarding a private sale, before making any sale, the board shall, by resolution at a meeting, declare its intention to sell a specified amount of the bonds and the day, hour, and place of the sale. The board shall enter the resolution into the minutes and provide notice of the sale by publication at least once a week for 3 successive calendar weeks in a newspaper in the county where the office of the board of commissioners is located, and the notice may be published in any other newspaper at the board's discretion. The notice must state that sealed proposals will be received by the board at its office for the purchase of bonds until the day and hour named in the resolution. At the time appointed, the board shall open the proposals and award the purchase of the bonds or any portion or portions of the bonds to the highest responsible bidder or bidders. The board may reject any or all bids. If an award is not made, the board may either readvertise the bonds or any part of the bonds for sale or sell the bonds or any part of the bonds at private sale. Coupons evidencing unearned interest must be detached and canceled.
Mont. Code Ann. § 85-8-701 — MT Code / Title 85 / Chapter 8 / Part 7 / Section 85-8-701
85-8-701 Purpose of part
Status: in_force

85-8-701 . Purpose of part. (1) The purpose of this part is to confer certain additional powers on drainage districts already created or to be created under the laws of the state of Montana for the purposes of cooperating with the government of the United States and landowners in flood prevention and the conservation, development, utilization, and disposal of water for the further development of the economy of this state and for the promotion of the public health and welfare.

(2) The purpose of this part is to enable existing drainage districts or newly created drainage districts as provided herein to enter into cooperative agreements and programs to carry out the purposes of Public Law 566, 83rd congress of the United States, or other laws of the national congress pertaining to flood prevention and the conservation, development, utilization, and disposal of water. This part is to be given a liberal construction to the end that these purposes may be carried out, and to this end all political subdivisions of the state of Montana, all agencies and departments of the state government, and all soil conservation districts are authorized to cooperate with, expend funds for, and enter into agreements with drainage districts and any agencies of the United States government for the purpose of carrying out the provisions of this part and Public Law 566, 83rd congress of the United States, or other laws of the national congress pertaining to flood prevention and the conservation, development, utilization, and disposal of water.

(3) None of the additional powers granted by this part shall be exercised except for the purpose of participating in projects or programs authorized under Public Law 566, 83rd congress of the United States, or other laws of the national congress pertaining to flood prevention and the conservation, development, utilization, and disposal of water.
Mont. Code Ann. § 85-1-513 — MT Code / Title 85 / Chapter 1 / Part 5 / Section 85-1-513
85-1-513 Purchase of power by electric cooperative not agreeing to be bound by public service commission determination
Status: in_force

85-1-513 . Purchase of power by electric cooperative not agreeing to be bound by public service commission determination. If any electric cooperative wishing to purchase power from a small-scale hydroelectric facility under this chapter refuses to submit to the ratemaking authority of the public service commission established in 85-1-511 , then the rate for such cooperative may be determined by the federal energy regulatory commission upon proper petition. The facility shall sell power in accordance with such determination, so long as the rates and terms so established will allow the facility a reasonable return.
Mont. Code Ann. § 85-20-110 — MT Code / Title 85 / Chapter 20 / Part 1 / Section 85-20-110
85-20-110 Application to adjudicated and nonadjudicated waters
Status: in_force

85-20-110 . Application to adjudicated and nonadjudicated waters. The provisions of this part shall apply to both adjudicated and nonadjudicated waters of the interstate tributaries of the Yellowstone River.
Mont. Code Ann. § 85-7-1906 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1906
85-7-1906 Relations with United States
Status: in_force

85-7-1906 . Relations with United States. (1) For the purpose of acquiring control over government land within the district and of complying with the provisions of the act of congress of August 11, 1916, the board shall have authority to make such investigations and base thereon such representations and assurances to the secretary of the interior as may be requisite.

(2) The board may enter into any obligation or contract with the United States:

(a) for the construction, operation, and maintenance of the necessary works for the delivery and distribution of water therefrom and the necessary drainage works;

(b) for the assumption, as principal or guarantor, of indebtedness to the United States on account of district lands, under the provisions of the federal Reclamation Act of June 17, 1902, all acts amendatory thereof or supplementary thereto, and the rules and regulations established thereunder; or

(c) for a water supply under any act of congress providing for or permitting such contract.

(3) In case contract has been or may hereafter be made with the United States as herein provided, bonds of the district may be deposited with the United States at 90% of their par value, to the amount to be paid by the district to the United States under any such contract. The interest on said bonds of the district and regularly paid to the United States is to be applied as provided in such contract. If bonds of the district are not so deposited, it shall be the duty of the board of commissioners to include, as part of any levy or assessment provided for in 85-7-2101 or 85-7-2132 , an amount sufficient to meet each year all payments accruing under the terms of any such contract. The board may accept, on behalf of the district, appointment of the district as fiscal agent of the United States or authorization of the district by the United States to make collections of money for or on behalf of the United States in connection with any federal reclamation project, whereupon the district shall be authorized to so act and to assume the duties and liabilities incident to such action. The board shall have full power to do all things required by the federal statutes now or hereafter enacted in connection therewith and all things required by the rules and regulations now or that may hereafter be established by any department of the federal government in regard thereto, including the power to require the prompt payment of all charges as prerequisite to water service.
Mont. Code Ann. § 85-8-119 — MT Code / Title 85 / Chapter 8 / Part 1 / Section 85-8-119
85-8-119 Receiving affidavits on question of petition sufficiency
Status: in_force

85-8-119 . Receiving affidavits on question of petition sufficiency. The affidavits of any 10 or more of the signers of the petition, stating that they have examined the petition and are acquainted with the locality of the district and that the petition is signed by a sufficient number of owners of lands in the district to satisfy 85-8-101 , may be taken by the court or judge as prima facie evidence of the facts stated in the petition. The affidavit of any petitioner or other landowner before the court or represented before the court asserting the petitioner's or landowner's ownership of lands in the district, properly described, is sufficient evidence to the court of those facts.
Mont. Code Ann. § 85-3-411 — MT Code / Title 85 / Chapter 3 / Part 4 / Section 85-3-411
85-3-411 Weather modification authority created by petition -- expiration -- reinstatement
Status: in_force

85-3-411 . Weather modification authority created by petition -- expiration -- reinstatement. (1) Upon receipt of a valid petition signed by at least 51% of the qualified electors of a county, as determined by the vote cast for the office of governor at the preceding general election, a board of county commissioners may by resolution create a weather modification authority. The board of county commissioners shall appoint five residents of the county as weather modification authority commissioners from those names set forth in the petition and designated by the petitioners to be appointed commissioners. If any of the five candidates named in the petition to be appointed commissioner is unable or refuses for any reason to accept appointment as commissioner or is disqualified by not meeting residence requirements as an elector in the county, the board of county commissioners shall name an appointee to fill the position. Each commissioner shall serve a 5-year term of office. If a commissioner submits a resignation in writing to the board of county commissioners or becomes unable or disqualified for any reason after accepting office, the board of county commissioners shall name an appointee to fill the vacancy. The board of county commissioners may remove any commissioner from office whenever it appears, by competent evidence and after hearing, that the commissioner has been guilty of misconduct, malfeasance, crime in office, or gross incompetency. A vacancy occurring otherwise than by expiration of a term of office must be filled for the unexpired term.

(2) An authority created pursuant to this section expires 5 years after the date of the initial appointment of the commissioners. Any unexpended funds remaining in the name of the authority after all proper bills and expenses have been paid must be transferred into the county general fund by the officers of the authority on or before the 5-year termination date provided by this section. However, all unexpended funds remaining in the name of the authority after all proper bills and expenses have been paid must remain in the name of the authority if the board of county commissioners of the county by resolution creates a weather modification authority and all its powers in accordance with 85-3-414 .

(3) Nothing in this section prevents renewal of an authority for another 5 years by petition of the qualified electors in the same manner as the initial authority was created.

(4) If more than one petition is filed with the board of county commissioners on or about the same time, the petition with the highest percentage of the qualified county electors voting for the office of governor at the preceding general election must be selected by the board of county commissioners. However, the petition with the highest percentage must have the signatures of at least 40% of the qualified electors in the county, and the total of all qualified electors signing all petitions filed must equal at least 60% of the qualified electors in the county. If the name of the same elector appears on two or more petitions, the name must be stricken from both petitions.
Mont. Code Ann. § 85-7-1605 — MT Code / Title 85 / Chapter 7 / Part 16 / Section 85-7-1605
85-7-1605 Purpose
Status: in_force

85-7-1605 . Purpose. This part is not intended to conflict in any way with statutes governing irrigation districts but is for the sole purpose of making it possible for one or more irrigation districts to function jointly through a central control agency for the purpose of efficiency, simplicity, and economy.
Mont. Code Ann. § 85-7-1002 — MT Code / Title 85 / Chapter 7 / Part 10 / Section 85-7-1002
85-7-1002 Dissolution of districts having incurred indebtedness
Status: in_force

85-7-1002 . Dissolution of districts having incurred indebtedness. (1) Any irrigation district organized and existing under the laws of the state of Montana may be dissolved by an order of the district court of the county in which the land or the greater portion of the lands of the district are situated.

(2) In case a district has incurred bonded indebtedness and has constructed or purchased any irrigation plant or system for the irrigation of the land in the district, it shall be necessary, in order that the district court may acquire jurisdiction to enter an order dissolving the district, that a petition be filed with the clerk of said district court. This petition shall be signed by an equal number of holders of title or evidence of title as are required to sign the original petition for the creation of the district and must also be signed by a sufficient number of bondholders of the district or by their assignees or duly authorized agents, representing at least 80% of the outstanding bonds of said district.

