Mont. Code Ann. § 85-7-2166 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2166
85-7-2166 Liability of county treasurers
Status: in_force

85-7-2166 . Liability of county treasurers. (1) The county treasurer to whom district funds or securities are entrusted is liable on the treasurer's bond for the safekeeping of the funds and securities. The funds must be properly divided into the respective funds for which district taxes or assessments were levied, including a United States contract fund, bond principal and interest fund, sinking fund to redeem bonds, maintenance fund, construction fund, and general fund. The construction fund must be available for the payment of the purchase price of all works, water rights, or other property purchased by or for the district and all expenses incident to those purchases, as well as for the payment of the cost of construction of works, including cost of engineering, superintendence, and other expenses incident to construction. All warrants issued for preliminary and organization expenses and all administrative expenses must be paid from the general fund.

(2) The county treasurer is authorized to receive, in lieu of cash, matured bonds, matured coupons, or interest coupons maturing within the year in payment of any tax or assessment levied for the payment of bonds or interest on bonds. The county treasurer at any time, upon the order of the board of commissioners of the district, shall turn over to the board any bonds or securities held by the treasurer and required to be delivered to the board in accordance with the provisions of this chapter. All bonds and interest coupons received or otherwise paid and all bonds of the district upon the payment must be immediately canceled and retained by the county treasurer as vouchers.
Mont. Code Ann. § 85-8-406 — MT Code / Title 85 / Chapter 8 / Part 4 / Section 85-8-406
85-8-406 Court action -- parties
Status: in_force

85-8-406 . Court action -- parties. An action for the exclusion of lands from any such drainage district may be brought in the district court of the county wherein said lands are situated by the owner or owners in fee of said lands, who shall be designated as the plaintiff or plaintiffs, and in said action the members of the board of drainage commissioners of said drainage district shall be made defendants.
Mont. Code Ann. § 85-2-424 — MT Code / Title 85 / Chapter 2 / Part 4 / Section 85-2-424
85-2-424 Filing
Status: in_force

85-2-424 . Filing. (1) Except in the case of a transfer of real property served by a public service water supply, when a person presents for recording a deed or other instrument evidencing a transfer of real property, the realty transfer certificate must contain a water rights disclosure in which the transferor shall acknowledge, at or before closing or transfer of real property, whether or not any water rights are associated with the property to be transferred and whether or not any water rights will transfer with the real property.

(2) (a) The department shall update its records to reflect the new ownership of a water right within 30 days after receipt of either:

(i) information received from the department of revenue, if:

(A) the transferor of the property is the same as the owner of record for the water right;

(B) the transferor conveys the entirety of the property associated with the place of use; and

(C) the department has not received a form pursuant to subsection (3), (4), or (5); or

(ii) a complete water right ownership update form provided by the department and submitted to the department.

(b) If the department receives information from the department of revenue that a transfer has occurred and the transferor of the property is not the same as the owner of record for the water rights, the department shall within 30 days after receipt of the information from the department of revenue notify each party indicated as a transferee that:

(i) the party is required to submit a complete water right ownership update form and the required fee within 60 days after the notice; and

(ii) ownership of the water right will not be changed in the department's records until the complete water right ownership update form is provided.

(c) The appropriate fee must be paid at closing or upon completion of the transfer of real property as provided in 85-2-426 .

(d) The transferee of a water right, after receiving notice as provided in subsection (2)(e), is responsible for compliance with this section.

(e) If the department receives notice from the department of revenue that a property transfer has occurred and the proper fee was not received by the department, the department shall send a notice to the transferee requesting payment of the fee. If the transferee does not pay the fee within 60 days, the department may assess a penalty against the transferee pursuant to 85-2-431 .

(3) (a) Except as provided in subsection (3)(b), if the realty transfer certificate discloses the division of the place of use of a water right among separate parcels, each transferee receiving a portion of the water right shall file with the department a complete water right ownership update form confirming the transfer, a map, and the required fee.

(b) If a complete water right ownership update form is not filed by all parties pursuant to subsection (3)(a), the parties must be reflected as co-owners on the water right.

(4) If a person exempts a water right pursuant to 85-2-403, the person shall file with the department a complete form provided by the department describing the exempting of the water right and the appropriate fee.

(5) If a person severs a water right from appurtenant property without conveying the property, the person shall file with the department a complete form provided by the department describing the severance and the appropriate fee.

(6) If the realty transfer certificate submitted with a deed or other instrument indicates that a water right is being transferred, severed, divided, or exempted, the clerk and recorder may not record the deed or instrument unless there is submitted with the deed or instrument a certification under penalty of false swearing, on a form provided by the department and signed by the transferor and transferee, that states either:

(a) that the documents and fee necessary to comply with this section are held in escrow, in which case the certification must also be signed by the escrow agent; or

(b) if there is no escrow, that the transferor and transferee certify that they have filed or mailed the required documents and fee with or to the department.

(7) Any written agreement to transfer land that has appurtenant water rights on record with the department must contain the following disclosure or words of a similar nature:

"WATER RIGHT OWNERSHIP UPDATE DISCLOSURE:

By Montana law, failure of the parties at closing or transfer of real property to pay the required fee to the Montana Department of Natural Resources and Conservation for updating water right ownership may result in the transferee of the property being subject to a penalty. Additionally, in the case of water rights being exempted, severed, or divided, the failure of the parties to comply with section 85-2-424 , MCA, could result in a penalty against the transferee and rejection of the deed for recording."

(8) Except as provided in subsection (2), the department shall update its records to reflect new ownership without collection of a transfer fee within 30 days after:

(a) receiving a withdrawal of a water right, or an interest in a water right, by an owner of the right or interest;

(b) receiving an order from the water court or other court of competent jurisdiction that modifies or terminates ownership of a water right; or

(c) learning of a clerical error resulting from an error on a water right ownership update form.

(9) In the event of a dispute over the ownership of a water right, the department shall, within 30 days after being notified of the dispute, certify the matter to the water court or other court of competent jurisdiction for resolution.

(10) The department may not delay updating ownership based on nonpayment of transfer fees by a transferee. The department's sole remedy in the event of nonpayment of transfer fees is to assess a penalty and seek collection from the transferee pursuant to 85-2-431 .

(11) For the purposes of this section, "complete" means that the information requested in the form has been supplied, together with a copy of the executed deed or deeds or any other instruments confirming the transferee's ownership or the ownership by the person exempting the water right, for each water right listed on the form. The department shall notify the transferee or the person exempting the water right of any deficiencies causing the form to be considered not complete within 60 days of submission.
Mont. Code Ann. § 85-2-802 — MT Code / Title 85 / Chapter 2 / Part 8 / Section 85-2-802
85-2-802 Authority to approve diversions
Status: in_force

85-2-802 . Authority to approve diversions. The department may consent on behalf of the state of Montana to diversions of water from the basin pursuant to Article X of the compact, including diversions of water allocated under the terms of the compact to the other signatory states of Wyoming and North Dakota.
Mont. Code Ann. § 85-2-1001 — MT Code / Title 85 / Chapter 2 / Part 10 / Section 85-2-1001
85-2-1001 Surface water assessment and monitoring program -- steering committee
Status: in_force

85-2-1001 . Surface water assessment and monitoring program -- steering committee. (1) The Montana bureau of mines and geology shall develop and implement a surface water assessment and monitoring program for the purpose of collecting and compiling surface water information. The bureau shall gather data, compile existing information, conduct field studies, and prepare a detailed hydrogeologic assessment report for each subbasin. The bureau shall develop a monitoring plan and a hydrogeologic model for each subbasin for which a report is prepared.

(2) (a) There is a surface water assessment and monitoring program steering committee consisting of:

(i) an employee of each of the following state agencies that have responsibility for surface water protection, management, or information who is appointed by the head of the respective state agency:

(A) the department of natural resources and conservation;

(B) the department of environmental quality;

(C) the department of agriculture; and

(D) the Montana state library, natural resource information system; and

(ii) at least one representative of tribal governments in Montana, appointed by the governor.

(b) The committee may include representatives of the following agencies and units of government with expertise or management responsibility related to surface water:

(i) the legislative services division;

(ii) the board of oil and gas conservation;

(iii) the Montana bureau of mines and geology;

(iv) a soil and water conservation district;

(v) a unit of the Montana university system, other than the Montana bureau of mines and geology, appointed by the board of regents of higher education for the university system;

(vi) a county government, appointed by an organization of Montana counties;

(vii) a city, town, or city-county government, appointed by an organization of Montana cities and towns; and

(viii) each principal federal agency that has responsibility for surface water protection, management, or research, appointed by the Montana head of the respective federal agency.

