Mont. Code Ann. § 85-7-1922 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1922
85-7-1922 Regulation, supervision, apportionment, and control of water distribution
Status: in_force

85-7-1922 . Regulation, supervision, apportionment, and control of water distribution. (1) In addition to all other powers granted them by the laws of Montana, boards of commissioners of all irrigation districts organized under any law of this state may regulate, supervise, apportion, and control the furnishing and delivery of water through the distribution system of the district. The authority to regulate, supervise, apportion, and control does not apply to users who have water rights or ditch rights, established, acquired by court decree, use, appropriation or otherwise, at the time or prior to the organization of the district, without regard to whether the distribution system or a portion of the system belongs to the district or to the owner of lands served by the district.

(2) Notwithstanding the provisions of 85-7-1921 and the powers granted to the board of commissioners under subsection (1) of this section, the irrigation district is not required to:

(a) construct, operate, or maintain internal delivery systems; or

(b) divide irrigation water after the water is delivered to the established project delivery points.
Mont. Code Ann. § 85-2-608 — MT Code / Title 85 / Chapter 2 / Part 6 / Section 85-2-608
85-2-608 Certain changes of use allowed
Status: in_force

85-2-608 . Certain changes of use allowed. Notwithstanding any provision of this part, the department may approve a change of purpose of use to agricultural, irrigation, domestic, and municipal uses if it determines that the change is not contrary to the policies and purposes of this part.
Mont. Code Ann. § 85-3-423 — MT Code / Title 85 / Chapter 3 / Part 4 / Section 85-3-423
85-3-423 County budget waived for first appropriation -- conditions
Status: in_force

85-3-423 . County budget waived for first appropriation -- conditions. If an emergency condition requiring prompt expenditure occurs immediately after an authority has been created by resolution of the board of county commissioners and after certification of a mill levy by the authority, the county commissioners may appropriate, from money not otherwise appropriated in the general fund, money necessary to carry out the provisions of this part.
Mont. Code Ann. § 85-15-212 — MT Code / Title 85 / Chapter 15 / Part 2 / Section 85-15-212
85-15-212 Operating permit
Status: in_force

85-15-212 . Operating permit. (1) An operation plan must be prepared by the owner and approved by the department prior to operation of the high-hazard dam or reservoir. The operation plan must set forth at a minimum:

(a) a reservoir operation procedure;

(b) a maintenance procedure for the high-hazard dam and appurtenant works; and

(c) emergency procedures and warning plans.

(2) When construction is complete and if the high-hazard dam or reservoir conforms to the construction permit and when an operation plan has been approved, the department shall issue a permit to operate the high-hazard dam or reservoir, containing conditions on the safe operation of the high-hazard dam as it considers necessary.
Mont. Code Ann. § 85-7-204 — MT Code / Title 85 / Chapter 7 / Part 2 / Section 85-7-204
85-7-204 Election of board of trustees
Status: in_force

85-7-204 . Election of board of trustees. On the first Monday in March of each year after the creation of the district, a meeting of the water right owners of such district shall be called, time and place for such meeting to be published in at least two issues of the local paper prior to such meeting, and at such meeting a board of trustees of five members to serve for 1 year shall be elected by ballot.
Mont. Code Ann. § 85-2-221 — MT Code / Title 85 / Chapter 2 / Part 2 / Section 85-2-221
85-2-221 Filing of claim of existing water right -- filing late claim
Status: reserved

85-2-221 . Filing of claim of existing water right -- filing late claim. (1) A person claiming an existing right, unless provided for under 85-2-222 or unless an earlier filing date is ordered as provided in 85-2-212 , shall file with the department no later than June 30, 1983, a statement of claim for each water right asserted on a form provided by the department.

(2) The department shall file a copy of each statement of claim with the clerk of the district court for the judicial district in which the diversion is made or, if there is a claimed right with no diversion, the department shall file a copy of the statement of claim with the clerk of the district court of the judicial district in which the use occurs.

(3) Subject to certain terms and conditions, the legislature intends to provide for the remission of the forfeiture of existing rights to the use of water caused by the failure to comply with subsection (1). Accordingly, with respect only to a basin that has not been closed to further appropriation pursuant to a compact ratified by the legislature under part 7 of this chapter prior to July 1, 1993, a claim of an existing water right not filed with the department on or before April 30, 1982, may be filed with the department on or before July 1, 1996, on forms provided by the department. This section is not intended to prevent the filing of a late claim in addition to a claim of an existing water right filed on or before April 30, 1982, if and to the extent that the additional right claimed is not the same as the right that was the subject of a previous claim and is not an abandoned right. Claims must be physically submitted to the department or sent by United States mail, postmarked on or before the deadline set forth in this subsection, in order to be considered timely. The claims are then subject to adjudication by the district courts as any other claim of existing right. The claimant is then subject to all rights and obligations of any other party, except that:

(a) a late claim must be incorporated into the adjudication, subject to all proceedings that have taken place prior to the date of filing;

(b) the person filing a late claim may request that a decree previously entered be reopened or may object to matters previously determined on the merits by the water court only to the extent that the request or objection is otherwise authorized by law and is based on a claim of water right filed on or before April 30, 1982;

(c) a person filing a late claim does not have the right or standing to object to any water rights compact reached in accordance with part 7 of this chapter that is ratified by the legislature prior to July 1, 1993, except to the extent that right or standing to object exists based on a claim of water right filed on or before April 30, 1982, or to claim protection for the right represented in the late claim under any provision of such a compact that subordinates the use of a water right recognized in the compact to a right recognized under state law;

(d) if the water judge, following objection under 85-2-233 , finds that the right represented in the late claim was the subject of a prior order or decree by the water judge or is otherwise without merit, the water judge shall award costs and reasonable attorney fees to the person or persons filing the objection;

(e) a right represented in a late claim is subordinate to all federal and Indian reserved water rights established by compact or decree under this chapter;

(f) unless a late claim either was placed in the United States mail and postmarked on or before April 30, 1982, or, if there is no evidence of the date of mailing, there is evidence of execution on or before April 30, 1982, and actual receipt by the department on or before May 7, 1982, the right represented in the claim is, in addition, subordinate to:

(i) rights represented in all valid, timely filed claims; and

(ii) rights represented in a permit or reservation of water issued under this chapter if and to the extent that the person holding the permit or reservation files an objection under this part and proves that the person holding the permit or reservation reasonably relied to the detriment of the person holding the permit or reservation upon the failure of the claimant to file a claim on or before April 30, 1982.

(4) The department and the district courts may not accept any statements of claim physically submitted or postmarked after July 1, 1996, and shall notify a person who files a claim after July 1, 1996, that the claim will not be accepted.
Mont. Code Ann. § 85-9-410 — MT Code / Title 85 / Chapter 9 / Part 4 / Section 85-9-410
85-9-410 Condemnation authorized
Status: in_force

85-9-410 . Condemnation authorized. The district may exercise the right of eminent domain, as provided in Title 70, chapter 30, when the taking is necessary for the purposes of the district. Water rights are not subject to taking but may be taken as an incident to the condemnation of land to which the water rights are appurtenant when the taking of the land is the principal purpose of the condemnation.
Mont. Code Ann. § 85-7-2211 — MT Code / Title 85 / Chapter 7 / Part 22 / Section 85-7-2211
85-7-2211 Irrigation ditches -- duties relating to safety
Status: in_force

85-7-2211 . Irrigation ditches -- duties relating to safety. An irrigation district or private person or entity owning or operating irrigation diversions, aqueducts, canals, ditches, drains, flumes, headgates, siphons, or other water conveyance structures or infrastructure shall keep these structures and infrastructure in good general repair and condition. For the purpose of protecting persons and property from injury or damage, the irrigation district, private person, or entity has no duty to:

(1) erect fences or other security measures;

(2) install grates or other protective devices where conveyed water goes underground or under a bridge or other object; or

(3) prevent access to water conveyance structures or facilities by persons or animals.
Mont. Code Ann. § 85-7-1911 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1911
85-7-1911 Apportionment of water by board
Status: in_force

85-7-1911 . Apportionment of water by board. (1) The board of commissioners shall apportion the water for irrigation among the lands in the district or a subdistrict in the district in a just and equitable manner, and the maximum amount apportioned to any land shall be the amount that can be beneficially used on the land. The amount of water is appurtenant to the land and inseparable from it but subject to reduction as provided in this chapter.

(2) In the event of a shortage of water, the amount of water delivered to each particular tract or piece of land shall be reduced proportionately.

(3) All surplus water belonging to the district may be sold or disposed of by the board for the benefit of the district or for the benefit of a subdistrict if the surplus water is derived from water that attaches to the substantial benefit of the subdistrict.

(4) All water, the right to the use of which is acquired by the district under any contract with the United States, shall be distributed and apportioned by the district in accordance with the acts of congress, the rules and regulations of the secretary of the interior, and the provisions of the contract.
Mont. Code Ann. § 85-9-403 — MT Code / Title 85 / Chapter 9 / Part 4 / Section 85-9-403
85-9-403 Directors' powers -- conduct of business
Status: in_force

85-9-403 . Directors' powers -- conduct of business. On behalf of the district, the directors may:

(1) adopt an official seal;

(2) sue and be sued;

(3) provide for reimbursing of their members for actual expenses;

(4) merge with other special districts as hereinafter provided;

(5) call upon the county attorney or attorney general for such legal services as the district may require or, in the discretion of the directors, employ private legal counsel.
Mont. Code Ann. § 85-7-2101 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2101
85-7-2101 Tax or assessment to pay bonds and interest
Status: in_force

85-7-2101 . Tax or assessment to pay bonds and interest. (1) All bonds and the interest thereon issued under this chapter and all payments due or to become due to the United States under any contract between the district and the United States for which the bonds of the district have not been deposited with the United States as provided in 85-7-1906 must be paid by revenue derived from a special tax or assessment levied upon all the lands included in the district, or upon all lands in a subdistrict of the district if the bonds are issued by the district on behalf of the subdistrict, except upon those lands that have been included in the district or subdistrict on account of the exchange or substitution of water under the provisions of 85-7-1912 . All lands in the district, or in a subdistrict if the bonds are issued on behalf of the subdistrict, at the time the bonds are issued and all lands subsequently included which are chargeable under the provisions of this chapter remain liable to be taxed and assessed for the payment of the bonds and interest and all payments due or to become due to the United States under any contract between the district and the United States for which bonds of the district have not been deposited with the United States as provided in 85-7-1906 .

(2) The board of commissioners of the district, in the order or resolution authorizing and directing the issuance of bonds of the district mentioned in 85-7-2014 , shall provide for the annual levy and collection of a special tax or assessment upon all the lands included in the district, or in a subdistrict if the bonds are to be issued on behalf of the subdistrict, and subject to taxation and assessment, sufficient in amount to meet the interest on the bonds promptly when and as the interest accrues and to discharge the principal of the bonds at their maturity or respective maturities and to meet all payments due or to become due to the United States under any contract between the district and the United States for which bonds of the district have not been deposited with the United States as provided in 85-7-1906 , at the times the payments by the contract become due and payable.
Mont. Code Ann. § 85-7-412 — MT Code / Title 85 / Chapter 7 / Part 4 / Section 85-7-412
85-7-412 Dissolution of subdistrict
Status: in_force

85-7-412 . Dissolution of subdistrict. A subdistrict created under 85-7-404 may be dissolved by order of the district court of the county in which the greatest portion of lands of the subdistrict are located, in the manner provided for dissolution of irrigation districts in Title 85, chapter 7, part 10.
Mont. Code Ann. § 85-2-145 — MT Code / Title 85 / Chapter 2 / Part 1 / Section 85-2-145
85-2-145 Removal of natural obstruction to exercise water right -- consent or court ruling required
Status: in_force

85-2-145 . Removal of natural obstruction to exercise water right -- consent or court ruling required . (1) A person who owns a water right but cannot exercise the right because a natural obstruction on another person's property prevents the flow of the water shall, in writing, seek consent from the landowner to remove the natural obstruction.

(2) The water right owner may remove the natural obstruction if the landowner consents in writing and the water right owner complies with applicable laws and regulations.

(3) If the landowner does not consent in writing to the removal of the natural obstruction, the water right owner may seek a declaration from district court that the removal of the natural obstruction would not harm the landowner and is necessary for the water right owner to exercise the water right.

(4) In seeking a district court declaration, the water right owner shall:

(a) agree to pay all costs of the removal;

(b) show that the utility of the landowner's property would not be lessened;

(c) show that the landowner would not incur additional, uncompensated burdens from the removal of the natural obstruction; and

(d) agree to comply with applicable laws and regulations.

(5) The landowner may present evidence showing that the removal is not necessary for the water right owner to exercise the right or that the provisions of subsection (4) could not be met if the removal is permitted.

(6) The court shall determine if the removal of the natural obstruction:

(a) is necessary for the water right owner to exercise the right; and

(b) would meet the provisions of subsection (4).

(7) If the court permits the removal, the court may require any conditions to ensure that the provisions of subsection (4) are met.

(8) The court may award court costs and attorney fees.

(9) Removal of a natural obstruction under this section does not impair any existing right of the landowner.
Mont. Code Ann. § 85-7-404 — MT Code / Title 85 / Chapter 7 / Part 4 / Section 85-7-404
85-7-404 Review of petition -- creation of irrigation subdistrict
Status: in_force

85-7-404 . Review of petition -- creation of irrigation subdistrict. (1) After the hearing on the creation of the proposed subdistrict, the board of commissioners shall by resolution create the subdistrict if it finds that:

(a) the petition substantially complies with the provisions of 85-7-401 ; and

(b) it is in the best interests of the holders of title or evidence of title in the subdistrict and the district to establish the subdistrict.

(2) The board shall describe in the resolution the land to be included in the subdistrict. The land does not need to be contiguous but must be located within the district.

(3) In creating the subdistrict proposed by the petition, the board may alter the geographic area of the subdistrict or the scope or type of irrigation improvements to be undertaken in or for the benefit of the subdistrict, subject to the following conditions:

(a) The board may not include within the subdistrict land not identified by the petition as part of the proposed subdistrict unless notice and hearing on the addition are provided according to 85-7-402 and 85-7-403 .

(b) The board may not exclude land from the proposed subdistrict if:

(i) the land can be irrigated from the same general source and by the same general system of works proposed for other land in the subdistrict; and

(ii) the owner or owners of the land file a written statement with the board requesting that the land be included in the subdistrict.

(c) The board shall exclude land from the proposed subdistrict if it determines that:

(i) the land will not benefit from irrigation obtained from the works of the proposed subdistrict; or

(ii) the land has appurtenant water rights or can be irrigated from sources more feasible than the proposed subdistrict and the owner or owners of the land have not filed a written statement with the board consenting to inclusion of the land in the subdistrict.

(4) For purposes of including or excluding land from a proposed subdistrict, the board of commissioners may subdivide any tract into 40-acre or smaller parcels.

(5) The creation of a subdistrict by the board of commissioners is conclusive on all owners of land within the subdistrict unless, within 30 days after adoption by the board of the resolution establishing the subdistrict, a holder of title or evidence of title to land within the subdistrict petitions the district court of the county in which the greater portion of the proposed subdistrict is located, for review of the creation of the subdistrict. Upon the timely filing of a petition for review of the creation of the subdistrict, the district court shall conduct a hearing and shall issue a decision in substantially the same manner required for review of a petition for an irrigation district under 85-7-105 through 85-7-108 . The district court shall base its decision on whether the requirements of 85-7-401 through 85-7-403 and subsections (1) through (4) of this section have been met.