(3) In case a district has incurred bonded indebtedness but has not constructed or purchased any irrigation plant or system for the irrigation of land in the district and more than 10 years have expired since the date of organization of the district, then in such case, such district may be dissolved by an order of the district court of the county in which the land or the greater part of the lands are situated if the petition praying for dissolution shall be signed by a majority of the board of irrigation district commissioners and also by a sufficient number of bondholders of the district or by their assignees or duly authorized agents, representing at least 80% of the outstanding bonds of said district.
Mont. Code Ann. § 85-20-1003 — MT Code / Title 85 / Chapter 20 / Part 10 / Section 85-20-1003
85-20-1003 Definitions
Status: in_force

85-20-1003 . Definitions. The definitions provided for in 85-20-1001 apply to 85-20-1002 through 85-20-1008 . The absence of capitalization of defined terms in 85-20-1002 through 85-20-1008 does not affect the meaning or application of a defined term.
Mont. Code Ann. § 85-2-154 — MT Code / Title 85 / Chapter 2 / Part 1 / Section 85-2-154
85-2-154 Terminated
Status: in_force

85-2-154 . Terminated. Sec. 7, Ch. 298, L. 2019.
Mont. Code Ann. § 85-9-411 — MT Code / Title 85 / Chapter 9 / Part 4 / Section 85-9-411
85-9-411 Annual report of directors' activities
Status: in_force

85-9-411 . Annual report of directors' activities. Before August 1 of each year, the directors shall send a written report of their activities during the previous fiscal year to the court and to the department. Reports shall be in the form and contain the information prescribed by the department.
Mont. Code Ann. § 85-8-313 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-313
85-8-313 Annual report of commissioners
Status: in_force

85-8-313 . Annual report of commissioners. On the first Tuesday of July of each year the commissioners shall file in the office of the clerk of the court having jurisdiction in the matter an itemized statement of all their receipts and disbursements and leave said report in such office for examination by parties interested at all times.
Mont. Code Ann. § 85-8-504 — MT Code / Title 85 / Chapter 8 / Part 5 / Section 85-8-504
85-8-504 Disposition of excess money
Status: in_force

85-8-504 . Disposition of excess money. In case any moneys derived from bonds sold to pay for the original construction of said improvement, now or hereafter, remain on hand after the work is completed in original construction and paid for and not raised for damages unpaid for, such residue may be used in the maintenance and repair, as provided in this chapter, before making assessments for such maintenance and repair.
Mont. Code Ann. § 85-2-510 — MT Code / Title 85 / Chapter 2 / Part 5 / Section 85-2-510
85-2-510 Production of water from oil and gas wells -- hearings -- jurisdiction of board of oil and gas conservation
Status: in_force

85-2-510 . Production of water from oil and gas wells -- hearings -- jurisdiction of board of oil and gas conservation. The regulation of the production, use, or disposal of fresh, brackish, or saline water that is entirely the result of the production of oil or gas, or both, must be under the jurisdiction of the board of oil and gas conservation and is subject to the requirements of 82-11-123 . Hearings pertaining to the production, use, or disposal of water from those wells must be held by that board in accordance with the procedures established by that board. The department may petition the board of oil and gas conservation for hearings in regard to those operations, and it must be notified by the board of oil and gas conservation of those hearings instigated by other parties.
Mont. Code Ann. § 85-6-101 — MT Code / Title 85 / Chapter 6 / Part 1 / Section 85-6-101
85-6-101 Power to levy new assessments
Status: in_force

85-6-101 . Power to levy new assessments. Whenever any water users' association, having a contract with the United States government for construction of works and delivery of water and also a contract with its shareholders, organized under and by virtue of the corporation laws of this state and in conformity with the laws of the United States, shall have levied an assessment or assessments upon its capital stock, which assessment or assessments or any part thereof remain uncollected, such association shall have the power to discharge all assessments theretofore levied and to levy in lieu thereof an assessment which shall include all previous assessments levied upon the shareholders of said association and to give credit for all payments on assessments theretofore made.
Mont. Code Ann. § 85-2-327 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-327
85-2-327 Terminated
Status: in_force

85-2-327 . Terminated. Sec. 6, Ch. 352, L. 1991.
Mont. Code Ann. § 85-1-320 — MT Code / Title 85 / Chapter 1 / Part 3 / Section 85-1-320
85-1-320 Montana water development state special revenue account
Status: in_force

85-1-320 . Montana water development state special revenue account. (1) (a) There is a Montana water development state special revenue fund as provided for in 17-2-102 to the credit of the department of natural resources and conservation.

(b) The fund retains its own interest.

(c) The account is composed of revenue gifted to the state or transferred to the account by the legislature and interest generated by the account.

(2) Ninety percent of the earnings from the investment must be distributed to the water storage state special revenue account established in 85-1-631 .

(3) Ten percent of the earnings from the investment must be distributed to the natural resources projects state special revenue account established in 15-38-302 to be used for water storage pilot projects and dam inspections required under 85-15-213 .
Mont. Code Ann. § 85-7-1811 — MT Code / Title 85 / Chapter 7 / Part 18 / Section 85-7-1811
85-7-1811 Procedure to correct errors and omissions in orders or decrees
Status: in_force

85-7-1811 . Procedure to correct errors and omissions in orders or decrees. (1) The district court retains jurisdiction of any petition presented to establish an irrigation district or to enlarge and increase its boundaries or to exclude land from the district for the purpose of correcting any omissions, defects, or errors in the proceedings of the court. The court may correct and, if necessary, amend the order of the district court establishing the district, any order extending the boundaries of the district, or any order excluding lands from the district, including the description of lands included or intended to be included in the district or excluded from the district or intended to be excluded, the boundaries of the divisions into which it is divided, and any other matter that is before the court on the application to create the district, to enlarge or extend its boundaries, or to exclude lands from the district. The court may, on application of the board of commissioners of the district, correct and amend the terms of any order or judgment of the court so that it conforms to the provisions of the statute under the authority of which the order was made. The board of commissioners of any district may adopt a resolution directing its president and secretary to prepare, execute, and file with the clerk of the district court a petition that sets forth the following matters:

(a) the name of the district and a reference to the order in which the defect, error, omission, errors in description of lands included or excluded, or departure from the statute occurred;

(b) a statement of the defects, errors, omissions, irregularities, errors in description of lands included or excluded, or variance from the statutory requirements; and

(c) a request for an order correcting the defects, errors, omissions, or irregularities.

(2) If the error, defect, omission, irregularity, or variance is in the description of any land or lands embraced in the district, the petition must set forth the correct description of the lands, the names of the holders of title or evidence of title to the lands, ascertained in the manner provided in 85-7-101 and 85-7-102 , and if any holder is a nonresident of the county or counties in which the district lies, the post-office address of the nonresident owner, if known. Upon the filing of the petition, the court shall direct notice of the hearing of the petition to be given in a manner as determined necessary to protect the rights and interests of the parties and, after a hearing of any parties intervening, shall enter an order correcting the defects, errors, omissions, or irregularities. If the defects, errors, omissions, or irregularities are in the description of the lands embraced in the district, the district court or judge shall direct the clerk of the court to publish, at least once a week for 2 successive weeks, in some newspaper published in the county where the petition is filed, a copy of the petition, together with a notice stating the time and place fixed by the district court when and where a hearing on the petition will be held, and, if any portion of the lands within the district lies within any other county or counties, the petition and notice must be published as provided in this subsection in a newspaper published in each of those counties. If a newspaper is not published in the county, the petition and notice may be published in an adjoining county. The first publication of the petition and notice must be not less than 30 days prior to the time mentioned in the notice for the hearing. If any holder of title or evidence of title to lands within the district is a nonresident of the county or counties in which the district lies, the clerk of court shall, within 3 days after the first publication, mail a copy of the petition and notice to each nonresident whose post-office address is stated in the petition. The certificate of the clerk of the district court, under the seal of the court, as to the facts of the publishing and mailing of the petition and notice, affixed to a copy of the notice, is sufficient evidence of the facts.

(3) At the time specified in the notice, the district court in which the petition is filed shall hear the petition but may adjourn the hearing from time to time and may continue the hearing for want of sufficient notice or other good cause. The court, upon application of the petitioners or any person or persons interested, shall permit the petition to be amended and may order further or additional notice to be given. Upon the hearing, all persons interested may appear and contest the application for the order requested in the petition, and the contestants and petitioners may offer any competent evidence pertinent to the request of the petition.

(4) The court may make changes in the description of the lands embraced within the limits of the district that may be considered advisable or as fact, right, and justice may require but may not exclude from the district any lands described as a part of the district in the order creating it after the district has issued bonds or entered into a contract with the United States under 85-7-1906 . However, lands may be excluded from a district that has entered into a contract with the United States under 85-7-1906 if the secretary of the interior consents to the exclusion.

(5) If, on final hearing, it is found by the court that the petition does not substantially comply with the requirements of this section or that the facts stated in the petition are not sustained by the evidence, the court shall dismiss the petition at the cost of the petitioners and shall make and enter an order to that effect. If it is found that the petition substantially complies with the requirements of this section and that the facts stated in the petition are sustained by the evidence, the court shall make and enter an order in accordance with the request of the petition.

(6) All orders and findings of the district court made under the provisions of this section are conclusive upon all owners of lands within the district and are final unless appealed from to the supreme court within 60 days from the date of entry of the order. A copy of the order, certified to by the clerk of court, must be filed for record within 30 days after the order is made and entered with the county clerk and recorder of the county in which the lands included within the district are situated. There must be omitted from the copy lands not situated in the county in which the copy is filed.
Mont. Code Ann. § 85-7-2203 — MT Code / Title 85 / Chapter 7 / Part 22 / Section 85-7-2203
85-7-2203 Nonsubstantial errors disregarded -- rules of practice -- costs
Status: in_force

85-7-2203 . Nonsubstantial errors disregarded -- rules of practice -- costs. The court hearing any of the contests or proceedings herein provided for shall disregard any error, irregularity, or omission which does not affect the substantial rights of the parties to said action or proceeding. The rules of pleading and practice provided by Title 25 which are not inconsistent with the provisions of this chapter are applicable to all actions or proceedings herein provided for. The costs of any such hearing or contest may be allowed and apportioned between the parties or taxed to the losing parties, in the discretion of the court.
Mont. Code Ann. § 85-7-1974 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1974
85-7-1974 Majority vote or petition necessary to contract with the state
Status: in_force

85-7-1974 . Majority vote or petition necessary to contract with the state. (1) No contract may be made between an irrigation district and the state of Montana under 85-7-1971 through 85-7-1975 except on:

(a) approval by a majority vote of those voting on the question at an election conducted in accordance with Title 13, chapter 1, part 5, and 85-7-1710 ; or

(b) receipt of a petition signed by at least 60% in number and acreage of the holders of title or evidence of title to lands within the district. The petition must be addressed to the board of commissioners and must set forth the aggregate amount of money to be borrowed from various sources, including the coal severance tax bonding program provided for in Title 17, chapter 5, part 7, and the purpose for which the money will be used. The petition must include an affidavit certifying the signatures to the petition and must be filed with the secretary of the board of commissioners.

