Mont. Code Ann. § 85-2-312 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-312
85-2-312 Terms of permit
Status: in_force

85-2-312 . Terms of permit. (1) (a) The department may issue a permit for less than the amount of water requested, but may not issue a permit for more water than is requested or than can be beneficially used without waste for the purpose stated in the application. The department may require modification of plans and specifications for the appropriation or related diversion or construction. The department may issue a permit subject to terms, conditions, restrictions, and limitations it considers necessary to satisfy the criteria listed in 85-2-311 and subject to subsection (1)(b), and it may issue temporary or seasonal permits. A permit must be issued subject to existing rights and any final determination of those rights made under this chapter.

(b) If the permit is for use of water with a point of diversion, conveyance, or place of use on national forest system lands, the permit is subject to any written special use authorization required by federal law to occupy, use, or traverse national forest system lands for the purpose of diversion, impoundment, storage, transportation, withdrawal, use, or distribution of the water under the permit and any terms, conditions, and limitations related to the use of water contained in any special use authorization required by federal law.

(2) The department shall specify in the permit or in any authorized extension of time provided in subsection (3), the time limits for commencement of the appropriation works, completion of construction, and actual application of the water to the proposed beneficial use. In fixing those time limits, the department shall consider the cost and magnitude of the project, the engineering and physical features to be encountered, and, on projects designed for gradual development and gradually increased use of water, the time reasonably necessary for that gradual development and increased use. The department shall issue the permit or authorized extension of time subject to the terms, conditions, restrictions, and limitations it considers necessary to ensure that the work on the appropriation is commenced, conducted, and completed and that the water is actually applied in a timely manner to the beneficial use specified in the permit.

(3) The department shall by rule or by condition to a permit establish a process allowing for the extension of the time limits specified in the permit for commencement of the appropriation works, completion of construction, and actual application of water to the proposed beneficial use.

(4) (a) If commencement of the appropriation works, completion of construction, or the actual application of water to the proposed beneficial use is not completed within the time limit specified or within an extension of that time limit, the permit expires.

(b) The department shall reinstate an expired permit if the permittee files a written reinstatement request and a project completion notice on forms provided by the department. The reinstatement request and project completion notice must establish the amount of water actually applied to the proposed beneficial use prior to expiration of the permit. Reinstatement of an expired permit under this subsection (4)(b) may not exceed the amount of water actually applied to the proposed beneficial use under the terms of the permit prior to expiration of the permit.

(c) The department shall reinstate the full amount of water authorized by the expired permit, including any portion that was not actually applied to the proposed beneficial use prior to expiration of the permit, if the permittee:

(i) files a written reinstatement request with the department on a form provided by the department;

(ii) proves by clear and convincing evidence that the failure to comply with the permit time limit was the result of excusable neglect; and

(iii) demonstrates that the requirements for an extension of the time limit as set forth by rule or permit condition are satisfied.

(d) A written reinstatement request for an expired permit must be filed within 2 years of the expiration of the permit time limit.

(e) A permit must be reinstated no more than once pursuant to this subsection (4) if the criteria in this subsection (4) have been met. A reinstated permit under subsection (4)(c) must establish time limits for commencement of the appropriation works, completion of construction, and actual application of the water to the proposed beneficial use.

(5) The original of the permit must be sent to the permittee, and a copy must be kept in the office of the department in Helena. The department shall retain an expired permit in the centralized record system for 2 years.
Mont. Code Ann. § 85-20-102 — MT Code / Title 85 / Chapter 20 / Part 1 / Section 85-20-102
85-20-102 Purpose of the part
Status: in_force

85-20-102 . Purpose of the part. Under the provisions of the Yellowstone River Compact (Chapter 39, Laws of Montana 1951), all appropriative rights to the beneficial uses of the waters of the interstate tributaries of the Yellowstone River existing in each signatory state as of January 1, 1950, have been recognized and shall continue to be enjoyed in accordance with the laws governing the acquisition and use of water under the doctrine of appropriation. All appropriative rights to the beneficial uses of the waters of the interstate tributaries of the Yellowstone River acquired after January 1, 1950, are subject to distribution in the states of Montana and Wyoming in accordance to the percentages in the different basins as provided in subsections (2) and (3) of Article V of said compact. The purpose of this part is to provide the means to determine the various appropriative rights to the beneficial uses of water of the interstate tributaries of the Yellowstone River acquired after January 1, 1950, and the quantity of water diverted and used by each such appropriator during each year, to enable the state of Montana and the Yellowstone River Compact commission to comply with and to administer the percentage allocations as provided in subsections (2) and (3) of Article V of said compact.
Mont. Code Ann. § 85-2-317 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-317
85-2-317 Limitation on appropriation of ground water
Status: in_force

85-2-317 . Limitation on appropriation of ground water. (1) After July 1, 1991, the department may not approve a permit to appropriate ground water in excess of 3,000 acre-feet per year unless:

(a) the applicant proves and the department finds that the applicable criteria in 85-2-311 are met; and

(b) the department then petitions the legislature and the legislature affirms the decision of the department after one or more public hearings.

(2) Subsection (1) applies to any permit to appropriate ground water for which application has been made but which has not been granted as of May 7, 1979.

(3) This section does not apply to appropriations by municipalities for municipal use or to appropriations for public water supplies as defined in 75-6-102 or to appropriations for the irrigation of cropland owned and operated by the applicant.

(4) Any person, association, corporation, or other entity that applies for a permit to appropriate ground water, singularly or collectively, for the purpose of circumventing this section is punishable by a fine not exceeding $5,000.
Mont. Code Ann. § 85-9-205 — MT Code / Title 85 / Chapter 9 / Part 2 / Section 85-9-205
85-9-205 Procedure for organization of district
Status: in_force

85-9-205 . Procedure for organization of district. If in the opinion of the department the feasibility study shows that a district is feasible and consistent with the state water plan, the procedure for organization is the following:

(1) The department shall file a petition requesting organization with the court.

(2) The petition shall:

(a) state the name of the proposed district;

(b) give a legal description of the boundaries of the proposed district, excluding therefrom lands which would receive no direct or indirect benefits from the proposed district;

(c) describe the purposes of the district;

(d) describe the works;

(e) indicate the estimated cost of works, means of financing, and estimated costs of operation and maintenance;

(f) list the taxable valuation of real property in the proposed district, which must be $100,000 or more;

(g) describe the means of repaying capital costs;

(h) propose the persons who should be represented and the number of directors.

(3) The petition shall be signed by owners of at least 51% of the land outside the limits of an incorporated municipality and not fewer than 5% or 100, whichever is the lesser, of the persons who would qualify as electors within an incorporated municipality.
Mont. Code Ann. § 85-2-233 — MT Code / Title 85 / Chapter 2 / Part 2 / Section 85-2-233
85-2-233 Hearing on decrees or petition -- procedure
Status: in_force

85-2-233 . Hearing on decrees or petition -- procedure. (1) (a) For good cause shown and subject to the provisions of subsection (9), a hearing must be held before the water judge on any objection to a temporary preliminary decree, a preliminary decree, or a supplemental preliminary decree by:

(i) the department;

(ii) a person named in the temporary preliminary decree, preliminary decree, or supplemental preliminary decree;

(iii) any person within the basin entitled to receive notice under 85-2-232 (1); or

(iv) any other person who claims rights to the use of water from sources in other basins that are hydrologically connected to the sources within the decreed basin and who would be entitled to receive notice under 85-2-232 if the claim or claims were from sources within the decreed basin.

(b) For the purposes of this subsection (1), "good cause shown" means a written statement showing that a person has an ownership, leasehold, economic, or clearly demonstrated particularized interest in an existing water right, permit, certificate, state water reservation under 85-2-316 , or right to receive water through an irrigation project and that the person's interest has been affected by the decree.

(c) A person does not waive the right to object to a preliminary decree by failing to object to a temporary preliminary decree issued before March 28, 1997. However, a person may not raise an objection to a matter in a preliminary decree if that person was a party to the matter when the matter was previously litigated and resolved as the result of an objection raised in a temporary preliminary decree unless the objection is allowed for any of the following reasons:

(i) mistake, inadvertence, surprise, or excusable neglect;

(ii) newly discovered evidence that by due diligence could not have been discovered in time to move for a new trial under Rule 59(b), Montana Rules of Civil Procedure;

(iii) fraud, misrepresentation, or other misconduct of an adverse party;

(iv) the judgment is void; or

(v) any other reason justifying relief from the operation of the judgment.

(d) After March 28, 1997, a person may not raise an objection or counterobjection to a matter contained in a subsequent decree issued under this part if the matter was contained in a prior decree issued under this part for which there was an objection and counterobjection period unless the objection is allowed for any of the following reasons:

(i) mistake, inadvertence, surprise, or excusable neglect;

(ii) newly discovered evidence that by due diligence could not have been discovered at the close of the objection period set forth in subsection (2);

(iii) fraud, misrepresentation, or other misconduct of an adverse party;

(iv) the temporary preliminary decree is void; or

(v) any other reason justifying relief from the operation of the prior decree issued under this part. The fact that a prior owner of a water right did not object or counterobject at a prior decree stage may not be a basis for a subsequent owner of the water right to object or counterobject absent a finding that one of the provisions in this subsection (1)(d) applies.

(2) Objections must be filed with the water judge within 180 days after entry of the temporary preliminary decree, preliminary decree, or supplemental preliminary decree. The water judge may, for good cause shown, extend this time limit up to two additional 90-day periods if application for an extension is made prior to expiration of the original 180-day period or any extension of it.

(3) Upon expiration of the time for filing objections under subsection (2), the water judge shall notify each party whose claim received an objection that an objection was filed. The notice must set forth the name of each objector and must allow an additional 60 days for the party whose claim received an objection to file a counterobjection to the claim or claims of the objector. Counterobjections must be limited to those claims that are included within the particular decree issued by the court.

(4) Objections and counterobjections must specify the paragraphs and pages containing the findings and conclusions to which objection is made. The request must state the specific grounds and evidence on which the objections are based.

(5) (a) Upon expiration of the time for filing counterobjections under subsection (3), the water judge shall notify each party named in the temporary preliminary decree, preliminary decree, or supplemental preliminary decree or that person's successor as documented in the department records and shall notify the attorney general that objections and counterobjections have been filed. The water judge shall fix a day when all parties who wish to participate in future proceedings are required to appear or file a statement. The water judge shall then set a date for a hearing. The water judge may conduct individual or consolidated hearings. A hearing must be conducted in the same manner as for other civil actions. At the order of the water judge, a hearing may be conducted by the water master, who shall prepare a report of the hearing as provided in Rule 53(e), Montana Rules of Civil Procedure.

(b) In conducting hearings pursuant to this chapter, a water judge may require the parties to participate in settlement conferences or may assign the matter to a mediator. Any settlement reached by the parties is subject to review and approval by a water judge.

(6) (a) After the issuance of a temporary preliminary decree or preliminary decree, notice must be published once a week for 3 consecutive weeks in two newspapers of general circulation in the basin where the decree was issued for:

(i) a motion to amend a statement of claim that may adversely affect other water rights; or

(ii) a motion to amend a timely objection that may adversely affect other water rights.

(b) The notice must specify that any response or objection to the proposed amendment must be filed within 45 days of the date of the last notice.

(c) The water judge may order any additional notice of the motion as the water judge considers necessary.

(d) The costs of the notice required pursuant to this subsection must be borne by the moving party.

(7) Failure to object under subsection (1) to a compact negotiated and ratified under 85-2-702 or 85-2-703 bars any subsequent cause of action in the water court.

(8) If the court sustains an objection to a compact, it may declare the compact void. The agency of the United States, the tribe, or the United States on behalf of the tribe party to the compact is permitted 6 months after the court's determination to file a statement of claim, as provided in 85-2-224 , and the court shall issue a new preliminary decree in accordance with 85-2-231 . However, any party to a compact declared void may appeal from that determination in accordance with those procedures applicable to 85-2-235 , and the filing of a notice of appeal stays the period for filing a statement of claim as required under this subsection.

(9) Upon petition by a claimant, the water court may grant a motion for dismissal to an objection to a temporary preliminary or preliminary decree if the objection pertains to an element of a water right that was previously decreed and if dismissal is consistent with common-law principles of issue and claim preclusion.

(10) The provisions of subsection (9) do not apply to issues arising after entry of the previous decree, including but not limited to the issues of abandonment, expansion of the water right, and reasonable diligence.

(11) All issue remarks, as defined in 85-2-250 , must be finally resolved before the issuance of a final decree.
Mont. Code Ann. § 85-7-1932 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1932
85-7-1932 Noninterference with navigation or water rights
Status: in_force

85-7-1932 . Noninterference with navigation or water rights. Navigation may not be impeded by the operation of this chapter. A vested interest in or to any mining or agricultural water rights or ditches or in or to any water rights, reservoirs, or dams now used beneficially in connection with any mining or agricultural industry or by persons purchasing or renting the use of the interest or in or to any other property used, directly or indirectly, in carrying on or in promoting the mining or agricultural industry may not be affected by or taken under this chapter, except that rights-of-way may be acquired over the mining or agricultural property or interest. The right of eminent domain, as provided in Title 70, chapter 30, is not otherwise affected by the provisions of this section.
Mont. Code Ann. § 85-8-618 — MT Code / Title 85 / Chapter 8 / Part 6 / Section 85-8-618
85-8-618 Assessment of unassessed, benefited lands
Status: in_force

85-8-618 . Assessment of unassessed, benefited lands. Whenever any lands from which surface or seepage water enters any drain or upon which or through which surface or seepage water has been prevented from flowing because of the construction of any drain have not been included within the drainage district that constructed the drains or drain or the owner of any irrigation ditch or canal from which water seeps, drains, or wastes to, upon, or through lands included within a drainage district has not been assessed for the cost of construction of the drainage system of the drainage district, the commissioners of the district may report the facts to the court and ask that the lands be brought into the district and assessed for their proportionate share of the cost of the drainage system. Subject to 15-10-420 , the report may ask that the owner of any irrigation ditch or canal be assessed its proportionate share of the costs of construction of the drainage system. The same proceedings as set out in 85-8-421 through 85-8-424 for the determination and levy of assessments against drained lands outside of the drainage district receiving benefits from the drainage of the district must be commenced to determine the proper assessments, if any, to be levied against the lands and the owner of the irrigation ditch or canal to aid in payment of costs of construction.
Mont. Code Ann. § 85-7-403 — MT Code / Title 85 / Chapter 7 / Part 4 / Section 85-7-403
85-7-403 Hearing on petition to create subdistrict
Status: in_force

85-7-403 . Hearing on petition to create subdistrict. (1) The board of commissioners shall hear the petition at the time specified in the notice provided under 85-7-402 . The board may adjourn the hearing for lack of sufficient notice or other good cause. The hearing must be completed within 3 weeks of the initial hearing.

(2) Upon application of the petitioners or any interested person or persons, the board shall allow the petition to be amended and may order that additional notice be given.

(3) At the hearing, any person whose land or property rights may be damaged or benefited by the creation of the subdistrict or by the irrigation works or improvements to be acquired or constructed in or for the benefit of the subdistrict may appear and submit oral or written testimony.
Mont. Code Ann. § 85-1-111 — MT Code / Title 85 / Chapter 1 / Part 1 / Section 85-1-111
85-1-111 Public ways
Status: in_force

85-1-111 . Public ways. Navigable waters and all streams of sufficient capacity to transport the products of the country are public ways for the purposes of navigation and such transportation. This section shall not be construed so as to affect or impair, in any manner, any rights acquired prior to July 1, 1901, by any person, association of persons, or corporation. The right of any person, association of persons, or corporation to take and use any water, as now provided by law, from any stream or streams for the purpose of irrigation or any beneficial or industrial pursuit shall not be abridged.
Mont. Code Ann. § 85-7-1807 — MT Code / Title 85 / Chapter 7 / Part 18 / Section 85-7-1807
85-7-1807 Court findings and order on petition to eliminate lands
Status: in_force

85-7-1807 . Court findings and order on petition to eliminate lands. The court may grant such petition in whole or in part and may make an order making such changes in the boundaries of the district by the exclusion of such lands therefrom as may be deemed advisable or as fact, right, and justice may require. Such order shall be conclusive upon all of the owners of lands within the district and shall be final unless appealed from to the supreme court within 60 days of the entry of said order. For the purposes of any such appeal, such order shall be regarded as a final judgment of said district court. A copy of such order, duly certified to by the clerk of said court, shall be filed for record within 30 days after such order is made and entered with the county clerk and recorder of the county wherein lands included within such district are situated; provided, however, there shall be omitted from such copy lands not situated in the county in which such copy is filed.
Mont. Code Ann. § 85-2-381 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-381
85-2-381 Water right enforcement of ground water uses exempt from permitting -- findings and purpose
Status: in_force

85-2-381 . Water right enforcement of ground water uses exempt from permitting -- findings and purpose. (1) The legislature finds that:

(a) the state of Montana has managed the allocation of water under the prior appropriation doctrine for more than 100 years;

(b) Article IX, section 3, of the Montana constitution recognizes and confirms all existing water rights;

(c) the right to the use of water through a water right is a recognized property right;

(d) the development of ground water wells that are exempt from permitting may have an adverse effect on other water rights;

(e) the Water Use Act requires the department to coordinate the development and use of the water resources of the state so as to effect full utilization, conservation, and protection of its water resources; and

(f) the ability to develop ground water wells that are exempt from permitting contributes to the full utilization of the water resources of the state.

(2) The establishment of a stream depletion zone pursuant to 85-2-380 provides a conclusive, scientific basis for determining where ground water rights that are exempt from permitting are affecting senior surface water rights.

(3) The purpose of this section is to continue allocating water under the exemptions provided for in 85-2-306 while providing a process by which senior water right holders may protect their rights under the prior appropriation doctrine. Nothing in this section is intended to limit the ability of a senior water right holder to enforce a water right or limit that enforcement to a specific area. Creation of a stream depletion zone is not a prerequisite to an enforcement action.

(4) Any use of water granted by a certificate of water right pursuant to 85-2-306 (3)(a) is subject to enforcement according to priority by:

(a) any remedy legally available;

(b) the department, upon receiving a complaint, through the provisions of 85-2-114 and 85-2-122 ; or

(c) a water commissioner appointed pursuant to 85-5-101 .