(6) A proceeding initiated in the district court for review of the validity of the bond issue or issues to finance the irrigation improvements to be undertaken in the subdistrict may be consolidated with a proceeding initiated under this section. Any indebtedness or liability incurred by the board of commissioners of the district with respect to or on behalf of a subdistrict, including bonds issued by the district, may not constitute a charge or lien on any land in the district except the land within the subdistrict.
Mont. Code Ann. § 85-2-305 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-305
85-2-305 Appropriation permit for reservoir
Status: in_force

85-2-305 . Appropriation permit for reservoir. A person intending to appropriate water by means of a reservoir shall apply for a permit as prescribed in this chapter.
Mont. Code Ann. § 85-8-619 — MT Code / Title 85 / Chapter 8 / Part 6 / Section 85-8-619
85-8-619 Assessments to have effect of judgment
Status: in_force

85-8-619 . Assessments to have effect of judgment. Each and every sum assessed for construction, for additional assessment, or for repairs against any land or against any corporation, as soon as such assessment is confirmed by the court, shall be and is declared to be a judgment of the district court in favor of said drainage district and against said land or corporation. Unless some other method of collection is herein provided, the judgment shall be collected in the same manner as any other money judgment is collected; provided, that whenever said assessment is a lien upon land, it shall only be collected out of said land on which it is a lien.
Mont. Code Ann. § 85-2-705 — MT Code / Title 85 / Chapter 2 / Part 7 / Section 85-2-705
85-2-705 Status reports to chief water judge
Status: reserved

85-2-705 . Status reports to chief water judge. (1) The Montana reserved water rights compact commission must submit to the chief water judge, appointed pursuant to 3-7-221 , a report on the status of its negotiations on July 1, 1985, and every 6 months thereafter.

(2) Each report must state which Indian tribes and federal agencies are engaged in negotiations, whether any negotiations with Indian tribes or federal agencies have been terminated, and the progress of negotiations on a tribe-by-tribe and agency-by-agency basis. The report must be made available to the public.
Mont. Code Ann. § 85-7-2012 — MT Code / Title 85 / Chapter 7 / Part 20 / Section 85-7-2012
85-7-2012 Purposes for which bonds may be issued
Status: in_force

85-7-2012 . Purposes for which bonds may be issued. The board of commissioners of a district established under the provisions of Title 85, chapter 7, part 1, may authorize and issue negotiable fully registered bonds or negotiable coupon bonds of the district for the purpose of providing the necessary funds for:

(1) constructing the necessary irrigation canals and works, including drainage works, and constructing works for the generation and distribution of electricity within the district and for acquiring the property and rights necessary therefor;

(2) acquiring, by purchase or otherwise, waters, water rights, canals, reservoirs, reservoir sites, irrigation works, drainage works, and works for the generation and distribution of electricity, whether the works are constructed or partially constructed;

(3) meeting the expenses incurred incident to the construction or acquisition of the works and property, including administrative, engineering, and legal expenses;

(4) assuming, as principal or guarantor, indebtedness to the United States on account of district lands;

(5) providing a sufficient amount of money to pay the interest on all bonds of the district for a period not exceeding 5 years;

(6) redeeming or paying all or any portion of the existing indebtedness of the district, evidenced by outstanding bonds; delinquent interest coupons, overdue claims for interest, and accrued interest; or warrants, together with all delinquent and accrued interest, whether the indebtedness has or may become payable at the option of the district, by consent of the bondholders, or by any other lawful means;

(7) establishing a reserve for the payment of principal and interest on bonds of the district in an amount determined by the board to be reasonably required to market the bonds; or

(8) otherwise carrying out the provisions of the irrigation district laws.
Mont. Code Ann. § 85-1-501 — MT Code / Title 85 / Chapter 1 / Part 5 / Section 85-1-501
85-1-501 Survey of power generation capacity
Status: in_force

85-1-501 . Survey of power generation capacity. The department shall study the economic and environmental feasibility of constructing and operating a small-scale hydroelectric power generating facility on each of the water projects under its control and shall periodically update those studies as the cost of the electrical energy increases. In determining whether small-scale hydroelectric generation may be economically feasible on a particular project, the department shall consider:

(1) the estimated cost of construction of a facility;

(2) the estimated cost of maintaining, repairing, and operating the facility;

(3) the estimated cost of tying into an existing power distribution channel;

(4) the ability of public utilities or rural electric cooperatives to lease and operate such a facility;

(5) the debt burden to be serviced;

(6) the revenue expected to be derived;

(7) the likelihood of a reasonable rate of return on the investment; and

(8) the potential impacts on water supply and streamflows.
Mont. Code Ann. § 85-5-201 — MT Code / Title 85 / Chapter 5 / Part 2 / Section 85-5-201
85-5-201 Distribution of water and related expenses
Status: in_force

85-5-201 . Distribution of water and related expenses. (1) Each water commissioner appointed by the judge of the district court for the purpose of distributing water has the authority to determine the appropriate quantity and distribute to the parties interested, under a decree, permit, certificate, or change in appropriation right, the water to which those who are parties to the decree or holders of a permit, certificate, or change in appropriation right, or privy to a permit, certificate, or change in appropriation right, are entitled, according to their priority as established by the decree, permit, certificate, or change in appropriation right.

(2) The water commissioner may incur necessary expenses in the making of headgates or dams for the distribution of the waters if the parties fail or refuse to do so. Expenses associated with making headgates or dams for the distribution of water must be assessed against and paid by the party or parties for whom the ditch or ditches were repaired or the dams or headgates were made. In the discretion of the court, the costs or expenses may be assessed against the land upon which or for the benefit of which the expense had been incurred.

(3) (a) At the district court's discretion, a water commissioner may bill water users prior to the beginning of a distribution season for the purpose of offsetting costs associated with distributing water and water commissioner duties by submitting the information necessary for the billing to the clerk of the district court. A billing issued prior to the beginning of a distribution season:

(i) must be assessed on a per-user basis;

(ii) must be based on the report provided for in 85-5-107 for the prior year; and

(iii) may not exceed 80% of the amount that was provided to the district court pursuant to 85-5-107 for the prior distribution season on a per-user basis.

(b) Upon receipt of the information from the water commissioner, the clerk of district court shall proceed as provided in 85-5-204 .
Mont. Code Ann. § 85-8-114 — MT Code / Title 85 / Chapter 8 / Part 1 / Section 85-8-114
85-8-114 Personal service of notice to confer jurisdiction
Status: in_force

85-8-114 . Personal service of notice to confer jurisdiction. Personal service of such notice on (or service by leaving at the last usual place of abode of) all owners of lands or easements or interest in lands within said district shall give the court complete jurisdiction, without posting, publication, or mailing of said notice.
Mont. Code Ann. § 85-7-2025 — MT Code / Title 85 / Chapter 7 / Part 20 / Section 85-7-2025
85-7-2025 Cancellation of unused bonds
Status: in_force

85-7-2025 . Cancellation of unused bonds. Any bonds which may have been authorized but which have not been sold or deposited as security for funds advanced or to be advanced and against which the state, United States, or any other person, firm, or corporation shall have no claim to or equity in may be canceled by the board of commissioners by appropriate resolution or order. After the cancellation of said bonds, the same shall not be sold or otherwise disposed of and shall be invalid and of no effect, and the board shall have no authority to replace such canceled bonds without an authorization from the members of the district similar to that which provided for their issuance.
Mont. Code Ann. § 85-1-624 — MT Code / Title 85 / Chapter 1 / Part 6 / Section 85-1-624
85-1-624 Authorization of bonds
Status: in_force

85-1-624 . Authorization of bonds. The board of examiners is authorized to issue and sell general obligation renewable resource bonds for the renewable resource grant and loan program created under Title 85, chapter 1, part 6, in accordance with the terms and conditions and in the manner provided in 85-1-617 from time to time and in amounts that, taking into consideration the principal amount of any renewable resource bonds then outstanding, will not cause the total aggregate principal amount of renewable resource bonds outstanding at any time to exceed $30 million.
Mont. Code Ann. § 85-7-1004 — MT Code / Title 85 / Chapter 7 / Part 10 / Section 85-7-1004
85-7-1004 Use of corporation to carry out dissolution plan
Status: in_force

85-7-1004 . Use of corporation to carry out dissolution plan. In carrying out such plan and proposition, a corporation may be organized under the general laws for the purpose of acquiring the assets of said district, including the irrigation system, if any, dams, reservoirs, canals, franchises, water rights, and other property, which corporation shall have all the powers, rights, and franchises of corporate bodies organized under general laws and in addition shall have such further power as may be necessary to possess and carry on said irrigation system and exercise such franchise and water rights.
Mont. Code Ann. § 85-15-213 — MT Code / Title 85 / Chapter 15 / Part 2 / Section 85-15-213
85-15-213 Periodic inspections after construction
Status: in_force

85-15-213 . Periodic inspections after construction. (1) (a) A high-hazard dam, whether or not previously permitted by the department, must be inspected as often as considered necessary by the department, but at least once every 5 years, in order to ensure the continued safe operation of the high-hazard dam.

(b) The department determination that an inspection is necessary more often than once every 5 years, as provided in subsection (1)(a), must be based on substantive evidence, and the reasons for that determination must be stated in writing.

(2) Periodic inspections required by this section must be performed by a qualified engineer, who shall make a report of the inspection to the department. If the department finds that the high-hazard dam conforms to current safety standards, it shall issue or reissue, as the case may be, a permit to continue operation of the high-hazard dam, containing conditions on the safe operation of the high-hazard dam as it considers necessary.

(3) The owner is responsible for inspections required under this section.
Mont. Code Ann. § 85-2-270 — MT Code / Title 85 / Chapter 2 / Part 2 / Section 85-2-270
85-2-270 Findings -- purpose
Status: in_force

85-2-270 . (Temporary) Findings -- purpose. (1) The purpose of 85-2-271 , 85-2-280 through 85-2-282 , and this section is to:

(a) complete claims examination and the initial decree phase;

(b) reexamine claims in basins that were verified and were not subject to the supreme court examination rules when the water court has received a petition and issued an order pursuant to 85-2-282 or the water court has issued an order on its own initiative; and

(c) ensure that the product of the adjudication is enforceable decrees.

(2) With adequate funding, it is realistic and feasible for the department to complete claims examination and reexamination of verified basins for which the water court has received a petition and issued an order pursuant to 85-2-282 or the water court has issued an order on its own initiative by June 30, 2015. It is also realistic and feasible for the water court to issue a preliminary or temporary preliminary decree by June 30, 2024, for all basins in Montana. (Terminates June 30, 2028--secs. 10, 11, Ch. 269, L. 2015.)
Mont. Code Ann. § 85-15-207 — MT Code / Title 85 / Chapter 15 / Part 2 / Section 85-15-207
85-15-207 Dams and reservoirs -- how constructed
Status: in_force

85-15-207 . Dams and reservoirs -- how constructed. No person may fill or procure to be filled with water any dam or reservoir that is not so thoroughly and substantially constructed as to safely hold any water that may be turned therein.
Mont. Code Ann. § 85-8-344 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-344
85-8-344 Alteration of boundaries
Status: in_force

85-8-344 . Alteration of boundaries. If the commissioners find that the proposed district, as described in the filed petition, will not embrace all of the lands, including improvements, that will be benefited by the proposed work or that it will include lands that will not be benefited and are not necessary to be included in said district for any purpose, they shall extend or contract the boundaries of the proposed district so as to include or exclude all such lands or improvements, as the case may be, and the boundaries adopted and reported by them, upon the hearing of their report, as hereinafter provided, upon their application or that of any person interested, may be altered by the court in such manner as shall appear to be just; provided, that the alteration of boundaries as aforesaid shall not have the effect of so far enlarging or contracting the proposed district as to render such petition void or dismissable. Said report shall be filed with the clerk of the court.
Mont. Code Ann. § 85-1-222 — MT Code / Title 85 / Chapter 1 / Part 2 / Section 85-1-222
85-1-222 Conformity to federal regulations authorized
Status: in_force

85-1-222 . Conformity to federal regulations authorized. For the purpose of obtaining financial aid from the United States of America, the department may adjust the plans and operation of a project, created under this chapter, to conform to the laws and regulations of the federal government and the supervision of any agency constituted under that authority and may exercise those powers whenever conferred.
Mont. Code Ann. § 85-7-402 — MT Code / Title 85 / Chapter 7 / Part 4 / Section 85-7-402
85-7-402 Notice of hearing on petition to create subdistrict
Status: in_force

85-7-402 . Notice of hearing on petition to create subdistrict. (1) Upon the filing of a petition to create a subdistrict, the board of commissioners of the irrigation district shall by order fix the time and place for a hearing on the petition and shall direct that notice of the hearing be given.

(2) The notice of the hearing must state:

(a) the name of the proposed subdistrict and its purpose;

(b) the time and place of the hearing;

(c) a general description of the land proposed to be included in the subdistrict;

(d) a general description of the water source; and

(e) the general character of the works, water rights, canals, and other property proposed to be acquired or constructed in or for the benefit of the subdistrict.

(3) The board shall publish notice of the hearing at least once a week for 2 successive weeks in a newspaper published in each county in which the proposed subdistrict is located. The first publication must occur not less than 15 days before the date of the hearing.

(4) Notice of the hearing must also be mailed not less than 15 days before the date of the hearing to each holder of title or evidence of title to land within the proposed subdistrict. However, a defect in the notice or failure to give mailed notice does not affect the validity of the proceeding for the creation of a subdistrict under 85-7-401 through 85-7-404 .
Mont. Code Ann. § 85-7-2105 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2105
85-7-2105 Cancellation of tax levy under certain conditions
Status: in_force

85-7-2105 . Cancellation of tax levy under certain conditions. Whenever the board of commissioners has provided for the payment of any indebtedness of the district by levy of a special tax or assessment and thereafter makes provision for the payment of said indebtedness by the issuance of bonds, said board may cancel any portion or all of said levy theretofore made to raise funds to pay said indebtedness. Whenever said board has provided for the payment of any indebtedness of the district by the authorization of bonds and the levy of a special tax or assessment to pay the principal of and interest on said bonds and thereafter cancels said issue of bonds as provided for in 85-7-2025 , said board may cancel any portion or all of said levy theretofore made to raise funds to pay the principal of or interest on said bonds so canceled and refund to the respective persons paying the same the funds, if any, in the custody of the county treasurer collected for the purpose of meeting the principal of and interest on such bonds so canceled.
Mont. Code Ann. § 85-2-248 — MT Code / Title 85 / Chapter 2 / Part 2 / Section 85-2-248
85-2-248 Resolution of issue remarks other than by objection
Status: in_force

85-2-248 . Resolution of issue remarks other than by objection. (1) In resolving issue remarks other than through the objection process provided for in 85-2-233 , the water court shall proceed as provided in this section.

(2) All issue remarks to claims that are not resolved through the filing of an objection as provided in 85-2-233 must be resolved as provided in this section.

(3) The water court shall review each factual or legal issue remark not resolved as a result of the filing of an objection to determine if information in the claim file or information obtained by the court provides a sufficient basis to resolve the identified issue remark or to determine if the issue remark can be corrected as a clerical error.