(2) In an election held for approval of a district contract under this section, the voting majority must own at least 50% of the acreage included in the district.
Mont. Code Ann. § 85-7-1603 — MT Code / Title 85 / Chapter 7 / Part 16 / Section 85-7-1603
85-7-1603 Withdrawal from joint operation
Status: in_force

85-7-1603 . Withdrawal from joint operation. Any district having entered into a written contract, as provided by this part, may withdraw from such contract upon submitting to the board of control, in writing, a 90-day notice of withdrawal, except that if revenue bonds have been issued by the board of control under part 14 of this chapter, the district may not withdraw from such contract until such bonds are canceled or redeemed.
Mont. Code Ann. § 85-7-2026 — MT Code / Title 85 / Chapter 7 / Part 20 / Section 85-7-2026
85-7-2026 Delivery of bonds
Status: in_force

85-7-2026 . Delivery of bonds. If bonds are sold for cash, they shall be delivered by the board of commissioners to the county treasurer of the county in which the office of the district is located. The county treasurer, after making a complete record of them, shall deliver them to the purchaser upon receipt of the purchase price. Delivery of the bonds may be made by the county treasurer to the purchaser at any place or places inside or outside this state, and the county treasurer may receive the proceeds of the sale of the bonds at the place or places of delivery.
Mont. Code Ann. § 85-7-1821 — MT Code / Title 85 / Chapter 7 / Part 18 / Section 85-7-1821
85-7-1821 Change of boundaries of irrigation districts indebted to United States
Status: in_force

85-7-1821 . Change of boundaries of irrigation districts indebted to United States. The boundaries of any irrigation district established and organized under the laws of the state of Montana and indebted to the United States for money loaned said district may be changed in the manner hereinafter prescribed. Such change in boundaries of said district shall not impair or affect its organization or its rights in or to property or any of its rights or privileges of whatsoever kind or nature.
Mont. Code Ann. § 85-3-207 — MT Code / Title 85 / Chapter 3 / Part 2 / Section 85-3-207
85-3-207 Separate permit for each operation
Status: in_force

85-3-207 . Separate permit for each operation. (1) Separate permits must be issued for each operation.

(2) If a permit is issued, the holder of the permit shall confine activities to the time and area limits set forth in the notice of intention, unless modified by the department. The permittee's activities must conform to any conditions imposed by the department. The permit may not be sold or transferred.
Mont. Code Ann. § 85-2-503 — MT Code / Title 85 / Chapter 2 / Part 5 / Section 85-2-503
85-2-503 Controlled ground water subareas
Status: in_force

85-2-503 . Controlled ground water subareas. For purposes of administration, large ground water areas may be divided into convenient administrative units known as subareas.
Mont. Code Ann. § 85-2-415 — MT Code / Title 85 / Chapter 2 / Part 4 / Section 85-2-415
85-2-415 Owners of water to sell surplus
Status: in_force

85-2-415 . Owners of water to sell surplus. Any person having the right to use, sell, or dispose of water and engage in using, selling, or disposing of the same who has a surplus of water not used or sold or any person having a surplus of water and the right to sell and dispose of the same is required, upon the payment or tender to the person entitled thereto of an amount equal to the usual and customary rates per inch or cubic foot of water per second, to convey and deliver to the person the surplus of unsold water or so much thereof for which the payment or tender has been made and shall continue to convey and deliver the same weekly so long as the surplus of unused or unsold water exists and the payment or tender is made as aforesaid.
Mont. Code Ann. § 85-8-329 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-329
85-8-329 Necessity of preliminary proceedings
Status: in_force

85-8-329 . Necessity of preliminary proceedings. All proceedings herein required, prior to the entry of such order of confirmation of record, shall be deemed to be and are hereby declared to be necessary to the formation of said body corporate.
Mont. Code Ann. § 85-2-214 — MT Code / Title 85 / Chapter 2 / Part 2 / Section 85-2-214
85-2-214 Commencement of action
Status: in_force

85-2-214 . Commencement of action. (1) The action for the adjudication of all existing water rights under Title 3, chapter 7, Title 85, chapter 2, part 7, and this part is commenced with the issuing of the order by the Montana supreme court to file a statement of a claim of an existing water right as provided in 85-2-212 . For each claim, the action is considered filed in the judicial district of the county in which the diversion is made or, if there is a claimed right with no diversion, in the judicial district of the county in which the use occurs.

(2) The water judge shall monitor the claim filing procedure for claims within the judge's water division and make orders necessary to ensure timely and accurate compliance with the claim filing procedure.
Mont. Code Ann. § 85-7-1908 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1908
85-7-1908 Board powers over district property
Status: in_force

85-7-1908 . Board powers over district property. (1) The board may take conveyances or other assurances for all property acquired by it under the provisions of this chapter, in the name of the district, to and for the uses and purposes in this chapter.

(2) The legal title to all property acquired by or for any irrigation district or any subdistrict in the district under the provisions of this chapter shall immediately and by operation of law vest in that district, as set forth in this chapter. The board of commissioners may hold, use, maintain, acquire, manage, occupy, and possess that property, as provided in this chapter. Any property acquired by the district may be conveyed to the United States for the construction, operation, and maintenance of works by the United States for the benefit of the district or a subdistrict in the district under any contract that may be entered into with the United States pursuant to this chapter.
Mont. Code Ann. § 85-7-2021 — MT Code / Title 85 / Chapter 7 / Part 20 / Section 85-7-2021
85-7-2021 Liens of bonds
Status: in_force

85-7-2021 . Liens of bonds. (1) All bonds issued under this chapter and all amounts to be paid to the United States under any contract between the district and the United States, accompanying which bonds of the district have not been deposited with the United States as provided in 85-7-1906 , shall be a lien upon all the lands originally or at any time included in the district, or upon lands in a subdistrict if the bonds are issued on behalf of the subdistrict, for the irrigation and benefit of which the irrigation district or subdistrict was organized and the bonds were issued and for the benefit of which such contract between the district and the United States was made, except upon any lands as may at any time be included in the district or subdistrict on account of the exchange or substitution of water under the provisions of 85-7-1912 ; and all such lands are subject to a special tax or assessment for the payment of the interest on and principal of the bonds. All amounts to be paid to the United States under any contract between the district and the United States and the special tax or assessment constitute a first and prior lien on the land against which levied to the same extent and with like force and effect as taxes levied for state and county purposes.

(2) All liens created under this section remain upon the lands until the obligations of the district for the bonds are discharged, as provided by law or by the resolution of the board of commissioners authorizing their issuance.
Mont. Code Ann. § 85-7-1613 — MT Code / Title 85 / Chapter 7 / Part 16 / Section 85-7-1613
85-7-1613 Board of control -- per diem and expenses
Status: in_force

85-7-1613 . Board of control -- per diem and expenses. The members of the board of control, when sitting as a board or when engaged in the business of the board, are entitled to compensation of $25 for each day they are actually and necessarily engaged in the performance of irrigation district duties and to reimbursement for travel expenses as provided in 2-18-501 through 2-18-503 , and for their necessary expenses.
Mont. Code Ann. § 85-7-1435 — MT Code / Title 85 / Chapter 7 / Part 14 / Section 85-7-1435
85-7-1435 Details relating to revenue bonds
Status: in_force

85-7-1435 . Details relating to revenue bonds. Bonds authorized to be issued under this part shall bear interest at a rate not exceeding the limitation of 17-5-102 , payable semiannually, and may be in one or more series; bear such date or dates; mature at such time or times, not exceeding 40 years from their respective dates of issuance; be payable in such place or places; carry such registration privileges; be subject to such terms of redemption; be executed in such manner; contain such terms, covenants, and conditions; and be in such form, either coupon or registered, as the resolution or subsequent resolutions may provide.
Mont. Code Ann. § 85-7-1412 — MT Code / Title 85 / Chapter 7 / Part 14 / Section 85-7-1412
85-7-1412 Joint undertakings
Status: in_force

85-7-1412 . Joint undertakings. Irrigation districts, through their respective boards of commissioners, may enter into contracts to jointly plan, acquire, construct, operate, maintain, and finance any undertaking in accordance with Title 85, chapter 7, part 16. The contract must specify, if an undertaking is financed under this part:

(1) that the contract cannot be terminated prior to the redemption or cancellation of any bonds issued under it; and

(2) the manner of disposing of the undertaking upon termination of the contract.
Mont. Code Ann. § 85-8-702 — MT Code / Title 85 / Chapter 8 / Part 7 / Section 85-8-702
85-8-702 Additional powers
Status: in_force

85-8-702 . Additional powers. To the end that soil and water conservation measures may be improved, flood prevention and drainage programs strengthened, and the land and water economy of the state stabilized, the following additional powers are conferred upon presently existing drainage districts or new districts as created and established under this chapter and laws amendatory thereof and supplementary thereto:

(1) to carry out necessary measures for the prevention of floodwater and sediment damages and for the conservation, development, utilization, and disposal of water and to adopt necessary regulations, policies, and procedures to accomplish these ends, subject to the approval of the district court and on proper notice to interested parties as is provided for in the general statutes pertaining to drainage districts;

(2) to cooperate and enter into agreements to carry out the purposes of this part with (and to receive financial and other assistance from) state agencies and political subdivisions of the state, other organizations created under state laws, and the government of the United States and agencies thereof and to enter into agreements with (and to accept contributions from) private landowners for the purposes of this part;

(3) to construct, operate, and maintain such works of improvement, including structures and related measures, as are needed to carry out their broadened purposes as set forth herein, subject to the approval of the district court and on proper notice to interested parties as set forth in this chapter;

(4) to acquire lands, easements, and rights-of-way for sites for structures and for the flowage or impoundment of waters, such acquisitions for such purposes to be accomplished in the same manner and through the same powers and procedures as provided for under this chapter;

(5) to enlarge their boundaries to permit the construction of additional needed works of improvement or to construct additional needed works of improvement outside their boundaries, subject to approval of the district court and on proper notice to interested parties in the manner set forth in this chapter;

(6) to make assessments and issue bonds for carrying out the purposes of this part and for constructing, maintaining, and operating any structures or improvements established as provided herein, such assessments and bond issues to be made in the same manner and through the same procedures as under this chapter, including the right to extend annual installments for repayment of construction costs over a period of not more than 50 years and subject to the approval of the district court in the same manner and on the same notice to the interested parties as in the first instance of approving assessments, bond issues, and benefits.
Mont. Code Ann. § 85-8-112 — MT Code / Title 85 / Chapter 8 / Part 1 / Section 85-8-112
85-8-112 Affidavit in case of nonresident petitioners
Status: in_force