(5) For each certificate issued pursuant to 85-2-306 (3)(a) after October 1, 2013, the department shall include written notice of the provisions of this section.
Mont. Code Ann. § 85-2-418 — MT Code / Title 85 / Chapter 2 / Part 4 / Section 85-2-418
85-2-418 Purchaser not to sell surplus water
Status: in_force

85-2-418 . Purchaser not to sell surplus water. Sections 85-2-415 through 85-2-417 may not be construed to give the person acquiring the right to the use of water, as provided in those sections, the right to sell or dispose of the water after being used by the person or to prevent the original owner or proprietor from retaking, selling, and disposing of the water in the usual and customary manner after it is used as provided in those sections.
Mont. Code Ann. § 85-8-367 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-367
85-8-367 Commissioners' powers during emergency
Status: repealed

85-8-367 . Commissioners' powers during emergency. Commissioners having charge of any completed drain, ditch, levee, or other work constructed under any drainage law of the state of Montana, whether now in force or repealed, shall be authorized, in the case of an emergency, to make such repairs as may be necessary for the preservation and protection of the work under their control.
Mont. Code Ann. § 85-3-102 — MT Code / Title 85 / Chapter 3 / Part 1 / Section 85-3-102
85-3-102 Standards for research in weather modification control
Status: in_force

85-3-102 . Standards for research in weather modification control. The department may establish by rule standards and instructions to govern the carrying out of research and development or projects in weather modification and control as it considers necessary or desirable to minimize danger to health, safety, welfare, or property.
Mont. Code Ann. § 85-5-101 — MT Code / Title 85 / Chapter 5 / Part 1 / Section 85-5-101
85-5-101 Appointment of water commissioners
Status: in_force

85-5-101 . Appointment of water commissioners. (1) Whenever the rights of persons to use the waters of any stream, ditch or extension of ditch, watercourse, spring, lake, reservoir, or other source of supply have been determined by a decree of a court of competent jurisdiction, including temporary preliminary, preliminary, and final decrees issued by a water judge, it is the duty of the judge of the district court having jurisdiction of the subject matter, upon the application of the owners of at least 15% of the water rights affected by the decree or at least 15% of the flow rate of the water rights affected by the decree, in the exercise of the judge's discretion, to appoint one or more commissioners. The commissioners have authority to admeasure and distribute to the parties owning water rights in the source affected by the decree the waters to which they are entitled, according to their rights as fixed by the decree and by any certificates, permits, and changes in appropriation right issued under chapter 2 of this title. When petitioners make proper showing that they are not able to obtain the application of the owners of at least 15% of the water rights affected or at least 15% of the flow rate of the water rights affected and they are unable to obtain the water to which they are entitled, the judge of the district court having jurisdiction may appoint a water commissioner.

(2) When the existing rights of all appropriators from a source or in an area have been determined in a temporary preliminary decree, preliminary decree, or final decree issued under chapter 2 of this title, the judge of the district court may, upon application by both the department of natural resources and conservation and one or more holders of valid water rights in the source, appoint a water commissioner. The water commissioner shall distribute to the appropriators, from the source or in the area, the water to which they are entitled.

(3) The department of natural resources and conservation or any person or corporation operating under contract with the department or any other owner of stored waters may petition the court to have stored waters distributed by the water commissioners appointed by the district court. The court may order the commissioner or commissioners appointed by the court to distribute stored water when and as released to water users entitled to the use of the water.

(4) At the time of the appointment of a water commissioner or commissioners, the district court shall fix their compensation, require a commissioner or commissioners to purchase a workers' compensation insurance policy and elect coverage on themselves, and require the owners and users of the distributed waters, including permittees, certificate holders, and holders of a change in appropriation right, to pay their proportionate share of fees and compensation, including the cost of workers' compensation insurance purchased by a water commissioner or commissioners. The judge may include the department in the apportionment of costs if it applied for the appointment of a water commissioner under subsection (2).

(5) Upon the application of the board or boards of one or more irrigation districts entitled to the use of water stored in a reservoir that is turned into the natural channel of any stream and withdrawn or diverted at a point downstream for beneficial use, the district court of the judicial district where the most irrigable acres of the irrigation district or districts are situated may appoint a water commissioner to equitably admeasure and distribute stored water to the irrigation district or districts from the channel of the stream into which it has been turned. A commissioner appointed under this subsection has the powers of any commissioner appointed under this chapter, limited only by the purposes of this subsection. A commissioner's compensation is set by the appointing judge and paid by each district and other users of stored water affected by the admeasurement and distribution of the stored water. In all other matters, the provisions of this chapter apply so long as they are consistent with this subsection.

(6) A water commissioner appointed by a district court is not an employee of the judicial branch, a local government, or a water user.

(7) A water commissioner who fails to obtain workers' compensation insurance coverage required by subsection (4) is precluded from receiving benefits under Title 39, chapter 71, as a result of the performance of duties as a water commissioner.
Mont. Code Ann. § 85-7-2024 — MT Code / Title 85 / Chapter 7 / Part 20 / Section 85-7-2024
85-7-2024 Issuance of bonds for direct contract payments
Status: in_force

85-7-2024 . Issuance of bonds for direct contract payments. Any bonds issued hereunder may, in the discretion of the board of commissioners, be issued direct in payment and satisfaction of the contract or purchase price of any irrigation works, canals, water, water rights, or other property constructed or acquired by or for the district or may be deposited with the United States as provided in 85-7-1906 .
Mont. Code Ann. § 85-2-517 — MT Code / Title 85 / Chapter 2 / Part 5 / Section 85-2-517
85-2-517 Reports by water well drillers
Status: in_force

85-2-517 . Reports by water well drillers. The forms, reports, and information required to be filed by this part are in addition to all other reports and information which the drillers of water wells in the state are required by law to file with agencies of the state.
Mont. Code Ann. § 85-7-2022 — MT Code / Title 85 / Chapter 7 / Part 20 / Section 85-7-2022
85-7-2022 Sale of bonds
Status: in_force

85-7-2022 . Sale of bonds. Bonds issued under the provisions of this part must be issued, negotiated, and sold by or under the direction of the board of commissioners but may not be sold for less than 97% of par value and accrued interest to the date of delivery. The board may sell the bonds from time to time in quantities necessary and most advantageous to raise money for the purposes for which the bonds were issued.
Mont. Code Ann. § 85-2-212 — MT Code / Title 85 / Chapter 2 / Part 2 / Section 85-2-212
85-2-212 Order by supreme court
Status: in_force

85-2-212 . Order by supreme court. (1) The Montana supreme court shall within 10 days of the filing of the petition by the attorney general issue an order to file a statement of a claim of an existing water right in substantially the following form:

"WATER RIGHTS ORDER

FAILURE TO FILE A CLAIM AS REQUIRED BY LAW WILL RESULT IN A CONCLUSIVE PRESUMPTION THAT THE WATER RIGHT OR CLAIMED WATER RIGHT HAS BEEN ABANDONED. (This introductory sentence shall be printed in not less than 12-point boldface type.) This order is notice of commencement of procedures for the general adjudication of existing rights to the use of water and of the requirement to file a claim for certain existing rights to the use of water. Every person, including but not limited to an individual, partnership, association, public or private corporation, city or other municipality, county, state agency or the state of Montana, and federal agency of the United States of America on its own behalf or as trustee for any Indian or Indian tribe, asserting a claim to an existing right to the use of water arising prior to July 1, 1973, is ordered to file a statement of claim to that right with the department no later than June 30, 1983. Claims for stock and individual as opposed to municipal domestic uses based upon instream flow or ground water sources are exempt from this requirement; however, claims for such uses may be voluntarily filed. Claims filed with the department in the Powder River basin in a declaration filed pursuant to the order of the department of natural resources and conservation or a district court issued pursuant to sections 8 and 9 of Chapter 452, Laws of 1973, or under sections 3 and 4 of Chapter 485, Laws of 1975, are also exempt.

For further information, contact the department of natural resources and conservation, Helena, Montana, for a copy of the law and an explanation of it."

(2) Upon petition of the attorney general, the Montana supreme court shall issue the order called for in subsection (1) with a shorter claim filing period of not less than 1 year, subject to extension not beyond June 30, 1983, by the Montana supreme court upon petition of the attorney general, in those basins or subbasins where state adjudication jurisdiction is being or is likely to be challenged.
Mont. Code Ann. § 85-7-1954 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1954
85-7-1954 Assumption of operations by United States upon default
Status: in_force

85-7-1954 . Assumption of operations by United States upon default. In addition to other legal remedies, the board of commissioners of the district shall have the power and authority to provide in any contract executed between the United States and the district hereunder that in case of default for more than 12 months in the payment of any installments due under such contract, the control, operation, and maintenance of the district may, in the discretion of the secretary of the interior, be assumed by the United States and the delivery of water withheld until payments are duly made in accordance with the contract requirements.
Mont. Code Ann. § 85-7-2157 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2157
85-7-2157 Purchase of lands by district -- revolving fund, credits, and expenditures
Status: in_force

85-7-2157 . Purchase of lands by district -- revolving fund, credits, and expenditures. (1) When a tax lien is attached to property for which a portion of the delinquent taxes are taxes and assessments levied and assessed by an irrigation district, the commissioners of the irrigation district may take an assignment of the tax lien for the total amount of all delinquent taxes and assessments, penalty, and interest against the land. The county treasurer shall assign the tax lien to the irrigation district and issue an assignment certificate to the irrigation district the same as assignment certificates are issued to other assignees. For the purpose of paying the taxes, assessments, interest, and penalties, the commissioners of the irrigation district may create by resolution a revolving fund for the purchase of tax liens. The commissioners may provide funds for the revolving fund by levy, bond issue, or otherwise. The district may pay the taxes, assessments, interest, and penalties by issuing a warrant to the county treasurer against the revolving fund if there is sufficient money in the fund.

(2) When taxes are paid by the district as provided in this part, the county treasurer shall distribute that portion of the tax belonging to the irrigation district to the several funds as designated in the tax levy and assessment. However, if the board of commissioners of the irrigation district file with the county treasurer a certified copy of the resolution passed by the commissioners requesting nondistribution by the county treasurer of the portion of the tax belonging to the district, the county treasurer may not distribute that portion of the tax belonging to the irrigation district to the several funds as designated in the tax levy and assessment, but the total amount due the irrigation district must be credited by the treasurer to the revolving fund. If money is credited to the revolving fund, at the time of the assignment by the district of the tax lien or of the sale of property obtained through the certificate, the funds that are realized from the sale must be deposited with the county treasurer, together with the rentals received from the property, and the treasurer shall credit the proceeds of the redemption sale or rental pro rata to the several funds of the district in accordance with the original levy or assessment.

(3) At the time of redemption or of the assignment by the district of the tax lien certificate or sale of the property obtained through the certificate, the funds that are realized must be deposited with the county treasurer, together with rentals received from the property. The county treasurer shall credit the proceeds of the redemption, sale, or rentals to the revolving fund to the extent required to reimburse the revolving fund in full. If the sum realized permits, any excess must be credited to the several funds of the district in accordance with the original levy and assessment. Expenditures may not be made from the revolving fund except as provided in this section. The board of irrigation district commissioners may, by resolution, when the fund becomes inactive, transfer the balance to a sinking fund to pay any indebtedness that had been incurred by the district by reason of the creation of the revolving fund.
Mont. Code Ann. § 85-2-231 — MT Code / Title 85 / Chapter 2 / Part 2 / Section 85-2-231
85-2-231 Temporary preliminary decree, preliminary decree, and supplemental preliminary decree
Status: reserved

85-2-231 . Temporary preliminary decree, preliminary decree, and supplemental preliminary decree. (1) A water judge may issue a temporary preliminary decree prior to the issuance of a preliminary decree if the temporary preliminary decree is necessary for the orderly adjudication or administration of water rights.

(2) (a) The water judge shall issue a preliminary decree. The preliminary decree must be based on:

(i) the statements of claim before the water judge, including all claims filed pursuant to 85-2-222 for a preliminary decree issued after June 30, 2019;

(ii) the data submitted by the department;

(iii) the contents of compacts approved by the Montana legislature and the tribe or federal agency or, lacking an approved compact, the filings for federal and Indian reserved rights; and

(iv) any additional data obtained by the water judge.

(b) The preliminary decree must be issued within 90 days after the close of the special filing period set out in 85-2-702 (3) or as soon after the close of that period as is reasonably feasible.

(c) In a basin in which a water judge has issued a preliminary decree prior to July 1, 2019, the water judge shall issue a supplemental preliminary decree that includes but is not limited to claims for exempt rights, as defined in 85-2-222 , that were not included in a preliminary decree and for which notice has not been provided under 85-2-233(6).

(d) The water judge may issue an interlocutory decree if an interlocutory decree is otherwise necessary for the orderly administration of water rights.

(3) A temporary preliminary decree may be issued for any hydrologically interrelated portion of a water division, including but not limited to a basin, subbasin, drainage, subdrainage, stream, or single source of supply of water, or any claim or group of claims at a time different from the issuance of other temporary preliminary decrees.

(4) The temporary preliminary decree, preliminary decree, or supplemental preliminary decree must contain the information and make the determinations, findings, and conclusions required for the final decree under 85-2-234 .

(5) If the water judge is satisfied that the report of the water master meets the requirements for the preliminary decree and is satisfied with the conclusions contained in the report, the water judge shall adopt the report as the preliminary decree. If the water judge is not satisfied, the water judge may recommit the report to the master with instructions or modify the report and issue the preliminary decree.

(6) The department shall examine claims in basins that were verified rather than examined as ordered by the water court. The objection and hearing provisions of Title 85, chapter 2, part 2, apply to these claims. (Subsection (6) terminates June 30, 2028--sec. 10, Ch. 269, L. 2015.)
Mont. Code Ann. § 85-9-628 — MT Code / Title 85 / Chapter 9 / Part 6 / Section 85-9-628
85-9-628 Bond registration -- copy to county
Status: in_force

85-9-628 . Bond registration -- copy to county. (1) When duly executed, all bonds issued under this chapter must be registered by the county treasurer of the county in which the largest portion of the taxable valuation of real property of the district is located. The bonds must be registered in a book provided for that purpose before being delivered to the purchaser.

(2) The registration must show:

(a) the number and amount of each bond;

(b) the date of issue and date redeemable;

(c) the name of the purchaser;

(d) the amount and due date of all payments required on the bonds.

(3) The directors shall provide the county treasurer with an unsigned and canceled printed copy of each issue of bonds of the district. The copy must be preserved in the treasurer's office.
Mont. Code Ann. § 85-6-105 — MT Code / Title 85 / Chapter 6 / Part 1 / Section 85-6-105
85-6-105 Division of irrigation project into districts
Status: in_force

85-6-105 . Division of irrigation project into districts. Such water users' association shall be permitted to divide the area under such irrigation project into as many districts as there are directors provided for in its articles of incorporation. Each district shall elect one director for a term not to exceed 5 years. At the first election held to elect directors under the provisions of this chapter, each district shall elect one director, who shall hold office for such a term of years as the bylaws shall provide, and thereafter a director shall be elected in the district and at the annual election held just prior to the expiration of the term of office of the director of that district.
Mont. Code Ann. § 85-2-525 — MT Code / Title 85 / Chapter 2 / Part 5 / Section 85-2-525
85-2-525 Ground water investigation program -- advisory committee
Status: in_force

85-2-525 . Ground water investigation program -- advisory committee. (1) The Montana bureau of mines and geology shall develop and implement a ground water investigation program for the purpose of collecting and compiling ground water and aquifer data. The program shall gather data, compile existing information, conduct field studies, and prepare a detailed hydrogeologic assessment report for each subbasin. The program shall develop a monitoring plan and a hydrogeologic model for each subbasin for which a report is prepared.

(2) The ground water assessment steering committee, established by 2-15-1523 , shall prioritize subbasins for investigation based upon current and anticipated growth of agriculture, industry, housing, and commercial activity. Permit applications for the development of surface water or ground water and the timing of adjudication of water rights may be taken into account in prioritizing subbasins.

(3) The bureau of mines and geology shall report, in accordance with 5-11-210 , on the work of the ground water investigation program to the water policy committee established in 5-5-231 .
Mont. Code Ann. § 85-7-2143 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2143
85-7-2143 Prosecution for misconduct
Status: in_force

85-7-2143 . Prosecution for misconduct. It shall be the duty of the county attorney in each county to commence and prosecute all actions to enforce any liability created in 85-7-2142 . Such actions shall be tried as civil actions at law.
Mont. Code Ann. § 85-8-601 — MT Code / Title 85 / Chapter 8 / Part 6 / Section 85-8-601
85-8-601 Certification and collection of district taxes
Status: in_force

85-8-601 . Certification and collection of district taxes. (1) Subject to 15-10-420 and on or before the third Monday in August of each year, the commissioners shall certify to the department of revenue a correct list of all the district lands in each county and the owners of the lands, together with a statement of the amount of the total tax or assessment against the lands for district purposes for that year. The department of revenue shall immediately enter the assessment roll in the property tax record of the county for each year.

(2) The county treasurer of each county in which a drainage district is located, in whole or in part, shall collect and receipt for all taxes and assessments levied by the district in the same manner and at the same time as is required in the collection of taxes upon real estate for county purposes as provided in 15-16-102 . However, the treasurer must receive from any taxpayer, at any time, the amount due on account of any district assessments of any kind, whether other taxes on the same real estate are paid or not. When a county is the possessor of a tax lien for any real estate on account of which the district taxes and assessments have been levied, the taxpayer may pay to the treasurer at any time any semiannual installment of the district tax or assessment, together with the penalty and interest to date of payment on the installment. However, the payment may not be considered a redemption of the property from the tax lien, but must be credited on account of any redemption that may later be made. In case of any payment pursuant to this subsection, a separate tax receipt must be issued showing exactly what assessments have been paid and showing that no other tax on the real estate has been received by the treasurer. However, the county treasurer may not collect, receive, or receipt for any taxes levied for county purposes upon real estate situated wholly or in part within any drainage district upon which an assessment for the purposes of the drainage district has been levied unless the assessment levied for the drainage district purposes is either paid as provided in this section and the receipt is presented to the county treasurer at the time the real estate taxes are paid or paid at the time the drainage district taxes are paid.
Mont. Code Ann. § 85-2-427 — MT Code / Title 85 / Chapter 2 / Part 4 / Section 85-2-427
85-2-427 Terminated
Status: in_force

85-2-427 . Terminated. Sec. 4, Ch. 236, L. 2013.
Mont. Code Ann. § 85-7-1413 — MT Code / Title 85 / Chapter 7 / Part 14 / Section 85-7-1413
85-7-1413 Authority to issue revenue bonds
Status: in_force

85-7-1413 . Authority to issue revenue bonds. An irrigation district may:

(1) issue its bonds to finance in whole or in part the acquisition, construction, or improvement of any undertaking; and

(2) pledge to the punctual payment of bonds issued under this part and interest thereon an amount of the revenue of the undertaking (including subsequent improvements or extensions) sufficient to pay the bonds and interest as they become due, and maintain reasonable reserves therefor.
Mont. Code Ann. § 85-2-338 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-338
85-2-338 Upper Clark Fork River basin steering committee -- membership and duties -- comprehensive management plan
Status: in_force

85-2-338 . Upper Clark Fork River basin steering committee -- membership and duties -- comprehensive management plan. (1) There is an upper Clark Fork River basin steering committee. The steering committee has 22 members, who must be appointed as follows:

(a) Each of the six conservation districts in the basin may appoint a member.

(b) Each of the six county commissions in the basin may appoint a member.

(c) The department director shall appoint the remaining 10 committee members and any additional committee members not appointed under subsections (1)(a) and (1)(b) and shall ensure that committee membership includes a balance of affected basin interests and is in conformance with subsection (2).

(2) Steering committee members must be selected on the basis of their knowledge of water use, water management, fish, wildlife, recreation, water quality, and water conservation. Representation on the committee must include but is not limited to representatives from affected:

(a) agriculture;

(b) conservation districts;

(c) departments of state government;

(d) environmental organizations;

(e) industries;

(f) local governments;

(g) reservation applicants;

(h) utilities; and

(i) water users not otherwise represented.