(4) If an issue remark cannot be resolved pursuant to subsection (3), the water court shall notify the claimant in writing that each factual or legal issue remark must be resolved as provided in this section.

(5) (a) The water court shall require the claimant to confer with the department in an informal effort to resolve any identified issue remarks.

(b) If an issue remark is resolved to the satisfaction of the department and the claimant, the claimant, with the assistance of the department, shall prepare and file any documents that are needed to support the resolution. The department shall file a separate memorandum with its recommendation regarding the disposition of any issue remarks involved in the proposed resolution.

(c) If an issue remark is not resolved, the department shall file a notice with the water court informing the water court that the issue remark was not resolved.

(6) The water court shall schedule proceedings to resolve all issue remarks that remain unresolved pursuant to subsections (2) through (5). All proceedings must include the department pursuant to 85-2-243 and any parties appearing in opposition to the claim, including the attorney general if the attorney general has intervened.

(7) (a) If an unresolved issue remark involves nonperfection or abandonment, the water court shall join the state of Montana through the attorney general as a necessary party to resolve the issue remark. The water court shall notify the attorney general of the joinder.

(b) Except as provided in subsection (7)(a), for any claim containing an issue remark that has not been resolved pursuant to subsections (2) through (5), the attorney general may intervene as a matter of right.

(c) The attorney general may adopt rules to implement the responsibilities and duties of the attorney general imposed by this section.

(8) The water court shall hold an evidentiary hearing on any issue remark that remains unresolved pursuant to subsections (2) through (7).

(9) If a claimant fails to appear at a scheduled evidentiary hearing or fails to comply with an order issued by the water court in its review of issue remarks, the water court, upon motion or its own initiative, may, in its ruling:

(a) amend the elements of the claim to conform with the information in the claim file;

(b) amend the elements in the claim to conform with information obtained by the court;

(c) remove the issue remark; or

(d) terminate the claim.

(10) Following the conclusion of the evidentiary hearing and the expiration of any posthearing briefing schedule, the water court shall render its written decision.

(11) Any proposal by the claimant to resolve an issue remark without an evidentiary hearing must be in writing, signed by each owner of the claim at issue, and filed with the water court with any supporting documentation.

(12) The water court's decision on each issue remark that it reviews pursuant to this section must be documented in a master's report or water judge's order. The water court shall modify the abstract of each claim in accordance with its written decision and remove any applicable issue remark.
Mont. Code Ann. § 85-7-2104 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2104
85-7-2104 Annual tax levy -- apportionment when tracts divided
Status: in_force

85-7-2104 . Annual tax levy -- apportionment when tracts divided. (1) (a) On or before the first Monday in August each year, the board of commissioners of each irrigation district organized under parts 1 and 15 shall ascertain:

(i) the total amount required to be raised in that year for the general administrative expenses of the district, including the cost of maintenance and repairs; and

(ii) the total amount to be raised that year for interest on and principal of the outstanding bonded or other indebtedness of the district for which bonds of the district have not been deposited with the United States as provided in 85-7-1906 .

(b) The board shall levy against 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 where land is owned in less than 40-acre tracts or in less than the platted lot, against each tract) in the district, that portion of the respective total amounts to be raised that the total irrigable area of any tract or lot bears to the total irrigable area of the lands in the district, so that each acre of irrigable land in the district is assessed and required to pay the same amount as every other acre of irrigable land in the district, unless otherwise specifically provided by the board. The board may also charge the administrative charge authorized in 85-7-2103 (1).

(c) Indebtedness under subsection (1) includes debt incurred under any contract between the district and the United States but excludes any indebtedness incurred by the district on behalf of a subdistrict.

(2) (a) On or before the first Monday in August each year, the board of commissioners of each irrigation district organized under parts 1 and 15 for which a subdistrict has been created pursuant to 85-7-404 shall determine the total amount to be raised that year for interest and principal payments on the outstanding bonded or other indebtedness of the district incurred on behalf of the subdistrict.

(b) The board shall levy against 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 where land is owned in less than 40-acre tracts or in less than the platted lot, against each tract) in the subdistrict, the portion of the total amount to be raised apportioned according to the ratio of the total irrigable area of the tract or lot to the total irrigable area of the lands in the subdistrict, so that each acre of irrigable land in the subdistrict is assessed and required to pay the same amount as every other acre of irrigable land in the subdistrict, unless otherwise specifically provided by the board. The board may also charge the administrative charge authorized in 85-7-2103 (1).

(3) If the ownership of any 40-acre tract or other subdivision of land in the district or subdistrict is divided after a special tax or assessment against the land has been levied, each of the owners of a tract or subdivision is entitled to have the special tax or assessment equitably apportioned to and against the divisions of the tract or subdivision, so that each owner is enabled to pay a special tax or assessment against the owner's portion of the tract or subdivision and have the land discharged from the lien. The charge against any separately owned tract of land may not be less than $5.

(4) The board of commissioners of an irrigation district or the board of county commissioners on behalf of a district may not levy property taxes as provided in Title 15, chapter 6, for district administration, operations, debt service, or any other district purpose.
Mont. Code Ann. § 85-5-403 — MT Code / Title 85 / Chapter 5 / Part 4 / Section 85-5-403
85-5-403 Division of water
Status: in_force

85-5-403 . Division of water. It shall be the duty of the water commissioner to divide the waters of said ditch between the owners, tenants in common, or stockholders in proportion to their respective rights, as set forth in the complaint or in such other manner or proportion as the court or judge may direct.
Mont. Code Ann. § 85-7-1432 — MT Code / Title 85 / Chapter 7 / Part 14 / Section 85-7-1432
85-7-1432 Presumptions of validity of bonds
Status: in_force

85-7-1432 . Presumptions of validity of bonds. (1) Bonds bearing the signatures of officers in office on the date of the signing of the bonds are valid obligations, notwithstanding that before the delivery of the bonds and payment for the bonds, any of the persons whose signatures appear on the bonds have ceased to be officers.

(2) The validity of the bonds is not dependent on the validity or regularity of any proceedings relating to the acquisition, construction, or improvement of the undertaking for which the bonds are issued.

(3) The resolution authorizing the bonds may provide that the bonds must contain a recital that they are issued pursuant to this part, which recital is conclusive evidence of their validity and of the regularity of the issuance.
Mont. Code Ann. § 85-2-124 — MT Code / Title 85 / Chapter 2 / Part 1 / Section 85-2-124
85-2-124 Costs and fees for environmental impact statements
Status: in_force

85-2-124 . Costs and fees for environmental impact statements. (1) Whenever the department determines that the filing of an application or a combination of applications for a permit or approval under this chapter requires the preparation of an environmental impact statement as prescribed by the Montana Environmental Policy Act and the application or combination of applications involves the use of 4,000 or more acre-feet per year and 5.5 or more cubic feet per second of water, the applicant shall follow the process and shall pay to the department the costs or fees for the environmental impact statement as provided in Title 75, chapter 1, parts 1 and 2. The payment of costs and fees for the environmental impact statement must be deposited in the state special revenue fund to be used by the department only to comply with the Montana Environmental Policy Act in connection with the application or applications.

(2) Costs or fees as prescribed by this section may not be assessed against an applicant for a permit or approval if the applicant has also filed an application for a certificate of compliance pursuant to the Montana Major Facility Siting Act and the appropriation or use of water involved in the application or applications for permit or approval has been or will be studied by the department pursuant to that act.

(3) Failure to submit the costs or fees as required by this section voids the application or applications.

(4) The department may in its discretion rely upon the environmental studies, investigations, reports, and assessments made by any other state agency or any person, including any applicant, in the preparation of its environmental impact statement.
Mont. Code Ann. § 85-2-234 — MT Code / Title 85 / Chapter 2 / Part 2 / Section 85-2-234
85-2-234 Final decree
Status: in_force

85-2-234 . Final decree. (1) The water judge shall, on the basis of the preliminary decree and any supplemental preliminary decree, on the basis of any hearing that may have been held, and on final resolution of all issue remarks, as defined in 85-2-250 , enter a final decree affirming or modifying the preliminary decree.

(2) The terms of a compact negotiated and ratified under 85-2-702 must be included in the final decree without alteration unless an objection is sustained pursuant to 85-2-233 . However, the court may not alter or amend any of the terms of a compact except with the prior written consent of the parties in accordance with applicable law.

(3) The final decree must establish the existing rights and priorities within the water judge's jurisdiction of persons who have filed a claim in accordance with 85-2-221 and 85-2-222 , of persons required to file a declaration of existing rights in the Powder River basin pursuant to an order of the department or a district court issued under sections 8 and 9 of Chapter 452, Laws of 1973, and of any federal agency or Indian tribe possessing water rights arising under federal law, required by 85-2-702 to file claims.

(4) The final decree must establish, in a form determined to be appropriate by the water judge, one or more tabulations or lists of all water rights and their relative priorities.

(5) The final decree must state the findings of fact, along with any conclusions of law, upon which the existing rights and priorities of each person, federal agency, and Indian tribe named in the decree are based.

(6) For each person who is found to have an existing right arising under the laws of the state of Montana, the final decree must state:

(a) the name and post-office address of the owner of the right;

(b) the amount of water included in the right, as follows:

(i) by flow rate for direct flow rights, such as irrigation rights;

(ii) by volume for rights, such as stockpond and reservoir storage rights, and for rights that are not susceptible to measurement by flow rate; or

(iii) by flow rate and volume for rights that a water judge determines require both volume and flow rate to adequately administer the right;

(c) the date of priority of the right;

(d) the purpose for which the water included in the right is used;

(e) the place of use and a description of the land, if any, to which the right is appurtenant;

(f) the source of the water included in the right;

(g) the place and means of diversion;

(h) the inclusive dates during which the water is used each year;

(i) any other information necessary to fully define the nature and extent of the right.

(7) For each person, tribe, or federal agency possessing water rights arising under the laws of the United States, the final decree must state:

(a) the name and mailing address of the holder of the right;

(b) the source or sources of water included in the right;

(c) the quantity of water included in the right;

(d) the date of priority of the right;

(e) the purpose for which the water included in the right is currently used, if at all;

(f) the place of use and a description of the land, if any, to which the right is appurtenant;

(g) the place and means of diversion, if any; and

(h) any other information necessary to fully define the nature and extent of the right, including the terms of any compacts negotiated and ratified under 85-2-702 .

(8) Clerical mistakes in a final decree may be corrected at any time on the initiative of the water judge or on the petition of any person who possesses a water right. The water judge shall order the notice of a correction proceeding that the judge determines to be appropriate to advise all persons who may be affected by the correction. An order of the water judge making or denying a clerical correction is subject to appellate review.
Mont. Code Ann. § 85-1-310 — MT Code / Title 85 / Chapter 1 / Part 3 / Section 85-1-310
85-1-310 Refunding revenue bonds
Status: in_force

85-1-310 . Refunding revenue bonds. The department may issue refunding revenue bonds under the provisions of Title 7, chapter 7, part 46. For this purpose, in Title 7, chapter 7, part 46, references to "governing body" mean the "department" and references to "municipality" mean the "department".
Mont. Code Ann. § 85-1-811 — MT Code / Title 85 / Chapter 1 / Part 8 / Section 85-1-811
85-1-811 Project lands lease and sales account
Status: in_force

85-1-811 . Project lands lease and sales account. There is established a project lands lease and sales account within the state special revenue fund of the state treasury. All sale proceeds and lease fees collected under this part must be deposited in the account to pay the department's costs and expenses in administering this part.
Mont. Code Ann. § 85-1-122 — MT Code / Title 85 / Chapter 1 / Part 1 / Section 85-1-122
85-1-122 Clark Fork River
Status: in_force

85-1-122 . Clark Fork River. The waters of the Clark Fork River may be impounded or restrained within the state of Montana for a distance not exceeding 25 miles from the Idaho-Montana boundary line by a dam located on said river in the state of Idaho and constructed by any person, firm, partnership, or corporation authorized to do business in the state of Montana. Any present or future appropriations of water in the watershed in the state of Montana for irrigation and domestic use above said dam shall have priority over water for power use at said dam.
Mont. Code Ann. § 85-2-218 — MT Code / Title 85 / Chapter 2 / Part 2 / Section 85-2-218
85-2-218 Process and criteria for designating priority basins or subbasins
Status: reserved

85-2-218 . Process and criteria for designating priority basins or subbasins. (1) The water judges and the department, in performing their functions in the adjudication process, shall give priority to basins or subbasins designated each biennium by the legislature. Basins or subbasins must be designated according to the following criteria:

(a) recurring water shortages within the basin or subbasin have resulted in urgent water rights controversies that require adjudication to determine relative rights;

(b) federal or Indian reserved rights are nearing determination, either by compact or adjudication, thus making adjudication of other rights in the basin or subbasin important for timely issuance of preliminary or final decrees;

(c) the basin or subbasin's location would help ensure efficient use of department and water court resources; and

(d) the adjudication process in the basin or subbasin is nearing the issuance of a decree.

(2) The water judge may designate a basin for priority adjudication upon petition of 100 or more persons who have filed claims within the basin or may designate a subbasin for priority adjudication upon petition of a majority of persons who have filed claims within the subbasin. However, the basin or subbasin may receive priority only if it meets one or more of the criteria in subsection (1).

(3) If adjudication work in one or more of the priority basins or subbasins has been completed or has been suspended for good cause, the water judge may select other basins or subbasins for priority adjudication based on the criteria in subsection (1).
Mont. Code Ann. § 85-15-210 — MT Code / Title 85 / Chapter 15 / Part 2 / Section 85-15-210
85-15-210 Preparation and approval of plans
Status: in_force

85-15-210 . Preparation and approval of plans. (1) A person may not begin construction of a high-hazard dam as determined under 85-15-209 without first obtaining a construction permit from the department.

(2) An application for a construction permit must be submitted to the department and must contain:

(a) plans and specifications for the proposed construction, prepared by or under the direction of an engineer experienced in dam design and construction; and

(b) other data and information required by the department.

(3) Within 60 calendar days after receipt of the application and any additional information requested by the department, the department shall:

(a) issue a construction permit or deny the application, as filed; or

(b) issue a construction permit upon terms, conditions, or modifications the department considers appropriate.
Mont. Code Ann. § 85-2-336 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-336
85-2-336 Basin closure -- exception
Status: in_force

85-2-336 . Basin closure -- exception. (1) As provided in 85-2-319 and subject to the provisions of subsection (2) of this section, the department may not grant an application for a permit to appropriate water within the upper Clark Fork River basin.

(2) The provisions of subsection (1) do not apply to:

(a) an application for a permit to appropriate ground water if the applicant complies with the provisions of 85-2-360 ;

(b) an application for a permit to appropriate surface water to conduct aquatic resource activities carried out in compliance with and as required by the federal Clean Water Act of 1977, 33 U.S.C. 1251 through 1387. A permit issued to conduct aquatic resource actions may not be used for dilution.

(c) an application for a permit to appropriate water for stock use;

(d) an application to store water;

(e) an application submitted pursuant to 85-20-1401 , Article VI; or

(f) an application for power generation at existing hydroelectric dams. The department may not approve a permit for power generation if approval results in additional consumption of water.

(3) A change of use authorization for changing the purpose of use may not be issued for any permit issued pursuant to subsection (2)(b) or (2)(c).