85-8-112 . Affidavit in case of nonresident petitioners. If any of the owners of land in said district are nonresidents of the county or counties in which the proposed district lies, the petition shall be accompanied by an affidavit giving the names and post-office addresses of such nonresidents, if such are known, and if unknown, shall state that upon diligent inquiry their names or post-office addresses (whichever may be the fact) cannot be ascertained. The clerk of the court shall mail a copy of the notice aforesaid to each of said nonresident owners whose post-office address is known, within 6 days after the first publication of the same.
Mont. Code Ann. § 85-7-2049 — MT Code / Title 85 / Chapter 7 / Part 20 / Section 85-7-2049
85-7-2049 Adjournment of hearings on resolutions for special taxes or assessments
Status: in_force

85-7-2049 . Adjournment of hearings on resolutions for special taxes or assessments. If a board of commissioners hearing on proceedings on a special tax or assessment for the repayment of bonds is not held at the scheduled place and time, is adjourned, or is rescheduled, the board has not lost its power or jurisdiction to levy special taxes or assessments to repay the bonds. The board may fix a time and a place for a new or additional hearing. The board shall provide notice of the hearing by publication in a daily, semiweekly, or weekly newspaper at least 5 days before the date of the new hearing.
Mont. Code Ann. § 85-7-1419 — MT Code / Title 85 / Chapter 7 / Part 14 / Section 85-7-1419
85-7-1419 Covenants in resolution authorizing issuance of bonds
Status: in_force

85-7-1419 . Covenants in resolution authorizing issuance of bonds. A resolution authorizing the issuance of bonds under this part may contain covenants relating to:

(1) the purposes for which the proceeds of sale of the bonds may be applied and the use and disposition of the proceeds;

(2) the use and disposition of the revenue of the undertaking for which the bonds are to be issued, including the creation and maintenance of reserves;

(3) the issuance of other or additional bonds payable from the revenue of the undertaking;

(4) the operation and maintenance of the undertaking;

(5) the insurance to be carried on the undertaking and the use and disposition of insurance money;

(6) books of account and the inspection and audit of the books; and

(7) the terms and conditions upon which the holders of the bonds or any portion of them or any trustee is entitled to the appointment of a receiver by the district court, which court shall have jurisdiction in such proceedings and which receiver may:

(a) enter and take possession of the undertaking;

(b) operate and maintain the undertaking;

(c) prescribe fees, subject to the approval of the public service commission if such approval is required; and

(d) collect, receive, and apply all revenues in the same manner as the issuer itself might do.
Mont. Code Ann. § 85-2-103 — MT Code / Title 85 / Chapter 2 / Part 1 / Section 85-2-103
85-2-103 Measurement of water
Status: in_force

85-2-103 . Measurement of water. (1) After July 1, 1899, a cubic foot of water (7.48 gallons) per second of time shall be the legal standard for the measurement of water in this state.

(2) Where water rights expressed in statutory or miner's inches have been granted, 100 statutory or miner's inches shall be considered equivalent to a flow of 2.5 cubic feet (18.7 gallons) per second, 200 statutory or miner's inches shall be considered equivalent to a flow of 5 cubic feet (37.4 gallons) per second, and this proportion shall be observed in determining the equivalent flow represented by any number of statutory or miner's inches.

(3) The provisions of this section shall not affect or change the measurement of water decreed by a court prior to July 1, 1899, but such decreed water shall be measured according to the law in force at the time such decree was made and entered.
Mont. Code Ann. § 85-7-1904 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1904
85-7-1904 Acquisition of water and waterworks by board
Status: in_force

85-7-1904 . Acquisition of water and waterworks by board. (1) The board may:

(a) appropriate water in the name of the district;

(b) acquire, by purchase, lease, or contract:

(i) water and water rights;

(ii) additional water and supplies of water; and

(iii) canals, reservoirs, dams, and other works already constructed or in the course of construction; and

(c) acquire by purchase, lease, contract, condemnation pursuant to Title 70, chapter 30, or other legal means:

(i) land and rights in lands for rights-of-way, for reservoirs, for the storage of waters, and for dam sites and necessary appurtenances; and

(ii) other lands and property that may be necessary for the construction, use, maintenance, repair, improvement, enlargement, and operation of any district or subdistrict system of irrigation works.

(2) The board may contract with the owner or owners of canals, reservoirs, dams, and other works purchased and in the course of construction for the completion of the works.

(3) A purchase, lease, or contract for purchase of any water, water rights, canals, reservoirs, reservoir sites, dam sites, irrigation works, or other property of any nature or kind or for the making or purchasing of surveys, maps, plans, estimates, and specifications or for the purchase of machinery for pumping plants or for the erection of buildings, aqueducts, and other structures necessarily used in connection with the pumping plants, for a price or rental in excess of $150,000 or 25% of the district's annual operation and maintenance budget, whichever is greater, may not be entered into by the district without the written consent or petition of at least a majority in number and acreage of the holders of title or evidence of title to the lands within the district or, if the purchase, lease, or contract substantially benefits a subdistrict in the district, by a majority in number and acreage of the holders of title or evidence of title to lands within the subdistrict. Any splitting or division of a purchase, lease, or contract with the purpose or intention of avoiding or circumventing the provisions of this section renders the divided or split contract or contracts void.
Mont. Code Ann. § 85-2-323 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-323
85-2-323 Request to modify suspension -- order
Status: in_force

85-2-323 . Request to modify suspension -- order. (1) A person or public agency may request that an order be modified or revoked. The request must contain allegations supported by substantial evidence showing that the criteria in 85-2-311 can be met for an application or a class of applications from the source. If not so supported, the department may reject the request without a hearing.

(2) The department may by order after a hearing modify or revoke any order made as provided in 85-2-321 and 85-2-322 upon such notice and in such manner as is reasonable under the circumstances.
Mont. Code Ann. § 85-7-1826 — MT Code / Title 85 / Chapter 7 / Part 18 / Section 85-7-1826
85-7-1826 Interpretation of provisions
Status: in_force

85-7-1826 . Interpretation of provisions. (1) Sections 85-7-1821 through 85-7-1826 are intended to supplement but not to repeal or to change in any way the procedure authorized by 85-7-1801 through 85-7-1807 in relation to changing the boundaries of irrigation districts.

(2) The term "owners" as used in 85-7-1821 through 85-7-1826 shall include any executor, administrator, trustee of an express trust, and the guardian of any ward.
Mont. Code Ann. § 85-2-302 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-302
85-2-302 Application for permit or change in appropriation right
Status: in_force

85-2-302 . (Temporary) Application for permit or change in appropriation right. (1) Except as provided in 85-2-306 and 85-2-369 , a person may not appropriate water or commence construction of diversion, impoundment, withdrawal, or related distribution works unless the person applies for and receives a permit or an authorization for a change in appropriation right from the department.

(2) The department shall adopt rules:

(a) for the preapplication meeting process pursuant to subsection (3)(b);

(b) that are necessary to determine whether or not an application is correct and complete, based on the provisions applicable to issuance of a permit under this part or a change in appropriation right pursuant to Title 85, chapter 2, part 4; and

(c) in compliance with Title 2, chapter 4.

(3) (a) The application must be made on a form prescribed by the department. The department shall make the forms available through its offices.

(b) Prior to filing the application, an applicant may participate in a preapplication meeting with the department to discuss the application process. During this meeting, the applicant and the department will discuss the technical analyses to be completed for the application and if the applicant or the department will complete the technical analyses. A preapplication meeting must be documented on a form provided by the department and included with the application.

(4) (a) Subject to subsection (4)(b), the applicant shall submit a correct and complete application. The determination of whether an application is correct and complete must be based on rules adopted under subsection (2) that are in effect at the time the application is submitted.

(b) If an application is for a permit to appropriate water with a point of diversion, conveyance, or place of use on national forest system lands, the application is not correct and complete under this section until the applicant has submitted proof of any written special use authorization required by federal law to occupy, use, or traverse national forest system lands for the purpose of diversion, impoundment, storage, transportation, withdrawal, use, or distribution of water under the permit.

(c) If an application is for a permit or change in appropriation right from a shared point of a diversion or through a shared means of conveyance, the application is not correct and complete until the applicant submits proof to the department that a written notice of the application was provided to each owner of an appropriation right sharing the point of diversion or means of conveyance. For purposes of this subsection (4), "conveyance" means a canal, ditch, flume, pipeline, or other constructed waterway.

(5) (a) The department shall notify the applicant of any defects in an application within:

(i) 15 business days of receipt of the application if the applicant has participated in a preapplication meeting; or

(ii) 30 business days of receipt of the application if the applicant has not participated in a preapplication meeting.

(b) The defects in an application must be identified by reference to the rules adopted under subsection (2).

(c) If the department does not notify the applicant of any defects within the time allowed in subsection (5)(a), the application must be treated as a correct and complete application.

(6) (a) An applicant shall submit a deficiency response to the defects identified in subsection (5)(a) within 120 days of the date of initial notification of the defects. If the applicant does not provide a deficiency response within 120 days, the application must be terminated.

(b) The department shall determine if the application is correct and complete or terminate the application within 30 days of receipt of a deficiency response. An application not terminated within 30 days of the deficiency response is considered correct and complete.

(7) Pursuant to 85-20-1902 , the provisions of this section do not apply within the exterior boundaries of the Flathead Indian reservation. (Terminates June 30, 2031--sec. 9, Ch. 244, L. 2023.)
Mont. Code Ann. § 85-2-903 — MT Code / Title 85 / Chapter 2 / Part 9 / Section 85-2-903
85-2-903 Definitions
Status: in_force

85-2-903 . Definitions. As used in this part, the following definitions apply:

(1) "Aquifer" means a water-bearing, subsurface formation capable of yielding sufficient quantities of water to a well for a beneficial use.

(2) "Ground water assessment steering committee" means the committee established by 2-15-1523 .

(3) "Ground water characterization program" means a program to systematically assess and document the hydrogeology and quality of the state's major aquifers.

(4) "Ground water characterization study" means the assessment of individual aquifers in specific areas within the state.