(c) The committee may include one representative of each of the following organizations and groups, appointed by the governor, to serve as ex officio members:

(i) agricultural water users;

(ii) industrial water users;

(iii) a conservation or ecological protection organization; and

(iv) the development community.

(3) The steering committee shall prioritize subbasins for investigation based on 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 the adjudication of water rights may be taken into account when prioritizing subbasins.

(4) The steering committee shall elect a presiding officer from its voting members.

(5) The Montana bureau of mines and geology shall provide staff support to the steering committee.
Mont. Code Ann. § 85-7-1411 — MT Code / Title 85 / Chapter 7 / Part 14 / Section 85-7-1411
85-7-1411 Authority to acquire, construct, maintain, operate, and lease various undertakings
Status: in_force

85-7-1411 . Authority to acquire, construct, maintain, operate, and lease various undertakings. (1) An irrigation district may:

(a) construct, acquire by gift, purchase, or lease, or improve any undertaking, within or outside the irrigation district, and acquire by gift, purchase, or lease land or rights in land or water rights in connection with the undertaking;

(b) operate and maintain or enter into a contract for the operation and maintenance of any undertaking and furnish or enter into a contract for the furnishing of services, facilities, and commodities of the undertaking for its own use and for the use of public and private consumers within or outside the territorial boundaries of the irrigation district. However, an irrigation district may not furnish or enter into a contract for the furnishing of electrical energy or capacity except to a qualified purchaser under the Public Utility Regulatory Policies Act of 1978.

(c) lease any undertaking to a private or governmental entity.

(2) This section may not be construed to permit an irrigation district to condemn any property owned or controlled by a rural electric cooperative or a utility, whether publicly or privately owned. An irrigation district is expressly prohibited from condemning, pursuant to Title 70, chapter 30, property owned or controlled by a rural electric cooperative or utility.
Mont. Code Ann. § 85-1-603 — MT Code / Title 85 / Chapter 1 / Part 6 / Section 85-1-603
85-1-603 Renewable resource loan debt service fund created -- coal severance tax allocated -- renewable resource loan loss reserve fund created
Status: in_force

85-1-603 . Renewable resource loan debt service fund created -- coal severance tax allocated -- renewable resource loan loss reserve fund created. (1) (a) There is created a renewable resource loan debt service fund within the debt service fund type established in 17-2-102 .

(b) The state pledges and allocates and directs to be credited to the renewable resource loan debt service fund, as received:

(i) 0.95% of all money from time to time received from the coal severance tax collected under Title 15, chapter 35;

(ii) any principal and accrued interest under 85-1-613 (5)(a) received in repayment of a loan made from the proceeds of bonds issued under 85-1-617 ;

(iii) all interest income earned on proceeds of renewable resource grant and loan program bonds;

(iv) revenue or money otherwise required to be paid into the natural resources projects state special revenue account pursuant to 15-38-302 , as determined by the board of examiners in connection with the issuance of bonds pursuant to 85-1-617 ; and

(v) money received from the renewable resource loan loss reserve fund as the result of a loan loss.

(2) (a) There is a renewable resource loan loss reserve fund within the debt service fund type established in 17-2-102 .

(b) The state pledges and allocates and directs to be credited to the renewable resource loan loss reserve fund all accrued interest under 85-1-613 (5)(b) received in repayment of a loan made from the proceeds of bonds issued under 85-1-617 .

(c) If the department determines that a loan loss has occurred on a loan made pursuant to this part, funds from the renewable resource loan loss reserve fund must be transferred to the renewable resource loan debt service fund in an amount equal to the amount that would otherwise be available for debt service under subsection (1)(b) as a result of the loan loss.
Mont. Code Ann. § 85-1-505 — MT Code / Title 85 / Chapter 1 / Part 5 / Section 85-1-505
85-1-505 Lease conditions
Status: in_force

85-1-505 . Lease conditions. (1) The lessee shall pay a royalty to the state as required in the lease.

(2) The department may authorize provisions in the lease that offer economic incentives for rapid development of the project or impose economic penalties for delays in development, which may include cancellation of the lease.
Mont. Code Ann. § 85-7-2011 — MT Code / Title 85 / Chapter 7 / Part 20 / Section 85-7-2011
85-7-2011 Exemption of irrigation district property
Status: in_force

85-7-2011 . Exemption of irrigation district property. The bonds issued under the provisions of this part, rights-of-way, ditches, flumes, pipelines, dams, water rights, reservoirs, equipment, machinery, motor vehicles, and all other personal property belonging to any irrigation district organized under the laws of Montana and not operating for profit may not be taxed for state, county, or municipal purposes and may not be assessed costs for any improvement or maintenance district created under Title 7, chapter 12.
Mont. Code Ann. § 85-8-121 — MT Code / Title 85 / Chapter 8 / Part 1 / Section 85-8-121
85-8-121 Court determination
Status: in_force

85-8-121 . Court determination. (1) If the court or presiding judge, after hearing any and all competent evidence that may be offered for and against the petition for the creation of the district, finds that the petition has not been signed as required in this part, the petition must be dismissed at the cost of the petitioners and judgment must be entered against the petitioners for the amount of the costs.

(2) If it appears that the petition has been signed as required in this part, the court or judge shall so find and order any necessary amendments to the petition, shall divide the district into three divisions, as nearly equal in area as possible, and shall appoint three suitable and competent persons as commissioners and fix their temporary bonds. One commissioner must be appointed from each division, and each person appointed must be an actual landowner and resident of the county or counties in the division for which the person is appointed. If the district is situated in two or more counties, not more than two of the commissioners may reside in one of the counties. Ownership of land within the district may not disqualify a person from acting as a commissioner.
Mont. Code Ann. § 85-20-302 — MT Code / Title 85 / Chapter 20 / Part 3 / Section 85-20-302
85-20-302 Consent to federal act and modification of compact
Status: reserved

85-20-302 . Consent to federal act and modification of compact. (1) Pursuant to Article V, section A.1., of the Northern Cheyenne-Montana Compact, section 85-20-301 , MCA, the Legislature hereby gives its consent to, ratifies, and adopts the Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1992 (Public Law 102-374, 106 Stat. 1186). This consent includes:

(a) any amendment to the act that clarifies that environmental compliance costs for the Tongue River Dam Project are the responsibility of the federal government; or

(b) any amendment to section 4(c) of the act that provides that, except for the authorizations contained in subsections 7(b)(1)(A), 7(b)(1)(B), and 7(e), the authorization of appropriations in the act are not effective until such time as the Montana water court enters and approves a decree as provided in subsection 4(d) of the act.

(2) The provisions of the compact that are inconsistent with the federal act or with the amendments specified in subsections (1)(a) and (1)(b) of this section shall be deemed to be modified to the extent necessary to conform therewith.
Mont. Code Ann. § 85-7-2108 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2108
85-7-2108 Taxes to be lien upon land
Status: in_force

85-7-2108 . Taxes to be lien upon land. Any special tax or assessment levied for any purpose is a lien upon the entire 40-acre tract or fractional lot as designated by United States government survey or platted lot, if land is subdivided in lots and blocks (or whenever land is owned in less than 40-acre tracts or in less than the platted lot, against each such tract) of land in the district or subdistrict of which the irrigable area forms a part, and the lien shall attach to the entire tract as of January 1 in the year in which the special tax or assessment is levied.
Mont. Code Ann. § 85-7-301 — MT Code / Title 85 / Chapter 7 / Part 3 / Section 85-7-301
85-7-301 Creation of district by owners of rights in common water supply
Status: in_force

85-7-301 . Creation of district by owners of rights in common water supply. (1) It is a purpose and intention of this part, in the furtherance of the public welfare, to provide an effective public agency for the improvement, development, operation, maintenance, and administration of certain existing irrigation systems in cases where administration thereof through the agency of a water commissioner is not effective.

(2) It is a purpose and intention of this part to extend to irrigation districts organized hereunder the powers, duties, and status of the public corporations organized under the irrigation district laws of the state of Montana, as the same may now or hereafter exist; provided, that neither such districts nor the board of commissioners thereof shall have any power or authority to issue bonds or incur indebtedness, other than warrant indebtedness, under the limitations proposed by law. This part does not contemplate the acquisition by the district of the existing water, water rights, or system or works owned by the respective water right owners within the district.
Mont. Code Ann. § 85-16-102 — MT Code / Title 85 / Chapter 16 / Part 1 / Section 85-16-102
85-16-102 Public use of wharves and docks
Status: in_force

85-16-102 . Public use of wharves and docks. All docks and wharves built on any of the navigable waters of the state shall be public docks and wharves, and all boats, vessels, and steamboats plying such navigable waters shall have a right to land thereat and take on and discharge their cargoes and passengers thereon. The owner of such dock or wharf shall have the right to charge and collect from the owner or owners of such boat, steamboat, or vessel a reasonable compensation therefor.
Mont. Code Ann. § 85-2-319 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-319
85-2-319 Permit action in highly appropriated basins or subbasins
Status: reserved

85-2-319 . Permit action in highly appropriated basins or subbasins. (1) With regard to a highly appropriated basin or subbasin, except as provided in 85-20-1401 , the legislature may by law preclude permit applications or the department may by rule reject permit applications or modify or condition permits already issued.