(3) Except as provided in subsection (4), steering committee members shall serve 4-year terms and may serve more than one term.

(4) Initial term lengths must be staggered in conformance with the following:

(a) conservation district appointees shall initially serve for 4 years;

(b) county commissioner appointees shall initially serve for 2 years; and

(c) as determined by the department, half of the department appointees shall initially serve for 2 years and the remainder shall initially serve for 4 years.

(5) The steering committee, consistent with the upper Clark Fork River basin comprehensive management plan, shall:

(a) review the upper Clark Fork River basin closure and exceptions as provided in 85-2-336 no less than every 5 years after April 14, 1995, and make recommendations to the legislature regarding necessary changes;

(b) prepare and submit a report concerning the relationship between surface water and ground water and the cumulative impacts of ground water withdrawals in each subbasin;

(c) provide a forum for all interests to communicate about water issues;

(d) provide education about water law and water management issues;

(e) identify short-term and long-term water management issues and problems and identify alternatives for resolving them;

(f) identify the potential beneficiaries of and a funding mechanism for new and expanded water storage sites;

(g) assist in facilitating the resolution of water-related disputes;

(h) provide coordination with other basin management and planning efforts;

(i) advise government agencies about water management and permitting activities;

(j) consult with local governments within the upper Clark Fork River basin; and

(k) report relevant recommendations as determined necessary to the legislature in accordance with 5-11-210 .
Mont. Code Ann. § 85-2-523 — MT Code / Title 85 / Chapter 2 / Part 5 / Section 85-2-523
85-2-523 Rulemaking
Status: in_force

85-2-523 . Rulemaking. The department shall adopt rules for the purpose of implementing 85-2-506 and other controlled ground water area statutes. The rules must include but are not limited to petition requirements and the hearing procedure and process for controlled ground water areas.
Mont. Code Ann. § 85-15-105 — MT Code / Title 85 / Chapter 15 / Part 1 / Section 85-15-105
85-15-105 Short title
Status: in_force

85-15-105 . Short title. This chapter may be cited as the "Montana Dam Safety Act".
Mont. Code Ann. § 85-20-1004 — MT Code / Title 85 / Chapter 20 / Part 10 / Section 85-20-1004
85-20-1004 Mitigation account
Status: in_force

85-20-1004 . Mitigation account. (1) A private purpose trust account, called the mitigation account, is established, as provided for in 17-2-102 , for deposit of funds and interest on funds appropriated by the state for mitigation measures required by Article VI of the compact.

(2) On approval of a final decree pursuant to Article VII of the compact, the funds and interest on funds in the mitigation account must be made available to the department of natural resources and conservation to cover the state's cost-share for construction of mitigation measures chosen on completion of a feasibility study and appropriate state and federal environmental review and on consideration of the economic development plan authorized by 85-20-1008 .
Mont. Code Ann. § 85-2-905 — MT Code / Title 85 / Chapter 2 / Part 9 / Section 85-2-905
85-2-905 Ground water assessment account
Status: in_force

85-2-905 . Ground water assessment account. (1) There is a ground water assessment account within the special revenue fund established in 17-2-102 . The Montana bureau of mines and geology is authorized to expend amounts from the account necessary to carry out the purposes of this part.

(2) The account may be used by the Montana bureau of mines and geology only to carry out the provisions of this part.

(3) Subject to the direction of the ground water assessment steering committee, the Montana bureau of mines and geology shall investigate opportunities for the participation and financial contribution of agencies of federal and local governments to accomplish the purposes of this part.

(4) There must be deposited in the account:

(a) at the beginning of each fiscal year, the proceeds from the resource indemnity and ground water assessment tax, as authorized by 15-38-106 , and the interest earnings from the resource indemnity trust fund, as authorized by 15-38-202 ;

(b) funds provided by state government agencies and by local governments to carry out the purposes of this part; and

(c) funds provided by any other public or private sector organization or person in the form of gifts, grants, or contracts specifically designated to carry out the purposes of this part.
Mont. Code Ann. § 85-7-1601 — MT Code / Title 85 / Chapter 7 / Part 16 / Section 85-7-1601
85-7-1601 Authority for joint operation of districts
Status: in_force

85-7-1601 . Authority for joint operation of districts. Whenever the board of commissioners of one or more irrigation districts, established and organized by virtue of the provisions of 85-7-101 through 85-7-103 shall, in their discretion, deem it advisable for the best interests of their district to operate, manage, supervise, and maintain the operation of their district jointly with another irrigation district, the said commissioners are hereby authorized and empowered to enter into written contracts for the creation of a joint board of control. 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 creation of a joint board of control.
Mont. Code Ann. § 85-20-109 — MT Code / Title 85 / Chapter 20 / Part 1 / Section 85-20-109
85-20-109 Department to make rules
Status: in_force

85-20-109 . Department to make rules. The department of natural resources and conservation shall adopt and enforce reasonable rules consistent with this part and the Yellowstone River Compact.
Mont. Code Ann. § 85-1-704 — MT Code / Title 85 / Chapter 1 / Part 7 / Section 85-1-704
85-1-704 Prioritization of water storage projects -- governor's report
Status: reserved

85-1-704 . Prioritization of water storage projects -- governor's report. (1) The governor shall submit to the legislature a report in accordance with 5-11-210 identifying specific water storage projects proposed for development, including the rehabilitation of existing projects and new project proposals. The report must contain:

(a) a list of water storage project priorities;

(b) an implementation strategy for each priority project that identifies the resources (including specific budget requests), government actions, and other actions needed to accomplish the project; and

(c) a progress report on the development of water storage projects during the previous 2 years.

(2) In setting priorities among new water storage projects, the governor shall consider whether a project:

(a) solves a severe water problem;

(b) provides multiple uses and benefits;

(c) provides for public uses;

(d) shows strong evidence of broad citizen support;

(e) is able to obtain nonstate sources of funding;

(f) protects and seeks to enhance social, ecological, cultural, and aesthetic values;

(g) improves local and state economic development;

(h) could resolve Indian and federal reserved water rights issues;

(i) supports water conservation activities; and

(j) promotes the use of water reserved under Montana law.

(3) In setting priorities among water storage rehabilitation projects, the governor shall consider whether the project:

(a) is needed to protect public safety;

(b) has impacts if not repaired or rehabilitated; and

(c) accomplishes the goals listed in subsections (2)(a) through (2)(j).

(4) In establishing budget priorities for the allocation of state water storage development funds:

(a) first preference must be given to projects that resolve threats to life and property posed by high-hazard facilities that are in an unsafe condition;

(b) second preference must be given to projects that improve or expand existing water storage facilities; and

(c) third preference must be given to the planning and construction of new water storage facilities.
Mont. Code Ann. § 85-1-223 — MT Code / Title 85 / Chapter 1 / Part 2 / Section 85-1-223
85-1-223 Negotiations with other states by the department
Status: in_force

85-1-223 . Negotiations with other states by the department. The department may negotiate with the duly constituted authorities or agencies of other states and of the United States in the preparation of interstate compacts or agreements governing the use, distribution, and allocation of the water of any stream or streams flowing from Montana into such other states or flowing from such other states into Montana. It shall cooperate with other states and with the United States in making the necessary studies and obtaining the data necessary to the preparation of the compacts. This authority and the duties hereby imposed are limited to the preparation and proposal of the compact and the compact or agreement is not binding upon the state of Montana until approved by the legislature of Montana and the legislatures of the other state or states involved in the compact.
Mont. Code Ann. § 85-7-2164 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2164
85-7-2164 Application of certain sections
Status: in_force

85-7-2164 . Application of certain sections. Sections 85-7-2157 through 85-7-2163 shall apply only when or after said irrigation district shall have commenced delivery of water to any lands included in such irrigation district.
Mont. Code Ann. § 85-2-506 — MT Code / Title 85 / Chapter 2 / Part 5 / Section 85-2-506
85-2-506 Controlled ground water areas -- designation or modification
Status: in_force

85-2-506 . Controlled ground water areas -- designation or modification. (1) The department may by rule designate or modify permanent or temporary controlled ground water areas as provided in this part. The rule for each controlled ground water area must designate the boundaries of the controlled ground water area.

(2) The rulemaking process for designation or modification of a controlled ground water area may be initiated by:

(a) the department;

(b) submission of a correct and complete petition from a state or local public health agency for identified public health risks; or

(c) submission of a correct and complete petition:

(i) by a municipality, county, conservation district, or local water quality district formed under Title 7, chapter 13, part 45; or

(ii) signed by at least one-third of the water right holders in a proposed controlled ground water area.

(3) (a) A correct and complete petition must:

(i) be in a form prescribed by the department and must contain analysis prepared by a hydrogeologist, a qualified scientist, or a qualified licensed professional engineer concluding that one or more of the criteria provided in subsection (5) are met; and

(ii) describe proposed measures, if any, to mitigate effects of the criteria identified in subsection (5) that are alleged in the petition.

(b) When the department proposes a rule pursuant to this section, the place for the hearing must be within or as close as practical to the proposed or existing controlled ground water area.

(c) (i) The department shall notify the petitioner of any defects in a petition within 180 days. If the department does not notify the petitioner of any defects within 180 days, the petition must be treated as correct and complete.

(ii) A petition that is not made correct and complete within 90 days from the date of notification by the department of any defect is terminated.

(4) (a) Within 60 days after a petition is determined to be correct and complete, the department shall:

(i) deny in writing the petition in whole or in part, stating the reasons for denial;

(ii) inform the petitioner that the department will study the information presented in the petition for a period not to exceed 90 days before denying or proceeding with the petition; or

(iii) initiate rulemaking proceedings in accordance with Title 2, chapter 4, part 3.

(b) Failure of the department to act under subsection (4)(a) does not mandate that the department grant the petition for rulemaking.

(c) In addition to the notice requirements of Title 2, chapter 4, parts 1 through 4, the department shall provide public notice of the rulemaking hearing by:

(i) publishing a notice at least once each week for 3 successive weeks, with the first notice not less than 30 days before the date of the hearing in a newspaper of general circulation in the county or counties in which the proposed controlled ground water area is located;

(ii) serving by mail a copy of the notice, not less than 30 days before the hearing, upon each person or public agency known from an examination of the records of the department to be a water right holder with a diversion within the proposed controlled ground water area, all landowners of record within the proposed controlled ground water area, and each well driller licensed in Montana whose address is within any county in which any part of the proposed controlled ground water area is located; and

(iii) serving by mail a copy of the notice upon any other person or state or federal agency that the department feels may be interested in or affected by the proposed designation or modification of a controlled ground water area.

(d) The notice under subsection (4)(c) must include a summary of the basis for the proposed rule. Publication and mailing of the notice as prescribed in this section, when completed, is considered to be sufficient notice of the hearing to all interested persons.

(5) The department may designate a permanent controlled ground water area by rule if it finds by a preponderance of the evidence that any of the following criteria have been met and cannot be appropriately mitigated:

(a) current or projected reductions of recharge to the aquifer or aquifers in the proposed controlled ground water area will cause ground water levels to decline to the extent that water right holders cannot reasonably exercise their water rights;

(b) current or projected ground water withdrawals from the aquifer or aquifers in the proposed controlled ground water area have reduced or will reduce ground water levels or surface water availability necessary for water right holders to reasonably exercise their water rights;

(c) current or projected ground water withdrawals from the aquifer or aquifers in the proposed controlled ground water area have induced or altered or will induce or alter contaminant migration exceeding relevant water quality standards;

(d) current or projected ground water withdrawals from the aquifer or aquifers in the proposed controlled ground water area have impaired or will impair ground water quality necessary for water right holders to reasonably exercise their water rights based on relevant water quality standards;

(e) ground water within the proposed controlled ground water area is not suited for beneficial use; or

(f) public health, safety, or welfare is or will become at risk.

(6) (a) If the department finds that sufficient facts are not available to designate a permanent controlled ground water area, it may designate by rule a temporary controlled ground water area to allow studies to obtain the facts needed to determine whether or not it is appropriate to designate a permanent controlled ground water area. The department shall set the length of time that the temporary controlled ground water area will be in effect. Subject to subsection (6)(c), the term of a temporary controlled ground water area may be extended by rule.

(b) A temporary controlled ground water area designation is for the purpose of study and cannot include the control provisions provided in subsection (7), other than measurement, water quality testing, and reporting requirements.

(c) A temporary controlled ground water area designation may not exceed a total of 6 years, including any extensions.

(d) Prior to expiration of a temporary controlled ground water area, the department may amend or repeal the rule establishing the temporary controlled ground water area or may designate a permanent controlled ground water area through the rulemaking process under this section.

(e) Studies for temporary controlled ground water areas may be considered for funding under the renewable resource grant and loan program in Title 85, chapter 1, part 6.

(f) If there is a ground water investigation program within the bureau, the ground water assessment steering committee established by 2-15-1523 shall consider temporary controlled ground water areas for study.

(7) A controlled ground water area may include but is not limited to the following control provisions:

(a) a provision closing the controlled ground water area to further appropriation of ground water;

(b) a provision restricting the development of future ground water appropriations in the controlled ground water area by flow, volume, purpose, aquifer, depth, water temperature, water quality, density, or other criteria that the department determines necessary;

(c) a provision requiring measurement of future ground water or surface water appropriations;

(d) a provision requiring the filing of notice on land records within the boundary of a permanent controlled ground water area to inform prospective holders of an interest in the property of the existence of a permanent controlled ground water area. Notice of the designation must be removed or modified as necessary to accurately reflect modification or repeal of a permanent designation within 60 days.

(e) a provision for well spacing requirements, well construction constraints, and prior department approval before well drilling, unless the well is regulated pursuant to Title 82, chapter 11;

(f) a provision for mitigation of ground water withdrawals;

(g) a provision for water quality testing;

(h) a provision for data reporting to the department; and

(i) other control provisions that the department determines are appropriate and adopts through rulemaking.

(8) Pursuant to 85-20-1902 , the provisions of this section do not apply within the exterior boundaries of the Flathead Indian reservation.
Mont. Code Ann. § 85-7-1934 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1934
85-7-1934 Lands under irrigation -- inclusion in district
Status: in_force

85-7-1934 . Lands under irrigation -- inclusion in district. (1) Any land already under irrigation from any source may be included in any irrigation district, either at the time of the organization of such district or at any time thereafter, and such land shall be entitled to receive and shall be given the same amount of water necessarily used thereon at the time of such inclusion. The canals, ditches, flumes, dams, or other works previously used to irrigate such land may be used or supplanted either wholly or in part by the district works. The owner of such land, canals, ditches, flumes, dams, or other works shall be entitled to compensation for any and all damage sustained by reason of the appropriation of the same or by the construction of said district works.

(2) Lands already under irrigation, lands having water rights appurtenant thereto, or lands which can be irrigated from sources more feasible than the district system shall not be included within such district unless the owner of such lands shall consent in writing to have such lands included in said district.

(3) Districts formed to cooperate with the United States may extend their boundaries to include such lands upon petition of the owners of two-thirds only of the acreage of the lands to be included, and the boundaries shall be susceptible of change as provided in 85-7-1808 through 85-7-1811 and 85-7-1841 through 85-7-1845 .

(4) All lands having water rights appurtenant thereto which are served by a system of irrigation works supplying more than 10,000 acres of land may, in the discretion of the court, be included in the proposed district, on petition of at least a majority both in number and acreage of the holders of title or evidence of title to the land having water rights appurtenant thereto and served by the same system of irrigation works.
Mont. Code Ann. § 85-2-524 — MT Code / Title 85 / Chapter 2 / Part 5 / Section 85-2-524
85-2-524 Criteria for petition applications
Status: in_force

85-2-524 . Criteria for petition applications. Municipalities, counties, conservation districts, and local water quality districts may establish specific criteria for acceptance of an application to the municipality, county, conservation district, or local water quality district to petition for creation of a controlled ground water area and other criteria necessary to implement this part. Those criteria may include but are not limited to:

(1) the submission of substantial credible evidence that one or more of the criteria provided in 85-2-506 (5) are met;

(2) a description of proposed measures, if any, to mitigate effects of the criteria identified in 85-2-506 (5);

(3) a description of proposed studies for a temporary controlled ground water area;

(4) a requirement that an application be supported by owners of at least one-fourth of the water rights with a point of diversion of water within the boundaries of the proposed controlled ground water area;

(5) a requirement that an applicant pay an application or processing fee for the application; and

(6) a description of proposed funding for studies for a controlled ground water area.
Mont. Code Ann. § 85-7-2131 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2131
85-7-2131 Funds for payment of each series of bonds to be kept distinct
Status: in_force

85-7-2131 . Funds for payment of each series of bonds to be kept distinct. When more than one series of bonds shall have been issued by a district, the funds for the payment of each series shall be kept separate and distinct. When contract is made between the district and the United States, accompanying which bonds of the district have not been deposited with the United States, as provided in 85-7-1906 , the funds for the payment to be made under any such contract shall be kept separate and distinct.
Mont. Code Ann. § 85-2-155 — MT Code / Title 85 / Chapter 2 / Part 1 / Section 85-2-155
85-2-155 Terminated
Status: in_force

85-2-155 . Terminated. Sec. 7, Ch. 298, L. 2019.
Mont. Code Ann. § 85-7-2117 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2117
85-7-2117 Conclusiveness of tax or assessment
Status: in_force

85-7-2117 . Conclusiveness of tax or assessment. In determining the proper and just tax or assessment to be levied against any land for district purposes, the finding of the board of commissioners of the district, in the absence of fraud or mistake, are conclusive and final, except as otherwise provided in this part.
Mont. Code Ann. § 85-7-2031 — MT Code / Title 85 / Chapter 7 / Part 20 / Section 85-7-2031
85-7-2031 Amending or supplementing United States contracts -- effect on indebtedness
Status: in_force

85-7-2031 . Amending or supplementing United States contracts -- effect on indebtedness. The board of commissioners of any irrigation district established and organized under and by virtue of the laws of Montana, whenever deemed advisable and to the interests of the district, shall have the power and authority to enter into any contract with the United States supplementing or amending any original contract with the United States, said original contract having been entered into pursuant to the provisions of 85-7-1906 and 85-7-2012 through 85-7-2015 ; provided, that such supplementary or amendatory contract does not increase the amount of the principal indebtedness of the district to the United States as it exists at the date of the supplementary or amendatory contract authorized under the provisions of 85-7-2012 through 85-7-2015 .
Mont. Code Ann. § 85-8-116 — MT Code / Title 85 / Chapter 8 / Part 1 / Section 85-8-116
85-8-116 Procedure on adjourned day
Status: in_force

85-8-116 . Procedure on adjourned day. Upon the adjourned day the same proceedings, adjournments, trial findings, and orders may be had as in case of complete service of notice in the first instance. In case of failure to mail said notice as herein required, the court or judge may order the same mailed later and shall adjourn said hearing so that said notice shall be mailed at least 14 days before said adjourned hearing. In case of failure to publish or post notice as required in this part, the court or judge may adjourn said hearing for sufficient time to permit the due posting and publication of said notice and order said notice posted or published as directed in 85-8-111 . In case of adjournment to permit notice to be given, the notice shall state the fact of such adjournment and the time and place of hearing pursuant to said adjournment.
Mont. Code Ann. § 85-7-2135 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2135
85-7-2135 Transmission of funds from other counties
Status: in_force

85-7-2135 . Transmission of funds from other counties. Where the lands of any district lie in more than one county, the district taxes or assessments collected in counties in which the principal office is not located shall be transmitted, on or before the 10th day of each month except June and December, by the county treasurer of such county to the county treasurer of the county wherein the office of the district is located.
Mont. Code Ann. § 85-20-1503 — MT Code / Title 85 / Chapter 20 / Part 15 / Section 85-20-1503
85-20-1503 Definitions
Status: in_force

85-20-1503 . Definitions. As used in 85-20-1503 through 85-20-1506 , the following definitions apply:

(1) "Blackfeet Tribe" means the Blackfeet Tribe of the Blackfeet Indian reservation of Montana; and

(2) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.
Mont. Code Ann. § 85-1-308 — MT Code / Title 85 / Chapter 1 / Part 3 / Section 85-1-308
85-1-308 Provisions for conveyance in trust or mortgage
Status: in_force

85-1-308 . Provisions for conveyance in trust or mortgage. In the discretion of the department, any trust indenture executed by it as security for a series of bonds may contain provisions for conveying in trust or mortgaging the works, the project, or any part of the works or project, including all water rights that are a part of the works or project, constructed with the proceeds of the bonds or with the proceeds as supplemented by the proceeds of a grant to aid in financing the construction from the United States or any instrumentality or agency of the United States. The trust indenture may be in a form and with rights, remedies, and provisions as is customary in trust indentures, deeds of trust, and mortgages securing bonds or debentures of corporations. Any purchaser at any sale of any works or project pursuant to a judgment or decree in an action to foreclose a trust indenture conveying in trust or mortgaging any works or project shall obtain title to the works or project free from any trust or other obligation of the department, the state of Montana, or the public as to its operation, maintenance, use, or disposition except the obligation to use all water impounded in the works or project for sale, rental, distribution, or other beneficial use.
Mont. Code Ann. § 85-9-504 — MT Code / Title 85 / Chapter 9 / Part 5 / Section 85-9-504
85-9-504 Procedure to exclude lands
Status: in_force

85-9-504 . Procedure to exclude lands. Any territory included within a district formed under the provisions of this chapter and not benefited in any manner by the district or its inclusion in the district may be excluded from the district. The procedure for exclusion consists of the following:

(1) A petition for exclusion must be initiated by either the directors or the owner or owners of the land sought to be excluded.