(5) "Ground water monitoring program" means a program to produce and maintain a long-term record of ground water chemistry and water level changes, based on information collected from a statewide network of observation wells.
Mont. Code Ann. § 85-7-2139 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2139
85-7-2139 Transfer of funds
Status: in_force

85-7-2139 . Transfer of funds. The board of commissioners shall have power to transfer money from any one fund to any other fund, except that no money shall be drawn from the sinking fund or construction fund, except as specifically provided in this chapter; provided, that no money in the United States contract fund shall ever be diverted to any other fund.
Mont. Code Ann. § 85-7-2109 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2109
85-7-2109 List of all lands in district or subdistrict to be prepared
Status: in_force

85-7-2109 . List of all lands in district or subdistrict to be prepared. Upon completing the determination, the board shall fix, by appropriate resolution or order, the total acreage and the irrigable acreage of each tract or subdivision and shall prepare a list of all lands in the district or subdistrict. The list must contain an accurate description of each 40-acre tract or fractional lot as designated by United States government survey or platted lot, if land is subdivided in lots and blocks (or whenever land is owned in less than 40-acre tracts or in less than the platted lot, then of each such tract) of land in the district or subdistrict, the total acreage and the number of irrigable acres as fixed and determined, and the name of the owner or holder of title or evidence of title, ascertained as provided in 85-7-101 and 85-7-102 . This list, when completed and adopted, must be filed in the office of the board and shall remain there for public inspection. A certified copy of the resolution and list must be filed with the county clerk and recorder of each county in which any portion of the lands in the district is situated. The lands not situated in the county in which the copy is filed must be omitted from the copy.
Mont. Code Ann. § 85-1-508 — MT Code / Title 85 / Chapter 1 / Part 5 / Section 85-1-508
85-1-508 Duties of the department
Status: in_force

85-1-508 . Duties of the department. The department has primary responsibility for supervision of any lease.
Mont. Code Ann. § 85-9-305 — MT Code / Title 85 / Chapter 9 / Part 3 / Section 85-9-305
85-9-305 Entry of dissolution order
Status: in_force

85-9-305 . Entry of dissolution order. (1) The court shall enter an order dissolving the district when it appears to the satisfaction of the court that:

(a) all obligations of the district have been discharged;

(b) all the costs of termination have been paid.

(2) A certified copy of the order shall be recorded by the clerk of the court in all counties in which the district was situated and filed with the secretary of state.
Mont. Code Ann. § 85-20-904 — MT Code / Title 85 / Chapter 20 / Part 9 / Section 85-20-904
85-20-904 Payment of settlement funds into escrow -- requirements for escrow agreement -- notice from attorney general
Status: in_force

85-20-904 . Payment of settlement funds into escrow -- requirements for escrow agreement -- notice from attorney general. (1) The department shall enter into an agreement with the Crow Tribe and, if necessary under federal or tribal law, the United States, selecting an escrow agent to hold any funds paid by the state prior to the time they become payable to the Crow Tribe under this section. When an escrow agent has been selected, the department shall negotiate the terms of an escrow agreement and any changes to the agreement authorized by law with the Crow Tribe, the escrow agent, and if necessary under federal or tribal law, the United States. The terms of the agreement must govern the holding of the funds paid pursuant to the settlement. The escrow agreement must provide that any costs and fees payable for the management of the escrow fund will be borne by the fund, that the funds placed in the escrow account will be invested and held at interest in trust for the Crow Tribe, and that, except as provided in subsection (4), the contents of the fund will become payable to the order of the Crow Tribe only upon the occurrence of all of the following conditions:

(a) the compact has been approved by the Congress of the United States in a form satisfactory to the commission;

(b) the compact has been approved by the Crow Tribe in the manner provided by federal and tribal law, including approval of any tribal referendum presently or later required by federal or tribal law;

(c) the compact has been approved by the Montana water court for inclusion in the final decrees in all affected basins, and the order of approval has been affirmed on appeal or the time for appeal from the water court's approval has expired; and

(d) the Crow Tribe and the United States have furnished releases, pleadings, and proposed orders, in forms acceptable to the attorney general, with respect to all claims, including but not limited to claims for costs and attorney fees, asserted in the civil action captioned Crow Tribe of Indians v. State of Montana et al., Cause No. CV-78-110-BLG-JDS (D. Mont.), or any appeal pending in that action.

(2) Within 20 days after all conditions set forth in subsections (1)(a) through (1)(d) have been satisfied, the attorney general shall provide written notice of the satisfaction of the conditions to the escrow agent. The escrow agreement must provide that upon receipt of the written notice provided in this section, the escrow agent shall pay the funds in escrow to the order of the Crow Tribe. This section does not preclude the Crow Tribe from entering into an agreement with the escrow agent or any other entity for the holding of the funds in trust for the Crow Tribe for a period in excess of that provided in this section.

(3) The escrow agreement must provide that in the event the conditions set forth in subsection (1) do not occur within any time limits set in the compact, as those limits may be extended pursuant to the compact by agreement of the parties and the approval of the legislature, or if any party to the compact terminates the compact as provided in the compact prior to payment of the funds to the Crow Tribe as provided in subsection (2), the principal and any interest remaining in the escrow fund will revert to the state.

(4) The escrow agreement must provide that interest earned on the escrow fund for each fiscal year, up to a maximum of $650,000 in any fiscal year, must be paid to the Crow Tribe for its use for the purposes set forth in section VI.A.4 of the compact. Any interest in excess of $650,000 in any fiscal year must remain in the escrow account to be managed as provided in subsection (1) and dispersed as provided in subsection (2) or (3).
Mont. Code Ann. § 85-7-1437 — MT Code / Title 85 / Chapter 7 / Part 14 / Section 85-7-1437
85-7-1437 Notice of sale of bonds
Status: in_force

85-7-1437 . Notice of sale of bonds. (1) Except as provided in subsection (2), the notice of sale of bonds required by 85-7-1436 for bonds sold publicly must be published once at least 5 days prior to such sale:

(a) in a newspaper of general circulation in the county in which the office of the issuer is located; and

(b) in a financial newspaper in New York, Chicago, or San Francisco.

(2) If the bond issue is in an amount of less than $150,000, the bond issue must be advertised at least 5 days prior to sale in a newspaper of general circulation throughout the state of Montana.
Mont. Code Ann. § 85-2-522 — MT Code / Title 85 / Chapter 2 / Part 5 / Section 85-2-522
85-2-522 Aquifer tests
Status: in_force

85-2-522 . Aquifer tests. (1) Aquifer tests required by a state agency must be forwarded by the agency to the bureau.

(2) Except as provided in subsection (3), the aquifer test report must be filed on a form specified by the department in consultation with the department of environmental quality and the bureau.

(3) The bureau may allow submission of an aquifer test report in an electronic format if it meets the requirements for the form provided for in subsection (2).
Mont. Code Ann. § 85-7-303 — MT Code / Title 85 / Chapter 7 / Part 3 / Section 85-7-303
85-7-303 Establishment of district
Status: in_force

85-7-303 . Establishment of district. Whenever the owners of land and water rights, situated as described in 85-7-302 , desire to organize for the purposes mentioned in this part, such owners may propose the establishment and organization of an irrigation district under the provisions of this chapter, except part 2, insofar as such laws are applicable hereto and not in conflict with the purposes and provisions of this part.
Mont. Code Ann. § 85-8-613 — MT Code / Title 85 / Chapter 8 / Part 6 / Section 85-8-613
85-8-613 Assessments against certain corporations
Status: in_force

85-8-613 . Assessments against certain corporations. Assessments against all public corporations or any private corporation not owning land within the district shall be payable to the county treasurer wherein the court having jurisdiction of the district is located, on or before September 1 of each year.
Mont. Code Ann. § 85-8-361 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-361
85-8-361 Contracts
Status: in_force

85-8-361 . Contracts. In all cases when the work to be done at any one time under the direction of the commissioners will, in their opinion, cost more than $15,000, the work must be awarded to the lowest responsible bidder. The commissioners shall advertise for sealed bids, by notice published in a newspaper published in the county in which the petition is filed, and may advertise in one or more newspapers published elsewhere. If there is no newspaper published in the county in which the petition is filed, the commissioners shall advertise in a newspaper published in an adjoining county. The notice must specify the time and place when and where the bids advertised will be opened, the kind of work to be contracted for, and the terms of payment. The commissioners may award contracts if in their judgment the contracts are necessary and shall reserve the right to reject any and all bids.
Mont. Code Ann. § 85-20-1008 — MT Code / Title 85 / Chapter 20 / Part 10 / Section 85-20-1008
85-20-1008 Economic development plan
Status: in_force

85-20-1008 . Economic development plan. (1) The DNRC is directed to facilitate development of an economic development plan focused on future use of water and currently irrigated land, including but not limited to use of water and irrigated land for irrigation, industrial, recreational, fisheries, and habitat purposes in the Milk River basin.

(2) The Milk River regional feasibility study examines alternative measures for mitigation of impacts of development of the tribal water right for the purpose of determining feasibility and environmental impact. The purpose of the economic development plan is to supplement the federal studies and provide information to assist in choosing mitigation measures by examining the long-term economic potential of water use in the Milk River basin.

(3) At a minimum, the DNRC shall include irrigation districts, individual irrigators, conservation districts, county governments, and municipalities in the development of the economic development plan.
Mont. Code Ann. § 85-7-1618 — MT Code / Title 85 / Chapter 7 / Part 16 / Section 85-7-1618
85-7-1618 Custody and disbursement of funds
Status: in_force

85-7-1618 . Custody and disbursement of funds. The county treasurer of the county in which the office of the board is established is the custodian of all funds made available for the use of the board, and the county treasurer shall pay out the funds upon the order of the board. The orders must be signed by the secretary or treasurer of the board of control and countersigned by the president or, in the president's absence, by the vice president of the board of control. The board funds must be kept separate and distinct from all other county funds. The county treasurer to whom board funds are entrusted is liable on the treasurer's bond for the safekeeping of the funds.
Mont. Code Ann. § 85-9-209 — MT Code / Title 85 / Chapter 9 / Part 2 / Section 85-9-209
85-9-209 Reimbursement of expenses of organizing election
Status: in_force

85-9-209 . Reimbursement of expenses of organizing election. If organized, the district shall reimburse the county or counties for the expenses incurred in the organizing election. The costs of conducting the preliminary and feasibility studies shall be considered costs of construction of an approved project and shall be included in determination of the repayment schedules by the directors of the district.
Mont. Code Ann. § 85-1-305 — MT Code / Title 85 / Chapter 1 / Part 3 / Section 85-1-305
85-1-305 Use of trust indenture to secure bonds
Status: in_force

85-1-305 . Use of trust indenture to secure bonds. In the discretion of the department, a series of the bonds may be secured by a trust indenture by and between the department and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the state. Each trust indenture or an executed counterpart must be filed in the office of the secretary of state. The filing of a trust indenture or an executed counterpart in the office of the county clerk of the county in which the property covered by the trust indenture is located is constructive notice of its contents to all persons from the time of the filing, and the recording of the trust indenture or its contents is not necessary.
Mont. Code Ann. § 85-20-1505 — MT Code / Title 85 / Chapter 20 / Part 15 / Section 85-20-1505
85-20-1505 Blackfeet Tribe water rights compact infrastructure account -- use
Status: in_force

85-20-1505 . Blackfeet Tribe water rights compact infrastructure account -- use. (1) There is an account within the state special revenue fund called the Blackfeet Tribe water rights compact infrastructure account. The department shall administer the account.