(4) Except as provided in 85-20-1401 , applications for state water reservations in the upper Clark Fork River basin filed pursuant to 85-2-316 and pending as of May 1, 1991, have a priority date of May 1, 1991. The filing of a state water reservation application does not provide standing to object under 85-2-402 .

(5) Except as provided in 85-20-1401 , the department may not process or approve applications for state water reservations in the upper Clark Fork River basin filed pursuant to 85-2-316 .
Mont. Code Ann. § 85-7-2159 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2159
85-7-2159 Issuance of tax deed
Status: in_force

85-7-2159 . Issuance of tax deed. If there has been no redemption of tax liens assigned to an irrigation district or any other person as provided by law and notice has been given as required in 15-18-212 , the county treasurer of the county within which the lands are situated shall issue a tax deed for the lands to the irrigation district or any other holder of an assignment certificate.
Mont. Code Ann. § 85-3-210 — MT Code / Title 85 / Chapter 3 / Part 2 / Section 85-3-210
85-3-210 Publication of notice of intention
Status: in_force

85-3-210 . Publication of notice of intention. (1) The department shall have the notice of intention, or that portion thereof including the items specified in 85-3-209 , published at least once a week for 2 consecutive weeks in a newspaper having a general circulation and published within any county in which the operation is to be conducted and in which the affected area is located, or if the operation is to be conducted in more than one county or if the affected area is located in more than one county or is located in a county other than the one in which the operation is to be conducted, then in newspapers having a general circulation and published within each of the counties.

(2) The applicant shall reimburse the department for the costs of publication of the notice of intention.
Mont. Code Ann. § 85-6-109 — MT Code / Title 85 / Chapter 6 / Part 1 / Section 85-6-109
85-6-109 Operation of projects with water users' association -- definitions
Status: in_force

85-6-109 . Operation of projects with water users' association -- definitions. (1) As used in this section, the following definitions apply:

(a) "Association" means a water users' association.

(b) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.

(2) Whenever the department proposes a program of maintenance, repair, operation, or alteration of a project in excess of $25,000, the cost of which will be borne by an association pursuant to the terms of a water marketing contract, the association must be informed of the program and given an opportunity to comment. The department shall notify the association of its decision. If the association believes the program to be unnecessary or excessive in cost, it may appeal the department decision to the district court in any county where all or part of the project works is located.

(3) If an appeal is filed under subsection (2), the court shall hold a trial de novo on the question of necessity of the department program and the question of excessive costs. If the association prevails, the court may award costs to the association. The court may specify an acceptable program of maintenance, repair, operation, or alteration or may order the department and the association to develop a program, subject to court approval.

(4) Whenever a program of maintenance, repair, operation, or alteration is proposed, the department shall assist the association in attempting to secure sources of financing, including federal funds.

(5) Whenever the department proposes to abandon, sell, or otherwise dispose of a project that involves a water users' association, the department shall notify the association. Before the department may take further action to abandon, sell, or otherwise dispose of a project that involves a water users' association, the department must receive a petition approving the abandonment, sale, or disposition. The petition must be signed by stockholders of the association who represent 66 2/3% or more of the issued and outstanding stock of the association. If, within 30 days of receipt of the final proposal of abandonment, sale, or other disposal, stockholders of the association who represent 30% or more of the issued and outstanding stock of the association file a petition of protest with the department, the project may not be abandoned, sold, or otherwise disposed of without the consent of the legislature.
Mont. Code Ann. § 85-2-408 — MT Code / Title 85 / Chapter 2 / Part 4 / Section 85-2-408
85-2-408 Temporary change authorization for instream flow -- additional requirements
Status: in_force

85-2-408 . Temporary change authorization for instream flow -- additional requirements. (1) The department shall accept and process an application for a temporary change in appropriation rights to maintain or enhance instream flow to benefit the fishery resource under the provisions of 85-2-402 , 85-2-407 , and this section. The application must:

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

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

(2) (a) A temporary change authorization under the provisions of this section is allowable only if the owner of the water right voluntarily agrees to:

(i) change the purpose of a consumptive use water right to instream flow for the benefit of the fishery resource; or

(ii) lease a consumptive use water right to another person for instream flow to benefit the fishery resource.

(b) For the purpose of this subsection (2), "person" means and is limited to an individual, association, partnership, or corporation.

(3) In addition to the requirements of 85-2-402 and 85-2-407 , an applicant for a change authorization under this section shall prove by a preponderance of evidence that:

(a) the temporary change authorization for water to maintain and enhance instream flow to benefit the fishery resource, as measured at a specific point, will not adversely affect the water rights of other persons; and

(b) the amount of water for the proposed use is needed to maintain or enhance instream flows to benefit the fishery resource.

(4) The applicant is not required to prove a lack of adverse effect for any water right identified in a written consent to approval filed pursuant to 85-2-402 in connection with a change application.

(5) The department shall approve the method of measurement of the water to maintain and enhance instream flow to benefit the fishery resource through a temporary change authorization as provided in this section.

(6) Only the owner of the water right may seek enforcement of the temporary change authorization or object under 85-2-308 .

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

(8) The maximum quantity of water that may be changed to maintain and enhance streamflows to benefit the fishery resource is the amount historically diverted. However, only the amount historically consumed, or a smaller amount if specified by the department in the lease authorization, may be used to maintain or enhance streamflows to benefit the fishery resource below the existing point of diversion.
Mont. Code Ann. § 85-2-607 — MT Code / Title 85 / Chapter 2 / Part 6 / Section 85-2-607
85-2-607 Utility facilities
Status: in_force

85-2-607 . Utility facilities. This part does not apply to applications to appropriate water for use by a utility facility for which a certificate of compliance is granted pursuant to the Montana Major Facility Siting Act.
Mont. Code Ann. § 85-7-2163 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2163
85-7-2163 Granting of tax deed
Status: in_force

85-7-2163 . Granting of tax deed. The holder of the assignment certificate must be granted a tax deed by the county treasurer in the manner and form provided by Title 15, chapter 18.
Mont. Code Ann. § 85-7-1823 — MT Code / Title 85 / Chapter 7 / Part 18 / Section 85-7-1823
85-7-1823 Notice of hearing
Status: in_force

85-7-1823 . Notice of hearing. On such petition being filed, the district court or judge thereof shall make an order fixing the time and place for a hearing and directing that notice be given. Thereupon the clerk of the court shall cause to be published at least once a week for 2 successive calendar weeks in a newspaper of general circulation in the county where the petition is filed, with preference given to a newspaper published in the county, a notice stating the time and place fixed by the district court when and where the hearing on the petition will be had and containing a brief statement of the matters set forth in the petition and the object thereof. If any portion of the lands sought to be excluded from the district lies within any other county or counties, the notice shall also be published as provided above in a newspaper of general circulation in the other county or counties, with preference given to a newspaper published in the other county or counties. The first publication of the notice may not be less than 30 days prior to the time mentioned in the notice for the hearing.
Mont. Code Ann. § 85-20-107 — MT Code / Title 85 / Chapter 20 / Part 1 / Section 85-20-107
85-20-107 Status of prior rights
Status: in_force

85-20-107 . Status of prior rights. The rights to the beneficial use of any water of any interstate tributary of the Yellowstone River acquired prior to and including January 1, 1950, shall not be impaired by or subject to this part.
Mont. Code Ann. § 85-7-2119 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2119
85-7-2119 United States contracts -- assessments where district partly outside state
Status: in_force

85-7-2119 . United States contracts -- assessments where district partly outside state. Where a contract has been entered into or may be hereafter entered into between an irrigation district and the United States, the board of commissioners shall have the power to levy assessments against all of the land within the district for any and all of the purposes hereinbefore enumerated and, in addition thereto, the power to levy assessments against any or all of the lands in said district in compliance with such contract. Where irrigation works lie partly in the state of Montana and partly in an adjacent state, the board of commissioners may contract with the district or districts in the adjacent state for the mutual construction of works, operation and maintenance of works, drainage, and other matters and things pertaining to said works and shall have the power to levy assessments against any or all lands within the district necessary to carry out the provisions of such contract.
Mont. Code Ann. § 85-8-410 — MT Code / Title 85 / Chapter 8 / Part 4 / Section 85-8-410
85-8-410 Court order excluding lands
Status: in_force

85-8-410 . Court order excluding lands. If the issue shall be found in favor of the plaintiff, the court may make its order describing the lands to be excluded from the district, and a certified copy of the same shall be filed in the office of the county recorder of the county wherein the lands are situate. From and after the date of such order the lands shall no longer be liable for any assessment levied by the district against the lands excluded.
Mont. Code Ann. § 85-2-801 — MT Code / Title 85 / Chapter 2 / Part 8 / Section 85-2-801
85-2-801 Definitions
Status: in_force

85-2-801 . Definitions. Unless the context requires otherwise, in this part the following definitions apply:

(1) "Basin" means the Yellowstone River basin.

(2) "Compact" means the Yellowstone River Compact provided for in 85-20-101 .
Mont. Code Ann. § 85-9-101 — MT Code / Title 85 / Chapter 9 / Part 1 / Section 85-9-101
85-9-101 Policy considerations
Status: in_force

85-9-101 . Policy considerations. To provide for the conservation and development of the water and land resources of the state of Montana, conserve Montana's water for utilization for beneficial purposes within the state, and provide for the greatest beneficial use of water within this state, the organization of conservancy districts and the construction of works as defined by this chapter are a public use and will:

(1) be essentially for the public benefit and advantage of the people of Montana;

(2) benefit all industries of the state;

(3) encourage economic growth;

(4) indirectly benefit the state by increasing property valuations;

(5) directly benefit municipalities by providing adequate supplies of water for domestic uses;

(6) directly benefit lands irrigated or drained by works constructed;

(7) directly benefit lands now irrigated by stabilizing the flow of water in streams and by increasing the flow and return flow of water to those streams;

(8) enhance fish and wildlife habitat;

(9) improve recreational facilities; and

(10) promote the comfort, safety, and welfare of the people of Montana.
Mont. Code Ann. § 85-1-506 — MT Code / Title 85 / Chapter 1 / Part 5 / Section 85-1-506
85-1-506 Compliance with federal law
Status: in_force

85-1-506 . Compliance with federal law. The department may hold a license, permit, or exemption under federal law on a project.
Mont. Code Ann. § 85-5-204 — MT Code / Title 85 / Chapter 5 / Part 2 / Section 85-5-204
85-5-204 Apportionment of fees and expenses
Status: in_force

85-5-204 . Apportionment of fees and expenses. (1) Upon the filing of the report by the water commissioner or water commissioners, the clerk of court shall notify by letter each person mentioned in the report:

(a) of the amount the water user is made liable for by the report;

(b) that objections to the report and the amount taxed against the water user may be made by any person interested in the report or the amount assessed against the water user within 20 days after the date of the mailing of the notice; and

(c) that, unless objections are filed, an order will be made by the judge of the district court finally fixing and determining the amount due from each of the water users.

(2) The affidavit of the clerk that the clerk has mailed a notice to each person mentioned in the report at the person's last-known post-office address, in the usual manner, must be considered prima facie evidence that the person received the notice provided for in this section.

(3) At the discretion of the district judge, the water commissioner may issue a bill prior to the beginning of a distribution season for the purpose of offsetting costs associated with distributing water and water commissioner duties by submitting the information necessary for the billing to the clerk of the district court. The bill for each water user may not exceed 80% of the amount that was provided to the district court pursuant to 85-5-107 for the prior distribution season.

(4) If the cost of distributing water during a distribution season is less than the amount that was collected through a bill issued prior to a distribution season, the water commissioner shall refund the money to the water user based on the amount of water that the water user received during the distribution season. The water commissioner shall submit a refund report, along with proof that any refunds were issued, to the clerk of district court for filing.
Mont. Code Ann. § 85-7-2047 — MT Code / Title 85 / Chapter 7 / Part 20 / Section 85-7-2047
85-7-2047 Sufficient protest to bar issuance of bonds and to postpone further special tax or assessment proceedings
Status: in_force

85-7-2047 . Sufficient protest to bar issuance of bonds and to postpone further special tax or assessment proceedings. The board of commissioners may not authorize or hold further special tax or assessment proceedings to seek the authorization of the issuance of bonds for a period of 60 days from the date of the conclusion of the protest period if the board of commissioners finds that the protest is made by the owners of irrigable acres to be assessed for more than 50% of the costs of improvements to be financed with the bonds.
Mont. Code Ann. § 85-1-601 — MT Code / Title 85 / Chapter 1 / Part 6 / Section 85-1-601
85-1-601 Purpose and policies
Status: in_force

85-1-601 . Purpose and policies. (1) The legislature finds and declares that in order that the people of Montana may enjoy the benefits of the state's water and other renewable resources, the state shall establish this long-term renewable resource grant and loan program providing financial and administrative assistance to private for-profit, private, nonprofit, local government, state government, and tribal government entities for renewable resource grant and loan projects.

(2) The purpose of the renewable resource grant and loan program is to further the state's policies, set forth in 85-1-101 , regarding the conservation, development, and beneficial use of water resources and to invest in renewable natural resource projects that will preserve for the citizens of Montana the economic and other benefits of the state's natural heritage.

(3) The legislature recognizes the value of Montana's renewable resources; therefore, it is appropriate that a portion of the taxes and other revenue from nonrenewable resources be invested in the replacement of nonrenewable resources with the development of renewable resource projects that will continue to provide tax and other revenue and will preserve for the citizens the economic and other benefits of the state's natural heritage.

(4) The conservation, development, management, and preservation of water and other renewable resources are high priorities because a large portion of Montana's present and future economy is based either directly or indirectly on the wise use of these resources.

(5) Developments supported by this part may not significantly diminish the quality of existing public resources, such as land, air, fish, wildlife, and recreation opportunities.

(6) This renewable resource grant and loan program supports, in part, the implementation and development of the comprehensive, coordinated, multiple-use water resources plan known as the "state water plan". In making funding recommendations for grants and loans, the department shall give preference to projects that will implement state water plan priorities if, in all other respects, the proposed projects are equal in public benefit and technical feasibility.

(7) Source watersheds are an integral component of Montana's water resources. Source watersheds that provide the majority of the state's drinking and irrigated agricultural water are particularly important to maintaining the reliability, quantity, timing, and quality of Montana's environmental, drinking, and agricultural water supply. Because source watersheds have a critical role in enhancing water supply reliability, the maintenance and repair of source watersheds are eligible for the renewable resource grant and loan program.

(8) Soil and range health play a vital role in protecting and sustaining Montana's renewable natural resources by retaining water, soil, and nutrients in place on the landscape. Enhancing soil and range health will provide long-term benefits to Montana's water and other renewable resources and to the users, wildlife, and economies they support.
Mont. Code Ann. § 85-3-202 — MT Code / Title 85 / Chapter 3 / Part 2 / Section 85-3-202
85-3-202 Department to review applications
Status: in_force

85-3-202 . Department to review applications. (1) The department shall review all applications for weather modification activities. The department shall prepare a report and an environmental impact statement pursuant to Title 75, chapter 1, part 2. The report must contain information relative to all of the criteria applicable to issuance of a permit in 85-3-206 . Prior to preparing the report, the department shall conduct at least one public meeting in the area affected by the proposed weather modification activity. The department's actual costs of conducting the public meeting, preparing the report, and preparing the environmental impact statement must be paid by the applicant.