(2) The petition must:

(a) give a description of the territory sought to be excluded sufficient to enable a person to determine if the person's property is in the proposed exclusion;

(b) set forth that the territory is not benefited in any manner by the district or its continued inclusion in the district; and

(c) request that the territory be excluded from the district.

(3) When owners of property initiate the petition for exclusion, the petition must be filed with the secretary of the district and must be accompanied by a deposit of $100 to meet the costs incident to the process of exclusion. The unexpended balance of the deposit must be returned to the petitioner.

(4) Upon the filing of the petition with the secretary of the district, the secretary shall call a meeting of the directors to consider the petition. The directors shall approve or disapprove of the merits of the petition. The secretary shall then file the petition, together with a copy of the action of the directors, with the court.

(5) The court shall give notice, hold a hearing, and issue an order either granting or denying the petition.
Mont. Code Ann. § 85-7-110 — MT Code / Title 85 / Chapter 7 / Part 1 / Section 85-7-110
85-7-110 Districts organized under earlier laws
Status: in_force

85-7-110 . Districts organized under earlier laws. Any irrigation district organized under the provisions of Chapter 70, Laws of 1907, and Chapter 16, Laws of 1909, shall be governed by the applicable provisions of this chapter. Whenever any irrigation district shall have already been organized under the provisions of said session laws and shall have issued bonds or entered into any contract of purchase or construction, nothing contained in this chapter shall be construed as affecting the rights of the holders of said bonds or of any person, persons, corporation, or association party or parties to any such contract with said district, under or by virtue of any of the provisions of said session laws. If a majority of the holders of title or evidence of title to lands included in the district heretofore organized under the provisions of said session laws (said holders of title or evidence of title, also representing a majority in acreage of irrigable lands of said district) shall petition under the provisions of this part for the organization of a new district, including not less than four-fifths of the irrigable lands embraced within such districts so organized, and shall pray for an order disorganizing such district and vacating all proceedings therein, the court shall have jurisdiction to proceed under this part and part 15 to organize such new district and, in making its final order creating such new district, shall also make an order vacating and disorganizing the old district. All money or property belonging to such old district shall be and become the money and property of such new district. Should any lands included in the old district not be included in the new district, the commissioners of the latter shall pay to the owner or owners of such land their just proportion thereof, on the basis of the last assessment made.
Mont. Code Ann. § 85-8-323 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-323
85-8-323 Hearing and notice on preliminary report
Status: in_force

85-8-323 . Hearing and notice on preliminary report. Upon the filing of the preliminary report the court or the presiding judge thereof shall by order fix a time and place when and where the same shall be heard at some general or special term of said court, not less than 30 days from the filing of said report. Notice of the time and place of hearing upon said preliminary report shall be given to all interested persons by publishing a brief notice of the filing of said report, including a brief statement of the substance of said report, in one or more newspapers published in each county in which any land in said proposed drainage district shall be situated (or, if no newspaper is published in said county, in one or more newspapers in an adjoining county) once in each week for 3 successive weeks prior to the day appointed for hearing thereon. Said notice shall:

(1) describe all lands included by said report in said district which were not included therein by the petition and state that such lands are to be included in said district; and

(2) describe all lands excluded from said district which were by the petition included therein and shall state that such lands are to be excluded from said district.
Mont. Code Ann. § 85-7-302 — MT Code / Title 85 / Chapter 7 / Part 3 / Section 85-7-302
85-7-302 Application of part
Status: in_force

85-7-302 . Application of part. This part shall apply only when more than 15 owners of land, with water rights appurtenant thereto, shall have diverted water by means of a single intake from the source of supply and shall have provided a single canal for conveying such water to the branches and laterals of an established irrigation system, serving at least 1,000 acres of land contiguous in location or of reasonably compact area and in which the rights to the use of the water shall have been determined by decree of a court of competent jurisdiction.
Mont. Code Ann. § 85-2-364 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-364
85-2-364 Department permit coordination -- requirements for aquifer recharge or mitigation plans
Status: in_force

85-2-364 . Department permit coordination -- requirements for aquifer recharge or mitigation plans. To ensure that the department and the department of environmental quality are coordinating their respective permitting activities:

(1) an applicant for a new appropriation right pursuant to 85-2-360 that involves aquifer recharge or mitigation shall provide the department with a copy of a relevant discharge permit if necessary; and

(2) the department may not grant a new appropriation right pursuant to 85-2-360 that involves aquifer recharge or mitigation until the discharge permit, if necessary, has been obtained and presented to the department.
Mont. Code Ann. § 85-1-512 — MT Code / Title 85 / Chapter 1 / Part 5 / Section 85-1-512
85-1-512 Standards for the determination
Status: in_force

85-1-512 . Standards for the determination. (1) The standards for the determination provided for in 85-1-511 by the public service commission shall include the following:

(a) Long-term contracts for the purchase of electricity by the utility or electric cooperative from a small-scale hydroelectric facility under this chapter shall be encouraged in order to enhance the economic feasibility of such facilities.

(b) The rates paid by a utility or electric cooperative to a small-scale hydroelectric facility may not exceed, over the term of the purchase contract, the incremental cost to the utility or electric cooperative of the electricity that, but for the purchase from the small-scale hydroelectric facility, the utility or electric cooperative would generate or purchase from another source.

(c) The rates to be paid by a utility or an electric cooperative for power purchased from a small-scale hydroelectric facility shall be established with consideration of the availability and reliability of the power produced.

(2) The commission may set these rates by use of any of the following methods:

(a) the levelized avoided cost over the term of the contract;

(b) the cost of production for the small-scale hydroelectric facility plus a just and reasonable return; or

(c) any other method that will promote the development of small-scale hydroelectric facilities.
Mont. Code Ann. § 85-7-1955 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1955
85-7-1955 Liquidation of indebtedness with federal funds
Status: in_force

85-7-1955 . Liquidation of indebtedness with federal funds. When money is provided by the United States for liquidating bonded indebtedness of any irrigation district, the county treasurer is authorized and empowered to cancel the district bonds so liquidated and surrender them to the United States, taking therefor a receipt signed by the secretary of the interior, which receipt shall be placed in the records of the county treasurer and shall be conclusive evidence of the cancellation and surrender of the district bonds.
Mont. Code Ann. § 85-5-106 — MT Code / Title 85 / Chapter 5 / Part 1 / Section 85-5-106
85-5-106 Maintenance and repair of ditches or systems
Status: in_force

85-5-106 . Maintenance and repair of ditches or systems. Upon written request of the owners of at least 51% of the water rights in any adjudicated ditch or single water system, the judge of the district court may empower the commissioner to maintain and keep in reasonable repair such water ditch or water system at the expense of the owners thereof, and for such purposes the commissioner shall have authority to enter and work upon any ditch, canal, aqueduct, or other source of conveying the waters affected by the decree and the right-of-way thereof and to visit, inspect, and adjust all headgates or other means of distribution of such waters.
Mont. Code Ann. § 85-2-604 — MT Code / Title 85 / Chapter 2 / Part 6 / Section 85-2-604
85-2-604 When department may suspend action
Status: in_force

85-2-604 . When department may suspend action. The department may suspend action on applications not meeting the definition of application in 85-2-602 if it determines, after a public hearing conducted under the contested case procedures of the Montana Administrative Procedure Act, that the cumulative impact of those applications, if granted, would be contrary to the policies and purposes of this part. If the department suspends action on such applications, the provisions of 85-2-603 apply.
Mont. Code Ann. § 85-7-1961 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1961
85-7-1961 Districts organized prior to certain date -- authority to continue electrical power operations
Status: in_force

85-7-1961 . Districts organized prior to certain date -- authority to continue electrical power operations. (1) An irrigation district or project that was organized prior to March 30, 1981, under Title 85, chapter 7, is authorized to continue all electrical power operations it conducted prior to March 30, 1981.

(2) Electrical power operations authorized by subsection (1) of this section include generation, distribution, and sale of electrical power and the reasonable and necessary means to carry out such operations.

(3) In addition to the authority otherwise provided in this section and Title 85, chapter 7, irrigation districts or projects organized under Title 85, chapter 7, or described in 85-7-110 , may construct, install, operate, and maintain facilities to generate, transmit, and sell, as well as any associated facilities necessary to that end, electricity using the water power potential of irrigation projects or works or federally owned water impoundment projects where electric power generation facilities have not heretofore been installed and licensed under the Federal Power Act.
Mont. Code Ann. § 85-2-227 — MT Code / Title 85 / Chapter 2 / Part 2 / Section 85-2-227
85-2-227 Claim to constitute prima facie evidence -- relevant evidence -- abandonment -- criteria for presumption of municipal nonabandonment
Status: in_force

85-2-227 . Claim to constitute prima facie evidence -- relevant evidence -- abandonment -- criteria for presumption of municipal nonabandonment. (1) For purposes of adjudicating rights pursuant to this part, a claim of an existing right filed in accordance with 85-2-221 or an amended claim of existing right constitutes prima facie proof of its content until the issuance of a final decree. For purposes of administering water rights, the provisions of a temporary preliminary decree or a preliminary decree, as modified after objections and hearings, supersede a claim of existing right until a final decree is issued.

(2) A water judge may consider all relevant evidence in the determination and interpretation of existing water rights. Relevant evidence under this part may include admissible evidence arising before or after July 1, 1973.

(3) Subject to the provisions of subsection (4), a water judge may determine all or part of an existing water right to be abandoned based on a consideration of all admissible evidence that is relevant, including, without limitation, evidence relating to acts or intent occurring in whole or in part after July 1, 1973.

(4) In a determination of abandonment made under subsection (3), the legislature finds that a water right that is claimed for municipal use by a city, town, or other public or private entity that operates a public water supply system, as defined in 75-6-102 , is presumed to not be abandoned if the city, town, or other private or public entity has used any part of the water right or municipal water supply and there is admissible evidence that the city, town, or other public or private entity also has:

(a) obtained a filtration waiver under the federal Safe Drinking Water Act, 42 U.S.C. 300(f), et seq.;

(b) acquired, constructed, or regularly maintained diversion or conveyance structures for the future municipal use of the water right;

(c) conducted a formal study, prepared by a registered professional engineer or qualified consulting firm, that includes a specific assessment that using the water right for municipal supply is feasible and that the amount of the water right is reasonable for foreseeable future needs; or

(d) maintained facilities connected to the municipal water supply system to apply the water right to:

(i) an emergency municipal water supply;

(ii) a supplemental municipal water supply; or

(iii) any other use approved by the department under Title 85, chapter 2, part 4.
Mont. Code Ann. § 85-15-215 — MT Code / Title 85 / Chapter 15 / Part 2 / Section 85-15-215
85-15-215 Emergency repairs or breaching
Status: in_force

85-15-215 . Emergency repairs or breaching. (1) In case of an emergency, the department may take any action necessary to safeguard life and property. This action must be commenced immediately by the owner, or by the department at the owner's expense if the owner fails to act. The department must be notified immediately of any proposed emergency repairs or breaching to be instituted by the owner.

(2) All costs incurred by the department during an emergency must be paid by the owner on receipt of a bill of costs from the department. The costs are 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.
Mont. Code Ann. § 85-20-1506 — MT Code / Title 85 / Chapter 20 / Part 15 / Section 85-20-1506
85-20-1506 Administrative rules
Status: in_force

85-20-1506 . Administrative rules. (1) The department shall adopt reasonable rules for implementing and administering 85-20-1503 through 85-20-1505 .

(2) In proposing rules, the department shall:

(a) consult with affected stakeholders, including the Pondera County conservation district and the Glacier County conservation district; and

(b) give priority to mitigating impacts on water right holders under state law who use water out of Birch Creek.
Mont. Code Ann. § 85-9-409 — MT Code / Title 85 / Chapter 9 / Part 4 / Section 85-9-409
85-9-409 Participation in federal programs
Status: in_force

85-9-409 . Participation in federal programs. A district organized under this chapter, by itself or in conjunction with others as a sponsoring organization, may participate in all federal programs, including but not limited to the Watershed Protection and Flood Prevention Act of 1954 (68 Stat. 666), the federal Water Project Recreation Act of 1965 (79 Stat. 213), the federal Reclamation Act of 1902 (32 Stat. 388), and amendments to those acts.
Mont. Code Ann. § 85-9-301 — MT Code / Title 85 / Chapter 9 / Part 3 / Section 85-9-301
85-9-301 Procedure for dissolution of district
Status: in_force

85-9-301 . Procedure for dissolution of district. (1) The procedure for dissolution of a district is:

(a) a resolution shall be passed by the directors requesting dissolution;

(b) a petition signed by 20% of the electors representing 10% of the taxable valuation of real property in the district shall be presented to the directors; or

(c) if the district or its directors have been inactive for 1 year or more, any elector may present a petition.

(2) The resolution or petition shall be presented to the court by the directors or by the petitioners if the directors remain inactive.

(3) Not more than one resolution or petition may be presented to the court in any 24-month period, and no such petition may be presented during the first 24 months after a district's initial organization.
Mont. Code Ann. § 85-5-302 — MT Code / Title 85 / Chapter 5 / Part 3 / Section 85-5-302
85-5-302 Maintenance of headgates and measuring devices
Status: in_force

85-5-302 . Maintenance of headgates and measuring devices. All persons using water from any stream or ditch for which a water commissioner is appointed are required to have suitable headgates at the point where a ditch taps a stream and shall also, at some suitable place on the ditch and as near the head as practicable, place and maintain a proper measuring box, weir, or other appliance for the measurement of the waters flowing in the ditch. If a person fails to place or maintain a proper measuring appliance, it is the duty of the water commissioner not to apportion or distribute any water through the ditch. The commissioner shall notify all parties interested by certified mail or in person 1 week before making the annual repair or cleaning of a stream or ditch or performing necessary labor or expenses to divert water to a ditch. The sending of a certified letter to the last-known post-office address of any interested party is prima facie evidence of the fact that the party was duly notified. Any work in the way of repairing a ditch made necessary by an emergency may be done without notice when injury would result from a delay.
Mont. Code Ann. § 85-1-618 — MT Code / Title 85 / Chapter 1 / Part 6 / Section 85-1-618
85-1-618 Restrictions on use of bond proceeds
Status: in_force

85-1-618 . Restrictions on use of bond proceeds. Renewable resource bond proceeds may be used only for the purpose of making loans as provided in the renewable resource grant and loan program or for purchasing liens and operating property as provided in 85-1-615 .
Mont. Code Ann. § 85-2-216 — MT Code / Title 85 / Chapter 2 / Part 2 / Section 85-2-216
85-2-216 Venue for water rights determinations
Status: in_force

85-2-216 . Venue for water rights determinations. All matters concerning the determination and interpretation of existing water rights shall be brought before or immediately transferred to the water judge in the proper water division unless witnesses have been sworn and testimony has been taken by a district court prior to the date of the Montana supreme court order as provided in 85-2-212 .
Mont. Code Ann. § 85-2-806 — MT Code / Title 85 / Chapter 2 / Part 8 / Section 85-2-806
85-2-806 Combined proceeding
Status: in_force

85-2-806 . Combined proceeding. The department, upon petition by the applicant, may consider and act upon any application for diversion of water from the basin filed pursuant to the provisions of this part in conjunction with proceedings involving the siting of a facility or associated facilities conducted under the provisions of Title 75, chapter 20, part 4, as amended, or in conjunction with any departmental proceeding involving the issuance of a permit or approval of a change conducted under Title 85, chapter 2, if in the opinion of the department consideration of both applications in the same proceeding will better enable the department to fulfill its functions, duties, and responsibilities under the provisions of Title 75, chapter 20, part 4, or Title 85, chapter 2, and this part. The department's consent to the diversion of Montana water out of the basin for ultimate use in a facility as defined in Title 75, chapter 20, must be contingent upon the department's issuance of a certificate for the facility in accordance with Title 75, chapter 20. The department's consent terminates 10 years after the date of issuance of the consent unless the department issues the certificate for the facility in accordance with Title 75, chapter 20, and approval of North Dakota and Wyoming is secured in accordance with Article X of the compact or unless consent is extended by the department.
Mont. Code Ann. § 85-2-382 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-382
85-2-382 Fox Hills-Hell Creek aquifer -- ground water study
Status: in_force

85-2-382 . (Temporary) Fox Hills-Hell Creek aquifer -- ground water study. (1) The bureau of mines and geology shall complete a feasibility study on ground water availability from the Fox Hills-Hell Creek aquifer in the department administrative boundaries 39E, 39FJ, 39G, 39H, 40D, 40E, 40P, 40Q, 40R, 40S, 42A, 42C, 42J, 42K, 42KJ, 42L, and 42M. The study may include:

(a) the compilation and update of new geologic and hydrogeologic data;

(b) a limited field collection of water levels and pressure for wells with historical data;

(c) a preliminary water budget for the Fox Hills-Hell Creek aquifer; and

(d) a preliminary model to evaluate the effects of pumping on water levels and pressure.