(2) The Blackfeet Tribe water rights compact infrastructure account may be used only for water-related infrastructure projects within the exterior boundaries of the Blackfeet Indian reservation.

(3) Funds from this account may not be disbursed unless a water rights compact among the Blackfeet Tribe, the state, and the United States has been finally ratified by the legislature, the Congress of the United States, and the Blackfeet Tribe.

(4) All interest and other income earned on money in the account must be deposited in the account.

(5) All proceeds of the bonds authorized in 85-20-1511 must be deposited in a bond proceeds subaccount established in the Blackfeet Tribe water rights compact infrastructure account.

(6) Subject to subsection (3), money in the Blackfeet Tribe water rights compact infrastructure account, including the proceeds of the bonds authorized in 85-20-1511 deposited in the bond proceeds subaccount, is statutorily appropriated, as provided in 17-7-502 , to the department of natural resources and conservation for the purpose of funding the state's portion of the cost of the Four Horns Project as provided for in the agreement between the Blackfeet Tribe of the Blackfeet Indian reservation and the state of Montana regarding Birch Creek water use, dated January 31, 2008, as may be amended.
Mont. Code Ann. § 85-3-206 — MT Code / Title 85 / Chapter 3 / Part 2 / Section 85-3-206
85-3-206 Permits -- requirements and hearing
Status: in_force

85-3-206 . Permits -- requirements and hearing. (1) The permits must be issued in accordance with procedures and subject to conditions that the department may by rule establish to effectuate this chapter.

(2) Within 30 days after completion of the report required under 85-3-202 , the department shall hold a hearing under Title 2, chapter 4, part 6, to determine whether to grant, conditionally grant, or deny the application for a permit. The department may not grant or conditionally grant an application unless all requirements of this section are satisfied and the applicant establishes by a preponderance of the evidence that the following criteria have been met:

(a) the applicant is licensed pursuant to this chapter;

(b) sufficient notice of intention has been published;

(c) an applicant has furnished proof of financial responsibility in an amount to be determined by the department as required in 85-3-211 ;

(d) the fee for the permit has been paid as required in 85-3-212 and the department's costs incurred under 85-3-202 have been paid;

(e) the weather modification and control activities to be conducted have been determined by the department to be for the general welfare and the public good. That determination must be based on a finding of whether the operation:

(i) is reasonably conceived to improve water quantity or quality, reduce loss from weather hazards, provide economic benefits for the people of Montana, or advance scientific knowledge;

(ii) is designed to include adequate safeguards to minimize or avoid possible damage to the public health, safety, and welfare and to the environment; and

(iii) will adversely affect another operation for which a permit has been issued.

(3) The department may determine not to hold a public hearing only if after giving notice of a hearing, no person files a notice of intent to appear at the hearing to contest the issuance of a permit. If a hearing is not held, the department may grant or conditionally grant a permit based on the information contained in the application and the department's report.

(4) Costs incurred by the department in holding a hearing under subsection (2) must be paid by the applicant.
Mont. Code Ann. § 85-7-1831 — MT Code / Title 85 / Chapter 7 / Part 18 / Section 85-7-1831
85-7-1831 Withdrawal of lands to organize separate or consolidated district for cooperation with federal projects -- petition
Status: in_force

85-7-1831 . Withdrawal of lands to organize separate or consolidated district for cooperation with federal projects -- petition. (1) Whenever the holders of title or evidence of title to a part of the lands of an irrigation district organized and existing under the provisions of 85-7-101 through 85-7-103 , which lands lie within and are served by an irrigation and/or drainage project constructed, operated, and maintained by the United States, desire a separation of said lands from said irrigation district for the purpose of forming a new district or combining with another existing district in order to cooperate with the United States as provided in 85-7-101 through 85-7-103 , said separation, organization of a new district or combination with another existing district may be effected by petitioning the district court of the county in which the lands of the district or the greater portion thereof are situated for an order or decree changing the boundaries of the district by the elimination therefrom of such lands and their incorporation in another existing district or in a new and separate district.

(2) Such changes shall not otherwise impair or affect the organization of the district now including said lands or its rights in or to property or any of its rights or privileges of whatsoever kind or nature, nor shall it affect, impair, or discharge any contract, obligation, lien, or charge for or upon which it was or might become liable or chargeable had such changes not been made.
Mont. Code Ann. § 85-6-104 — MT Code / Title 85 / Chapter 6 / Part 1 / Section 85-6-104
85-6-104 Assessment of shares of stock
Status: in_force

85-6-104 . Assessment of shares of stock. The assessable stock of any such water users' association may at the time of any assessment made, after the major portion of such irrigation project is completed and the irrigable area thereunder determined, be one share for each irrigable acre, and appropriate bylaws of the association may provide for the discharge of assessments levied on stock appurtenant to lands then determined to be nonirrigable.
Mont. Code Ann. § 85-2-703 — MT Code / Title 85 / Chapter 2 / Part 7 / Section 85-2-703
85-2-703 Negotiation with federal government
Status: reserved

85-2-703 . Negotiation with federal government. The compact commission may also enter into separate negotiations with the federal government for the conclusion of compacts concerning the equitable division and apportionment of water between the state and its people and the federal government claiming non-Indian reserved waters within the state. The terms and conditions of such negotiations shall be the same as provided in this section for negotiations with Indian tribes.
Mont. Code Ann. § 85-1-609 — MT Code / Title 85 / Chapter 1 / Part 6 / Section 85-1-609
85-1-609 Eligibility for a loan or grant to a private person
Status: in_force

85-1-609 . Eligibility for a loan or grant to a private person. The department may not award a grant or loan to a private person unless the department finds, based on the application and the department's investigation and evaluation of the proposal, that:

(1) the proposed water-related project:

(a) will promote, enhance, or advance the purpose, policies, and objectives of the renewable resource grant and loan program;

(b) will be constructed, developed, and operated within the state of Montana;

(c) will be economically feasible. (A project is economically feasible if the project benefits exceed the project costs. The department shall consider only quantifiable benefits and costs in calculating economic feasibility.)

(d) will be an efficient use of natural resources, including water, energy, land, and air. (An efficient use is one that minimizes waste.)

(e) will provide multipurpose facilities to the extent practicable;

(f) will comply with statutory and regulatory standards protecting the quality of resources such as air, water, land, fish, wildlife, and recreational opportunities;

(g) will provide associated public benefits in addition to any private benefits the project may provide; and

(h) is needed to accomplish the purpose for which the project is proposed;

(2) the applicant has adequate financial resources to construct, operate, and maintain the project. The department shall consider financial resources from any source for which the applicant has qualified, including a renewable resource grant or loan.

(3) the applicant holds or can acquire all necessary lands, other than public lands, and interests in the lands and water rights necessary for the construction, operation, and maintenance of the proposed project;

(4) if the application is for a loan, the applicant is creditworthy and able and willing to enter into a contract with the department for loan repayment and construction or development of the proposed project; and

(5) if the application is for a grant, the applicant is able and willing to enter into a contract with the department for construction or development of the proposed project.
Mont. Code Ann. § 85-1-803 — MT Code / Title 85 / Chapter 1 / Part 8 / Section 85-1-803
85-1-803 Rulemaking
Status: in_force

85-1-803 . Rulemaking. The department may adopt rules necessary to implement and administer the leasing of project lands. These rules may include but are not limited to rules governing the:

(1) growing of crops or grazing of livestock;

(2) establishment of responsibility for a lessee to pay the assessment of taxes for weed control;

(3) acquisition and use of water on project lands;

(4) leasing of project lands, except for lease renewals and transfers, by competitive bidding and the establishment of bid procedures and bid deposits;

(5) process for giving notice and for cancellation, termination, and renewal of leases, including existing leases on project lands;

(6) general form of the lease and the form and conditions of a bond when the department considers a bond necessary;

(7) changes or modifications in lease conditions or lease use; and

(8) placement and removal of improvements directly related to the necessary use of the project lands.
Mont. Code Ann. § 85-7-1612 — MT Code / Title 85 / Chapter 7 / Part 16 / Section 85-7-1612
85-7-1612 Board of control -- powers and duties
Status: in_force

85-7-1612 . Board of control -- powers and duties. (1) The board of control established by this part is the operating agent of the contracting districts for the operation and maintenance of irrigation and/or drainage works and the delivery of water therefrom.

(2) The board shall make and execute all necessary contracts; employ and appoint such agents, officers, and employees as may be required; and prescribe their duties.

(3) The board may institute and maintain any and all actions and proceedings and suits at law or in equity, necessary or proper in order to fully carry out the provisions of this chapter or to enforce, maintain, protect, or preserve any and all rights, privileges, and immunities created by this part or acquired in pursuance thereof. In all courts, suits, or proceedings, the board may sue, appear, and defend in person or by its attorneys and in the name of such board of control.

(4) The board may adopt rules and bylaws governing the calling and holding of meetings of the board; the manner of transacting business thereat; and the publishing or posting of the orders, resolutions, and proceedings of the board. The board shall pass or adopt bylaws and rules for the apportionment and distribution of water to the lands of the contracting districts and for the protection and preservation of the works and other property of the districts. All orders and resolutions shall be passed or adopted by a majority of the members of the board of control by a "yea" and "nay" vote, to be entered upon the records of the board.

(5) The board of control may perform all other acts necessary or appropriate to fully carry out the purposes of this part.