(2) A rule may be adopted under this section only upon a petition that is signed by at least 25% or 10, whichever is less, of the users of water in the source of supply within a basin or subbasin or upon petition of the department of environmental quality that alleges facts under subsection (2)(d). The petition must be in a form prescribed by the department and must allege facts showing that throughout or at certain times of the year or for certain beneficial uses:

(a) there are no unappropriated waters in the source of supply;

(b) the rights of prior appropriators will be adversely affected;

(c) further uses will interfere unreasonably with other planned uses or developments for which a permit has been issued or for which water has been reserved; or

(d) in the case of a petition filed by the department of environmental quality:

(i) the water quality of an appropriator will be adversely affected by the issuance of permits;

(ii) further use will not be substantially in accordance with the classification of water set for the source of supply pursuant to 75-5-301 (1); or

(iii) the ability of a discharge permitholder to satisfy effluent limitations of a permit issued in accordance with Title 75, chapter 5, part 4, will be adversely affected by the issuance of permits.

(3) Within 60 days after submission of a petition, the department shall:

(a) deny the petition in writing, stating its reasons for denial;

(b) inform the petitioners that the department shall study the allegations further before denying or proceeding further with the petition; or

(c) initiate rulemaking proceedings in accordance with 2-4-302 through 2-4-305 .

(4) Title 2, chapter 4, parts 1 through 4, govern rulemaking proceedings conducted under this section, except that in addition to the notice requirements of those parts, the department notice of the rulemaking 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, 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.

(5) The department may adopt rules to implement the provisions of this section.
Mont. Code Ann. § 85-7-1957 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1957
85-7-1957 United States contracts -- court approval required
Status: in_force

85-7-1957 . United States contracts -- court approval required. (1) The board of commissioners of any irrigation district, before the making of any contract with the United States hereunder, shall commence a special proceeding in the district court of the state, by which the proceedings of the board and of the district leading up to the making of any such contract and the validity of the terms thereof shall be judicially examined and approved and affirmed or disapproved and disaffirmed.

(2) The practice and procedure for the confirmation of any step or action, as provided in subsection (1) shall be as nearly as possible in conformity with the practice and procedure now provided for the confirmation before the issuance and sale of bonds of an irrigation district. The court may approve and affirm such proceedings in part and disapprove and declare illegal or invalid other and subsequent parts of the proceedings, and insofar as possible, the court shall remedy and cure all defects in said proceedings.
Mont. Code Ann. § 85-1-614 — MT Code / Title 85 / Chapter 1 / Part 6 / Section 85-1-614
85-1-614 Limits on grants from natural resources projects state special revenue account
Status: in_force

85-1-614 . Limits on grants from natural resources projects state special revenue account. (1) The maximum grant awarded to a private person may not exceed the lesser of:

(a) 5% of the estimated total funds potentially available in the natural resources projects state special revenue account established in 15-38-302 for public and private grants in the biennium in which the grant will be made; or

(b) 50% of the total project cost.

(2) This part does not limit the amount of grant funds that may be appropriated by the legislature to fund a state or local government project.
Mont. Code Ann. § 85-2-247 — MT Code / Title 85 / Chapter 2 / Part 2 / Section 85-2-247
85-2-247 Purpose
Status: in_force

85-2-247 . Purpose. (1) Because the state of Montana is the owner of all water in the state, pursuant to Article IX, section 3, of the Montana constitution, the legislature recognizes that it is in the state's best interest to ensure that valid issues raised as a result of claims examination in the statewide adjudication of pre-July 1, 1973, water rights are resolved before a final decree is issued.

(2) If as a result of the examination or the prior verification conducted by the department an issue remark is attached to a claim, the information resulting in the issue remark and the issue remark must be weighed against the claimed water right.
Mont. Code Ann. § 85-8-616 — MT Code / Title 85 / Chapter 8 / Part 6 / Section 85-8-616
85-8-616 Correction of omissions
Status: in_force

85-8-616 . Correction of omissions. Omission to assess benefits, to assess for construction, to make additional assessments, to make assessment for repairs, to award damages to any one or more tracts of land or easements in a drainage district or to assess benefits, assess for construction, assess for repairs, or make additional assessments against any corporation which should have been assessed does not affect the jurisdiction of the court to confirm the report or to render the benefits assessed, the assessments for construction, additional assessments, or assessments for repairs against other lands or assessments against any corporation voidable; but the commissioners of the drainage district shall thereafter, as soon as they discover the omission or as soon as they have notice thereof, either agree with the omitted parties upon the proper assessments and award the damages or assess such benefits, make such assessments for construction, and make such additional assessments against the omitted lands and corporations and award such damages as are just and report the facts, together with such assessments and awards, to the court.
Mont. Code Ann. § 85-1-304 — MT Code / Title 85 / Chapter 1 / Part 3 / Section 85-1-304
85-1-304 Lien upon bond proceeds
Status: in_force

85-1-304 . Lien upon bond proceeds. All moneys received from any bonds issued pursuant to 85-1-301 and 85-1-303 shall be applied solely to the payment of the cost of the works or to the appurtenant debt service fund and to the "administration fund", as hereinafter provided, and there shall be and hereby is created and granted a lien upon such moneys, until so applied, in favor of the holders of the bonds or the trustee hereinafter provided for in respect of such bonds.
Mont. Code Ann. § 85-3-211 — MT Code / Title 85 / Chapter 3 / Part 2 / Section 85-3-211
85-3-211 Proof of financial responsibility by applicant
Status: in_force

85-3-211 . Proof of financial responsibility by applicant. Proof of financial responsibility may be furnished by an applicant by showing, to the satisfaction of the department, the applicant's ability to respond in damages for liability that might reasonably be attached to or result from the applicant's weather modification and control activities.
Mont. Code Ann. § 85-1-207 — MT Code / Title 85 / Chapter 1 / Part 2 / Section 85-1-207
85-1-207 Determination of costs of works
Status: in_force

85-1-207 . Determination of costs of works. The department, in determining how the cost of works must be met, shall consider the value of public benefits and the repayment capacity of the water users. A state grant may be provided by the department to compensate for the value of public benefits, to minimize the liabilities of the state of Montana, and to pay the difference between the water users' repayment capacity and the cost of works.
Mont. Code Ann. § 85-7-1710 — MT Code / Title 85 / Chapter 7 / Part 17 / Section 85-7-1710
85-7-1710 Qualification of electors and nature of voting rights
Status: in_force

85-7-1710 . Qualification of electors and nature of voting rights. (1) (a) At all elections held under the provisions of this part, except as otherwise expressly provided, the following holders of title or evidence of title to irrigable lands within the district, designated "electors", are entitled to vote if, except as provided in subsection (1)(b), they are qualified electors under the constitution and general election laws of the state:

(i) guardians, executors, administrators, and trustees;

(ii) domestic corporations, by their duly authorized agents; and

(iii) owners of land described in subsection (3), including but not limited to corporations, limited liability companies, partnerships, and other entities that may vote through their duly authorized agents.

(b) Electors under this section are not subject to state residency requirements, registration requirements, or county signature verification requirements.

(2) In all elections held under this part, each elector is permitted to cast one vote for each acre of irrigable land or major fraction of an acre owned by the elector within the district, irrespective of the location of the irrigable lands within the tracts designated by the commissioners for assessment and taxation purposes or within congressional subdivisions, platted lots or blocks except as otherwise provided for, election precincts, or district divisions, but any elector owning any less than 1 acre of irrigable land is entitled to one vote. Until the irrigable area under the proposed plan of reclamation is determined, all land included within the boundaries of the district must be considered irrigable land for election purposes.