(2) The bureau shall report the progress and results of its study to the water policy interim committee established in 5-5-231 . The committee shall consider the results of the study and make recommendations to the legislature for department suspension or closure of new ground water appropriations from the Fox Hills-Hell Creek aquifer. (Terminates June 30, 2027--sec. 4, Ch. 759, L. 2025.)
Mont. Code Ann. § 85-7-2027 — MT Code / Title 85 / Chapter 7 / Part 20 / Section 85-7-2027
85-7-2027 Disposition of bond proceeds
Status: in_force

85-7-2027 . Disposition of bond proceeds. The county treasurer shall place the proceeds of the sale to the credit of the district, and the proceeds may be paid out by the county treasurer only upon the written order of the board of commissioners, signed by the president and secretary under the seal of the district. The proceeds may be spent only for the purpose for which the bonds were issued. If any portion of the funds realized from the sale of bonds is not needed immediately for the purpose for which the bonds were issued, the board of commissioners may direct the investment of the funds and any other surplus funds of the district or any portion of the funds in legal investments backed, insured, or guaranteed by the United States or the state of Montana, including federal and state agency obligations. The county treasurer shall transfer to the credit of the district and place to the credit of the fund or funds, as the board of commissioners may direct, all interest received upon investments of the district entrusted to the treasurer's care.
Mont. Code Ann. § 85-1-807 — MT Code / Title 85 / Chapter 1 / Part 8 / Section 85-1-807
85-1-807 Assignment of leases -- subleasing not allowed
Status: in_force

85-1-807 . Assignment of leases -- subleasing not allowed. (1) A lease of project lands may be assigned on forms prescribed by the department. An assignment is not binding on the department unless the assignment is filed with and approved by the department. An assignment fee must be paid to the department at the time of filing the assignment.

(2) The department may not approve a contingent or collateral assignment of a lease.

(3) A lease may not be subleased.
Mont. Code Ann. § 85-2-526 — MT Code / Title 85 / Chapter 2 / Part 5 / Section 85-2-526
85-2-526 Terminated
Status: in_force

85-2-526 . Terminated. Sec. 7, Ch. 465, L. 2019.
Mont. Code Ann. § 85-7-2044 — MT Code / Title 85 / Chapter 7 / Part 20 / Section 85-7-2044
85-7-2044 Notice of resolution of intention for levy of special taxes or assessments -- hearing -- exception
Status: in_force

85-7-2044 . Notice of resolution of intention for levy of special taxes or assessments -- hearing -- exception. (1) On passage of a resolution of intention to levy special taxes or assessments pursuant to 85-7-2043 , the board of commissioners shall publish a notice of that action as provided in 7-1-2121 .

(2) A copy of the notice must be mailed, as provided in 7-1-2122 , to each person, firm, or corporation or the agent of the person, firm, or corporation owning real property within the district or subdistrict listed in the owner's name on the last-completed assessment roll for state, county, and school district taxes.

(3) (a) The notice must:

(i) describe the general character of the improvements proposed to be made or acquired by purchase;

(ii) state the estimated cost of the improvements and the estimated maximum principal amount of the bonds;

(iii) describe that the debt service on the bonds will be repaid by a tax or assessment levied on the basis of equal amount for each irrigable acre;

(iv) state the dollar amount to be levied against each irrigable acre based on the estimated maximum principal amount of the bonds;

(v) state that the deadline for the receipt of protests against the proposed issuance of the bonds or levy of special taxes or assessment, or both, is 5 p.m. on the date of the end of the protest period pursuant to 85-7-2045 ; and

(vi) designate the time when and the place where the board will hear and act on all protests that may be made against the proposed issuance of the bonds or levy of the special taxes or assessments, or both.

(b) The notice must refer to the resolution on file in the office of the commission secretary for the description of the particulars. If the proposal is for the purchase of an existing improvement, the notice must state the expected cost of the proposed improvement.

(4) If no officer of the county is specifically assigned to publish or post a resolution, order, notice, or determination subject to this section, the commission secretary shall post or procure the publication or posting.

(5) An error or mistake by the person posting or procuring the publication or posting of a resolution, notice, order, or determination does not invalidate or affect the notice and protest proceedings if the error or mistake is corrected in a timely manner.
Mont. Code Ann. § 85-15-110 — MT Code / Title 85 / Chapter 15 / Part 1 / Section 85-15-110
85-15-110 Rules
Status: in_force

85-15-110 . Rules. The department may adopt rules to implement the provisions of this chapter, including but not limited to rules to:

(1) classify high-hazard dams and reservoirs;

(2) review, approve, and issue permits;

(3) govern inspections under this chapter;

(4) establish safety standards for the design, construction, operation, and maintenance of high-hazard dams and reservoirs;

(5) establish emergency preparedness and warning procedures; and

(6) establish fees commensurate with costs to cover inspections under this chapter.
Mont. Code Ann. § 85-8-422 — MT Code / Title 85 / Chapter 8 / Part 4 / Section 85-8-422
85-8-422 Court order for annexation -- appeal
Status: in_force

85-8-422 . Court order for annexation -- appeal. (1) If the court shall find that said lands or any of them are receiving the benefits of any such drain, ditch, or levee, the court shall so find in writing and shall order said lands to be annexed to and made a part of said district and benefits to be assessed against the same by the commissioners of said district.

(2) Said order shall be final and conclusive unless appealed from to the supreme court within 30 days from the date of entry thereof.
Mont. Code Ann. § 85-5-107 — MT Code / Title 85 / Chapter 5 / Part 1 / Section 85-5-107
85-5-107 Record of distribution of water
Status: in_force

85-5-107 . Record of distribution of water. (1) Each water commissioner shall keep a daily record, unless a different recording schedule is ordered by the district judge, of the amount of water distributed to each water user and shall file a summary of the record with the clerk of the court monthly or seasonally, at the discretion of the district judge during the judge's term of service. The report must show in detail the total amount of water distributed to each water user during the month or the season and the cost of distributing the water, based upon the water commissioner's or commissioners' daily salary, other costs of the water commissioner or commissioners approved by the district judge, and the proportionate amount of water distributed. When two or more water commissioners serve under the same decree or decrees by order of the judge, they may file a joint summary of their records with the clerk of the court, or the chief commissioner, if one has been appointed by the judge, may file a summary on behalf of all of them.

(2) If the district court judge determines that it is necessary to establish a billing cycle prior to a distribution season, as provided in 85-5-204 , the report or reports must serve as the basis for the amounts billed.
Mont. Code Ann. § 85-8-505 — MT Code / Title 85 / Chapter 8 / Part 5 / Section 85-8-505
85-8-505 Refunding indebtedness of district
Status: in_force

85-8-505 . Refunding indebtedness of district. The court may, on the petition of the commissioners, authorize them to refund any lawful indebtedness of the district by:

(1) taking up and canceling all of its outstanding notes and bonds, as fast as they become due or before, if the holders thereof will surrender the same; and

(2) issuing in lieu thereof new notes or bonds of such district, payable in such longer time as the court shall deem proper, not to exceed in the aggregate the amount of all notes and bonds of the district then outstanding and the unpaid accrued interest thereon.
Mont. Code Ann. § 85-2-131 — MT Code / Title 85 / Chapter 2 / Part 1 / Section 85-2-131
85-2-131 Application for change of watercourse name
Status: in_force

85-2-131 . Application for change of watercourse name. (1) All applications for the change of name of any watercourse or natural source of water supply, including natural streams, dry coulees, springs, lakes, rivers, or creeks which lie wholly within the limits of one county must be made to the district court of the county where the watercourse or other natural source of water supply, the name of which is proposed to be changed, or some part thereof is situated. The petition must state in ordinary and concise language:

(a) a description of the watercourse or other natural source of water supply, the name of which is proposed to be changed, identifying the same as near as may be by natural monuments;

(b) the present name of the stream or other natural source of water supply and the name to which the petitioners desire the same to be changed, together with the reasons for the desired change of name;

(c) the names of all persons or corporations owning real estate abutting upon or water rights upon the same whose titles appear of record in the office of the county clerk and recorder in the county in which the watercourse or other natural source of water supply, or some part thereof, is situated.

(2) The petition must be signed by not less than 10 owners of real property abutting upon said watercourse or other natural source of water supply or owning water rights upon the same.

(3) The insufficiency of the petition in any of the above respects shall not be held to defeat the jurisdiction of the court.
Mont. Code Ann. § 85-16-103 — MT Code / Title 85 / Chapter 16 / Part 1 / Section 85-16-103
85-16-103 Revocation of license
Status: in_force

85-16-103 . Revocation of license. The license granted in 85-16-101 to build docks and wharves over and upon the lands under the navigable waters of this state conveys no title in such lands, and such license may be revoked by the state of Montana at any time.
Mont. Code Ann. § 85-20-902 — MT Code / Title 85 / Chapter 20 / Part 9 / Section 85-20-902
85-20-902 Findings and purpose
Status: reserved

85-20-902 . Findings and purpose. (1) It is the policy of the state of Montana to seek negotiated settlements of federal and Indian reserved water rights claims in Montana under Title 85, chapter 2, part 7.

(2) Pursuant to this policy, the commission commenced negotiations with the Crow Tribe regarding the Tribe's water rights claims on November 12, 1981.

(3) A water rights compact has been agreed to between the commission and the elected representatives of the government of the Crow Tribe that, among other things, provides an allocation of water to the Crow Tribe and provides protection for certain water rights recognized under state law in Montana.

(4) As consideration for the Crow Tribe's agreement to protect certain water rights recognized under state law in Montana and to release certain legal claims asserted against the state, the state of Montana has undertaken an obligation to make certain payments for the benefit of the Crow Tribe and has agreed that any future production taxes collected by the state on production of coal owned by the United States in trust for the Crow Tribe will be paid to the Crow Tribe.

(5) The commission's agreement to the compact and the state's obligation to make payments to the Crow Tribe thereunder is conditioned, among other things, upon the final approval of the compact as set forth in the compact and as required by state, federal, and tribal law and upon the execution and delivery by the Crow Tribe of sufficient releases for the legal claims that the Crow Tribe has agreed to release.

(6) The purposes of 85-20-902 through 85-20-905 are to provide for the implementation of the compact, to provide a mechanism for settlement of certain claims against the state, and to provide a means to fund the state's financial obligations for the upcoming biennium under its water rights compact with the Crow Tribe.
Mont. Code Ann. § 85-6-103 — MT Code / Title 85 / Chapter 6 / Part 1 / Section 85-6-103
85-6-103 Transfer of shares of stock
Status: in_force

85-6-103 . Transfer of shares of stock. Shares of stock of water users' associations organized in conformity with the requirements of the laws of the United States and the state of Montana and under the Reclamation Act of June 17, 1902, (which shares of stock, by the articles of incorporation of said association, are inseparably appurtenant to the lands for which they are subscribed) shall, upon the presentation of proof to such association of the transfer of any of said land, be transferred on the books of said association, by the proper officers of the association, to the grantee or successor in title to said land.
Mont. Code Ann. § 85-20-1002 — MT Code / Title 85 / Chapter 20 / Part 10 / Section 85-20-1002
85-20-1002 Findings and purpose
Status: reserved

85-20-1002 . Findings and purpose. (1) It is the policy of the state to seek negotiated settlements of federal and Indian reserved water rights claims in Montana under Title 85, chapter 2, part 7.

(2) Pursuant to this policy, the reserved water rights compact commission commenced negotiations with the Gros Ventre and Assiniboine Tribes which compose the Fort Belknap Indian Community of the Fort Belknap Reservation and the United States.

(3) A compact, 85-20-1001 , has been agreed to between the state of Montana and the Fort Belknap Indian Community of the Fort Belknap Reservation that, among other things, provides an allocation of water to the tribes in settlement of their water right claims and provides protection for certain water rights arising under state law. Approval of the compact by the United States requires ratification by congress.

(4) (a) For purposes of implementing the compact, 85-20-1002 through 85-20-1008 :

(i) establish accounts necessary to meet certain obligations agreed to in the compact;

(ii) provide a structure for the issuance of grants and loans; and

(iii) provide for the facilitation of the development of an economic development plan.

(b) Funding for the accounts established under 85-20-1004 , 85-20-1005 , and 85-20-1007 is subject to state and federal cost-share negotiations, approval of state cost-share by the legislature, and approval of federal cost-share by the United States congress.

(5) The state's obligation to provide funding to implement the compact and to satisfy the state's cost-share, once approved by the legislature, must be conditioned on:

(a) final court approval of a decree of the water rights of the tribes as set forth in Article VII, sections B. through D., of the compact; and

(b) validity of the compact under Article VII, section A., of the compact.

(6) Funds appropriated to accounts established under 85-20-1004 , 85-20-1005 , and 85-20-1007 and interest on appropriated funds are not available for expenditure unless the conditions, provided in subsection (5), are met.

(7) If a court does not approve a final decree, if the compact becomes null and void, or if one of the parties withdraws from the compact, the funds appropriated by the state to accounts established in 85-20-1004 , 85-20-1005 , and 85-20-1007 must revert to the general fund and any federal funds must be returned to the United States treasury. If a portion of the funding or interest on funding provided in 85-20-1004 , 85-20-1005 , and 85-20-1007 has been expended prior to the return of funds to the general fund, any claim against the state by the tribes or by the United States on behalf of the tribes for adjudication of the water rights of the tribes must be offset by the amount of the expenditures of state funds or interest on state funds.
Mont. Code Ann. § 85-7-1921 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1921
85-7-1921 Distribution system defined
Status: in_force

85-7-1921 . Distribution system defined. The words "distribution system", as used in 85-7-1922 through 85-7-1925 , denotes the entire works and property of all irrigation districts, including main ditches and canals, laterals, bilaterals, headgates, flumes, spillways, boxes, and all other appliances and means by which the waters of any irrigation district, including a subdistrict in the district, are or shall be apportioned or distributed for use.
Mont. Code Ann. § 85-7-2014 — MT Code / Title 85 / Chapter 7 / Part 20 / Section 85-7-2014
85-7-2014 Procedure after election, petition, or resolution filed
Status: in_force

85-7-2014 . Procedure after election, petition, or resolution filed. Upon an election, the filing of the petition pursuant to 85-7-2013 , or the adoption of a resolution approving the levy of a special tax or assessment under 85-7-2048 , the board of commissioners shall, by appropriate order or resolution:

(1) authorize and direct the issuance of the bonds of the district to the amount and for the purpose or purposes specified in the election, petition, or resolution adopted pursuant to 85-7-2048 ;

(2) fix the numbers, denominations, and maturity or maturities of the bonds;

(3) specify the rate of interest on the bonds and whether it is payable annually or semiannually;

(4) designate the place and method of payment of the bonds and the interest on the bonds, within or outside the state of Montana;

(5) prescribe the form of the bonds; and

(6) provide for the levy of a special tax or assessment as provided in this chapter on all the lands in the district or for a levy on a subdistrict if the bonds are issued on behalf of the subdistrict, for the irrigation and benefit of which the district or subdistrict was organized and the bonds are issued or the contract is to be made, sufficient in an amount to pay the interest on and principal of the bonds when due and all amounts to be paid 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 .
Mont. Code Ann. § 85-8-302 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-302
85-8-302 Election of commissioners -- regular term of office
Status: in_force

85-8-302 . Election of commissioners -- regular term of office. (1) Except as provided in 13-1-502 (4), the election of commissioners must be held annually and conducted in accordance with Title 13, chapter 1, part 5. The term of office of commissioners shall commence on the day of their election.

(2) (a) At the first primary or general election following the organization of a district and in districts organized and in existence on March 1, 1921, and that, on petition, have been divided into divisions, three commissioners must be elected, with one commissioner being elected from each division.

(b) A commissioner must be an actual landowner in the division in which the commissioner is elected.

(c) One of the commissioners, to be determined by lot, shall hold office for 1 year; another of the commissioners, to be determined by lot, shall hold office for 2 years; and the third commissioner shall hold office for 3 years.

(3) After the election of the initial commissioners, one commissioner must be elected each year. Commissioners elected after the initial election shall hold office for a term of 3 years. The person elected as a commissioner in each year to succeed the commissioner whose term is then expiring must be elected as a commissioner from the same division as the commissioner whose term expires.

(4) Each commissioner must be a resident of a county where a portion of the district lands is situated.
Mont. Code Ann. § 85-7-1924 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1924
85-7-1924 Interference with commissioners or distribution system -- penalty
Status: in_force

85-7-1924 . Interference with commissioners or distribution system -- penalty. A person who in any manner interferes with the commissioners of an irrigation district or their lawful agent or employee in the carrying out of the powers conferred by 85-7-1921 through 85-7-1925 or who changes or tampers with any lock box, headgate, or other device for the apportionment or distribution of water installed by or under the authority of the commissioners or who in any manner obstructs or changes the flow of water in the distribution system of any irrigation district without authority of the commissioners of the district is, in the discretion of the commissioners, subject to a forfeiture of the person's right to the delivery of water through the distribution system of the district as long as the acts continue and is guilty of obstructing a public officer or criminal mischief, as appropriate, and is punishable as provided by 45-6-101 or 45-7-302 , as applicable.
Mont. Code Ann. § 85-1-215 — MT Code / Title 85 / Chapter 1 / Part 2 / Section 85-1-215
85-1-215 Department duties -- records and operations
Status: in_force

85-1-215 . Department duties -- records and operations. The department shall keep accounting records of each project and by July 1 of each year prepare a financial statement showing the financial status of each project. All books and papers pertaining to matters provided for in this chapter shall at all reasonable times be open to the inspection of an interested party or citizen of the state. Except as otherwise provided in this chapter, the department has full charge and control of the construction, operation, and maintenance of the works and the collection of all rates, charges, and revenue from them. The department shall proceed immediately with the construction of the works as soon as funds are made available and shall complete the works as rapidly as possible.
Mont. Code Ann. § 85-1-608 — MT Code / Title 85 / Chapter 1 / Part 6 / Section 85-1-608
85-1-608 Applications for grants and loans to private persons
Status: in_force

85-1-608 . Applications for grants and loans to private persons. (1) A private person may apply for a grant or loan to finance a water-related project to be constructed, developed, and operated in Montana.

(2) An application for a loan or grant must be in the form prescribed by rule and contain or be accompanied by any information necessary to adequately describe the proposed project and necessary for evaluation of the proposed project under the criteria set out in 85-1-609 and 85-1-610 .
Mont. Code Ann. § 85-8-622 — MT Code / Title 85 / Chapter 8 / Part 6 / Section 85-8-622
85-8-622 Agreement of landowners to omitted assessments
Status: in_force

85-8-622 . Agreement of landowners to omitted assessments. In case of omission to assess any corporation or land that should be assessed for benefits, construction, repairs, or additional assessments or to award damages, said omitted party and the owner of omitted land may in writing agree with the commissioners of said district what the assessment should be against said land or against said corporation or what said damages should be, and such agreement shall be acknowledged and witnessed, as provided above for waivers, and be filed in the court.
Mont. Code Ann. § 85-7-1843 — MT Code / Title 85 / Chapter 7 / Part 18 / Section 85-7-1843
85-7-1843 Summons, publication, and court determination
Status: in_force

85-7-1843 . Summons, publication, and court determination. (1) Upon the filing of such petition, summons shall be issued thereon and served upon all parties defendant thereto, with a copy of the petition attached thereto, in the same manner and in the same form as issued in civil actions. Whenever any necessary party thereto cannot, after due diligence, be found within the state of Montana, service upon such party or parties may be had by publication of a summons, which shall be obtained, issued, and published in the same manner as a published summons in a civil action.