(6) The board of control may plan, acquire, construct, operate, maintain, lease, or finance an undertaking through the issuance of revenue bonds, as provided in part 14 of this chapter.
Mont. Code Ann. § 85-8-411 — MT Code / Title 85 / Chapter 8 / Part 4 / Section 85-8-411
85-8-411 Appeals
Status: in_force

85-8-411 . Appeals. Appeals may be taken from the orders and judgments of the district court to the supreme court of the state of Montana in the same manner as appeals in other causes of action affecting the title to real property.
Mont. Code Ann. § 85-9-626 — MT Code / Title 85 / Chapter 9 / Part 6 / Section 85-9-626
85-9-626 Tax exempt status
Status: in_force

85-9-626 . Tax exempt status. Bonds issued under this chapter have the same force, value, and use as bonds issued by a municipality and are exempt from taxation as property within the state of Montana.
Mont. Code Ann. § 85-2-281 — MT Code / Title 85 / Chapter 2 / Part 2 / Section 85-2-281
85-2-281 Reporting requirements
Status: in_force

85-2-281 . (Temporary) Reporting requirements. The department and the water court shall:

(1) provide quarterly reports to the water policy interim committee in accordance with 5-11-210 on:

(a) the progress of the adjudication on a basin-by-basin basis;

(b) the number of basins for which examination was completed during the reporting period;

(c) the number and type of decrees issued in the preceding year and in each quarter of the current year and an update on summary reports in review;

(d) the number of claims resolved each month in the preceding year;

(e) the percentage of claims resolved by basin, limited to basins under active review by the water court, after issuance of a decree and passage of the deadline of the notices of intent to appear; and

(f) compact status describing compacts approved by the water court and pending compacts;

(2) include a status report on the adjudication in their presentation to the applicable appropriation subcommittees during each legislative session including the number of basins for which examination was completed during the reporting period; and

(3) provide a budget that outlines how each of the entities will be funded in the next biennium, including general fund money and state special revenue funds. (Terminates June 30, 2028--secs. 10, 11, Ch. 269, L. 2015.)
Mont. Code Ann. § 85-16-101 — MT Code / Title 85 / Chapter 16 / Part 1 / Section 85-16-101
85-16-101 Who may build wharves and docks
Status: in_force

85-16-101 . Who may build wharves and docks. Any person or persons owning land bordering upon any of the navigable waters within the state are granted a license and permit to build docks and wharves over, across, and upon the lands under water belonging to the state. Such docks and wharves shall be extended out into such navigable water such distance only as may be necessary to permit all boats, steamboats, and vessels to safely land thereat and discharge and take on their cargoes and passengers.
Mont. Code Ann. § 85-7-1433 — MT Code / Title 85 / Chapter 7 / Part 14 / Section 85-7-1433
85-7-1433 Liens arising from bonds
Status: in_force

85-7-1433 . Liens arising from bonds. The resolution authorizing the bonds must specify and define the revenues or portion of the undertaking's revenues that is appropriated and pledged for the security and payment of the bond principal and interest and the relative security of liens on the revenues in favor of bonds of one or more series or issues, whether issued concurrently or at different times.
Mont. Code Ann. § 85-2-419 — MT Code / Title 85 / Chapter 2 / Part 4 / Section 85-2-419
85-2-419 Salvaged water
Status: in_force

85-2-419 . Salvaged water. It is the declared policy of the state in 85-1-101 to encourage the conservation and full use of water. Consistent with this policy, holders of appropriation rights who salvage water may retain the right to the salvaged water for beneficial use. Except for a short-term lease pursuant to 85-2-410 , any use of the right to salvaged water for any purpose or in any place other than that associated with the original appropriation right must be approved by the department as a change in appropriation right in accordance with 85-2-402 and 85-2-436 , if applicable. Sale of the right to salvaged water must also be in accordance with 85-2-403 , and the lease of the right to salvaged water must be in accordance with 85-2-408 , 85-2-410 , or 85-2-436 .
Mont. Code Ann. § 85-7-2205 — MT Code / Title 85 / Chapter 7 / Part 22 / Section 85-7-2205
85-7-2205 Definition of irrigable land
Status: in_force

85-7-2205 . Definition of irrigable land. As used in this chapter, "irrigable land" means:

(1) land that can receive irrigation water and is classified as irrigable by the district or the United States government; or

(2) land decreed as taxable acreage under 85-7-1841 through 85-7-1845 .
Mont. Code Ann. § 85-1-606 — MT Code / Title 85 / Chapter 1 / Part 6 / Section 85-1-606
85-1-606 Grants and loans to private persons
Status: in_force

85-1-606 . Grants and loans to private persons. (1) To encourage the construction and development of water-related projects, the department may make grants and loans to private persons from funds appropriated from the natural resources projects state special revenue account established in 15-38-302 and may make loans to private persons from the renewable resource loan proceeds account.

(2) The department shall publicize the statutes and rules governing grants and loans to private persons for water-related projects, set and publicize application deadlines, and accept applications for grants and loans.

(3) The department shall review, evaluate, and select the water-related projects for which grants or loans may be awarded.
Mont. Code Ann. § 85-7-1418 — MT Code / Title 85 / Chapter 7 / Part 14 / Section 85-7-1418
85-7-1418 Authorization for undertaking and issuance of bonds
Status: in_force

85-7-1418 . Authorization for undertaking and issuance of bonds. (1) The acquisition, construction, or improvement of any undertaking may be authorized under this part.

(2) Bonds may be authorized to be issued under this part by resolution of the governing body of the issuer without an election.
Mont. Code Ann. § 85-15-115 — MT Code / Title 85 / Chapter 15 / Part 1 / Section 85-15-115
85-15-115 Purpose
Status: in_force

85-15-115 . Purpose. (1) The legislature finds that dams provide a variety of benefits to the state of Montana. These benefits include the regulation of streamflows for flood control; water storage for irrigation, for municipal, industrial, and stock water consumption, and for hydropower generation; improved opportunities for flatwater recreation; and improved fisheries. Additionally, dams play a crucial role in maintaining the vitality of Montana's economy. The state therefore has a legitimate and compelling interest in encouraging the construction of dams that conform to the water storage policy provided in 85-1-703 .

(2) The legislature further finds that one impediment to the construction of new dams is the potential liability associated with dam construction and operation. The legislature understands the inherent risks to public safety associated with dam construction and operation but finds that compliance with the Montana Dam Safety Act reduces those risks to an acceptable level.
Mont. Code Ann. § 85-7-107 — MT Code / Title 85 / Chapter 7 / Part 1 / Section 85-7-107
85-7-107 Court decision -- appointment of commissioners
Status: in_force

85-7-107 . Court decision -- appointment of commissioners. (1) (a) The court may make such changes in the proposed district as may be considered advisable or as fact, right, and justice may require. Land which is susceptible of irrigation from the same general source and by the same general system of works applicable to the other lands of the proposed district may not be excluded from the proposed district if the owner or owners of the lands file in the district court a written request that the lands be included.

(b) Lands which will not, in the judgment of the court, be benefited by irrigation from the works of the proposed district; which are already under irrigation; which have appurtenant water rights; or which can be irrigated from sources more feasible than the proposed district may not be included in the district unless the owner of such lands consents in writing to the inclusion.

(c) Notwithstanding the provisions of subsection (1)(b), whenever a district is formed to cooperate with the United States, lands previously irrigated and having appurtenant water rights may be included within the district boundaries if it appears to the court that the lands will be benefited by inclusion.

(d) All lands having appurtenant water rights, served by an irrigation works system supplying more than 10,000 acres, may, in the discretion of the court, be included in the proposed district upon petition by at least a majority, both in number and acreage, of the holders of title or evidence of title to the lands served by the irrigation system and having appurtenant water rights.

(e) Lands of the district need not be contiguous. The location of a particular tract in the proposed district is not a bar to exclusion.

(2) For purposes of including or excluding land from a proposed district, the court may subdivide any tract into 40-acre or smaller parcels.

(3) If, on final hearing, it is found by the court that the petition does not substantially comply with the requirements of this part or that the facts stated are not sustained by the evidence, the court shall dismiss the petition at the cost of the petitioners and make and enter an order to that effect. If it is found that the petition substantially complies with the requirements and that the facts stated are sustained by the evidence, the court shall make and enter an order:

(a) setting forth findings and allowing the petition;

(b) establishing the proposed district;

(c) giving accurate descriptions of the lands included within the proposed district;

(d) dividing the proposed district into three, five, or seven divisions, as may be advisable in view of the size of the district;

(e) appointing as commissioner one competent person for each division of the district having the qualifications as provided by 85-7-1501 .
Mont. Code Ann. § 85-20-402 — MT Code / Title 85 / Chapter 20 / Part 4 / Section 85-20-402
85-20-402 Accounting for federal funds
Status: in_force

85-20-402 . Accounting for federal funds. (1) There must be created those accounts that are necessary within the federal special revenue fund established under 17-2-102 for the purposes of this part.

(2) Federal funds deposited in the accounts and interest and earnings on the accounts must be used for the following purposes or to reimburse the state for expenditures incurred for the following purposes:

(a) establishment, administration, and enforcement of the Yellowstone controlled ground water area;

(b) inventory, sampling, reporting, and database management;

(c) provision for administrative costs and the cost of any study or any other necessary activity by the technical oversight committee; and

(d) any other necessary activity pursuant to this part.
Mont. Code Ann. § 85-2-360 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-360
85-2-360 Ground water appropriation right in closed basins
Status: in_force

85-2-360 . Ground water appropriation right in closed basins. (1) An application for a ground water appropriation right in a basin closed pursuant to 85-2-319 , 85-2-321 , 85-2-330 , 85-2-336 , 85-2-341 , 85-2-343 , or 85-2-344 must be accompanied by a hydrogeologic report conducted pursuant to 85-2-361 , an aquifer recharge or mitigation plan if required, and an application for a change in appropriation right or rights if necessary.

(2) The department shall use the hydrogeologic report to determine if the proposed appropriation right could result in a net depletion of surface water.

(3) (a) For the purposes of 85-2-360 through 85-2-362 , the prediction of net depletion does not mean that an adverse effect on a prior appropriator will occur or if an adverse effect does occur that the entire amount of net depletion is the cause of the adverse effect. A determination of whether or not there is an adverse effect on a prior appropriator as the result of a new appropriation right is a determination that must be made by the department based on the rate, location, and timing of the net depletion that causes the adverse effect relative to the historic beneficial use of the appropriation right that may be adversely affected.

(b) The department may not consider an adverse effect caused by the grant of an application pursuant to this section on any water right listed on a written consent to approval filed pursuant to 85-2-311 .