(2) The department may provide by rule for exempting from the license and permit requirements of this chapter:

(a) research, development, and experiments by state and federal agencies, institutions of higher learning, and bona fide nonprofit research organizations and their agents;

(b) laboratory research and experiments;

(c) activities of an emergency character for protection against fire, frost, sleet, or fog; and

(d) activities normally engaged in for purposes other than those of inducing, increasing, decreasing, or preventing precipitation or hail.
Mont. Code Ann. § 85-1-214 — MT Code / Title 85 / Chapter 1 / Part 2 / Section 85-1-214
85-1-214 Exercise of department powers -- scope of jurisdiction
Status: in_force

85-1-214 . Exercise of department powers -- scope of jurisdiction. The department may exercise any of its powers in:

(1) an adjoining state, unless the exercise of that power is not permitted under the laws of that state or of the United States;

(2) a national forest or public domain of the United States adjoining or located in the state of Montana, unless the exercise of those powers is not permitted under the laws of the United States;

(3) an adjoining country, unless the exercise of those powers is not permitted under the laws of that country or of the United States or under the treaties between that country and the United States.
Mont. Code Ann. § 85-2-805 — MT Code / Title 85 / Chapter 2 / Part 8 / Section 85-2-805
85-2-805 Criteria for approval -- terms
Status: reserved

85-2-805 . Criteria for approval -- terms. (1) The department may issue its approval of a diversion of water allocated to Montana under the terms of the compact or unallocated compact water diverted in Montana if:

(a) the diversion and the ultimate use of the water in Montana are 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 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 signs an agreement to comply with the laws of the signatory states to the compact in constructing, operating, and maintaining all facilities associated with the diversion and ultimate use of the water.

(2) The department may approve a diversion of water allocated to North Dakota or Wyoming or unallocated compact water diverted in North Dakota or Wyoming if the diversion will not adversely affect the property, rights, or interests of an appropriator located in Montana and if the diversion and ultimate use of water will not exceed the allocated share under the compact of any of the signatory states.

(3) The department may approve a diversion subject to such terms, conditions, restrictions, and limitations as it considers necessary to meet the applicable criteria listed in subsection (1) or (2).
Mont. Code Ann. § 85-8-311 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-311
85-8-311 Record and vouchers
Status: in_force

85-8-311 . Record and vouchers. The commissioners shall keep an accurate record of all moneys collected on account of the work under their charge and of all payments made by them; shall take vouchers for such payments; and shall keep full, accurate, and true minutes of all their proceedings.
Mont. Code Ann. § 85-8-365 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-365
85-8-365 Location of drains
Status: in_force

85-8-365 . Location of drains. When practicable, said drains provided for herein shall be laid out and constructed on the side of public highways or along natural watercourses.
Mont. Code Ann. § 85-7-2153 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2153
85-7-2153 Assignment of debenture certificates
Status: in_force

85-7-2153 . Assignment of debenture certificates. The certificates provided for by 85-2-2152 are assignable and may be sold or negotiated by the board of commissioners of the irrigation district and the proceeds of the sale delivered to and deposited with the county treasurer of the county for proper credit to the respective funds of the irrigation district. Upon the sale, negotiation, or transfer of a certificate, the lien of the irrigation district vests in the purchaser of the certificate and is only divested by the payment to the purchaser or the county treasurer of the county, for the purchaser's use, of the sum for which the certificate is issued and 1% additional for each month that passes from the date of the certificate until redeemed as provided for in 85-7-2154 .
Mont. Code Ann. § 85-9-623 — MT Code / Title 85 / Chapter 9 / Part 6 / Section 85-9-623
85-9-623 Issuance of bonds -- resolution and election
Status: in_force

85-9-623 . Issuance of bonds -- resolution and election. When the directors find it necessary to issue bonds, the directors shall:

(1) pass a resolution that includes:

(a) the purpose or purposes for which the bonds will be issued;

(b) the maximum amount and term of the bonds;

(c) the maximum interest rate that the bonds will bear; and

(d) whether the bonds will be repaid from revenue, assessments, or both;

(2) give notice in accordance with 7-1-2121 that must include the resolution adopted by the directors and the location of polling places unless the election is conducted by mail ballot, as provided in Title 13, chapter 19; and

(3) hold an election conducted in accordance with Title 13, chapter 1, part 5.
Mont. Code Ann. § 85-7-2115 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2115
85-7-2115 Objection by landowner
Status: in_force

85-7-2115 . Objection by landowner. If a landowner objects to the proceedings of the board in determining the irrigable area in the landowner's own or any other tract of land or the amount or rate per acre of the special tax and assessment to be levied against each irrigable acre in the district or subdistrict for the purposes of the proposed bond issue and the objection is overruled by the board, the objection without further proceedings must be regarded as appealed to the district court. When confirmed, the order overruling the objection and confirming the order of the board determining the irrigable area of each tract of land and apportioning the cost of the improvement to each tract becomes final, binding, and conclusive upon the landowner and upon the district unless appealed.
Mont. Code Ann. § 85-8-423 — MT Code / Title 85 / Chapter 8 / Part 4 / Section 85-8-423
85-8-423 Assessments against annexed lands
Status: in_force

85-8-423 . Assessments against annexed lands. The commissioners shall, after the time for appeal is past, assess against each parcel, tract, and easement of the annexed lands reasonable and just benefits and shall assess against these lands for construction and repairs such sums as are just. If lands similarly situated and benefited are found in the district, the annexed lands shall be assessed a like sum of benefits and damages as the similar lands in the district to which they are sought to be annexed and a sum for construction of the work, which shall be equal to all sums assessed, for the complete construction of the drainage system in the district to which they are sought to be annexed against lands having the same assessment of benefits in the district.
Mont. Code Ann. § 85-7-2140 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2140
85-7-2140 Investment of funds
Status: in_force

85-7-2140 . Investment of funds. The board of commissioners shall direct the investment of the funds in any bond sinking fund in legal investments backed, insured, or guaranteed by the United States or the state of Montana, including federal and state agency obligations, whenever in their judgment the investment may be to the best interest of the district. All such investments shall be converted into cash in time to meet the principal on the bonds payable from such sinking fund promptly at their maturity.
Mont. Code Ann. § 85-2-318 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-318
85-2-318 Water right appropriation account
Status: in_force

85-2-318 . Water right appropriation account. There is established a water right appropriation account in the state special revenue fund of the state treasury. All fees collected as provided in 85-2-113 shall be deposited in the account to help pay the expenses incurred by the department for administering and enforcing this part, part 1, part 4, and part 5 of chapter 2, Title 85, and Title 37, chapter 43.
Mont. Code Ann. § 85-15-209 — MT Code / Title 85 / Chapter 15 / Part 2 / Section 85-15-209
85-15-209 High-hazard dam -- determination
Status: in_force

85-15-209 . High-hazard dam -- determination. A person proposing to construct a dam or reservoir with an impounding capacity of 50 acre-feet or more measured at the maximum normal operating pool shall make application to the department for a determination of whether the dam or reservoir is a high-hazard dam. The application must include the information required by the department. The department shall make the determination required by this section within 60 calendar days after a complete application is received by the department.
Mont. Code Ann. § 85-9-603 — MT Code / Title 85 / Chapter 9 / Part 6 / Section 85-9-603
85-9-603 Directors to provide financial information
Status: in_force

85-9-603 . Directors to provide financial information. (1) Before the first Monday in August of each year, the directors shall provide the department of revenue and the county treasurer with:

(a) the budget for the current fiscal year;

(b) a statement of the amount of special assessments to be collected for the districts; and

(c) a listing of all real property within the district.

(2) If the district is located in more than one county, the directors shall provide this information to the department of revenue and each of the affected county treasurers.
Mont. Code Ann. § 85-7-109 — MT Code / Title 85 / Chapter 7 / Part 1 / Section 85-7-109
85-7-109 Irrigation district as public corporation
Status: in_force

85-7-109 . Irrigation district as public corporation. Every irrigation district so established is a public corporation for the promotion of the public welfare, and the lands included therein shall constitute all the taxable and assessable property of such district for the purposes of this chapter.
Mont. Code Ann. § 85-2-512 — MT Code / Title 85 / Chapter 2 / Part 5 / Section 85-2-512
85-2-512 Investigations
Status: in_force

85-2-512 . Investigations. (1) The department shall compile information for the purpose of enabling it to comply with this part. In compiling this information, the department shall make use of investigations, technical personnel, surveys, and information available from the Montana bureau of mines and geology, the United States geological survey, the board of oil and gas conservation, the department of environmental quality, and any other private, state, or governmental agency.

(2) The department may request specific investigations by the public agencies listed in subsection (1) whenever desired information is not otherwise available.
Mont. Code Ann. § 85-15-108 — MT Code / Title 85 / Chapter 15 / Part 1 / Section 85-15-108
85-15-108 Entry upon land
Status: in_force

85-15-108 . Entry upon land. Any employee or agent of the department authorized by the director of the department may enter upon any land to carry out the purposes of this chapter. The department or its agent shall give reasonable notice to the landowner of the intention to enter upon the land.
Mont. Code Ann. § 85-1-602 — MT Code / Title 85 / Chapter 1 / Part 6 / Section 85-1-602
85-1-602 Objectives
Status: in_force

85-1-602 . Objectives. (1) The department shall administer a renewable resource grant and loan program to enhance Montana's renewable resources through projects that measurably conserve, develop, manage, or preserve resources. Either grants or loans may be provided to fund the following:

(a) feasibility, design, research, and resource assessment studies;

(b) preparation of construction, rehabilitation, or production plans; and

(c) construction, rehabilitation, production, education, or other implementation efforts.

(2) Projects that may enhance renewable resources in Montana include but are not limited to:

(a) development of natural resource-based recreation;

(b) development of natural, offstream, and tributary storage;

(c) improvement of water use efficiency, including development of new, efficient water systems, rehabilitation of older, less efficient water systems, and acquisition and installation of measuring devices required under 85-2-113 ; monitoring; and development of state, tribal, and federal water projects;

(d) water-related projects that improve water quality, including livestock containment facility projects, soil and range health projects, and the maintenance and repair of source watersheds;

(e) water-related projects that improve water quantity, including streamflows and water storage in existing natural systems, such as riparian areas, flood plains, and wetlands;

(f) advancement of farming practices that reduce agricultural chemical use; and

(g) projects that facilitate the use of alternative renewable energy sources, as defined in 15-6-225 .

(3) The renewable resource grant and loan program is the key implementation portion of the state water plan and must be administered to encourage grant and loan applications for projects designed to accomplish the objectives of the plan.

(4) A grant or loan may not be awarded to a project that affects source watersheds or soil and range health if the project would reduce, restrict, or prohibit any lawful access to the property that existed prior to the project's implementation. This subsection does not apply to access that is temporarily created, granted, or reduced due to project operations.
Mont. Code Ann. § 85-3-208 — MT Code / Title 85 / Chapter 3 / Part 2 / Section 85-3-208
85-3-208 Notice of intention to apply for permit
Status: in_force

85-3-208 . Notice of intention to apply for permit. Before undertaking any weather modification and control activities, the applicant for a permit shall file with the department a notice of intention.
Mont. Code Ann. § 85-7-1824 — MT Code / Title 85 / Chapter 7 / Part 18 / Section 85-7-1824
85-7-1824 Conduct of hearing
Status: in_force

85-7-1824 . Conduct of hearing. At the time specified in the notice, the district court in which the petition is filed shall hear the petition but may adjourn such hearing from time to time not exceeding 2 weeks in all. The court, upon application of the petitioners, shall permit the petition to be amended and may order further or additional notice to be given. Upon such hearing, all persons interested whose lands or rights may be damaged or benefited by the granting of the petition or the exclusion of the lands from the district may appear and contest the same, and the contestants and petitioners may offer any competent evidence in regard thereto.
Mont. Code Ann. § 85-5-105 — MT Code / Title 85 / Chapter 5 / Part 1 / Section 85-5-105
85-5-105 Power and duty to distribute water
Status: in_force

85-5-105 . Power and duty to distribute water. Upon the issuance of an order, the water commissioner or commissioners have authority and it is the commissioner's or commissioners' duty to admeasure and distribute to the users of water, as their interests may appear and be required, the stored and supplemental water stored and as released by the department of natural resources and conservation under provisions of Title 85, chapter 1, to be diverted into and through a stream, ditch or extension of ditch, watercourse, spring, lake, reservoir, or other source of supply in the same manner and under the same rules as decreed water rights are admeasured and distributed. The water commissioner or commissioners and the owners and users of the stored and supplemental water are bound by and are subject to the provisions of this chapter. However, the admeasurements and distribution of the stored and supplemental water may not interfere with decreed water rights. The purpose of Title 85, chapter 5, parts 1 through 3, is to provide a uniform, equitable, and economical distribution of adjudicated, stored, and supplemental waters.
Mont. Code Ann. § 85-2-807 — MT Code / Title 85 / Chapter 2 / Part 8 / Section 85-2-807
85-2-807 Department authorized to appear in administrative and legal proceedings
Status: in_force

85-2-807 . Department authorized to appear in administrative and legal proceedings. The department may appear on behalf of the state of Montana in proceedings before the legislatures and administrative agencies of the other signatory states to the compact and in legal proceedings commenced in federal or state court within the other signatory states involving the consent of such signatory states to diversions of water from the basin under Article X of the compact and any other laws or rules of such signatory states applicable to such diversions to the extent necessary to protect the interests and the citizens of Montana in those proceedings.
Mont. Code Ann. § 85-8-615 — MT Code / Title 85 / Chapter 8 / Part 6 / Section 85-8-615
85-8-615 Procedure to levy additional assessments
Status: in_force

85-8-615 . Procedure to levy additional assessments. Subject to 15-10-420 , if in the first assessment for construction the commissioners reported to the court a smaller sum than is needed to complete the work of construction or if in any year an additional sum is necessary to pay the lawful indebtedness of the drainage district, further or additional assessments on the land (including improvements where benefited) and corporations benefited, proportioned on the last assessment of benefits that has been approved by the court, must be made by the commissioners of the drainage district under the order of the court. However, the total assessments for original construction and any additional assessments, other than for maintenance, incidental expense, and interest on bonds, may not exceed the total assessments of benefits as provided in 85-8-342 . Notice of the hearing of the application for the additional assessment must be published at least once each week for 3 consecutive weeks in one newspaper published in each county in which the lands, or any part of the lands, within the district are situated. The further or additional assessment may be made payable in installments as specified in 85-8-611 and must be treated and collected in the same manner as the original assessments for construction confirmed by the court in the drainage district.
Mont. Code Ann. § 85-7-2201 — MT Code / Title 85 / Chapter 7 / Part 22 / Section 85-7-2201
85-7-2201 Limitation on actions attacking decrees
Status: in_force

85-7-2201 . Limitation on actions attacking decrees. No suit, action, or proceeding shall be brought in any court in this state attacking the validity or regularity of any order or decree of the court purporting to establish a district hereunder or correcting or amending any order or decree creating a district after the expiration of 6 months from the date of the recording of the order establishing the district or the order correcting or amending the same. Nothing contained in this section shall be deemed or construed to confirm, approve, or validate any warrant issued, disbursement made, or contract entered into for the expenditure of money by the board of commissioners on behalf of any district.
Mont. Code Ann. § 85-1-511 — MT Code / Title 85 / Chapter 1 / Part 5 / Section 85-1-511
85-1-511 Determination by the public service commission
Status: in_force

85-1-511 . Determination by the public service commission. A determination of the rates and terms under which the power must be purchased shall be made by the public service commission upon petition of the facility operator or a public utility or electric cooperative or during a rate proceeding involving the review of rates paid for electricity purchased from the facility. The commission shall render a decision within 120 days from receipt of the petition or before the completion of the rate review proceeding. The rate and terms of the determination must be according to the standards specified in 85-1-512 .
Mont. Code Ann. § 85-2-117 — MT Code / Title 85 / Chapter 2 / Part 1 / Section 85-2-117
85-2-117 Water right records for filing with local clerk and recorder
Status: in_force

85-2-117 . Water right records for filing with local clerk and recorder. Upon payment of a fee established pursuant to 85-2-113 , a county clerk and recorder of the county where the point of diversion or place of use is located or in which a transfer of water right occurred may require the department to provide a report of all water permits, certificates, change approvals, or water right ownership update forms issued or processed by the department pursuant to Title 85, chapter 2, parts 3 and 4.
Mont. Code Ann. § 85-7-2041 — MT Code / Title 85 / Chapter 7 / Part 20 / Section 85-7-2041
85-7-2041 Bankruptcy proceedings by irrigation districts
Status: in_force

85-7-2041 . Bankruptcy proceedings by irrigation districts. (1) The board of commissioners or directors of any irrigation district may, in the name and on behalf of such district, initiate and carry out proceedings for readjustment of the debts of such district, under Chapter IX of the federal Bankruptcy Act or similar provisions of any past or future federal bankruptcy act.