(2) The provisions of Title 25 and the rules of pleading and practice applicable to civil actions generally shall apply, so far as applicable, to this proceeding.

(3) If the allegations to such petition be denied, the district court shall, when the time for appearance of the parties defendant thereto has expired and said parties have appeared by answer or made default, proceed to hear and determine the issues in said proceedings as joined.
Mont. Code Ann. § 85-2-441 — MT Code / Title 85 / Chapter 2 / Part 4 / Section 85-2-441
85-2-441 Temporary use of a water right on state trust land -- restrictions on state ownership -- rescinding of noncompliant ownership interests required
Status: in_force

85-2-441 . Temporary use of a water right on state trust land -- restrictions on state ownership -- rescinding of noncompliant ownership interests required. (1) A water right owner may put water from a well or developed spring with ground water development works located on private land to beneficial use on state trust land for the duration of a state land lease the water right owner holds.

(2) The state may not obtain an ownership interest in a water right or the ground water development works of a water right that is diverted from a well or developed spring located on private land exclusively based on trustee obligations for state trust land unless:

(a) a court of competent jurisdiction determines that the state is an owner of that particular water right; or

(b) the state is in possession of a deed transferring ownership of the water right to the state.

(3) Before September 30, 2019, the state shall rescind any claim of ownership it asserted or acquired to satisfy trustee obligations for state trust land prior to May 11, 2019, in a water right or ground water development works that do not meet the requirements of subsection (2).

(4) For the purposes of this section, "state trust land" has the meaning provided in 77-1-101 .
Mont. Code Ann. § 85-2-606 — MT Code / Title 85 / Chapter 2 / Part 6 / Section 85-2-606
85-2-606 Application of part
Status: in_force

85-2-606 . Application of part. This part applies to applications currently pending with the department, as well as applications filed with the department after March 11, 1974.
Mont. Code Ann. § 85-3-303 — MT Code / Title 85 / Chapter 3 / Part 3 / Section 85-3-303
85-3-303 Records and reports open to public
Status: in_force

85-3-303 . Records and reports open to public. The records and reports in the custody of the department shall be open for public examination.
Mont. Code Ann. § 85-1-907 — MT Code / Title 85 / Chapter 1 / Part 9 / Section 85-1-907
85-1-907 Cooperation with other agencies and organizations
Status: in_force

85-1-907 . (Temporary) Cooperation with other agencies and organizations. To fulfill its duties, the commission shall develop and maintain cooperative programs with federal, state, provincial, tribal, and local agencies or organizations that are responsible for natural resource management and monitoring in western Montana. (Terminates June 30, 2029--sec. 12, Ch. 428, L. 2023.)
Mont. Code Ann. § 85-7-1972 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1972
85-7-1972 State contracts -- assessments
Status: in_force

85-7-1972 . State contracts -- assessments. In any contract entered into between an irrigation district and the state of Montana under 85-7-1971 through 85-7-1975 , the board of commissioners shall, in compliance with such contract, levy assessments against the lands benefited by the contract within the district, including such deficiency assessments as will enable the district to meet established or anticipated delinquencies in making payments to the state of Montana because of the failure of landowners to pay the assessments levied against their lands in the district.
Mont. Code Ann. § 85-15-211 — MT Code / Title 85 / Chapter 15 / Part 2 / Section 85-15-211
85-15-211 Inspection and reports during construction
Status: in_force

85-15-211 . Inspection and reports during construction. (1) An engineer must be in charge of and responsible for inspections during construction of any high-hazard dam.

(2) Inspections during construction must be performed at intervals necessary to ensure conformity with the permit. The engineer in charge or a qualified designee shall perform the inspections.

(3) The department shall set procedures and requirements for reporting information obtained from, during, or as the result of an inspection. The engineer in charge shall certify all reports to the department.

(4) The department may also inspect the high-hazard dam during construction to ensure conformity with the construction permit.

(5) If the department finds that construction of the high-hazard dam does not conform with the construction permit, it may order that construction be stopped until changes are made in conformity with the permit.
Mont. Code Ann. § 85-7-1914 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1914
85-7-1914 Board to file annual report
Status: in_force

85-7-1914 . Board to file annual report. The board of commissioners shall annually file with the county clerk and recorder of the county in which the district is located, within 10 days after March 1 of each year, a sworn report showing the assets and liabilities of the district, the amount of money received during the preceding year, and the amount spent during that time and shall publish the report at least once in a newspaper of the county.
Mont. Code Ann. § 85-9-624 — MT Code / Title 85 / Chapter 9 / Part 6 / Section 85-9-624
85-9-624 Issuance of bonds -- approval and assessments
Status: in_force

85-9-624 . Issuance of bonds -- approval and assessments. (1) For a bond issue to be approved, 40% of the qualified electors must vote thereon and 60% of those voting must approve the issue.

(2) Approval of the bond issue shall authorize the directors to make assessments necessary to pay the principal and interest on bonds issued, as provided in 85-9-601 .

(3) The directors shall enter the results of the election in their records.

(4) If otherwise fairly conducted, no irregularities or informalities shall invalidate the election.

(5) Bonds for more than one purpose may be submitted to the electors as a single proposition.
Mont. Code Ann. § 85-7-304 — MT Code / Title 85 / Chapter 7 / Part 3 / Section 85-7-304
85-7-304 Sections not applicable
Status: in_force

85-7-304 . Sections not applicable. The provisions of 85-7-1911 (1) and (2), 85-7-1934 , 85-7-1935 , 85-7-1941 through 85-7-1943 , 85-7-2001 , 85-7-2011 through 85-7-2027 , 85-7-2031 , and 85-7-2032 do not apply to the organization of irrigation districts under this part.
Mont. Code Ann. § 85-1-211 — MT Code / Title 85 / Chapter 1 / Part 2 / Section 85-1-211
85-1-211 Management of property -- water contracts
Status: in_force

85-1-211 . Management of property -- water contracts. (1) Subject to this chapter, the department may fix and establish the prices, rates, and charges at which the resources and facilities made available under this chapter may be sold and disposed of and enter into contracts and agreements and do those things that in its judgment are necessary, convenient, or expedient for the accomplishment of the purposes and objects of this chapter, under general rules and upon terms, limitations, and conditions as it prescribes.

(2) The department shall enter into the contracts and fix and establish the prices, rates, and charges to provide at all times funds that are sufficient to pay all costs of operation and maintenance of the works authorized by this chapter, together with necessary repairs to the works, and that will provide at all times sufficient funds to meet and pay the principal and interest of all bonds or loans as they severally become due and payable.

(3) This chapter does not authorize any change, alteration, or revision of the rates, prices, or charges as established by a contract entered into under this chapter except as provided by the contract.

(4) A contract made by the department for the sale of water, use of water, water storage, or other service or for the sale of property or facilities must provide that, in the event of a failure or default in the payment of money specified in the contract to be paid to the department, the department may, upon notice as is prescribed in the contract, terminate the contract and all obligations under the contract. The act of the department in ceasing on default to furnish or deliver water, use of water, water storage, or other service under the contract does not deprive the department of or limit a remedy provided by the contract or by law for the recovery of money due or that may become due under the contract.

(5) (a) The department may sell, transfer to water users' associations, abandon, lease or rent, or otherwise dispose of any rights-of-way, easements, properties, or interests or otherwise take and receive the income or profit and revenue from property without regard to other laws providing for the disposition of state property. Except for a water project for which no water management contracts are managed by the department and for which no money is collected by the department, prior to the department's sale, transfer, or other disposition, a determination must be made by the department as to the market value of the rights-of-way, easements, properties, or interests to be sold, transferred, abandoned, or otherwise disposed of. The department's determination of market value must consider all liens, encumbrances, and other limitations on the project properties or interests. In the disposal of a project, the department shall comply with the provisions of 85-6-109 and shall give purchase preference to existing water users' associations operating and maintaining the project proposed for disposal.

(b) Subject to the provisions of subsection (5)(a), the department shall attempt to dispose of the Willow Creek Dam project by June 30, 2015.

(6) An employee or agent of the department authorized by the director may enter upon any land to carry out the purposes of this section, including but not limited to entry to make an inspection of the project that the department considers necessary, entry to salvage or remove project property, and entry to make physical alterations to project property. The department shall give reasonable notice to the landowner of its intention to enter upon the land. The department is responsible for actual damages done to property.
Mont. Code Ann. § 85-2-342 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-342
85-2-342 Definitions
Status: in_force

85-2-342 . Definitions. Unless the context requires otherwise, in 85-2-343 and this section, the following definitions apply:

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

(2) "Upper Missouri River basin" means the drainage area of the Missouri River and its tributaries above Morony dam.
Mont. Code Ann. § 85-7-1006 — MT Code / Title 85 / Chapter 7 / Part 10 / Section 85-7-1006
85-7-1006 Court's authority at hearing
Status: in_force

85-7-1006 . Court's authority at hearing. (1) At the hearing by said court it shall determine the regularity, legality, and correctness of all proceedings and in so doing shall disregard any error, irregularity, or omission which does not affect the substantial rights of the parties. The rules of pleading and practice in Title 25 not inconsistent with the provisions of this part are made applicable to the proceedings herein provided. The proceedings herein are declared to be for the general interest of the public and state. The hearing upon said petition shall be considered as an equitable action in rem.

(2) If the court shall consider, after hearing, that the plan proposed in the petition is not in the public interest and will not promote public welfare or is unfair to bondholders or property holders or general creditors, it may allow the petitioners to amend their petition and to submit a modified or different plan and hear the amended petition and hear and dispose of objections to the same. The judgment may dissolve the district as a public corporation; transfer water rights appurtenant to lands, whether represented by shares of stock or otherwise; and divest the lien of bonds upon lands in the district.
Mont. Code Ann. § 85-7-306 — MT Code / Title 85 / Chapter 7 / Part 3 / Section 85-7-306
85-7-306 Development of water supply -- levy for expenses
Status: in_force

85-7-306 . Development of water supply -- levy for expenses. The board of commissioners of such irrigation district shall have authority to develop the source of supply and increase the means of distribution of water to the end that all owners of water rights under the system shall receive the amount of water which can be beneficially used upon their lands within the district. The board may levy against each irrigable acre of land in the district on account of administrative expenses, cost of maintenance and repairs, development of water supply, or enlargement of distribution facilities.
Mont. Code Ann. § 85-2-344 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-344
85-2-344 Bitterroot River subbasin temporary closure -- definitions -- exceptions
Status: in_force

85-2-344 . Bitterroot River subbasin temporary closure -- definitions -- exceptions. (1) Unless the context requires otherwise, in this section, the following definitions apply:

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

(b) "Bitterroot River basin" means the drainage area of the Bitterroot River and its tributaries above the confluence of the Bitterroot River and Clark Fork of the Columbia River and designated as "Basin 76H".

(c) "Bitterroot River subbasin" means one of the following hydrologically related portions of the Bitterroot River basin:

(i) the mainstem subbasin, designated as "Subbasin 76HA";

(ii) the north end subbasin, designated as "Subbasin 76HB";

(iii) the east side subbasin, designated as "Subbasin 76HC";

(iv) the southeast subbasin, designated as "Subbasin 76HD";

(v) the south end subbasin, designated as "Subbasin 76HE";

(vi) the southwest subbasin, designated as "Subbasin 76HF";

(vii) the west central subbasin, designated as "Subbasin 76HG"; or

(viii) the northwest subbasin, designated as "Subbasin 76HH".

(2) As provided in 85-2-319 , the department may not grant an application for a permit to appropriate water or for a state water reservation within a Bitterroot River subbasin until the closure for the basin is terminated pursuant to subsection (5) of this section, except for:

(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 use of surface water by or for a municipality;

(c) temporary emergency appropriations, including for emergency fire training and emergency fire-related operations, pursuant to 85-2-113 (3);

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

(e) an application to store water during high spring flow in an impoundment with a capacity of 50 acre-feet or more; or

(f) 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)(f) 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), or (2)(f).

(5) Each Bitterroot River subbasin is closed to new appropriations and new state water reservations until 2 years after all water rights in the subbasin arising under the laws of the state are subject to an enforceable and administrable decree as provided in 85-2-406 (4).
Mont. Code Ann. § 85-7-1907 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1907
85-7-1907 Board power to provide sufficient water
Status: in_force

85-7-1907 . Board power to provide sufficient water. The board may also construct and maintain the necessary dams, reservoirs, and works for the collection and distribution of water for the district or any subdistrict in the district, from one or more sources and from different and additional sources; operate such works; secure, in any of the manners provided in this chapter, additional water supplies from the same or different sources; and do any and every lawful act necessary to be done in order that sufficient water may be furnished for irrigation purposes to all the lands in the district or subdistrict included at the time of its organization or at any time thereafter.
Mont. Code Ann. § 85-1-112 — MT Code / Title 85 / Chapter 1 / Part 1 / Section 85-1-112
85-1-112 Navigable waters
Status: in_force

85-1-112 . Navigable waters. (1) All lakes wholly or partly within this state which have been meandered and returned as navigable by the surveyors employed by the government of the United States and all lakes which are navigable in fact are hereby declared to be navigable and public waters, and all persons shall have the same rights therein and thereto that they have in and to any other navigable or public waters.

(2) All rivers and streams which have been meandered and returned as navigable by the surveyors employed by the government of the United States and all rivers and streams which are navigable in fact are hereby declared navigable.
Mont. Code Ann. § 85-1-619 — MT Code / Title 85 / Chapter 1 / Part 6 / Section 85-1-619
85-1-619 Debt service fund -- pledge and administration of sufficient balance
Status: in_force

85-1-619 . Debt service fund -- pledge and administration of sufficient balance. (1) The legislature may levy, impose, assess, and pledge and appropriate to the renewable resource loan debt service fund any tax, charge, fee, rental, or other income from any designated source. The state reserves the right to modify from time to time the nature and amount of special taxes and other revenue pledged and appropriated to the renewable resource loan debt service fund, provided that the aggregate resources so pledged and appropriated are determined by the legislature to be sufficient for the prompt and full payment of the principal of and interest and redemption premiums when due on all bonds payable from that fund and provided that the pledge of the full faith and credit and taxing powers of the state for the security of all bonds is and remains irrevocable until they are fully paid.

(2) Money in the renewable resource loan debt service fund must be used to pay interest, principal, and redemption premiums when due and payable with respect to renewable resource bonds, and for bonds issued prior to 1985, to accumulate a reserve for the further security of the payments.

(3) After the reserve provided for in subsection (2) for bonds issued prior to 1985 has been accumulated in the renewable resource loan debt service fund, money at any time received in the renewable resource loan debt service fund in excess of that amount must be transferred by the treasurer to the natural resources projects state special revenue account.
Mont. Code Ann. § 85-2-401 — MT Code / Title 85 / Chapter 2 / Part 4 / Section 85-2-401
85-2-401 Priority -- recognition and confirmation of changes in appropriations issued after July 1, 1973
Status: in_force

85-2-401 . (Temporary) Priority -- recognition and confirmation of changes in appropriations issued after July 1, 1973. (1) As between appropriators, the first in time is the first in right. Priority of appropriation does not include the right to prevent changes by later appropriators in the condition of water occurrence, such as the increase or decrease of streamflow or the lowering of a water table, artesian pressure, or water level, if the prior appropriator can reasonably exercise the water right under the changed conditions.

(2) Priority of appropriation made under this chapter dates from the filing of an application for a permit with the department, except as otherwise provided in 85-2-301 through 85-2-303 , 85-2-306 , 85-2-310 (7), and 85-2-313 .

(3) Priority of appropriation perfected before July 1, 1973, must be determined as provided in part 2 of this chapter.

(4) All changes in appropriation rights actions of the department after July 1, 1973, are recognized and confirmed subject to this part and any terms, conditions, and limitations placed on a change in appropriation authorization by the department. (Terminates June 30, 2031--sec. 9, Ch. 244, L. 2023.)
Mont. Code Ann. § 85-2-704 — MT Code / Title 85 / Chapter 2 / Part 7 / Section 85-2-704
85-2-704 Termination of negotiations
Status: reserved

85-2-704 . Termination of negotiations. (1) The commission or any negotiating tribe or federal agency may terminate negotiations by providing notice to all parties 30 days in advance of the termination date. On the termination date, the suspension of the application of part 2 provided for in 85-2-217 also terminates. The tribe or federal agency shall file all of its claims for reserved rights within 24 months of the termination of negotiations.

(2) Once negotiations have been terminated pursuant to subsection (1), they may be reopened only by mutual agreement of the parties.
Mont. Code Ann. § 85-7-1933 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1933
85-7-1933 Diversion of waters
Status: in_force

85-7-1933 . Diversion of waters. Nothing herein contained shall be deemed to authorize the diversion of the waters of any river, creek, stream, canal, or ditch from its channel to the detriment of any person or persons having an interest in such river, creek, stream, canal, ditch, or the waters therein.
Mont. Code Ann. § 85-8-501 — MT Code / Title 85 / Chapter 8 / Part 5 / Section 85-8-501
85-8-501 Authority to borrow money and issue notes or bonds
Status: in_force

85-8-501 . Authority to borrow money and issue notes or bonds. The commissioners may:

(1) borrow money, not exceeding the amount of assessment for the cost of construction and additional assessments, as provided in 85-8-367 and 85-8-368 , unpaid at the time of borrowing, for the construction or repair of any work which they shall be authorized to construct or repair or for the payment of any indebtedness which they may have lawfully incurred; and

(2) issue notes or negotiable coupon bonds on the district, bearing interest, payable semiannually and not running beyond 1 year after the payment of the last installment of the assessment, on account of which money is borrowed, shall fall due.
Mont. Code Ann. § 85-1-216 — MT Code / Title 85 / Chapter 1 / Part 2 / Section 85-1-216
85-1-216 Limitations on liabilities and obligations
Status: in_force

85-1-216 . Limitations on liabilities and obligations. No liability or obligation shall be incurred under this chapter beyond the extent to which money is provided under this chapter.
Mont. Code Ann. § 85-7-1001 — MT Code / Title 85 / Chapter 7 / Part 10 / Section 85-7-1001
85-7-1001 Proceedings for dissolution of district
Status: in_force

85-7-1001 . Proceedings for dissolution of district. (1) Whenever an irrigation district has been organized under the provisions of parts 1 and 15, then such district may be dissolved by an order of the district court of the county in which the lands or the greater portion of the lands are situate whenever:

(a) no irrigation plant or system for the irrigation of the lands in the district has been constructed or purchased;

(b) no bonded indebtedness has been incurred; and

(c) all expenses for the organization and all other indebtedness of the district have been paid.