(3) (a) Whenever land is owned by co-owners, either owner may vote on behalf of the co-owners, the owners may vote based on an agreed-upon percentage ownership, or the owners may designate one of their number or an agent to cast the vote for the owners. Whenever the land is owned by a single owner, the owner at the owner's discretion may designate an agent to cast the vote. Only one vote may be cast for each acre of irrigable land or major fraction of an acre by the voting individual. Whenever land is under contract of sale to a purchaser, the purchaser may vote on behalf of the owner of the land. Prior to voting, the agent of a corporation, a single owner or the co-owners, the co-owner designated for the purpose of voting, or the purchaser of land under contract of sale shall file with the secretary of the district a written document indicating the agent's authority, executed and signed by the proper officers of the corporation, by the single owner or co-owners, or by the owner of land under contract of sale, and upon filing, the agent or co-owner or purchaser is an elector within the meaning of this part.

(b) Prior to voting, if there is a change in the designated agent, the new designated agent is responsible for providing a written document signed by the proper officers of the corporation, by the single owner or co-owners, or by the owner of land under contract of sale indicating the changes in the designated agent.

(c) When an irrigation district provides notice of an election, the notice must indicate that, if there is a change in a designated agent, a new signed document must be presented to the district indicating the change. The list of designated agents compiled under this section must be maintained and certified by the irrigation district to ensure that only one vote is cast on behalf of each acre or fraction of an acre.

(4) The board of commissioners shall choose one of the following methods of balloting:

(a) for 10 votes or less, separate ballots must be used, and for more than 10 votes, the elector shall vote in blocks of 10 using one ballot for each 10 votes and separate ballots for odd votes over multiples of 10; or

(b) the elector shall submit a ballot that includes the number of irrigable acres owned within the district and the number of votes being cast.

(5) (a) Except as provided in subsections (5)(b) and (5)(c), if the county election office administers the election, the list of eligible electors that is maintained and certified by the irrigation district must be provided to the county election office not less than 60 days before the election.

(b) If the irrigation district receives a valid change document regarding a qualified elector or a designated agent at least 14 days prior to an election being administered by the county election office and the district fulfills the requirements of subsection (5)(c), the elector or designated agent is eligible to vote.

(c) The irrigation district shall notify the election office within 4 days of receiving a change document as described in subsection (5)(b) and shall provide the necessary information regarding the change to the election office in order for the election office to administer the proper ballot.

(d) After receiving notice in accordance with subsection (5)(c), the county election office shall provide the elector with a ballot.

(e) If a qualified elector or designated agent provides a valid change document to an irrigation district within the 13 days prior to and including election day, the district must provide to the elector or agent a notice, which the elector or agent may present to the election office. If the election office determines that the votes have not already been cast for the respective irrigable acres, the elector or agent may receive a ballot and cast the votes for those acres.
Mont. Code Ann. § 85-1-813 — MT Code / Title 85 / Chapter 1 / Part 8 / Section 85-1-813
85-1-813 Valuation of cabin or home sites and improvements
Status: in_force

85-1-813 . Valuation of cabin or home sites and improvements. (1) (a) Prior to the sale of project lands pursuant to 85-1-812 , the department shall separately determine the full market value of the land and the value of the cabin site improvements existing on the land and the value of any necessary access easement across existing state lands from the nearest public road. The appraisal must be based on comparable sales of nearby existing properties with the hypothetical condition that the state parcel to be sold is accessible for all lawful purposes. The appraisal must determine the raw undeveloped value of the parcel and the value of the cabin site improvements.

(b) (i) In determining the values required by subsection (1)(a), the department shall establish a list of at least two third-party independent appraisers available to conduct the appraisal of the land and the cabin site improvements. The department shall provide a copy of the list to the cabin or home site lessee. The lessee shall provide the department with a list of at least 50% of the appraisers from the department's list. The department shall select the appraiser to conduct the appraisal from the list provided by the lessee.

(ii) The department shall assume the proportionate cost of the appraisal of the state land valuation. The lessee shall assume the proportionate cost of the appraisal of the valuation of the cabin site improvements.

(c) The department shall disclose the results of the appraisal to the cabin or home site lessee of the land for sale and shall give that lessee notice and opportunity for an administrative hearing before the department to contest those valuations. The department shall review the arguments and evidence received at the hearing. The department shall make a final determination on the values of the land and cabin site improvements.

(2) (a) If the lessee consents to the terms and conditions of the proposed sale and the valuation of cabin site improvements, the sale must proceed utilizing the department's final determination of the values, and the lessee is obligated to transfer its interest in the cabin site improvements existing on the cabin or home site lease according to the board's final determination of their value.

(b) Nothing in this section prohibits the lessee from accepting a price for the cabin site improvements existing on the cabin or home site that is less than the department's final determination of value.

(3) For purposes of 85-1-812 and 85-1-813 , "cabin site improvements" includes but is not limited to:

(a) a home or residence;

(b) outbuildings and structures;

(c) sleeping cabins;

(d) utilities;

(e) water systems;

(f) septic systems;

(g) docks; and

(h) landscaping.
Mont. Code Ann. § 85-1-802 — MT Code / Title 85 / Chapter 1 / Part 8 / Section 85-1-802
85-1-802 Leases authorized
Status: in_force

85-1-802 . Leases authorized. (1) The department may lease all project lands appurtenant to a state-owned water project for purposes that the department considers appropriate.

(2) A lease of project lands to the department of fish, wildlife, and parks for public recreational use may not exceed 30 years. Other leases of project lands may not exceed 10 years.
Mont. Code Ann. § 85-7-1958 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1958
85-7-1958 Power to contract with United States cumulative
Status: in_force

85-7-1958 . Power to contract with United States cumulative. Sections 85-7-1951 through 85-7-1958 shall not limit the power and authority of an irrigation district or the commissioners thereof to contract with the United States under other applicable statutes but shall be cumulative thereto.
Mont. Code Ann. § 85-7-1416 — MT Code / Title 85 / Chapter 7 / Part 14 / Section 85-7-1416
85-7-1416 Undertakings to be self-supporting
Status: in_force

85-7-1416 . Undertakings to be self-supporting. (1) An issuer issuing bonds pursuant to this part shall collect reasonable fees for the services, facilities, and commodities of the undertaking and shall revise the fees from time to time so that the undertaking remains self-supporting.

(2) The fees prescribed must produce revenue at least sufficient to:

(a) pay when due all bonds and interest thereon for which the revenue is pledged, including reserves; and

(b) provide for all expenses of operation and maintenance of the undertaking, including reserves.
Mont. Code Ann. § 85-2-310 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-310
85-2-310 Action on application for permit or change in appropriation right
Status: in_force

85-2-310 . (Temporary) Action on application for permit or change in appropriation right. (1) (a) If the department issues an updated draft preliminary determination or a preliminary determination to deny an application for a permit or a change in appropriation right under 85-2-307 , unless the applicant withdraws the application, the department shall hold a hearing pursuant to 2-4-604 after serving notice of the hearing by first-class mail on the applicant for the applicant to show cause by a preponderance of the evidence as to why the permit or change in appropriation right should not be denied.

(b) (i) On request from the applicant, the department shall appoint a hearing examiner who did not participate in the preliminary determination.

(ii) The applicant may make only one request pursuant to this subsection (1)(b) for a different hearing examiner.

(c) A decision to deny a permit or change in appropriation right following a hearing under this subsection (1) is final.

(2) (a) A hearing under subsection (1) is limited to the evidence presented in support of the application considered by the department pursuant to 85-2-302 and 85-2-307 .

(b) If the department determines at a hearing held under subsection (1) that an application may proceed as a draft preliminary determination to grant or a draft preliminary determination to grant in a modified form, then the department shall modify the draft preliminary determination consistent with the determination of the hearing and proceed to provide notice of the opportunity to provide public comment pursuant to 85-2-307 (4).

(c) The department shall issue its determination on a hearing held under subsection (1) within 90 days of the close of the administrative record.

(3) If valid objections filed pursuant to 85-2-308 are not received on an application or if valid objections are unconditionally withdrawn and the department preliminarily determined to grant the permit or change in appropriation right, the department shall grant the permit or change in appropriation right as proposed in the preliminary determination pursuant to 85-2-307 .

(4) If valid objections filed pursuant to 85-2-308 to an application are received and withdrawn with conditions stipulated with the applicant and the department preliminarily determined to grant the permit or change in appropriation right under 85-2-307 , the department shall grant the permit or change in appropriation right subject to conditions as necessary to satisfy applicable criteria.

(5) The department shall deny, grant in a modified form, or grant with or without conditions a permit under 85-2-311 or a change in appropriation right under 85-2-402 by issuing a final determination within 90 days after the administrative record is closed for a hearing held pursuant to 85-2-309 .

(6) If an application is to appropriate water with a point of diversion, conveyance, or place of use on national forest system lands, any application approved by the department 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 applied for and any terms, conditions, and limitations related to the use of water contained in any special use authorization required by federal law.