(c) The department may grant a permit for a new appropriation only if the applicant proves by a preponderance of the evidence that the adverse effect would be offset through an aquifer recharge or mitigation plan that meets the requirements of 85-2-362 .
Mont. Code Ann. § 85-5-103 — MT Code / Title 85 / Chapter 5 / Part 1 / Section 85-5-103
85-5-103 Oath and bond
Status: in_force

85-5-103 . Oath and bond. Each water commissioner appointed by the court shall subscribe and file with the clerk of the district court an oath of office before commencing the discharge of duties as commissioner and shall file with the clerk a bond executed by the commissioner, with two or more sureties, in a sum that the judge of the court may designate, to ensure the faithful discharge of the commissioner's duties.
Mont. Code Ann. § 85-7-105 — MT Code / Title 85 / Chapter 7 / Part 1 / Section 85-7-105
85-7-105 Order and notice of hearing on petition
Status: in_force

85-7-105 . Order and notice of hearing on petition. (1) On such petition being filed, the district court or judge thereof shall make an order fixing the time and place of hearing on the petition and directing that notice thereof be given. Thereupon the clerk of said court shall cause to be published at least once a week for 2 successive calendar weeks in some newspaper published in the county where the petition is filed a copy of such petition, together with a notice stating the time and place fixed by the district court when and where the hearing on said petition will be had. If any portion of the lands within the proposed district lies within any other county or counties, then said petition and notice shall be published as above provided in a newspaper published in each such other county. If there be no newspaper published in such county, said petition and notice may be published in an adjoining county.

(2) The first publication of said petition and notice shall be not less than 30 days prior to the time mentioned in said notice for said hearing.

(3) If any holder of title or evidence of title to lands within the proposed district is a nonresident of the county or counties in which the proposed district lies, the clerk of said court shall, within 3 days after the first publication aforesaid, mail a copy of said petition and notice to each such nonresident whose post-office address is stated in said petition.

(4) The certificate of the clerk of the district court, under the seal of the court, as to the facts of the publishing and mailing of said petition and notice, affixed to a copy of said notice, shall be sufficient evidence of such facts.
Mont. Code Ann. § 85-1-206 — MT Code / Title 85 / Chapter 1 / Part 2 / Section 85-1-206
85-1-206 Construction of works by department
Status: in_force

85-1-206 . Construction of works by department. (1) The department may construct works, with the cost of the construction to be paid wholly by means of or with the proceeds of revenue bonds or of a grant or loan to aid in financing the construction from the United States or any instrumentality or agency of the United States and other funds provided for the construction. Before constructing a project, the department shall estimate the cost of the project, the cost of operation and maintenance, and the revenue to be derived from the operation of the project. A project may not be constructed unless, according to the estimates, the revenue to be derived will be sufficient to pay the cost of operation and maintenance and the principal and interest of loans or revenue bonds issued for the cost of the project. In connection with the issuance of revenue bonds, the failure of the department to make the estimates required by this section or to make them in proper form does not affect the validity or enforceability of the bonds or of the trust indenture, resolution, or other security for the bonds.

(2) If the bid of the lowest responsible bidder on any capital improvement associated with public works exceeds the department estimates of the cost of the improvements by more than 5%, the department shall obtain approval from the water users' association, whenever an association is involved, before the bid is accepted. Capital improvements of an emergency nature necessary to protect life or property or to supply immediate needs for water do not require approval of the water users' association.

(3) A purpose of this chapter is to meet, so far as possible, a statewide need for the conservation and use of water through the construction and operation of projects. The projects to be constructed must qualify as parts of the statewide program and must be approved by the department upon the showing of prospective ability to meet, through the sale of water or other services, the cost of operation and maintenance and the principal and interest of loans and revenue bonds issued to finance the construction. The failure to determine the prospective ability of a project does not affect the validity or enforceability of the bonds or of the trust indenture, resolution, or other security for the bonds.
Mont. Code Ann. § 85-3-212 — MT Code / Title 85 / Chapter 3 / Part 2 / Section 85-3-212
85-3-212 Permit fee
Status: in_force

85-3-212 . Permit fee. The fee to be paid by each applicant for a permit must be equivalent to 1% of the estimated cost of the operation, the estimated cost to be computed by the department from the evidence available to it. The fee is due and payable to the department as of the date of issuance of the permit. However, if the applicant is able to give satisfactory security for the payment of the balance, the applicant may be permitted to commence the operation and a permit may be issued upon the payment of not less than 50% of the fee. The balance due must be paid within 3 months from the date of termination of the operation as prescribed in the permit.
Mont. Code Ann. § 85-1-204 — MT Code / Title 85 / Chapter 1 / Part 2 / Section 85-1-204
85-1-204 Department powers over state water
Status: in_force

85-1-204 . Department powers over state water. (1) The department may sell, lease, and otherwise dispose of water impounded under this chapter. The water may be sold for the purpose of irrigation, development of power, watering of stock, or other purposes. The department may also lease water under the state water leasing program established under the provisions of 85-2-141 . To the extent that it may be necessary to carry out this chapter and subject to compliance with the other provisions of this chapter, the department has full control of all the water of the state not under the exclusive control of the United States and not appropriated for private use. The department shall take the necessary actions to appropriate and conserve the water for the use of the people. The authority of the department conferred by this chapter extends and applies to rights to the natural flow of the water of this state that it may acquire by condemnation pursuant to Title 70, chapter 30, or by purchase, exchange, appropriation, or agreement.

(2) For the purpose of regulating the diversion of water, the department may enter upon the means and place of use of all appropriators for making surveys of respective rights and seasonal needs.

(3) The department may take into consideration the decrees of the courts of this state having jurisdiction that purport to adjudicate the water of a stream or its tributaries. A fair, reasonable, and equitable reconciliation must be made between the claimants asserting rights under different decrees and between decreed rights and asserted rights of appropriation not adjudicated by a court.

(4) The department may hold hearings relating to the rights of respective claimants after first giving the notice that it considers appropriate. The department shall make findings of the date and quantity of appropriation and use of all claimants that the department recognizes and observes in diverting the water that the department is appropriated. The department may measure and distribute the water to the holder of the recognized appropriation right under agreed-upon terms.

(5) The department, when engaged in controlling and dividing the natural flow of a stream under the authority granted by this chapter, is exercising a police power of the state, and water commissioners appointed by any court may not deprive the department of any of the water appropriated or administered under agreement with respective water right holders. The holder of a prior right who contends that the department is not recognizing and respecting the appropriation may resort to a court for the purpose of determining whether or not the rights of the claimant have been invaded, and the department shall observe the terms of the final decree.

(6) When the department impounds or acquires the right of appropriation of the water of a stream, it may divert or authorize the diversion at a point on the stream or a portion of the stream when it is done without injury to a prior appropriator.
Mont. Code Ann. § 85-7-1702 — MT Code / Title 85 / Chapter 7 / Part 17 / Section 85-7-1702
85-7-1702 Election of commissioners -- term of office
Status: in_force

85-7-1702 . Election of commissioners -- term of office. (1) The election for commissioners in each district must be held annually in accordance with Title 13, chapter 1, part 5. The election may be at the district's annual meeting or on the date established in 13-1-504 (1).

(2) A person eligible to vote in the district may file a declaration of candidacy for the office of commissioner with the election administrator or deputy election administrator within the time period specified in 13-1-502 .

(3) Within 40 days following their election, the commissioners shall meet and organize as a board by electing a president from their number and a secretary, who may or may not be a commissioner, who shall each hold office at the pleasure of the board.

(4) Except as provided in 85-7-204 , the term of office of each commissioner begins on the date of the commissioner's election and continues for 3 years.

(5) Commissioners are elected by the electors of the entire district.
Mont. Code Ann. § 85-2-250 — MT Code / Title 85 / Chapter 2 / Part 2 / Section 85-2-250
85-2-250 Definition
Status: in_force

85-2-250 . Definition. For the purposes of 85-2-247 through 85-2-249 , "issue remark" means a statement added to an abstract of water right in a water court decree by the department or the water court to identify potential factual or legal issues associated with the claim. The term also includes "gray area remarks" that were the result of the verification process.
Mont. Code Ann. § 85-2-114 — MT Code / Title 85 / Chapter 2 / Part 1 / Section 85-2-114
85-2-114 Judicial enforcement
Status: in_force

85-2-114 . Judicial enforcement. (1) If the department ascertains, by a means reasonably considered sufficient by it, that a person is wasting water, using water unlawfully, preventing water from moving to another person having a prior right to use the water, or violating a provision of this chapter, it may petition the district court supervising the distribution of water among appropriators from the source to:

(a) regulate the controlling works of an appropriation as may be necessary to prevent the wasting or unlawful use of water or to secure water to a person having a prior right to its use;

(b) order the person wasting, unlawfully using, or interfering with another's rightful use of the water to cease and desist from doing so and to take steps that may be necessary to remedy the waste, unlawful use, or interference; or

(c) issue a temporary, preliminary, or permanent injunction to prevent a violation of this chapter. Notwithstanding the provisions of Title 27, chapter 19, part 3, a temporary restraining order must be granted if it clearly appears from the specific facts shown by affidavit or by the verified complaint that a provision of this chapter is being violated.

(2) Upon the issuance of an order or injunction, the department may attach to the controlling works a written notice, properly dated and signed, setting forth the fact that the controlling works have been properly regulated by it. The notice constitutes legal notice to all persons interested in the appropriation or distribution of the water.

(3) The department may also direct its own attorney or request the attorney general or county attorney to bring suit to enjoin the waste, unlawful use, interference, or violation.

(4) The county attorney or the attorney general may bring suit to enjoin the waste, unlawful use, interference, or violation or bring an action under 85-2-122 (1) without being requested to do so by the department.

(5) A county attorney who takes action pursuant to subsection (3) or (4) may request assistance from the attorney general.

(6) When enforcing the provisions of this section, the department, the county attorney, and the attorney general shall give priority to protecting the water rights of a prior appropriator under an existing water right, a certificate, a permit, or a state water reservation.

(7) After considering the provisions of subsection (6), the department may attempt to obtain voluntary compliance through warning, conference, or any other appropriate means before petitioning the district court under subsection (1). An attempt to obtain voluntary compliance under this subsection must extend over a period of at least 7 days and may not exceed 30 working days.

(8) Pursuant to 85-20-1902 , the provisions of this section do not apply within the exterior boundaries of the Flathead Indian reservation.

(9) The provisions of this section do not limit a water right owner from seeking relief, including injunctive relief, in district court under Title 27, chapter 19, or this chapter.