(2) In order that the district court may acquire jurisdiction to enter such order dissolving the district, a petition must be filed with the clerk of said district court, signed by an equal number of holders of title or evidence of title as are required to sign the original petition for the creation of the district. The district court must make an order for the hearing of said petition within 30 days from its filing, and the clerk of the court must give due notice of the hearing of such 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. Upon the hearing of said petition, any person interested may appear and give evidence for or against the granting of said petition. If, upon said hearing, the court finds that no bonded indebtedness of the district has been created and all of the expenses of organization and all other indebtedness have been paid and that the best interests of the landowners of said district require that the district shall be dissolved, the district court shall make such order dissolving said district and shall cause a certified copy of the order to be recorded in the office of the county clerk and recorder of said county.
Mont. Code Ann. § 85-7-1952 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1952
85-7-1952 United States contracts -- assessments
Status: in_force

85-7-1952 . United States contracts -- assessments. In any contract entered into between an irrigation district and the United States hereunder, the board of commissioners shall have the power to levy assessments for the United States contract fund against all of the land within the district for any and all of the purposes enumerated in the laws of Montana and, in addition thereto, the power to levy assessments in compliance with such contract, including such deficiency assessments as will enable the district to meet established or estimated delinquencies in making payments to the United States because of the failure of landowners to pay the assessments levied against their lands in the district.
Mont. Code Ann. § 85-8-350 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-350
85-8-350 Judgment on dismissal of proceedings -- assessment of costs
Status: in_force

85-8-350 . Judgment on dismissal of proceedings -- assessment of costs. (1) In case the petition or proceedings are dismissed as provided in 85-8-327 , a judgment shall be entered for the costs, expenses, and liabilities incurred in said proceedings against the petitioners and in favor of the commissioners, but for the benefit of those who have rendered services or advanced money in the prosecution of said proceedings or have recovered costs on successful contests therein.

(2) In case the proceedings are dismissed at any time or the district is discontinued for any cause subsequent to the time provided in 85-8-327 , a judgment shall be entered directing the commissioners of the district to assess the costs, expenses, and liabilities incurred in said proceedings, up to and including the time of such dismissal and discontinuation, on an acreage basis against the lands in said district, which assessment shall be a lien upon said lands from the date of said judgment superior to the lien of any other judgment, mortgage, or construction lien against said lands. Said assessment shall be verified by the commissioners of the district the same as assessments to pay costs of construction. Such assessments shall be spread upon the tax rolls of the counties in which said district is situated and shall be collected by the county treasurers of such counties the same as assessments to pay costs of construction are collected. Such assessments shall be payable on or before November 30 following the date upon which they are so spread upon the assessment roll of such counties. The money so collected shall be paid out upon warrants issued by the commissioners of the district to those who have rendered service or advanced money in connection with said district or have recovered costs on successful contests therein. Should such assessment, for any cause, be not sufficient for all such costs, expenses, and liabilities, then additional assessments shall be made and collected in like manner until sufficient funds have been raised to pay all such costs, expenses, and liabilities.
Mont. Code Ann. § 85-7-2151 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2151
85-7-2151 Delinquent sale and redemption
Status: in_force

85-7-2151 . Delinquent sale and redemption. Delinquent sales of land for unpaid taxes or assessments shall be made in the same manner as for state and county taxes in the respective counties where such lands are situated. The right of redemption shall in all cases be made the same as in cases where lands are sold for state or county taxes.
Mont. Code Ann. § 85-8-351 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-351
85-8-351 Statement of costs before entry of judgment
Status: in_force

85-8-351 . Statement of costs before entry of judgment. Before any such judgment is entered, said commissioners shall file with the clerk of the district court in which said proceedings were instituted an itemized statement of such costs and expenses, duly verified, upon which an order shall issue requiring said petitioners or landowners to show cause before said court, at a time and place named, why judgment should not be entered against said petitioners or landowners for the amount of said costs and expenses. Notice of the hearing of said order to show cause shall be given to said petitioners or landowners by mailing to each a copy thereof, to their last-known post-office address, at least 20 days prior to the time set for hearing and by publication of the same in one or more newspapers published in the county where the proceedings are pending at least 3 successive weeks prior to the day set for such hearing. Said notice need not contain an itemized statement of said account.
Mont. Code Ann. § 85-2-502 — MT Code / Title 85 / Chapter 2 / Part 5 / Section 85-2-502
85-2-502 Administrative rules
Status: in_force

85-2-502 . Administrative rules. The department may prescribe and enforce reasonable rules concerning and providing for inspection and entry, the circumstances under which the construction of weirs or other measuring devices may be required, and other similar matters that are required by and consistent with the administration of this part.
Mont. Code Ann. § 85-8-503 — MT Code / Title 85 / Chapter 8 / Part 5 / Section 85-8-503
85-8-503 Sale of notes or bonds
Status: in_force

85-8-503 . Sale of notes or bonds. Upon execution, the notes or bonds must be deposited with the county treasurer, who shall register the notes or bonds in a book for that purpose that documents the number and amount of each note or bond, its date, the date payable and redeemable, where payable, and the person to whom issued. Upon sale of the notes or bonds, the county treasurer shall deliver the notes or bonds to the person or persons to whom they were sold, upon the person or persons making payment for the notes or bonds. The notes or bonds may be sold by the commissioners at either public or private sale, either with or without advertisement, if it is considered to be in the best interests of the district. The notes or bonds may not be sold at less than 97% of face value. The notes or bonds may not be held to make the commissioners personally liable but constitute a lien upon the assessments for the repayment of the principal and interest of the notes or bonds.
Mont. Code Ann. § 85-8-102 — MT Code / Title 85 / Chapter 8 / Part 1 / Section 85-8-102
85-8-102 Amendment and circulation of petition -- court consideration
Status: in_force

85-8-102 . Amendment and circulation of petition -- court consideration. No petition having as many signers as are required by 85-8-101 may be declared void, but the court may at any time permit the petition to be amended in form and substance to conform to the facts, if the facts justify the organization of a drainage district. Several similar petitions for the organization of the same district may be circulated and, when filed, together shall be regarded as one petition having as many signers as there are separate signers on the several filed petitions who own lands within the proposed drainage district. All petitions for the organization of the district filed prior to the hearing on the petition shall be considered by the court the same as if filed with the first petitions placed on file, and the signatures thereon shall be counted in determining whether sufficient landowners have signed the petition.
Mont. Code Ann. § 85-7-1910 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1910
85-7-1910 Board power to dispose of district property
Status: in_force

85-7-1910 . Board power to dispose of district property. (1) The board of commissioners may, with the written consent of a majority in number and acreage of the owners of the lands in the district or, if the leased property substantially benefits a subdistrict in the district, of a majority in number and acreage of the owners of lands within the subdistrict, lease in whole or in part the system of canals and works or water belonging to the district, whenever the leasing is considered for the benefit of the district or subdistrict, if the leased property substantially benefits the subdistrict. When the board contemplates the leasing of the canals or works or water of a district or subdistrict, it shall declare the availability of the lease by resolution or order and give notice by publication in a newspaper published in the county in which the office of that irrigation district is situated at least 2 calendar weeks prior to the making of any lease. A lease may not be made unless a majority in number and acreage of the holders of title or evidence of title to the lands in the district or, if the lease substantially benefits a subdistrict, a majority in number and acreage of the holders of title or evidence of title to lands within the subdistrict, file with the board a written consent to make the lease. The lease may not interfere with any rights that have been established by law at the time the lease is made, nor may the lease operate to deprive any owner or owners of land in the district of the use of water from the works upon the lands. The board of commissioners shall require a sufficient bond to secure the faithful performance of the lease by the lessee.

(2) In addition to all other powers granted to any irrigation district existing under the laws of Montana for the purpose of securing financial aid in any form from the department of natural resources and conservation, an irrigation district may convey, assign, transfer, and set over to the department all or any part of its property, including all water rights, rights-of-way, and easements for reservoirs, reservoir sites, canals, ditches, laterals, and headgates, that may be required by the department as a condition to furnishing financial aid or assistance.

(3) If an irrigation district has ceased operation, the district prior to its dissolution may convey, assign, transfer, and set over to any person or association of persons all or any part of its property described in subsection (2), for the purpose of irrigating and reclaiming any or all other land that can be served and irrigated.
Mont. Code Ann. § 85-5-102 — MT Code / Title 85 / Chapter 5 / Part 1 / Section 85-5-102
85-5-102 Appointment of chief commissioner
Status: in_force

85-5-102 . Appointment of chief commissioner. When the judge of the district court appoints two or more commissioners to admeasure and distribute the waters mentioned in 85-5-101 , the judge may appoint one of them as chief commissioner and empower the chief commissioner to exercise direction and control over the other commissioners in the discharge of their duties. The judge may depose the person appointed as chief commissioner from that position and appoint another as chief commissioner whenever it appears to the judge that better service may be given to the water users by making the change.
Mont. Code Ann. § 85-7-1905 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1905
85-7-1905 Board agreements for joint operations or cooperation
Status: in_force

85-7-1905 . Board agreements for joint operations or cooperation. (1) The board shall have power and authority to enter into and do any acts necessary or proper for the performance of any agreements with any state, county, district of any kind, public or private corporation, association, firm, or individual, or any number of them for the joint acquisition, construction, leasing, ownership, disposition, use, management, maintenance, repair, or operation of any rights, works, or other property of a kind which might lawfully be acquired or owned by the irrigation district.

(2) The board may acquire the right to store water in any reservoir or to carry water through any canal, ditch, or conduit not owned or controlled by the district and may grant to any owner or lessee of the right to the use of any water the right to store such water in any reservoir of the district or to carry such water through any canal, ditch, or conduit of the district.
Mont. Code Ann. § 85-7-1956 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1956
85-7-1956 Majority vote or petition necessary to contract with United States
Status: in_force

85-7-1956 . Majority vote or petition necessary to contract with United States. No contract shall be made with the United States hereunder except upon approval of a majority of those voting on the question at an election conducted pursuant to 85-7-1710 , provided that the voting majority must own at least 50% of the acreage included within the district, or upon a petition signed by at least 60% in number and acreage of the holders of title or evidence of title to the lands included within the district. Such petition shall be addressed to the board of commissioners, shall set forth the aggregate amount of money to be borrowed from the United States and the purpose or purposes thereof, shall have attached thereto an affidavit certifying the signatures to said petition, and shall be filed with the secretary of the board of commissioners. Such petition may consist of one or more parts or papers.
Mont. Code Ann. § 85-8-324 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-324
85-8-324 Adjournment of hearing or trial of issues
Status: in_force

85-8-324 . Adjournment of hearing or trial of issues. Upon the day fixed for hearing upon said report, said court may adjourn said hearing for good cause or may proceed to hear, try, and determine all issues arising upon said report.
Mont. Code Ann. § 85-2-280 — MT Code / Title 85 / Chapter 2 / Part 2 / Section 85-2-280
85-2-280 Water adjudication account
Status: in_force

85-2-280 . (Temporary) Water adjudication account. (1) There is a water adjudication account within the state special revenue fund created in 17-2-102 .

(2) By August 15 of each fiscal year, the state treasurer shall transfer the amount necessary when combined with available and unencumbered fund balance, to fund the amount appropriated by the legislature in the general appropriation act from the state general fund to the water adjudication account for the sole purpose of funding the water adjudication program within the department and the water court.

(3) Interest and income earnings on the water adjudication account must be deposited in the account and may not be transferred to any other account prior to June 30, 2028.

(4) Money remaining in the water adjudication account on June 30, 2028, must be transferred to the water right appropriation account provided for in 85-2-318 .

(5) If the accountability benchmarks contained in 85-2-271 are not met, expenditures from the account in the previous biennium may not be included in the department's base budget, as defined in 17-7-102 , for the current biennium. (Terminates June 30, 2028--secs. 10, 11, Ch. 269, L. 2015.)
Mont. Code Ann. § 85-8-704 — MT Code / Title 85 / Chapter 8 / Part 7 / Section 85-8-704
85-8-704 Organization of areas not within existing districts
Status: in_force

85-8-704 . Organization of areas not within existing districts. In areas not presently within the boundaries of an existing drainage district, the landowners may proceed to organize a drainage district for carrying out the purposes of this part, and such organization of such district may be carried out for said purposes according to the procedure for organization of such districts set forth in this chapter. After organization such districts shall have all the powers vested by law in such districts.
Mont. Code Ann. § 85-7-1611 — MT Code / Title 85 / Chapter 7 / Part 16 / Section 85-7-1611
85-7-1611 Board of control -- composition and vacancies
Status: in_force

85-7-1611 . Board of control -- composition and vacancies. (1) The board of control must be composed of one or more irrigation commissioners from each district involved and one member at large. Each irrigation commissioner must be appointed for 1 year by the board of commissioners of the district that the commissioner represents. The member at large must be a landowner from one of the districts involved or a person representing any person or entity that receives water delivery from the irrigation project that delivers water to the member districts. The member at large must be appointed by the commissioner members to serve for a period of 1 year and shall give a bond, the same as an irrigation district commissioner. The member at large may not be an employee, agent, water commissioner, or servant of any of the districts involved. At no time may the board membership be less than three members. Each member of the board of control and the manager, if hired, before beginning duties shall give a bond to the board of control in the amount of $5,000, conditioned upon the faithful performance of the member's duties.

(2) Vacancies occurring during the term in the position of a commissioner member must be filled for the remainder of the unexpired term by appointment of the board of commissioners of the district involved. Vacancies occurring in the position of member at large must be filled for the remainder of the unexpired term in the same manner as the original appointment.
Mont. Code Ann. § 85-7-1431 — MT Code / Title 85 / Chapter 7 / Part 14 / Section 85-7-1431
85-7-1431 Remedies
Status: in_force

85-7-1431 . Remedies. The provisions of the resolution authorizing the bonds are enforceable by any bondholder in any court of competent jurisdiction by mandamus or other appropriate proceeding.
Mont. Code Ann. § 85-1-631 — MT Code / Title 85 / Chapter 1 / Part 6 / Section 85-1-631
85-1-631 Water storage state special revenue account created -- revenues allocated -- appropriations from account
Status: in_force

85-1-631 . Water storage state special revenue account created -- revenues allocated -- appropriations from account. (1) There is a water storage state special revenue account within the state special revenue fund established in 17-2-102 .

(2) There must be paid into the water storage state special revenue account:

(a) for the biennium beginning July 1, 2007, the proceeds of the resource indemnity and ground water assessment tax as provided in 15-38-106 ;

(b) money allocated from the resource indemnity trust fund interest earnings pursuant to 15-38-202 and all revenue of the works and other money as provided in 85-1-332 ; and

(c) 90% of the interest earned from the Montana water development state special revenue account established in 85-1-320 .

(3) All revenue provided from 85-1-332 (1)(e) and (1)(f) deposited in the water storage state special revenue account must be appropriated solely for the construction, operation, rehabilitation, expansion, maintenance, and modification of state-owned water storage projects.

(4) Money that was not encumbered or expended from the water storage state special revenue account during the previous biennium must remain in the account.

(5) Deposits to the water storage state special revenue account must be placed in short-term investments and accrue interest, which must be deposited in the water storage state special revenue account.

(6) The purpose of the water storage state special revenue account is to provide money exclusively for construction, operation, rehabilitation, expansion, maintenance, and modification of state-owned water storage projects.
Mont. Code Ann. § 85-7-2158 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2158
85-7-2158 Purchase of lands by district -- tax lien assignments and payment
Status: in_force

85-7-2158 . Purchase of lands by district -- tax lien assignments and payment. (1) Any irrigation district may:

(a) take an assignment of a tax lien; or

(b) if a deed has issued to the county, purchase the lands from the county by paying all state, county, city, school district, and other delinquent taxes, together with penalty, interest, and costs of publication and sale to the county treasurer of the county making the sale.

(2) The payment must be made by the commissioners of the district by issuing and delivering to the county treasurer a warrant drawn against the revolving fund of the district if there is sufficient money in the fund to pay the warrant in full upon demand. The county treasurer shall then assign the tax lien to the irrigation district, or the commissioners of the county shall convey the lands to the district if the tax deed was issued to the county.
Mont. Code Ann. § 85-7-2013 — MT Code / Title 85 / Chapter 7 / Part 20 / Section 85-7-2013
85-7-2013 Majority vote, petition, and protest requirements
Status: in_force

85-7-2013 . Majority vote, petition, and protest requirements. (1) Bonds provided for in 85-7-2012 through 85-7-2015 may not be authorized or issued by or on behalf of any irrigation district organized under this chapter or by an irrigation district on behalf of a subdistrict located in the district and a contract may not be made with the United States as provided in 85-7-1906 except on:

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

(b) receipt of a petition signed by a majority in acreage of the holders of title or evidence of title to lands included within the district or, if the bonds are issued on behalf of or if the contract relates to a subdistrict, a majority in acreage of the holders of title or evidence of title to lands within the subdistrict;

(c) receipt of a petition signed by at least 75%, in number and acreage, of the holders of title or evidence of title to the lands who are residents of the county or counties in which lands of the district are situated or, if the bonds are issued on behalf of or if the contract relates to a subdistrict, at least 75% in number and acreage of the holders of title or evidence of title to the lands who are residents of the county or counties in which lands of the subdistrict are situated; or

(d) adoption of a resolution by the board of commissioners approving special taxes or assessments to repay bonds pursuant to 85-7-2048 following a determination that a protest as provided in 85-7-2045 by owners of assessed irrigable acres as determined by 85-7-2043 comprises no more than 50% of the special tax or assessment proposed to pay the costs of the suggested improvements.

(2) The petition must be addressed to the board of commissioners, set forth the aggregate amount of bonds to be issued and the purpose or purposes of the bonds, have attached to it an affidavit verifying the signatures to the petition, and be filed with the secretary of the board. When bonds are issued for the sole purpose of redeeming or paying the existing and outstanding bonds or warrants, or both, including delinquent and accrued interest, of the district, the bonds may be authorized and issued in the manner provided for by 85-7-2019 .