(7) The department may cease action on an application for a permit or change in appropriation right and return it to the applicant when it finds that the application is not in good faith or does not show a bona fide intent to appropriate water for a beneficial use. An application returned for either of these reasons must be accompanied by a statement of the reasons for which it was returned, and for a permit application there is not a right to a priority date based on the filing of the application. Returning an application pursuant to this subsection is a final decision of the department.

(8) For all applications filed after July 1, 1973, the department shall find that an application is not in good faith or does not show a bona fide intent to appropriate water for a beneficial use if:

(a) an application is not corrected and completed as required by 85-2-302 ;

(b) the appropriate filing fee is not paid;

(c) the application does not document:

(i) a beneficial use of water;

(ii) the proposed place of use of all water applied for;

(iii) for an appropriation of 4,000 acre-feet a year or more and 5.5 cubic feet per second or more, a detailed project plan describing when and how much water will be put to a beneficial use. The project plan must include a reasonable timeline for the completion of the project and the actual application of the water to a beneficial use.

(iv) for appropriations not covered in subsection (8)(c)(iii), a general project plan stating when and how much water will be put to a beneficial use; and

(v) except as provided in subsection (9), if the water applied for is to be appropriated above that which will be used solely by the applicant or if it will be marketed by the applicant to other users, information detailing:

(A) each person who will use the water and the amount of water each person will use;

(B) the proposed place of use of all water by each person;

(C) the nature of the relationship between the applicant and each person using the water; and

(D) each firm contractual agreement for the specified amount of water for each person using the water; or

(d) the appropriate environmental impact statement costs or fees, if any, are not paid as required by 85-2-124 .

(9) If water applied for is to be marketed by the applicant to other users for the purpose of aquifer recharge or mitigation, the applicant is exempt from the provisions of subsection (8)(c)(v). The applicant shall provide information detailing the proposed place of use. (Terminates June 30, 2031--sec. 9, Ch. 244, L. 2023.)
Mont. Code Ann. § 85-2-225 — MT Code / Title 85 / Chapter 2 / Part 2 / Section 85-2-225
85-2-225 Filing fee -- processing fee for remitted claims
Status: in_force

85-2-225 . Filing fee -- processing fee for remitted claims. (1) Each claim filed under 85-2-221 must be accompanied by a filing fee in the amount of $40, subject to the following exceptions:

(a) the total filing fees for all claims filed by one person in any one water court division may not exceed $480; and

(b) a filing fee is not required to accompany a claim of an existing right that is included in a decree of a court in the state of Montana and that is accompanied by a copy of that decree or pertinent portion of the decree.

(2) A claim that is exempt from the filing requirements of 85-2-221 (1) but that is voluntarily filed must be accompanied by a filing fee in the amount of $40. Exempt claims for a single development with several uses if filed simultaneously may be accompanied by a filing fee in the amount of $40.

(3) (a) In addition to the filing fee set forth in subsection (1), each statement of claim filed under 85-2-221 (3) must be accompanied by a processing fee in the amount of $150, which must be deposited in the general fund.

(b) The water judge shall assess against the late claimant all reasonable administrative costs and expenses that may be incurred by the court due to the filing of the late claim and the consideration of the objection, and the assessment must be deposited in the general fund.

(4) Each claim filed under 85-2-222 must be accompanied by a filing fee in the amount of $130, except that:

(a) the total filing fees for all claims under 85-2-222 filed by one person in any one water court division may not exceed $1,560; and

(b) a filing fee is not required to accompany a claim of an existing right that is included in a decree of a court in the state of Montana and that is accompanied by a copy of that decree or pertinent portion of the decree.
Mont. Code Ann. § 85-2-406 — MT Code / Title 85 / Chapter 2 / Part 4 / Section 85-2-406
85-2-406 District court supervision of water distribution
Status: in_force

85-2-406 . District court supervision of water distribution. (1) The district courts shall supervise the distribution of water among all appropriators. This supervisory authority includes the supervision of all water commissioners appointed prior or subsequent to July 1, 1973. The supervision must be governed by the principle that first in time is first in right.

(2) (a) A district court may order the distribution of water pursuant to a district court decree entered prior to July 1, 1973, until an enforceable decree is entered under part 2 of this chapter or the matter has been adjudicated under the procedure set forth in subsection (2)(b).

(b) When a water distribution controversy arises upon a source of water in which not all existing rights have been conclusively determined according to part 2 of this chapter, any party to the controversy may petition the district court to certify the matter to the chief water judge. If a certification request is made, the district court shall certify to the chief water judge the determination of the existing rights that are involved in the controversy according to part 2 of this chapter. The district court from which relief is sought shall retain exclusive jurisdiction to grant injunctive or other relief that is necessary and appropriate pending adjudication of the existing water rights certified to the water judge. Certified controversies must be given priority over all other adjudication matters. After determination of the matters certified, the water judge shall return the decision to the district court with a tabulation or list of the existing rights and their relative priorities.

(3) A controversy between appropriators from a source that has been the subject of a final decree under part 2 of this chapter must be settled by the district court. The order of the district court settling the controversy may not alter the existing rights and priorities established in the final decree except to the extent the court alters rights based upon abandonment, waste, or illegal enlargement or change of right. In cases involving permits issued by the department, the court may not amend the respective rights established in the permits or alter any terms of the permits unless the permits are inconsistent or interfere with rights and priorities established in the final decree. The order settling the controversy must be appended to the final decree, and a copy must be filed with the department. The department must be served with process in any proceeding under this subsection, and the department may, in its discretion, intervene in the proceeding.

(4) A temporary preliminary decree or preliminary decree or a portion of a temporary preliminary decree or preliminary decree as modified after objections and hearings is enforceable and administrable according to its terms. If an action to enforce a temporary preliminary decree or preliminary decree is commenced, the water judge shall upon referral from the district court establish, in a form determined to be appropriate by the water judge, one or more tabulations or lists of all existing rights and their relative priorities.

(5) A person whose existing rights and priorities are determined in a temporary preliminary decree or preliminary decree or a person exercising a suspension under 85-2-217 and part 7 of this chapter may appeal a determination made pursuant to subsection (2).
Mont. Code Ann. § 85-3-422 — MT Code / Title 85 / Chapter 3 / Part 4 / Section 85-3-422
85-3-422 Tax certified by weather modification authority -- disposition of proceeds
Status: in_force

85-3-422 . Tax certified by weather modification authority -- disposition of proceeds. (1) The authority may certify annually to the board of county commissioners a tax on the taxable value of all taxable property in the county for a weather modification fund. Subject to 15-10-420 , the tax may be levied by the board of county commissioners. The weather modification fund may be used only for weather modification activities as provided by 85-3-424 . The tax certified by the authority is limited to the period of existence of the authority.

(2) The money in the weather modification fund must be invested to earn interest at the rate most advantageous to the fund, consistent with law and prudent business practice.
Mont. Code Ann. § 85-7-1973 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1973
85-7-1973 Amount owed state -- lien and special tax
Status: in_force

85-7-1973 . Amount owed state -- lien and special tax. All amounts owed to the state under any contract made under 85-7-1971 through 85-7-1975 between the district and the state of Montana establish a general obligation of the district for payment, and any amounts to be paid to the state of Montana constitute a lien upon the irrigation system of the district. All lands now within the district or added to the district are subject to a special tax or assessment under 85-7-2104 for the payment of all amounts owed to the state under the contract between the district and the state of Montana. The special tax or assessment constitutes a first and prior lien on the land against which it is levied to the same extent and with the same force and effect as taxes levied for state and county purposes.
Mont. Code Ann. § 85-2-224 — MT Code / Title 85 / Chapter 2 / Part 2 / Section 85-2-224
85-2-224 Statement of claim
Status: reserved

85-2-224 . Statement of claim. (1) The statement of claim for each right arising under the laws of the state and for each right reserved under the laws of the United States that has been actually put to use must include substantially the following:

(a) the name and mailing address of the claimant;

(b) the name of the watercourse or water source from which the right to divert or make use of water is claimed, if available;

(c) the quantities of water and times of use claimed;

(d) the legal description, with reasonable certainty, of the point or points of diversion and places of use of waters;

(e) the purpose of use, including, if for irrigation, the number of acres irrigated;

(f) the approximate dates of first putting water to beneficial use for the various amounts and times claimed in subsection (1)(c); and

(g) the sworn statement that the claim set forth is true and correct to the best of claimant's knowledge and belief.

(2) A claimant filing a statement of claim under subsection (1) shall submit maps, plats, aerial photographs, decrees, pertinent portions of those documents, or other evidence in support of the claim. All maps, plats, or aerial photographs should show as nearly as possible to scale the point of diversion, place of use, place of storage, and other pertinent conveyance facilities.