(2) This section is remedial in its nature and shall be liberally construed to effect its purpose, which is to permit irrigation districts to readjust their debts under federal bankruptcy acts and to confer upon the board of commissioners or directors thereof every power necessary therefor or reasonably incidental thereto.
Mont. Code Ann. § 85-7-1008 — MT Code / Title 85 / Chapter 7 / Part 10 / Section 85-7-1008
85-7-1008 Final decree of dissolution -- when made
Status: in_force

85-7-1008 . Final decree of dissolution -- when made. Whenever all the property of such irrigation district shall have been disposed of and all the obligations thereof, if any there be, shall have been discharged, the court shall enter a final decree declaring said district to be dissolved.
Mont. Code Ann. § 85-9-103 — MT Code / Title 85 / Chapter 9 / Part 1 / Section 85-9-103
85-9-103 Definitions
Status: in_force

85-9-103 . Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Applicant" means a person residing within the boundaries of the proposed district and making a request for a study of the feasibility of forming a conservancy district.

(2) "Board of supervisors" means the board of supervisors of the soil and water conservation district in which the largest portion of the taxable valuation of real property of the proposed district is located.

(3) "Cost of works" means the cost of construction, acquisition, improvement, extension, and development of works, including financing charges, interest, and professional services.

(4) "Court" means the district court of the judicial district in which the largest portion of the taxable valuation of real property of the proposed district is located and within the county in which the largest portion of the taxable valuation of real property of the proposed district is located within the judicial district.

(5) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.

(6) "Directors" means the board of directors of a conservancy district.

(7) "District" means a conservancy district.

(8) "Elector" means a person qualified to vote under 85-9-421 .

(9) "Owners" means the person or persons who appear as owners of record of the legal title to real property according to the county records, whether the title is held beneficially or in a fiduciary capacity, except that a person holding a title for purposes of security is not an owner and the owner for security may not affect the previous title for purposes of this chapter.

(10) "Person" means a natural person, firm, partnership, cooperative, association, public or private corporation, including the state of Montana or the United States, foundation, state agency or institution, county, municipality, district or other political subdivision of the state, federal agency or bureau, or any other legal entity.

(11) "Taxable valuation" is the value as defined in 15-8-111 and does not mean assessed valuation.

(12) "Works" means all property, rights, easements, franchises, and other facilities, including but not limited to land, reservoirs, dams, canals, dikes, ditches, pumping units, mains, pipelines, waterworks systems, recreational facilities, facilities for fish and wildlife, and facilities to control and correct pollution.
Mont. Code Ann. § 85-8-421 — MT Code / Title 85 / Chapter 8 / Part 4 / Section 85-8-421
85-8-421 Procedure to bring other drained lands into district
Status: in_force

85-8-421 . Procedure to bring other drained lands into district. (1) Whenever any drained lands outside a drainage district are receiving the benefits of the drains of said district, by direct or indirect, natural or artificial connection therewith, the commissioners of said district may report said facts to the court and ask that said lands, describing them, be brought into said district and assessed for the benefits received by them from the drains, ditches, or levees of said district.

(2) Upon the filing of said report, the court shall order the owners of such lands to be notified of the filing of said report and the contents thereof and shall require such owners to show cause at a time and place therein fixed, not less than 20 days thereafter, why their lands should not be brought into said district and assessed for said benefits.

(3) At the time and place fixed for hearing said report, any of said landowners may appear and remonstrate against the confirmation of said report. All remonstrances shall be in writing, verified, and shall set forth the facts on which they are based. All issues arising on said report shall be tried by the court without a jury.
Mont. Code Ann. § 85-2-271 — MT Code / Title 85 / Chapter 2 / Part 2 / Section 85-2-271
85-2-271 Benchmarks -- action taken if not met -- claims examination priority
Status: in_force

85-2-271 . (Temporary) Benchmarks -- action taken if not met -- claims examination priority. (1) (a) The water court shall prioritize basins for the purpose of claims examination and reexamination by the department.

(b) The chief water judge has the authority to order that reexamination be completed for a certain basin in a higher priority than claims examination. If the chief water judge issues an order requiring the department to reexamine claims rather than examining claims, the number of claims that were reexamined must be counted against the amount of claims that the department is required to examine for that period.

(2) (a) The benchmarks that are provided in subsection (2)(b) must be met. If the benchmarks are not met, money for water adjudication may not be included in the department's base budget.

(b) The benchmarks are as follows:

(i) the department shall reexamine 10,000 verified claims by June 30, 2017;

(ii) the department shall reexamine 30,000 verified claims by June 30, 2019;

(iii) the department shall examine or reexamine 65,000 claims by June 30, 2022;

(iv) the department shall examine or reexamine 85,000 claims by June 30, 2023;

(v) the department shall examine or reexamine 95,000 claims by June 30, 2024; and

(vi) the department shall examine or reexamine all timely filed claims by June 30, 2025. (Terminates June 30, 2028--secs. 10, 11, Ch. 269, L. 2015.)
Mont. Code Ann. § 85-2-223 — MT Code / Title 85 / Chapter 2 / Part 2 / Section 85-2-223
85-2-223 Public recreational uses
Status: in_force

85-2-223 . Public recreational uses. The department of fish, wildlife, and parks shall exclusively represent the public for purposes of establishing any prior and existing public recreational use in existing right determinations under this part, provided that the foregoing shall not exclude a federal governmental entity from representing the public for the purpose of establishing any prior and existing public recreational use in existing right determinations under this part. The foregoing shall not be construed in any manner as a legislative determination of whether or not a recreational use sought to be established prior to July 1, 1973, is or was a beneficial use.
Mont. Code Ann. § 85-2-222 — MT Code / Title 85 / Chapter 2 / Part 2 / Section 85-2-222
85-2-222 Definition -- filing process -- notice
Status: in_force

85-2-222 . Definition -- filing process -- notice. (1) As used in this section, "exempt right" means those claims for existing rights for livestock and individual uses as opposed to municipal domestic uses based upon instream flow or ground water sources and claims for rights in the Powder River basin included in a declaration filed pursuant to the order of the department or a district court issued under sections 8 and 9 of Chapter 452, Laws of 1973, or under sections 3 and 4 of Chapter 485, Laws of 1975. An exempt right is exempt from the filing requirements of 85-2-221 (1).

(2) A person claiming an exempt right:

(a) may file with the department no later than June 30, 2019, a statement of claim for each water right asserted;

(b) shall submit information required by 85-2-224 (1) and (2) on a form provided by the department; and

(c) shall pay the fees pursuant to 85-2-225 .

(3) A claim of an exempt right constitutes prima facie proof of its content.

(4) The provisions of 85-2-233 , 85-2-243 , and 85-2-248 , as well as supreme court examination rules, apply to any statement of claim of an exempt right filed under this section.

(5) Failure to file a claim for an exempt right under this section:

(a) does not result in the forfeiture of an existing water right; and

(b) subordinates the existing right to all other water rights except those exempt rights for which a claim has not been filed.

(6) Notice of the filing deadline provided in subsection (2) must be published by the department once a week for 2 consecutive weeks in a daily newspaper of general county circulation. The notice must be clearly posted in each county courthouse. The department shall send to the last-known address of each unique property owner a written notice of the filing deadline and a claim form at least once by July 1, 2017.

(7) The department may not accept any statements of claim submitted or postmarked after June 30, 2019. The department shall notify a person who files a claim after June 30, 2019, that the person's claim will not be accepted.

(8) All fees collected under this section must be deposited in the account established under 85-2-280 .
Mont. Code Ann. § 85-15-305 — MT Code / Title 85 / Chapter 15 / Part 3 / Section 85-15-305
85-15-305 Liability of owners for damage
Status: in_force

85-15-305 . Liability of owners for damage. (1) Except as provided in subsections (2) and (3), nothing in this chapter relieves an owner of a dam or reservoir of any legal duty, obligation, or liability incident to its ownership or operation, including any damages resulting from leakage or overflow of water or floods caused by the failure of the dam or reservoir.

(2) The owner of a dam or reservoir that has been permitted by the department in accordance with this chapter or that was designed and constructed under the supervision of an engineer and properly maintained is, in the absence of negligence, not liable for damages to persons or property resulting from flows of water from failure of the dam or reservoir.

(3) In addition, the owner of any dam or reservoir that has been permitted by the department in accordance with this chapter or that was designed and constructed under the supervision of an engineer and properly maintained may, without incurring liability, allow passage through the reservoir of inflows without diminution.
Mont. Code Ann. § 85-3-204 — MT Code / Title 85 / Chapter 3 / Part 2 / Section 85-3-204
85-3-204 Licenses -- term and renewal
Status: in_force

85-3-204 . Licenses -- term and renewal. The license shall be issued for a period to expire at the end of the calendar year in which it is issued and, if the licensee possesses the qualifications necessary for the issuance of a new license, shall upon application be renewed at the expiration of the period.
Mont. Code Ann. § 85-7-2156 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2156
85-7-2156 Proceedings in which county is possessor of tax lien and lien is not redeemed
Status: in_force

85-7-2156 . Proceedings in which county is possessor of tax lien and lien is not redeemed. If the county is the possessor of a tax lien on property assessed for irrigation district purposes and debenture certificates have been issued for the taxes and assessments of the irrigation district, as provided for in 85-7-2152 , and the tax lien has not been redeemed before the next annual assessment for irrigation purposes becomes delinquent, debenture certificates for each year's irrigation district taxes and assessments must be issued against the property and must be included in and satisfied by any redemption thereof, with interest as provided for in 85-7-2152 , and must be paid from the proceeds of sale of the lands by the board of county commissioners, if not redeemed as provided for by law.
Mont. Code Ann. § 85-20-121 — MT Code / Title 85 / Chapter 20 / Part 1 / Section 85-20-121
85-20-121 Yellowstone compact obligations unimpaired
Status: in_force

85-20-121 . Yellowstone compact obligations unimpaired. Nothing contained in Chapter 280, Laws of 1965, shall in any manner impair the obligations of the state of Montana under the Yellowstone River Compact.
Mont. Code Ann. § 85-1-906 — MT Code / Title 85 / Chapter 1 / Part 9 / Section 85-1-906
85-1-906 Special county government authority
Status: in_force

85-1-906 . (Temporary) Special county government authority. The governing body of a county within western Montana may allocate to the commission a portion of any funds available from coal severance tax allocations or other sources that is designated for project or planning activities. (Terminates June 30, 2029--sec. 12, Ch. 428, L. 2023.)
Mont. Code Ann. § 85-2-123 — MT Code / Title 85 / Chapter 2 / Part 1 / Section 85-2-123
85-2-123 Deposit of fees and penalties
Status: in_force

85-2-123 . Deposit of fees and penalties. Except as provided in 85-2-122 and 85-2-124 , all fees and penalties collected under this chapter must be deposited in the water right appropriation account established in 85-2-318 . Except for fines collected by a district court under 85-2-122 , all penalties or fines imposed by any court other than a justice's court for a violation of this chapter must be deposited in the general fund of the county where the court presides and must be disposed of in the same manner as any other penalty or fine.
Mont. Code Ann. § 85-8-346 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-346
85-8-346 Modification of report
Status: in_force

85-8-346 . Modification of report. If the court finds that the report requires modification, the same may, by order of the court, be referred back to the commissioners, who may be required to modify it in any respect.
Mont. Code Ann. § 85-8-801 — MT Code / Title 85 / Chapter 8 / Part 8 / Section 85-8-801
85-8-801 Continuation of existing districts
Status: in_force

85-8-801 . Continuation of existing districts. All drain districts of the state of Montana organized prior to March 1, 1921, and continued in existence pursuant to section 100, Chapter 129, Laws of 1921, shall continue their existence as drain districts under and pursuant to all of the provisions of drainage district laws, and the commissioners of such drain districts shall have all the power and authority conferred by the drainage district laws upon the commissioners of drainage districts.
Mont. Code Ann. § 85-9-202 — MT Code / Title 85 / Chapter 9 / Part 2 / Section 85-9-202
85-9-202 Action by department upon receipt of request
Status: in_force

85-9-202 . Action by department upon receipt of request. (1) Within 11 days after the request is received, the department shall acknowledge the request.

(2) The department shall itself, through cooperating agencies, or together with cooperating agencies:

(a) consult with the board of supervisors and all persons who may participate in the proposed project;

(b) conduct a preliminary survey of the proposed district;

(c) estimate costs of works, maintenance, and operation;

(d) determine sources of financing;

(e) reach a tentative decision on the feasibility, desirability, and compatibility with the state water plan of the proposed district;

(f) adjust the boundaries of the proposed district to improve the feasibility, desirability, or consistency with the state water plan;

(g) within 1 year after receipt of the request, send a report of the preliminary survey to the applicants, the board of supervisors, the department of fish, wildlife, and parks, the department of environmental quality, and other affected state and federal resource agencies for their comments.
Mont. Code Ann. § 85-9-306 — MT Code / Title 85 / Chapter 9 / Part 3 / Section 85-9-306
85-9-306 County general funds to receive funds remaining after dissolution
Status: in_force

85-9-306 . County general funds to receive funds remaining after dissolution. All funds remaining after dissolution of a district shall be deposited in the general fund of the counties in which the district is located in proportion to the taxable value of property within the district in each county.
Mont. Code Ann. § 85-1-621 — MT Code / Title 85 / Chapter 1 / Part 6 / Section 85-1-621
85-1-621 Report
Status: in_force

85-1-621 . Report. The department shall prepare a biennial report describing the status of the renewable resource grant and loan program. The report must describe ongoing projects and projects that have been completed during the biennium. The report must identify and rank in order of priority the projects for which the department has received applications. The report must also describe proposed projects and activities for the coming biennium and recommendations for necessary appropriations. A copy of the report must be submitted to the water policy interim committee in accordance with 5-11-210 .
Mont. Code Ann. § 85-15-214 — MT Code / Title 85 / Chapter 15 / Part 2 / Section 85-15-214
85-15-214 Requested inspections -- costs -- limitations against unsafe structures
Status: in_force

85-15-214 . Requested inspections -- costs -- limitations against unsafe structures. (1) At its discretion or upon receipt of an affidavit complaining that the person or property of the complainant is endangered by the construction, maintenance, or operation of any dam or reservoir, the department may order an inspection of the dam or reservoir unless the data, records, and inspection reports on file are adequate to determine that the complaint is not meritorious.