(3) In an election held for approval to allow a district or subdistrict to issue bonds or enter into a contract under this section, the voting majority must own at least 50% of the acreage included in the district or subdistrict.
Mont. Code Ann. § 85-15-401 — MT Code / Title 85 / Chapter 15 / Part 4 / Section 85-15-401
85-15-401 Municipality or county prohibited from regulation
Status: in_force

85-15-401 . Municipality or county prohibited from regulation. No municipality or county may regulate, supervise, or provide for the regulation or supervision of any dam or reservoir in this state or the construction, maintenance, or operation thereof or limit the size of any dam or reservoir or the amount of water that may be stored therein. This chapter does not prevent a municipality or county from adopting ordinances or regulations regulating, supervising, or providing for the regulation or supervision of dams and reservoirs that:

(1) are not within the state's jurisdiction; or

(2) are not subject to regulation by another public agency or body.
Mont. Code Ann. § 85-7-2134 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2134
85-7-2134 Levy of taxes and assessments by county commissioners
Status: in_force

85-7-2134 . Levy of taxes and assessments by county commissioners. If for any reason a levy of taxes or assessments under 85-7-2104 is not made for any irrigation district in any year by the board of commissioners of the district within the time provided by 85-7-2104 , the board of county commissioners of the county in which the district is situated shall, not later than the second Monday in August, ascertain the total amount to be raised for all purposes of the district. The board of county commissioners shall make the levy pursuant to 85-7-2104 that should have been made by the board of commissioners of the district and shall furnish the county clerk with a list of the lands and the amount of taxes or assessments as provided in 85-7-2136 . The levy has the same force and effect as though made by the board of commissioners of the district. This section applies only to irrigation districts having a bonded indebtedness and actually in possession of a dependable water supply system and furnishing substantial amounts of water to bona fide users.
Mont. Code Ann. § 85-7-101 — MT Code / Title 85 / Chapter 7 / Part 1 / Section 85-7-101
85-7-101 Creation of irrigation districts by percentage of titleholders
Status: in_force

85-7-101 . Creation of irrigation districts by percentage of titleholders. (1) Sixty per centum in number of the holders of title or evidence of title to lands sought to be included in an irrigation district and which are susceptible of irrigation, such holders of title or evidence of title also representing 60% of the acreage of said lands, may propose the establishment and organization of an irrigation district under the provisions of this part and part 15. When any of such land sought to be included in such irrigation district is covered by mortgage or other lien, then the owner or owners of such land shall first procure the written consent of the holder of such mortgage or other lien before proposing the establishment and organization of such irrigation district.

(2) Irrigation districts may be formed in order to cooperate with the United States under the federal reclamation laws heretofore or hereafter enacted or under any act of congress which shall permit of the performance by the United States of work in this state for the purposes of construction of irrigation works, including drainage works, or for purchase, extension, operation, or maintenance of constructed works or for the assumption, as principal or guarantor, of indebtedness to the United States on account of district lands. When so organized, such district shall have the powers conferred or that may hereafter be conferred by law upon such irrigation district. In all irrigation districts organized in connection with United States reclamation projects, a majority of the holders of title or evidence of title to lands sought to be included in such irrigation district under the provisions of this part may propose the establishment and organization of such district.
Mont. Code Ann. § 85-7-2160 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2160
85-7-2160 Sale by district of purchased tax-deed lands
Status: in_force

85-7-2160 . Sale by district of purchased tax-deed lands. After the issuance of any such tax deeds to an irrigation district, the commissioners of such district shall have power to sell and convey the lands so purchased, or any part thereof, at either public or private sale whether or not the price received therefor equals the amount of delinquent taxes, assessments, penalties, interest, and costs against said lands. If such lands be offered for sale at public sale, such commissioners may reject any and all bids thereon. No such lands shall be sold by said commissioners at private sale until the same shall have been offered for sale at public sale, and no such lands shall be sold at private sale at a price less than the highest price bid therefor at the public sale at which such lands are offered. If no bid is received for such lands when the same are offered for sale at public sale, the commissioners may then sell the same in such manner and for such price as in their judgment they shall deem to be for the best interests of said district.
Mont. Code Ann. § 85-8-405 — MT Code / Title 85 / Chapter 8 / Part 4 / Section 85-8-405
85-8-405 Exclusion of lands from district
Status: in_force

85-8-405 . Exclusion of lands from district. Any lands within a drainage district, which district is not bonded or indebted and which lands have not been and will not in the future be benefited by the drainage system of the district and which lands do not contribute water to seep other lands in the district, may be excluded or eliminated from said district by an order of the district court of the county wherein the said lands are situate upon the proceedings hereinafter set forth being had.
Mont. Code Ann. § 85-8-325 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-325
85-8-325 Remonstrance by interested parties
Status: in_force

85-8-325 . Remonstrance by interested parties. Any interested party may appear and remonstrate against said report or any material part thereof. All remonstrances shall be in writing, be verified on oath, be filed at least 5 days before the day fixed for hearing, and shall set forth the facts upon which they are based.
Mont. Code Ann. § 85-3-412 — MT Code / Title 85 / Chapter 3 / Part 4 / Section 85-3-412
85-3-412 Petition content
Status: in_force

85-3-412 . Petition content. (1) The petition for the creation of a weather modification authority and for appointment of commissioners must contain:

(a) a title with the heading "Petition for Creation of (insert name of county) Weather Modification Authority";

(b) the following paragraph: We, the undersigned qualified electors of (name of county), state of Montana, request that the (name of county) board of county commissioners create by resolution a (name of county) weather modification authority and appoint the following five qualified electors of the county to 5-year terms of office as commissioners for the (name of county) weather modification authority:

(Here insert the name and address of each proposed commissioner for the (name of county) weather modification authority.)

(c) the following paragraph: We, the undersigned qualified electors of the (name of county), state of Montana, are notified that the creation of the (name of county) weather modification authority and the appointment of its commissioners by the (name of county) board of county commissioners will grant the authority the power to certify to the board of county commissioners a mill levy tax upon the taxable value of all taxable property in the county for a weather modification fund. The tax is subject to 15-10-420 . The weather modification fund must be used for weather modification activities as provided by 85-3-424 . We, the undersigned, understand that the authority requested in this petition expires 5 years after the creation of the weather modification authority, except that the board of county commissioners may by resolution create a weather modification authority and all its powers, including the power to certify a tax levy as provided in 85-3-422 , for one or more 5-year periods in accordance with 85-3-414 .

(d) a heading, "Committee for Petitioners", followed by this statement: The following electors of (name of county), state of Montana, are authorized to represent and act for us and shall constitute the "Committee for the Petitioners" in the matter of this petition and all acts subsequent to this petition.

(2) All signatures to the petition must be numbered and dated by month, day, and year. The name must be written, with residence address and post-office address, including the county of residence.

(3) An affidavit must be attached to each petition and sworn to under oath before a notary public by the person circulating each petition, attesting to the fact that the person circulated the petition and that each of the signatures to the petition is the genuine signature of the person whose name it purports to be and that each person is a qualified elector in the county in which the petition was circulated.
Mont. Code Ann. § 85-7-2125 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2125
85-7-2125 Terminated
Status: in_force

85-7-2125 . Terminated. Sec. 5, Ch. 347, L. 2003.
Mont. Code Ann. § 85-8-103 — MT Code / Title 85 / Chapter 8 / Part 1 / Section 85-8-103
85-8-103 Territory to be included
Status: in_force

85-8-103 . Territory to be included. Said territory need not be contiguous, provided that it be so situated that the public health or welfare will be promoted by such drainage of each part thereof, the benefits of the proposed work in each part will exceed the damages from the costs of said proposed work in each part, and the court shall be satisfied that said proposed work can be more cheaply done if in a single district than otherwise.
Mont. Code Ann. § 85-7-411 — MT Code / Title 85 / Chapter 7 / Part 4 / Section 85-7-411
85-7-411 Alteration and determination of subdistrict acreage
Status: in_force

85-7-411 . Alteration and determination of subdistrict acreage. (1) Land may be deleted from or added to the subdistrict in the same manner provided for irrigation districts in 85-7-1801 through 85-7-1810 .

(2) Land in a subdistrict that is deleted from an irrigation district remains in the subdistrict unless it is specifically deleted from the subdistrict according to subsection (1).

(3) The taxable area of the land in the subdistrict may be determined in the manner provided in 85-7-1841 through 85-7-1845 .
Mont. Code Ann. § 85-8-115 — MT Code / Title 85 / Chapter 8 / Part 1 / Section 85-8-115
85-8-115 Insufficient service
Status: in_force

85-8-115 . Insufficient service. (1) If it is found, before the hearing on a petition for the organization of a drainage district, that one or more owners of land in the proposed district have not been served with notice of hearing on the petition, the court or presiding judge does not lose jurisdiction. The court or presiding judge in that case shall adjourn the hearing, make an order directing the serving of the notice upon the landowner or landowners, and fix the time and manner of service of the notice, which must notify the landowner or landowners to appear at the adjourned time and place and be heard on the petition.

(2) The notice must be served personally or by leaving the notice at the last usual place of residence of the unserved owners as provided in 85-8-111 , not less than 8 days before the adjourned hearing, or must be published, not less than 14 days before the adjourned hearing, in some newspaper published in the county in which the owners' lands lie or, if a newspaper is not published in that county, then in some newspaper published in an adjoining county.
Mont. Code Ann. § 85-1-103 — MT Code / Title 85 / Chapter 1 / Part 1 / Section 85-1-103
85-1-103 Interpretation of title
Status: in_force

85-1-103 . Interpretation of title. The object of this title is to promote the prosperity and welfare of the people of Montana through the sound management of the state's water resources, and its provisions are to be given a liberal interpretation.
Mont. Code Ann. § 85-9-502 — MT Code / Title 85 / Chapter 9 / Part 5 / Section 85-9-502
85-9-502 Annexation of property
Status: in_force

85-9-502 . Annexation of property. (1) To annex real property to the district, the procedure is as follows:

(a) The directors shall petition the court.

(b) The petition must:

(i) give a general description of the real property to be annexed sufficient to enable a person to determine if the person's property is in the proposed annexation; and

(ii) describe the benefits to accrue to the real property as a result of the annexation.

(2) The court shall:

(a) give notice and hold a hearing on the petition; and

(b) upon good cause shown, order or deny the annexation.
Mont. Code Ann. § 85-7-2045 — MT Code / Title 85 / Chapter 7 / Part 20 / Section 85-7-2045
85-7-2045 Right to protest levy of special taxes or assessments
Status: in_force

85-7-2045 . Right to protest levy of special taxes or assessments. (1) Except as provided in subsection (2), within 30 days after the first publication date of a notice of a resolution of intention, a property owner liable to be assessed for the costs of improvements proposed in the resolution of intention pursuant to 85-7-2043 may make a written protest against the proposed issuance of the bonds or proposed levy of special taxes or assessments, or both. The protest must be in writing, identify the property owned by the protestor, and be signed by all owners of the property. The protest must be delivered to the commission secretary, who shall endorse the date of the receipt of the protest document.

(2) If the 30-day period described in subsection (1) concludes on a holiday pursuant to 1-1-216 or a Saturday or a Sunday, the period of protest is extended to the day immediately following the holiday, Saturday, or Sunday.

(3) For the purposes of this section, "owner" means, as of the date a protest is filed, the record owner of fee simple title to the irrigable acres to be assessed. The term does not include a tenant or other holder of a leasehold interest in the irrigable acres.
Mont. Code Ann. § 85-2-411 — MT Code / Title 85 / Chapter 2 / Part 4 / Section 85-2-411
85-2-411 Water turned into natural channels
Status: in_force

85-2-411 . Water turned into natural channels. Water appropriated under an existing right or pursuant to this chapter may be turned into the natural channel of another stream or from a reservoir into the natural channel and withdrawn or diverted at a point downstream for beneficial use, but the waters of that stream may not thereby be diminished in quantity or deteriorated in quality to the detriment of a prior appropriator. Water stored in a reservoir under an existing right or pursuant to this chapter which is turned into a natural channel for withdrawal or diversion and beneficial use downstream shall not be considered a part of the natural flow of that stream.
Mont. Code Ann. § 85-2-329 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-329
85-2-329 Definitions
Status: in_force

85-2-329 . Definitions. Unless the context requires otherwise, in 85-2-330 and this section, the following definitions apply:

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

(2) "Teton River basin" means the drainage area of the Teton River and its tributaries above the confluence of the Teton and Marias Rivers.
Mont. Code Ann. § 85-3-416 — MT Code / Title 85 / Chapter 3 / Part 4 / Section 85-3-416
85-3-416 Abolishment of authority by election
Status: in_force

85-3-416 . Abolishment of authority by election. When a petition signed by not less than 20% of the qualified electors of the county, as determined by the vote cast for governor in the last preceding gubernatorial election, requesting an election upon the abolishment of an authority created pursuant to 85-3-413 or 85-3-414 is presented to the board of county commissioners not later than 90 days prior to the next general election, the board of county commissioners shall submit the question to the electors of the county at the next general election. Upon approval by a majority of the votes cast, the board of county commissioners shall abolish the authority as of December 31 following the election. All unexpended funds remaining in the name of the authority after all proper bills and expenses have been paid must be deposited in the general fund of the county.
Mont. Code Ann. § 85-7-401 — MT Code / Title 85 / Chapter 7 / Part 4 / Section 85-7-401
85-7-401 Authority to create subdistricts -- petition -- requirements
Status: in_force

85-7-401 . Authority to create subdistricts -- petition -- requirements. (1) The board of commissioners of an irrigation district created and organized under Title 85, chapter 7, parts 1 and 15, may establish one or more subdistricts within the irrigation district to provide for and finance the cost of irrigation works, including gravity irrigation systems, gravity measure systems, or sprinkling systems, that would irrigate lands in the subdistrict but not other lands in the district. A subdistrict may be established only upon a petition signed by at least 60%, in number and acreage, of the holders of title or evidence of title to lands to be included within the subdistrict. The petition must be addressed to and filed with the board of commissioners and be accompanied by a map or plat of the proposed subdistrict.

(2) The petition must state:

(a) the name suggested for the proposed subdistrict;

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

(c) the name of each holder of title or evidence of title to the lands in the proposed subdistrict, as determined according to 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) the general water source from which the land in the proposed subdistrict will be irrigated and the general character of the works, water rights, canals, and other property proposed to be acquired or constructed for irrigation purposes in or for the benefit of the proposed subdistrict; and

(e) a request that the land within the proposed subdistrict be made a subdistrict according to the provisions of 85-7-401 through 85-7-404 .
Mont. Code Ann. § 85-7-1403 — MT Code / Title 85 / Chapter 7 / Part 14 / Section 85-7-1403
85-7-1403 Interpretation
Status: in_force

85-7-1403 . Interpretation. (1) The powers conferred in this part are in addition to the powers conferred by any other general, special, or local law.

(2) An undertaking may be acquired, constructed, or improved, and bonds may be issued under this part for such purposes, notwithstanding the provisions of Title 85, chapter 7.

(3) If the provisions of this part are inconsistent with the provisions of Title 85, chapter 7, the provisions of this part control.
Mont. Code Ann. § 85-1-502 — MT Code / Title 85 / Chapter 1 / Part 5 / Section 85-1-502
85-1-502 Notice of availability of lease sites
Status: in_force

85-1-502 . Notice of availability of lease sites. (1) If after completion of the feasibility study of a particular project the department determines that hydroelectric power generation at the project would be feasible and in the best interest of the people of the state of Montana, it shall publish notice and make the site available for lease for the purpose of small-scale hydroelectric power generation, pursuant to 85-1-502 through 85-1-508 , unless that action would result in the forfeiture of any necessary federal license, permit, or exemption, in which case the department may proceed under 85-1-509 .

(2) In issuing a notice of availability of a site for lease under this section, the department shall include in the notice any reasonable conditions it may find necessary in order to protect the interests of the state.
Mont. Code Ann. § 85-2-335 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-335
85-2-335 Definitions
Status: in_force

85-2-335 . Definitions. Unless the context requires otherwise, in 85-2-335 , 85-2-336 , and 85-2-338 , the following definitions apply:

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

(2) "Upper Clark Fork River basin" means the drainage area of the Clark Fork River and the Blackfoot River and their tributaries above the confluence of the Clark Fork River and the Blackfoot River.
Mont. Code Ann. § 85-2-322 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-322
85-2-322 Hearing -- order
Status: in_force

85-2-322 . Hearing -- order. (1) The department shall conduct a hearing on the proposed suspension or closure, or both. Notice of the hearing must be published at least once in each week for 3 successive weeks, not less than 30 days before the date of the hearing, in a newspaper of general circulation in the county or counties in which the source is located. The department shall serve by mail a copy of the notice and proposal not less than 30 days before the hearing upon each person or public agency known from the examination of the records of the department to be a claimant, appropriator, or permitholder of water in the source.

(2) The department may by order suspend action on and shall close the source and refuse to accept a class of applications if it finds on the basis of the hearing that there is substantial evidence in support of the allegations required by 85-2-321 to be contained in the proposal.

(3) As part of fulfilling the requirements of 2-4-623 , the order must define the source and must state the class of applications to which the suspension or closure, or both, applies.

(4) Upon adoption of the order, the department shall refuse to accept any application for a permit under this part for the class of application for which closure is ordered under 85-2-321 and this section. If the order suspends action on pending applications, the department shall notify the applicant that action on the applicant's application is suspended.

(5) Upon notice under 85-2-307 of intent to combine the hearings under 85-2-309 with the hearings under this section, the department may suspend action on pending applications of the class until the hearing is conducted under this section and, as part of its final order, may grant, deny, or condition the applications under 85-2-306 , 85-2-310 , and 85-2-311 or continue the suspension under this section.
Mont. Code Ann. § 85-2-423 — MT Code / Title 85 / Chapter 2 / Part 4 / Section 85-2-423
85-2-423 Water right ownership update form
Status: in_force

85-2-423 . Water right ownership update form. The chief water judge and the department shall prescribe the form and content of the water right ownership update form.
Mont. Code Ann. § 85-7-103 — MT Code / Title 85 / Chapter 7 / Part 1 / Section 85-7-103
85-7-103 Report by department of natural resources and conservation required
Status: in_force

85-7-103 . Report by department of natural resources and conservation required. (1) Before any such district shall be established, there shall be presented to the district court, at the hearing on the petition for such establishment, a written report or opinion from the department of natural resources and conservation on the engineering features involved and the possibilities of water supplies, accompanied by a copy of the decree of the district court showing the adjudicated water rights in said streams from which said waters are to be diverted. For this purpose, a copy of the petition provided for in 85-7-104 and of all maps and other papers filed with the same shall be filed with the department at the time the original petition is filed with the clerk of the district court. The expense, if any, incurred by the department in the investigation and report upon the proposed district shall be certified with the report and shall be assessed as costs in said hearing, which costs shall be paid by the district in event of its establishment, and in event such petition be denied, then such costs shall be paid by the petitioners. The department shall, within a period of 120 days from the filing of said petition with the department, render its report, as herein provided, to the district court.

(2) Such report or opinion shall not be requested or obtained and shall not be necessary whenever it is proposed to cooperate with the United States under the federal reclamation laws heretofore or hereafter enacted or under any act of congress which shall permit of the performance by the United States of work in this state for the purposes of construction of irrigation works, including drainage works, or for purchase, extension, operation, or maintenance of constructed works or for the assumption, as principal or guarantor, of indebtedness to the United States on account of district laws.
Mont. Code Ann. § 85-1-302 — MT Code / Title 85 / Chapter 1 / Part 3 / Section 85-1-302
85-1-302 Limitations on state liability
Status: in_force

85-1-302 . Limitations on state liability. All bonds issued under 85-1-301 and 85-1-303 shall contain a statement on their face that the state shall not be obligated to pay the same or the interest thereon except from the special fund hereinafter set forth. In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before the delivery of such bonds, such signatures shall nevertheless be valid and sufficient for all purposes, the same as if they had remained in office until such delivery. All such bonds shall be fully negotiable, as provided by the Uniform Commercial Code--Investment Securities. Such bonds shall not constitute or be a debt, liability, or obligation of the state and shall be secured only by the revenues of such works and the funds received from the sale or disposal of water and from the operation, lease, sale, or other disposition of the works, property, and facilities to be acquired out of the proceeds of such bonds.