(3) Any statement of claim for rights reserved under the laws of the United States that have not yet been put to use must include substantially the following:

(a) the name and mailing address of the claimant;

(b) the name of the watercourse or water source from which the right to divert or make use of water is claimed, if available;

(c) the quantities of water claimed;

(d) the priority date claimed;

(e) the laws of the United States on which the claim is based; and

(f) the sworn statement that the claim set forth is true and correct to the best of the claimant's knowledge and belief.
Mont. Code Ann. § 85-2-516 — MT Code / Title 85 / Chapter 2 / Part 5 / Section 85-2-516
85-2-516 Well logs
Status: in_force

85-2-516 . Well logs. (1) Within 60 days after any well is completed, the driller shall file with the bureau a well log report.

(2) Except as provided in subsection (3), the well log report must be filed on a form specified by the department in consultation with the board of water well contractors provided for in 2-15-3307 and the bureau. The driller shall provide a location for the well using at least two methods as specified on the form.

(3) The bureau may allow submission of the well log report in an electronic format that is in accordance with the form specified as provided in subsection (2).

(4) The bureau may return the report for refiling if it is incomplete or incorrect.
Mont. Code Ann. § 85-2-351 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-351
85-2-351 Notice to permitholders -- Clark Fork River basin
Status: in_force

85-2-351 . Notice to permitholders -- Clark Fork River basin. The department shall provide a written notice to each person that receives a provisional water use permit to appropriate water within the Clark Fork River basin. The written notice must state: "This provisional water use permit has a priority date that is junior to the rights of senior water right holders in the Clark Fork River Basin. In accordance with Montana law, you may be subject to a call by senior water right holders, in which case you may be required to discontinue your use of water for the period of the call."
Mont. Code Ann. § 85-7-2167 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2167
85-7-2167 Sale or transfer of lands
Status: in_force

85-7-2167 . Sale or transfer of lands. Where any lands in any district are sold or transferred, either by deed, mortgage, foreclosure sale, or otherwise, such sale or transfer shall include the water belonging to and appurtenant to the land, whether or not the same is expressly stated in the deed, instrument of transfer, or decree, and such land shall be liable to special tax or assessment the same as if such sale or transfer had not been made.
Mont. Code Ann. § 85-2-307 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-307
85-2-307 Notice of receipt of application for permit or change in appropriation right -- draft preliminary determination -- extensions -- updated draft preliminary determination -- public comments -- issuance of preliminary determination
Status: reserved

85-2-307 . (Temporary) Notice of receipt of application for permit or change in appropriation right -- draft preliminary determination -- extensions -- updated draft preliminary determination -- public comments -- issuance of preliminary determination. (1) On receipt of an application for a permit or a change in appropriation right, the department shall publish notice of receipt of the application on the department's website. The notice must be updated on the website when an application is determined to be correct and complete.

(2) Within 60 days of receiving a correct and complete application if the applicant has completed a preapplication meeting or within 120 days of receiving a correct and complete application if the applicant has not completed a preapplication meeting, the department:

(a) may meet with the applicant, the persons listed in subsection (4)(f), and persons who may claim standing pursuant to 85-2-308 to discuss the application;

(b) shall make a written draft preliminary determination as to whether or not the application satisfies the applicable criteria for issuance of a permit or change in appropriation right; and

(c) may include conditions in the written draft preliminary determination to satisfy applicable criteria for issuance of a permit or change in appropriation right.

(3) (a) An applicant has 15 business days from issuance of a draft preliminary determination to request an extension of time to submit additional information. The department may grant an extension of up to 180 days for the applicant to submit additional evidence. The department shall provide the applicant with written notice of the extension deadline.

(b) The department may revise its draft preliminary determination based on information received under subsection (3)(a). The department shall issue an updated draft preliminary determination within 60 days after the earliest date of:

(i) the extension deadline set pursuant to subsection (3)(a); or

(ii) the department's receipt of written notice from the applicant stating submittal of all additional information to the department is considered correct and complete.

(c) If the department's updated draft preliminary determination:

(i) is to deny the application, the department shall hold a hearing as provided in 85-2-310 ; or

(ii) is to grant the application or grant the application in modified form, the department shall provide notice of the opportunity to provide public comment pursuant to subsection (4).

(d) If the applicant does not request an extension of time, the department shall:

(i) provide notice of the draft preliminary determination to grant the application or grant the application in modified form and also provide notice of the opportunity to provide public comment pursuant to subsection (4); or

(ii) issue a preliminary determination to deny the application and hold a hearing as provided in 85-2-310 .

(4) (a) The department shall prepare a notice of the opportunity to provide public comment on a draft preliminary determination or an updated draft preliminary determination issued for an application.

(b) The notice of the opportunity to provide public comment must:

(i) state that no more than 30 days after the date of publication, a person may file a public comment about the application with the department on a form provided by the department; and

(ii) contain facts pertinent to the application, including a summary of the draft preliminary determination and any conditions.

(c) The department shall publish the notice once in a newspaper of general circulation in the area of the source of the appropriation right and post the notice on the department website.

(d) A public comment must identify how one or more criteria for the issuance of a permit or a change in appropriation right is not adequately addressed in a draft preliminary determination issued for the application. The department may adopt additional rules for public comments.

(e) A person has standing to file a public comment pursuant to this section if the property, water rights, or interests of the person would be adversely affected by the proposed appropriation.

(f) Before the date of publication of the notice of the opportunity to provide public comment, the department shall also serve the notice by first-class mail on:

(i) an appropriator of water or applicant for or holder of a permit who, according to the records of the department, may be affected by the proposed appropriation;

(ii) any purchaser under contract for deed, as defined in 70-20-115 , of property that, according to the records of the department, may be affected by the proposed appropriation; and

(iii) any public agency that has reserved waters in the source under 85-2-316 .

(g) The department may, in its discretion, also serve notice on any state agency or other person the department feels may be interested in or affected by the proposed appropriation.

(h) The department shall file in its records proof of service by affidavit of the publisher in the case of notice by publication and by its own affidavit in the case of service by mail.

(5) (a) Within 30 days after the close of the period to provide public comment, the department shall consider the public comments, respond to the public comments, and issue a preliminary determination to grant the application, grant the application in modified form, or deny the application.

(b) If, after considering the public comments subject to subsection (5)(a), the department's preliminary determination is to:

(i) deny the application, the department shall hold a hearing as provided in 85-2-310 ; or

(ii) grant the application or grant the application in a modified form, a person may file an objection to an application pursuant to 85-2-308 .

(c) If no public comments are received pursuant to subsection (4), the department's preliminary determination is adopted as the final determination. (Terminates June 30, 2031--sec. 9, Ch. 244, L. 2023.)
Mont. Code Ann. § 85-7-1617 — MT Code / Title 85 / Chapter 7 / Part 16 / Section 85-7-1617
85-7-1617 Apportionment of costs of joint operation
Status: in_force

85-7-1617 . Apportionment of costs of joint operation. The districts entering into a contract for their joint control shall pay to the board of control, proportionately on an acreage basis the necessary costs, expenses, and charges for the general administration, maintenance, and repairs.
Mont. Code Ann. § 85-7-206 — MT Code / Title 85 / Chapter 7 / Part 2 / Section 85-7-206
85-7-206 Basis and apportionment of annual tax
Status: in_force

85-7-206 . Basis and apportionment of annual tax. The annual tax levy and the apportionment and distribution of the total amount required to be raised in any year must be determined and imposed in accordance with 85-7-2104 and the provisions and limitations of law applicable to irrigation districts organized under the provisions of parts 1 and 15 of this chapter.
Mont. Code Ann. § 85-2-417 — MT Code / Title 85 / Chapter 2 / Part 4 / Section 85-2-417
85-2-417 Enforcement of right to surplus
Status: in_force

85-2-417 . Enforcement of right to surplus. Any person constructing the necessary ditches, aqueducts, or flumes and making the payments or tenders hereinbefore provided is entitled to the use of so much of the surplus water as said ditches, flumes, or aqueducts have the capacity to carry and for which payment or tender is made and may institute and maintain any appropriate action at law or in equity for the enforcement of such right or recovery of damages arising from a failure to deliver or wrongful diversion of the same.
Mont. Code Ann. § 85-8-341 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-341
85-8-341 Preparation of report -- contents
Status: in_force

85-8-341 . Preparation of report -- contents. (1) As soon as may be after the confirmation of the preliminary report or within such time as the court may direct, said commissioners shall proceed to have all necessary levels taken and surveys made and shall lay out said proposed work; make a map thereof and plans, profiles, and other specifications thereof; and report in writing to the court:

(a) whether the starting points, routes, and termini of the proposed work and the proposed location thereof as contained in the petition are in all respects proper and feasible and, if not, shall report such as are most proper and feasible;

(b) if it be found necessary to change the boundaries of said proposed district, as fixed by them previously, they shall report said proposed change and, if possible, shall report the names, residence, and post-office addresses of the owner or owners of all lands affected by said change in boundaries, but no such change in boundaries shall be made as to deprive the court of jurisdiction; provided, however, that if the owners of lands adjacent to the district petition to have their lands brought into the district such may be considered the same as original petitioners in making changes of boundaries;

(c) what lands within the district, as reported by them, will be injured by the proposed work, if any, and they shall therein award to each tract, lot, easement, or interest, by whomsoever held, the amount of damages which they shall determine will be caused to the same by the proposed work;

(d) what lands (including improvements when improvements receive benefits), easements, irrigation ditches, cities, towns, counties, individuals, and other corporations and persons should be assessed for the payment of any part of the cost of constructing the proposed drains, levees, or other facilities, repairs thereto, maintenance thereof, and the incidental expenses attached to the establishment of such drainage district;

(e) the total amount, as near as they can determine, that said proposed work will cost, which cost shall include all incidental expenses, the reasonable cost of organizing said district, the costs of proceeding and all probable damage to lands, both within and without the district, together with a reasonable attorney fee for the petitioners, which cost will hereinafter be referred to as cost of construction.

(2) If the cost of construction of any particular part of the work so proposed to be done should be assessed upon any particular tract or tracts, lot or lots of land, including improvements where the same are benefited or upon any corporation or corporations, the commissioners shall so specify, and in their report they shall fix and determine the sums which should be assessed against said tracts, lots, and corporations and assess such sum against said tracts, lots, and corporations.

(3) If any individual, association of individuals, or corporation would, in the judgment of said commissioners, derive special benefits from the whole or any part of such proposed work, the commissioners shall so report and assess those benefits and assess against the recipient thereof its proportionate share of the costs of said proposed work. The word "corporation", whenever contained in this chapter, shall be construed to include:

(a) railroad companies;

(b) other private and quasi-public corporations of all kinds;

(c) towns;

(d) cities;

(e) villages;

(f) other drainage districts; and

(g) counties.

(4) They shall apportion and assess the part of this cost of construction, not assessed as above, against the several benefited tracts, lots (including improvements when the same are benefited), and easements in said drainage district, in proportion to the benefits which they have assessed against the same, by setting down opposite each tract, lot, or easement the sum which they assess against the same for construction. The assessments which together make up the cost of construction, as above defined, are herein referred to as assessments for construction.

(5) The commissioners shall further report to the court the probable cost of keeping said proposed work in repair after it is completed.

(6) They shall include in their report said map, plans, and other specifications and file the same with their report.
Mont. Code Ann. § 85-7-1434 — MT Code / Title 85 / Chapter 7 / Part 14 / Section 85-7-1434
85-7-1434 Security interest in undertaking
Status: in_force

85-7-1434 . Security interest in undertaking. The issuer may, pursuant to a mortgage, trust indenture, or security agreement, grant a security interest in the real and personal property constituting the undertaking itself.
Mont. Code Ann. § 85-8-345 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-345
85-8-345 Notice of hearing of report
Status: in_force

85-8-345 . Notice of hearing of report. (1) Upon the filing of the report under 85-8-341 , the court shall make an order fixing the time and place when and where all interested persons may appear and protest against the confirmation of the petition. The clerk of court shall give notice to all interested parties by publication of the order for at least 3 successive weeks before the date of the hearing in at least one newspaper in each county in which lands located in the district are situated. The notice must contain a statement of the time and place of the hearing of the report and a brief statement of the substance of the report.

(2) Upon a date not later than the date of the first publication of the notice referred to in subsection (1), the clerk of court shall also cause to be mailed to each of the persons or corporations recommended by the report to be assessed or whose lands are recommended by the report to be included in the district, at the person's or corporation's last-known post-office address, a notice containing a brief description of the land or easement belonging to the person or corporation benefited or damaged, the net damage awarded to the tract, parcel, easement, or corporation, and the sum assessed against the benefited parcel, tract, easement, or corporation.
Mont. Code Ann. § 85-1-612 — MT Code / Title 85 / Chapter 1 / Part 6 / Section 85-1-612
85-1-612 Rulemaking authority
Status: in_force

85-1-612 . Rulemaking authority. The department shall adopt rules:

(1) prescribing a reasonable application fee and the form and content of applications for grants and loans;

(2) governing the application of the criteria for awarding loans and grants to private persons;

(3) providing for the servicing of loans including arrangements for obtaining security interests and the establishment of reasonable fees or charges to be made;

(4) describing the terms and conditions for making grants and loans, the security instruments, and the agreements necessary;

(5) describing the ranking criteria used to evaluate and prioritize grants to governmental entities, which must include a ratio calculated by dividing the amount of the locally provided match, which includes cash or capital improvement funds, by the annual operating budget for the system. Projects with a higher ratio of match may be given priority over other projects with a lower ratio, and consideration must be given to the size and cost of the proposed project, the number of users the project serves, and the ability of the applicant to fund the fund dedicated to capital improvements.

(6) specifying any other procedures necessary to accomplish the objectives of the renewable resource grant and loan program.
Mont. Code Ann. § 85-1-102 — MT Code / Title 85 / Chapter 1 / Part 1 / Section 85-1-102
85-1-102 Definitions
Status: in_force

85-1-102 . Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:

(1) "Administrative costs" means costs incurred by the department:

(a) for the purpose of protecting the department's properties and assets;

(b) to oversee the operation and maintenance of the projects;

(c) to administer contracts and receivables;

(d) to maintain project financial records;

(e) to provide technical assistance for operating, maintaining, and rehabilitating the projects; and

(f) to assist in securing funds for operating, maintaining, and rehabilitating the projects.

(2) "Cost of operation and maintenance" means the costs of operation, maintenance, and routine repairs and the costs incurred by the water users' association or the department in the distribution of water from the project, excluding the department's administrative costs.

(3) "Cost of works" means:

(a) the cost of construction, including any rehabilitation or alteration of the project;

(b) the cost of all lands, property, rights, easements, and franchises acquired that are considered necessary for the construction;

(c) the cost of all water rights acquired or exercised by the department in connection with the works;

(d) the cost of all machinery and equipment, financing charges, and interest prior to and during construction and for a period not exceeding 3 years after the completion of construction;

(e) the cost of engineering and legal services, plans, specifications, surveys, estimates of cost, and other expenses necessary or incident to determining the feasibility or practicability of any project;

(f) administrative expense; and

(g) other expenses that are necessary or incident to the financing authorized in this part and the construction of the works and the placing of the works in operation.

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

(5) "Owner" means all individuals, irrigation districts, drainage districts, flood control districts, incorporated companies, societies, or associations that have any title or interest in any properties, rights, easements, or franchises to be acquired.

(6) (a) "Private person" means any individual, association, partnership, corporation, or other nongovernmental entity that is not eligible for loans and grants under 85-1-605 .

(b) The term does not include a governmental entity, such as an agency, local government, or political subdivision of the state, the United States, or any agency of the United States, or any other governmental entity.

(7) "Project" means any one of the works defined in this section or any combination of works that are physically connected or jointly managed and operated as a single unit.

(8) "Public benefits" means those benefits that accrue from a water development project or activity to persons other than the private grant or loan recipient and that enhance the common well-being of the people of Montana. Public benefits include but are not limited to recreation, flood control, erosion reduction, agricultural flood damage reduction, water quality enhancement, sediment reduction, access to recreation opportunities, and wildlife conservation.

(9) "Renewable resource loan debt service fund" means a separate fund created by 85-1-603 within the debt service fund type of the state treasury, to be used as provided in 85-1-619 .

(10) "Renewable resource loan proceeds account" means a separate account created by 85-1-617 within the state special revenue fund of the state treasury to:

(a) finance loans under the provisions of the renewable resource grant and loan program to agencies, local governments, and political subdivisions of the state, to private persons, and to any other eligible recipients; and

(b) purchase liens and operate property, as provided in 85-1-615 , from proceeds of bonds issued under part 6 of this chapter.

(11) "Tribal government" means the officially recognized government of an Indian tribe, nation, or other organized group or community that is located in Montana, that exercises self-government powers, and that is recognized as eligible for those services that are provided by the United States to Indians because of their status as Indians.