(2) If the complainant continues to request an inspection even though the department has determined under subsection (1) that the complaint is not meritorious, the department may make the inspection upon requiring the complainant to deposit with the department money sufficient to cover the costs of the inspection.

(3) If the dam or reservoir is found to be defective, the department may require the person who owns the dam or reservoir to pay all or part of the expenses of inspection. If the department requires such payment, it shall present a bill of costs to the owner. The costs shall constitute a lien upon the dam, reservoir, and other property of the owner and may be collected by appropriate action in a court of competent jurisdiction.

(4) If the dam or reservoir is not found to be defective after an inspection made under subsection (2), any money deposited by the complainant therefor must be paid to the general fund.

(5) If the inspection discloses defects in the dam or reservoir that, in the judgment of the department, constitute an immediate hazard to life or property, the department may order:

(a) the draining of the dam or reservoir;

(b) the limitation or cessation of use of the dam or reservoir or any defective appurtenant works; or

(c) any other steps to eliminate the hazard until the dam, reservoir, or appurtenant works have been made safe and approved by the department.
Mont. Code Ann. § 85-2-125 — MT Code / Title 85 / Chapter 2 / Part 1 / Section 85-2-125
85-2-125 Recovery of costs and attorney fees by prevailing party
Status: in_force

85-2-125 . Recovery of costs and attorney fees by prevailing party. (1) If a final decision of the department on an application for a permit or a change in appropriation right is appealed to district court, the district court may award the prevailing party reasonable costs and attorney fees.

(2) The party obtaining injunctive relief in an action to enforce a water right must be awarded reasonable costs and attorney fees. For the purposes of this section, "enforce a water right" means an action by a party with a water right to enjoin the use of water by a person that does not have a water right.
Mont. Code Ann. § 85-7-203 — MT Code / Title 85 / Chapter 7 / Part 2 / Section 85-7-203
85-7-203 Petition, hearing, and order
Status: in_force

85-7-203 . Petition, hearing, and order. Whenever the owners of land and water rights, as described in 85-7-202 , desire to organize for the purposes mentioned in this part, a petition to that effect, signed by not less than 60% of the individual landowners who represent not less than 51% of the irrigable acres to be affected by the proposed district and 51% of the cubic feet of water per second decreed or adjudicated in the stream from which the irrigation district is to operate, shall be filed with the clerk of the district court of the county or counties in which the district is to be created. For the purpose of determining whether the requirements of acreage and cubic feet of water per second have been met by the petition, water diverted from the adjudicated stream and distributed under irrigation districts other than the one to be created under this part may not be considered; however, such water and acreage shall be required to pay all assessments the same as other water and acreage affected by irrigation districts created under this part. Upon filing of the petition, the court shall set a date for a hearing on the petition and a written notice shall be mailed, not less than 5 days prior to the hearing, to each landowner or water right owner affected by the proposed district. If the court finds from such hearing that an irrigation district, as prayed for in the petition, is feasible and practical, the court shall issue an order creating the irrigation district. The order shall constitute the authority for the district to function for the purposes and intent as outlined in this part. The court shall appoint five commissioners who are landowners or water right owners affected by such district to act until the first annual meeting.
Mont. Code Ann. § 85-8-620 — MT Code / Title 85 / Chapter 8 / Part 6 / Section 85-8-620
85-8-620 Bonds not to be affected by assessment change
Status: in_force

85-8-620 . Bonds not to be affected by assessment change. No bonds or other money obligations issued by any drainage district shall be adversely affected by any subsequent change in assessments of benefits.
Mont. Code Ann. § 85-7-108 — MT Code / Title 85 / Chapter 7 / Part 1 / Section 85-7-108
85-7-108 Effect of court findings and order
Status: in_force

85-7-108 . Effect of court findings and order. The finding and order are conclusive upon all the owners of lands within the district that they have assented to and accepted the applicable provisions of this chapter and are final unless appealed from to the supreme court within 60 days from the day of entry of the order. A copy of the order, duly certified to by the clerk of the district court, shall be filed for record within 30 days after the order is made and entered with the county clerk and recorder of the county where the lands included within the district are situated. Lands not situated in the county in which the copy is filed shall be omitted from the copy.
Mont. Code Ann. § 85-1-210 — MT Code / Title 85 / Chapter 1 / Part 2 / Section 85-1-210
85-1-210 Disposal of property by department
Status: in_force

85-1-210 . Disposal of property by department. In addition to the powers conferred upon the department to sell, lease, or otherwise dispose of water for the purpose of irrigation, development of power, watering of stock, or other purposes, the department may sell, lease, or otherwise dispose of water from its waterworks systems for public, domestic, industrial, and other uses and for fire protection. The department may sell or otherwise dispose of a water project, after the discharge of all of the bonds issued to finance the construction or acquisition of the project, if any, and of all interest on the bonds, costs, and expenses incurred in connection with any action or proceeding by or on behalf of the holders of the bonds. Except for a water project for which no water purchase contracts are managed by the department and for which no money is collected by the department, the department shall make a determination of the market value of a water project prior to its sale or other disposition. The department's determination of market value must consider all liens, encumbrances, and other limitations on the water project.
Mont. Code Ann. § 85-1-514 — MT Code / Title 85 / Chapter 1 / Part 5 / Section 85-1-514
85-1-514 Power generation negotiation process
Status: in_force

85-1-514 . Power generation negotiation process. (1) A person with federal authorization or, if authorization is not required, a person planning to construct a small-scale hydroelectric generation facility at a state-owned project shall submit an application to the department for hydroelectric development at the state-owned project site.

(2) Upon receipt of a written application under subsection (1), the department shall make an investigation and prepare a report on the value of the power site, the plans of development submitted by the applicant, and any other matters relating to the proposed development that the department considers necessary for the proper development of hydroelectric generation at the state-owned project.

(3) Upon completion of the report, the department may negotiate with the applicant for the acquisition of the necessary interest in the state-owned project to effectively allow the applicant to operate a hydroelectric facility. The terms, conditions, and compensation agreed to must include but not be limited to the full market value of the interest disposed of by the department. Full market value must be determined by the department in the report completed under subsection (2).

(4) An applicant under subsection (1) shall pay to the department all costs incurred by the department in carrying out its duties under this section. The department and the applicant shall contract for the provision of services and payment of fees required by this section prior to accepting an application under subsection (2).

(5) Nothing in this section requires the department to construct, rehabilitate, reconstruct, operate, or otherwise maintain the state-owned project to accommodate the hydroelectric facility except as negotiated under subsection (3).
Mont. Code Ann. § 85-5-407 — MT Code / Title 85 / Chapter 5 / Part 4 / Section 85-5-407
85-5-407 Appointment of water commissioner after final decree
Status: in_force

85-5-407 . Appointment of water commissioner after final decree. When the rights of the respective parties in an action to the use of the waters flowing in a ditch are adjudicated, the judge of the district court having jurisdiction of the subject matter, upon the application of the owners of at least 10% of the waters of the ditch, may, in the exercise of the judge's discretion, appoint a water commissioner to divide, apportion, and distribute the waters of the ditch to the respective parties according to their respective rights as set forth in the decree. When a commissioner is appointed under the provisions of this chapter to apportion and distribute the waters of the stream from which the water flowing in a ditch is taken, the commissioner shall, when directed by the judge or court, apportion and distribute the waters of the ditch according to the decree by which the rights of the respective owners were adjudicated.
Mont. Code Ann. § 85-2-343 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-343
85-2-343 Basin closure -- exceptions
Status: in_force

85-2-343 . Basin closure -- exceptions. (1) As provided in 85-2-319 and subject to the provisions of subsection (2) of this section, the department may not grant an application for a permit to appropriate water or for a reservation to reserve water within the upper Missouri River basin until the final decrees have been issued in accordance with part 2 of this chapter for all of the subbasins of the upper Missouri River basin.

(2) The provisions of subsection (1) do not apply to:

(a) an application for a permit to appropriate ground water if the applicant complies with the provisions of 85-2-360 ;

(b) an application for a permit to appropriate water for a nonconsumptive use;

(c) an application for a permit to appropriate water for:

(i) domestic use from surface water or pursuant to 85-2-306 ;

(ii) stock use; or

(iii) use of surface water by or for a municipality;

(d) an application to store water during high spring flows;

(e) an application for a permit to use water from the Muddy Creek drainage, which drains to the Sun River, if the proposed use of water will help control erosion in the Muddy Creek drainage;

(f) an application submitted pursuant to 85-20-1401 , Article VI;

(g) temporary emergency appropriations, including for emergency fire training and emergency fire-related operations, as provided for in 85-2-113 (3); or

(h) an application for a permit to appropriate surface water to conduct response actions related to natural resource restoration required for:

(i) remedial actions pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq.;

(ii) aquatic resource activities carried out in compliance with and as required by the federal Clean Water Act of 1977, 33 U.S.C. 1251 through 1387; or

(iii) remedial actions taken pursuant to Title 75, chapter 10, part 7.

(3) A permit issued to conduct remedial actions or aquatic resource activities under subsection (2)(h) may not be used for dilution.

(4) A change of use authorization for changing the purpose of use may not be issued for any permit issued pursuant to subsection (2)(b), (2)(c), (2)(e), (2)(g), or (2)(h).
Mont. Code Ann. § 85-3-201 — MT Code / Title 85 / Chapter 3 / Part 2 / Section 85-3-201
85-3-201 License and permit required for weather modification and control
Status: in_force

85-3-201 . License and permit required for weather modification and control. A person may not engage in activities for weather modification and control except under and in accordance with a license and a permit issued by the department authorizing the activities.
Mont. Code Ann. § 85-7-2001 — MT Code / Title 85 / Chapter 7 / Part 20 / Section 85-7-2001
85-7-2001 Limitations on debt-incurring power
Status: in_force

85-7-2001 . Limitations on debt-incurring power. (1) The board of commissioners or other officers of the district may not incur any debt or liability, either by issuing bonds or otherwise, except as provided in this chapter.

(2) An irrigation district may not become indebted, in any manner or for any purpose in any one year, in an amount exceeding 18.75% of the assessed valuation of the district, except as provided in subsection (4).

(3) An irrigation district may not incur indebtedness, in any manner or for any purpose in any one year, on behalf of any subdistrict in the district in an amount exceeding 18.75% of the assessed valuation of the subdistrict, except as provided in subsection (4).

(4) (a) For the purpose of organization; for any of the immediate purposes of this chapter; to make or purchase surveys, plans, and specifications; for stream gauging and gathering data; or to make any repairs occasioned by any calamity or other unforeseen contingency, the board of commissioners may, in any one year, incur the indebtedness of as many dollars as there are acres in the district and may issue warrants of the district.

(b) For the purpose of organization, for any of the immediate purposes of this chapter, or to meet the expenses occasioned by any calamity or other unforeseen contingency, the board of commissioners may, in any one year, incur (in addition to the 18.75% limitations of subsections (2) and (3)) an additional indebtedness not exceeding 12.5% of the assessed valuation of the district and may issue warrants of the district therefor.

(c) The limitations of subsections (1) through (3) do not apply to warrants issued for unpaid interest on the valid bonds of any irrigation district.

(d) The limitations of subsections (1) through (3) do not apply to bonds or obligations issued to the state of Montana, the United States, or any department, agency, or instrumentality of these governments if the bonds or obligations are issued:

(i) pursuant to a loan program specifically authorized by the legislature; or

(ii) to finance in whole or in part a project authorized by the legislature.

(e) The limitations of subsections (1) through (3) do not apply to any bonds issued under this chapter pursuant to a provision that expressly supersedes the limitation.

(5) Any debt or liability incurred in excess of the limitations provided by the irrigation district laws is void.
Mont. Code Ann. § 85-7-1703 — MT Code / Title 85 / Chapter 7 / Part 17 / Section 85-7-1703
85-7-1703 Vacancies among commissioners
Status: in_force

85-7-1703 . Vacancies among commissioners. If there is a vacancy on the board of commissioners from any cause, the vacancy must be filled until the next regular or special election by appointment by the board. The remaining commissioners constitute a quorum for the purpose of filling any vacancy. If a vacancy exists for every position on the board, the judge of the district court of the county in which the division or major portion of the division is situated shall make the appointments. The appointee must be an owner of irrigable land within the division of the district that the appointee represents and must be a resident of the county in which the division of the district or some portion of the division is situated. A commissioner appointed under this section holds office until a successor is elected and qualified.
Mont. Code Ann. § 85-7-104 — MT Code / Title 85 / Chapter 7 / Part 1 / Section 85-7-104
85-7-104 Petition for organization
Status: in_force

85-7-104 . Petition for organization. (1) For the purpose of establishing and organizing an irrigation district hereunder, a petition signed by the required number of holders of title or evidence of title to lands within the proposed district mentioned in 85-7-101 shall be filed with the clerk of the district court of the county in which the greatest portion of the lands of the proposed district is located. The petition shall set forth:

(a) the name suggested for the proposed district;

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

(c) the names of the holders of title or evidence of title to the lands in the proposed district, ascertained in the manner mentioned in 85-7-101 and 85-7-102 , and if a holder is a nonresident of the county or counties in which the proposed district lies, the post-office address of the nonresident owner, if known;

(d) generally, the source from which the lands in the proposed district are to be irrigated and the character of the works, water rights, canals, and other property proposed to be acquired or constructed for irrigation purposes in the proposed district;

(e) a prayer that the lands embraced within the proposed district be organized as an irrigation district according to the applicable provisions of this chapter.

(2) The petition shall be accompanied by:

(a) a map or plat of the proposed district; and

(b) 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 of subsection (1), to pay all costs in and about the proceedings preliminary to the organization of the district in the event that the organization is not effected.

(3) Mere error or omission in the description of any lands or in the names of any of the holders of title or evidence of title to lands does not render invalid any proceedings hereunder or deprive the district court of jurisdiction of the subject matter. Such misdescribed lands or misnamed persons may not be included in the district.
Mont. Code Ann. § 85-9-203 — MT Code / Title 85 / Chapter 9 / Part 2 / Section 85-9-203
85-9-203 Hearing by department
Status: in_force

85-9-203 . Hearing by department. (1) On receipt of the preliminary survey report, the applicants or any one of them may request the department to hold a hearing. The department shall provide notice as required in 7-1-2121 and then hold the hearing no later than than 61 days after receipt of the request.

(2) If the department itself initiated the preliminary survey, it may hold a hearing without being requested to do so.
Mont. Code Ann. § 85-7-1005 — MT Code / Title 85 / Chapter 7 / Part 10 / Section 85-7-1005
85-7-1005 Hearing on petition, notice, and order
Status: in_force

85-7-1005 . Hearing on petition, notice, and order. The district court must make an order for the hearing of the petition for the dissolution of the district within 30 days from its filing, and the clerk of the court must give due notice of the hearing of said petition by posting three notices in three public places in said district and by publication of a notice of the hearing for 2 successive weeks in a newspaper of general circulation published in the county and by mailing notice of said hearing to all known bondholders of the district. Upon the hearing of said petition, any person interested may appear and give evidence for or against the granting of said petition.
Mont. Code Ann. § 85-9-204 — MT Code / Title 85 / Chapter 9 / Part 2 / Section 85-9-204
85-9-204 Feasibility study and report -- adjustment of proposed boundaries
Status: in_force

85-9-204 . Feasibility study and report -- adjustment of proposed boundaries. After the hearing, the applicants or any one of them may request the department to prepare a detailed feasibility study of the proposed district. If the department concludes that the proposed district is feasible, desirable, and consistent with the state water plan, it shall prepare a feasibility report and, within 1 year after receipt of the request, send copies to the applicants, if any, the department of fish, wildlife, and parks, the department of environmental quality, and other affected state and federal water resource agencies. For good cause shown, based upon the actual technical problems in completing the report, the department may use necessary additional time to complete and distribute the report. The detailed feasibility report must describe the proposed works and contain an estimate of the cost of the works, the means of financing, and the estimated costs of operation and maintenance. The department may adjust the boundaries of the proposed district to improve the feasibility, desirability, and consistency with the state water plan and to exclude land that would receive no direct or indirect benefits from the proposed district.
Mont. Code Ann. § 85-2-505 — MT Code / Title 85 / Chapter 2 / Part 5 / Section 85-2-505
85-2-505 Waste and contamination of ground water prohibited
Status: in_force

85-2-505 . Waste and contamination of ground water prohibited. (1) No ground water may be wasted. The department shall require all wells producing waters that contaminate other waters to be plugged or capped. It shall also require all flowing wells to be so capped or equipped with valves that the flow of water can be stopped when the water is not being put to beneficial use. Likewise, both flowing and nonflowing wells must be so constructed and maintained as to prevent the waste, contamination, or pollution of ground water through leaky casings, pipes, fittings, valves, or pumps either above or below the land surface. However, in the following cases the withdrawal or use of ground water may not be construed as waste under this part:

(a) the withdrawal of reasonable quantities of ground water in connection with the construction, development, testing, or repair of a well or other means of withdrawal of ground water;

(b) the inadvertent loss of ground water owing to breakage of a pump, valve, pipe, or fitting, if reasonable diligence is shown by the person in effecting the necessary repair;

(c) the disposal of ground water without further beneficial use that must be withdrawn for the sole purpose of improving or preserving the utility of land by draining the same or that must be removed from a mine to permit mining operations or to preserve the mine in good condition;

(d) the disposal of ground water used in connection with producing, reducing, smelting, and milling metallic ores and industrial minerals or that displaced from an aquifer by the storage of other mineral resources; and

(e) the management, discharge, or reinjection of ground water produced in association with a coal bed methane well in accordance with 82-11-175 (2)(b) through (2)(d).

(2) The department at any time may hold a hearing on its own motion or upon petition signed by a representative body of users of ground water in any area or subarea to determine whether the water supply within that area or subarea is used in compliance with this part.
Mont. Code Ann. § 85-2-213 — MT Code / Title 85 / Chapter 2 / Part 2 / Section 85-2-213
85-2-213 Notice of order
Status: in_force

85-2-213 . Notice of order. To ensure that all persons who may claim an existing water right are notified of the requirement to file a claim of that right, the Montana supreme court shall give notice of the order as follows:

(1) It shall cause the order, printed in not less than 10-point type, to be placed in a prominent and conspicuous place in all daily newspapers of the state and in at least one newspaper published in each county of the state within 30 days after the Montana supreme court order as provided in 85-2-212 .

(2) It shall cause the order, in writing, to be placed in a prominent and conspicuous location in each county courthouse in the state within 30 days after the Montana supreme court order as provided in 85-2-212 .

(3) It shall provide copies of the order, in writing, to the press services with offices located in Helena within 30 days after the Montana supreme court order as provided in 85-2-212 .

(4) It shall, under authority granted to the states by 43 U.S.C. 666, provide for service of the petition and order upon the United States attorney general or the attorney general's designated representative.

(5) It may also in its discretion give notice of the order in any other manner that will carry out the purposes of this section.

(6) It may also in its discretion order that the department or the water judge assist the Montana supreme court in carrying out this section.
Mont. Code Ann. § 85-7-2020 — MT Code / Title 85 / Chapter 7 / Part 20 / Section 85-7-2020
85-7-2020 Details relating to bonds
Status: in_force

85-7-2020 . Details relating to bonds. (1) All bonds issued under the provisions of this part shall run for a period not longer than 40 years from their date but may contain a clause providing for their prior redemption and payment, at the option of the board of commissioners of the district, on any interest payment date after 5 years from their date. Instead of straight maturity bonds, bonds may be issued to mature serially at such times and in such amounts as the board of commissioners shall determine, but no bonds so issued may run for a longer period than 40 years from the date of issue. The bonds shall bear interest from their date until paid, payable annually or semiannually with the installments of interest to date of maturity of principal to be evidenced by appropriate coupons attached to each bond. The bonds and interest coupons shall be payable at such place or places within or without the state of Montana as the board of commissioners shall prescribe.

(2) The bonds shall be of such denomination or denominations and in such form as the board of commissioners shall prescribe. An issue of bonds is defined to be all the bonds issued in accordance with a resolution or order of the board of commissioners. Each issue of the bonds of a district shall be numbered consecutively as authorized, and the bonds of each issue shall be numbered consecutively. The board of commissioners shall fix the date of the bonds, or they may divide any issue into two or more divisions and fix different dates for the bonds of each division. The date of any bond must be subsequent to the order or resolution authorizing it and prior to its delivery to a purchaser from the district.

(3) All bonds issued hereunder shall be signed by the president and attested by the secretary of the board under the corporate seal of the district, and each of the interest coupons to be attached to the bonds shall be executed by the signatures of the president and secretary. Each bond shall be signed and each interest coupon shall be executed by the president and secretary of the board of commissioners who may be in office at the date of the bond and coupons or at any time thereafter prior to the delivery of the bond to the purchaser from the district.

(4) The board of commissioners may provide for the registration of bonds in their discretion. The secretary of the board of commissioners and county treasurer shall each keep a record of the bonds sold or otherwise disposed of; their date, number, amount, maturity, or maturities; to whom sold; rate of interest; and the place or places of payment.
Mont. Code Ann. § 85-8-349 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-349
85-8-349 Supplemental report
Status: in_force

85-8-349 . Supplemental report. At any time prior to making the order confirming said report or thereafter, the court may permit the commissioners to present and file a supplemental report or amend their report as to any matter which, pursuant to the provisions hereof, was or might have been included in the original report presented by them, and after reasonable notice given to all parties interested, in such manner as the court shall direct, the court may, upon the hearing in said matter, make such order as the case may require.
Mont. Code Ann. § 85-7-1502 — MT Code / Title 85 / Chapter 7 / Part 15 / Section 85-7-1502
85-7-1502 Organization of board of commissioners and establishment of office
Status: in_force

85-7-1502 . Organization of board of commissioners and establishment of office. (1) The commissioners shall meet within 10 days after their appointment and shall organize as a board by the election of one of their number as president. They shall also elect a secretary (who may or may not be a commissioner). Except as provided in part 16 of this chapter, the compensation of the secretary and all other employees authorized under this chapter shall be fixed by the board.

(2) The board shall also at this meeting designate the place where the office of the board shall be established and maintained and its records kept, which place shall be in the county containing a substantial portion of the lands in the district; and such place shall not be changed except by resolution of the board, of which notice shall be given by at least one publication in some newspaper published or of general circulation in the county wherein the office of the district is located and by posting in at least three public places in each division of the district.
Mont. Code Ann. § 85-2-420 — MT Code / Title 85 / Chapter 2 / Part 4 / Section 85-2-420
85-2-420 Change in appropriation right for aquifer recharge or mitigation -- marketing
Status: in_force

85-2-420 . Change in appropriation right for aquifer recharge or mitigation -- marketing. (1) Subject to 85-2-402 and this section, an appropriator may apply for a change in appropriation right for the purpose of aquifer recharge or mitigation or for the purpose of marketing water for aquifer recharge or mitigation.

(2) During the completion period authorized by the department for a change pursuant to this section, the appropriator may continue to use the appropriation right for any authorized beneficial use provided that proportionate amounts of the appropriation right are retired as the mitigation or aquifer recharge beneficial use is perfected.

(3) (a) If the full amount of the appropriation right is not sold or marketed as mitigation or aquifer recharge prior to the completion date, the water right retains the beneficial uses authorized prior to the change approved pursuant to this section.

(b) For an appropriation right that retains the original beneficial uses pursuant to this section, if the water retained for the original beneficial uses and the amount sold or marketed for mitigation or aquifer recharge are:

(i) not diverted at a common point of diversion, the flow rate and volume of water retained at the point of diversion for the original beneficial uses must be equal to the flow rate and volume allowed under the original beneficial uses minus the amount sold or marketed for mitigation or aquifer recharge; or

(ii) diverted at a common point of diversion, the entire flow rate and volume of the appropriation is allowed from the common point of diversion.

(4) As part of a change in appropriation right approved pursuant to this section, the department shall:

(a) determine a period for the change in appropriation right to be completed that does not exceed 20 years;

(b) determine an appropriate location for measuring the amount of water that will be used for mitigation or aquifer recharge and, if necessary, require installation of a measuring device; and

(c) require the appropriator to notify the department within 30 days each time a portion of the change is completed.
Mont. Code Ann. § 85-7-1942 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1942
85-7-1942 Competitive bidding
Status: in_force

85-7-1942 . Competitive bidding. The contract shall be awarded only to the lowest responsible bidder, who shall be required to give bond for the faithful performance and completion of the contract. The board shall have the right to reject any and all bids in its discretion.
Mont. Code Ann. § 85-1-503 — MT Code / Title 85 / Chapter 1 / Part 5 / Section 85-1-503
85-1-503 Receipt of applications
Status: in_force

85-1-503 . Receipt of applications. (1) Applications for lease may be submitted by any person qualified to do business in Montana.

(2) The department shall consider only applications received within 180 days after the final publication of the notice.

(3) Applications must include a statement of the capability of the applicant to achieve the annual production output estimated by the department, the estimated time to make the project operational, the bid amount of the royalty, and any other information that the department requests.
Mont. Code Ann. § 85-9-402 — MT Code / Title 85 / Chapter 9 / Part 4 / Section 85-9-402
85-9-402 Officers and meetings
Status: in_force

85-9-402 . Officers and meetings. (1) The directors shall select from among themselves a presiding officer, vice presiding officer, secretary, and other necessary officers. The directors shall adopt bylaws and rules for the conduct of meetings. All official acts of the directors must be entered in a book of minutes to be kept by the secretary.

(2) The directors shall establish times for regular meetings and may hold special meetings upon the call of the presiding officer or any two members and, except in case of emergency, upon at least 3 days' notice of the time, place, and purpose of the meeting.
Mont. Code Ann. § 85-7-1923 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1923
85-7-1923 Entry on land
Status: in_force

85-7-1923 . Entry on land. In carrying out the authority granted them by 85-7-1921 through 85-7-1925 , it shall be lawful for boards of commissioners of irrigation districts to enter upon the lands of any user of water supplied by said district for the purpose of installing, adjusting, or regulating headgates, lock boxes, or other devices for regulating the flow of water or apportioning the equitable distribution thereof.
Mont. Code Ann. § 85-7-2114 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2114
85-7-2114 Apportionment of costs when bonds issued
Status: in_force

85-7-2114 . Apportionment of costs when bonds issued. (1) Whenever a petition for the issuance of bonds of any irrigation district established under the provisions of Title 85, chapter 7, part 1, has been filed as provided in 85-7-2012 through 85-7-2015 , the board of commissioners of the district shall examine or cause to be examined each 40-acre tract or fractional lot as designated by United States public 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, each tract of land in the district or of land in a subdistrict if the bonds are to be issued on behalf of the subdistrict and cause a careful topographical survey and map to be made in the manner provided for in 85-7-2107 . Upon the examination, the board shall determine the number of irrigable acres in each tract and shall apportion and distribute the cost of the works or improvements for which the bonds are to be issued over the tracts within the district or subdistrict according to the irrigable area in each of the tracts or subdivisions so that each irrigable acre is required to bear the same burden of the costs as each other irrigable acre in the district or subdistrict, except as otherwise provided by law. The special tax or assessment levied to meet the principal of and interest on the bonds is a lien upon the entire tract of which the irrigable area forms a part or portion as of January 1 of the year in which the special tax or assessment is levied, and the number of irrigable acres in each tract so determined may not be diminished but may be increased during the term for which the bonds are issued or until the bonds are liquidated in full.

(2) Whenever a proceeding for the determination, in whole or in part, of the irrigable area of the lands in the district or subdistrict has already been had or a topographical survey or maps of the lands prepared or a court confirmation of prior proceedings, in part or in full, the board may, in its discretion, adopt all or portions of the prior proceedings and need not cause an additional survey or maps or examination of any of the tracts to be made or redetermine the irrigable area of any tract.

(3) The board shall make the determination after the hearing and shall fix the total acreage and the irrigable acreage and prepare a list of the irrigable area for filing, and the proceedings of the board in connection with the determination, including the hearing and notice of the hearing and order or resolution fixing the irrigable area and the preparation and filing of the list, must conform to the requirements set forth in 85-7-2107 through 85-7-2113 . At the hearing, the board shall also determine the amount and rate per acre necessary to be levied against each irrigable acre in the district to meet the interest on and principal of the authorized bond issue. The tax levied is a lien upon the entire tract of which the irrigable area forms a part. If a landowner in the district or subdistrict appears before the board at that time and pays in cash the amount fixed against the landowner's land as its proportion of the amount found necessary for the purposes for which the bonds were authorized and are to be issued, that land must be excluded from the lien of the bond issue and the amount of bonds intended to be issued must be reduced by the amount of the payment. A person interested who fails to appear before the board at the meeting may not contest the proceedings of the board or any part of the proceedings except upon special application to the court in the proceedings for the confirmation of the bonds and a showing of reasonable excuse for failure to appear before the board.
Mont. Code Ann. § 85-3-421 — MT Code / Title 85 / Chapter 3 / Part 4 / Section 85-3-421
85-3-421 Commissioners -- compensation -- meetings -- officers -- disbursements
Status: in_force

85-3-421 . Commissioners -- compensation -- meetings -- officers -- disbursements. (1) A commissioner may not receive compensation for the commissioner's services. Certificates of appointment must be filed with the county clerk and recorder.

(2) The powers of each authority are vested in its commissioners. A majority of the commissioners constitutes a quorum for the purpose of conducting the business of the authority, but action may not be taken by the authority except by an affirmative vote of not less than a majority of all the commissioners. A presiding officer, vice presiding officer, secretary, and treasurer must be elected from among the commissioners. An authority may delegate to one or more of its commissioners powers or duties that it considers proper.

(3) The secretary shall keep minutes of official meetings and shall include all official business, such as operations requested, and all authorizations for payment of weather modification authority funds.

(4) Disbursements authorized by the authority must be made by check signed by the presiding officer and the treasurer of the authority. Official policies must be entered into the minutes. An annual report must disclose funds received and expended, and a copy of the report must be filed with the county clerk and recorder. The annual report must be presented at a public meeting called for that purpose.