(12) "Water development activity" means an action or program to protect and enhance water-based recreation or to protect or enhance water resources for the benefit of agriculture, flood control, or other uses, including but not limited to the promotion of efficient use of water in agriculture, the improvement of water quality in agriculture and other nonpoint source uses, the protection and enhancement of water-based recreation, the control of erosion of streambanks and control of sedimentation in rivers and streams, and the provision of greater local and state control of Montana's water resources. Water development activities may provide any combination of marketable and nonmarketable benefits.

(13) "Water development project" means a project as defined in subsection (7), except that water development projects:

(a) are not limited to projects owned or operated by the department; and

(b) for purposes of the renewable resource grant and loan program, must include water development activities.

(14) (a) "Works" means all property and rights, easements, and franchises relating to property and considered necessary or convenient for the operation of the works and all water rights acquired or exercised by the department in connection with those works.

(b) The term includes:

(i) all means of conserving and distributing water, including but not limited to reservoirs, dams, diversion canals, distributing canals, waste canals, drainage canals, dikes, lateral ditches and pumping units, mains, pipelines, and waterworks systems; and

(ii) all works for the conservation, development, storage, distribution, and utilization of water, including but not limited to works for the purpose of irrigation, flood prevention, drainage, fish and wildlife, recreation, development of power, watering of stock, and supplying water for public, domestic, industrial, or other uses and for fire protection.
Mont. Code Ann. § 85-7-1508 — MT Code / Title 85 / Chapter 7 / Part 15 / Section 85-7-1508
85-7-1508 Compensation and duties of secretary
Status: in_force

85-7-1508 . Compensation and duties of secretary. The member of the board acting as secretary or any person appointed by the board as secretary for the district must receive compensation for services as allowed by the board. It is the duty of the secretary to keep the books and records of accounts, contracts, securities, and other records, to perform the duties promptly each month, and to make a monthly reconcilement of accounts with the county treasurer. It is the duty of the county treasurer to make a monthly report to the secretary of all receipts, disbursements, and balances. A failure by the secretary to comply with the provisions of this section causes a forfeiture of the secretary's salary, and the secretary must be removed from office by the board.
Mont. Code Ann. § 85-8-364 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-364
85-8-364 Payment or tender of damages
Status: in_force

85-8-364 . Payment or tender of damages. (1) The damages allowed to the owners of lands must be paid or tendered before the commissioners are authorized to enter upon the lands (for damage to which the award is made) for the construction of any proposed drains, ditches, or levees. If the owner is unknown, if there is a contest in regard to the ownership of the land, if the owner will not receive payment, if there exists a mortgage or other lien against the land, or if the commissioners cannot for any other reason pay the owner, they may deposit the damages with the clerk of court for the benefit of the owner or parties interested, to be paid or distributed as the court shall direct . The deposit has the same effect as the tender to and acceptance of the damages awarded by the owner of the land.

(2) This section does not prevent the commissioners or their agents, servants, and employees from going upon the lands to do any and all work found necessary prior to making their assessment of benefits and award of damages and the trial on their report of the benefits and damages.
Mont. Code Ann. § 85-8-703 — MT Code / Title 85 / Chapter 8 / Part 7 / Section 85-8-703
85-8-703 Petition for additional powers
Status: in_force

85-8-703 . Petition for additional powers. Before the additional powers granted by this part shall become applicable to any presently existing drainage district in this state, the commissioners of such district shall file a petition in the district court requesting such additional powers as set forth herein and proper notice shall be given to interested landowners in the same manner as in the first instance of creation of the district. Proceedings shall be conducted, insofar as possible, in accordance with the procedures set forth for determining whether or not the district shall be created in the first instance, and the district court shall render its decree or order accordingly.
Mont. Code Ann. § 85-20-112 — MT Code / Title 85 / Chapter 20 / Part 1 / Section 85-20-112
85-20-112 Services of county attorneys
Status: in_force

85-20-112 . Services of county attorneys. The county attorneys of the state shall perform such legal services and bring such proceedings in carrying out the purposes of this part within their respective counties as the department shall require.
Mont. Code Ann. § 85-15-502 — MT Code / Title 85 / Chapter 15 / Part 5 / Section 85-15-502
85-15-502 Deposit of penalties and costs
Status: in_force

85-15-502 . Deposit of penalties and costs. All penalties and costs collected under this chapter, other than those collected in a justice's court, must be deposited in the state general fund.
Mont. Code Ann. § 85-2-328 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-328
85-2-328 Terminated
Status: in_force

85-2-328 . Terminated. Sec. 6, Ch. 352, L. 1991.
Mont. Code Ann. § 85-2-313 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-313
85-2-313 Provisional permit
Status: in_force

85-2-313 . Provisional permit. (1) A permit authorized prior to the issuance of a final decree pursuant to 85-2-234 in the basin where the permit is located is provisional and is subject to that final decree. A person may not obtain any vested right to an appropriation obtained under a provisional permit by virtue of construction of diversion works, purchase of equipment to apply water, planting of crops, or other action in which the permit would have been denied or modified if the final decree had been available to the department.

(2) (a) Within 60 days after the issuance of a final decree pursuant to 85-2-234 , the department shall serve, by first-class mail, owners of record of existing water rights and provisional permits within the decreed basin with a notice of final decree and opportunity to petition for the reduction, modification, or revocation of a provisional permit located in the decreed basin.

(b) The department shall also provide notice to other interested persons who request service of the notice of final decree from the department.

(c) For basins in which a final decree was issued prior to January 1, 2026, the department shall provide notice by January 31, 2026, in accordance with subsections (2)(a) and (2)(b).

(3) (a) An owner of an existing water right in the decreed basin may file a correct and complete petition to reduce, modify, or revoke a provisional permit issued prior to the final decree in the subject basin. Within 180 days of issuance of the notice required under subsection (2), the petition must be:

(i) made on a form prescribed by the department;

(ii) filed with the department; and

(iii) served by first-class mail on all owners of record of the provisional permit.

(b) The department shall notify the petitioner of any defects in a petition within 60 days of the close of the petition period described in subsection (3)(a). A petition that is not corrected and completed within 30 days of the notice of the defects is terminated. If the department does not notify the petitioner of any defects within 60 days, the petition must be treated as correct and complete.

(c) The department shall provide notice of a correct and complete petition to the petitioner and each owner of record of the provisional permit identified in the petition by first-class mail. Within 60 days of the notice, the owner of a provisional permit identified in a petition may file a response to the petition with the department and serve the response on the petitioner by first-class mail.

(d) The petitioner shall prove by a preponderance of the evidence that:

(i) reduction, modification, or revocation of the provisional permit is necessary to protect the petitioner's existing water right determined in the final decree;

(ii) the provisional permit would have been denied or modified if the final decree had been available to the department; and

(iii) based on the findings of the final decree, water could not be considered legally available at the time of issuance of the permit.

(e) Within 120 days of the close of the 60-day response period provided in subsection (3)(c), the department shall deny the petition or propose to reduce, modify, or revoke the provisional permit based on the information in the petition, the response, the final decree, the records of the department, and other evidence submitted to the department. The department shall consider whether, based on the final decree, unappropriated waters or legally available water existed at the time the provisional permit was issued.

(i) If the department proposes to reduce, modify, or revoke a provisional permit, the department shall provide the owner of the provisional permit with an opportunity to show cause why the department should not take the proposed action. If the owner of the provisional permit fails to show sufficient cause, the department shall reduce, modify, or revoke the provisional permit in accordance with the department's findings and conclusions.

(ii) A department determination to deny a petition is final.

(4) If no petition to reduce, modify, or revoke a provisional permit is filed pursuant to subsection (3), the department shall issue a certificate of water right in accordance with 85-2-315 .
Mont. Code Ann. § 85-8-113 — MT Code / Title 85 / Chapter 8 / Part 1 / Section 85-8-113
85-8-113 Proof of service and publication
Status: in_force

85-8-113 . Proof of service and publication. The certificate of the clerk of the court or other public officer or the affidavit of any other person who knows the facts, affixed to a copy of said notice, shall be sufficient evidence of the posting, serving, mailing, or publication thereof.
Mont. Code Ann. § 85-2-901 — MT Code / Title 85 / Chapter 2 / Part 9 / Section 85-2-901
85-2-901 Short title
Status: in_force

85-2-901 . Short title. This part may be cited as the "Montana Ground Water Assessment Act".
Mont. Code Ann. § 85-7-1007 — MT Code / Title 85 / Chapter 7 / Part 10 / Section 85-7-1007
85-7-1007 Court decree and sale of assets
Status: in_force

85-7-1007 . Court decree and sale of assets. (1) The court, in its decree, shall have the power to make the orders necessary to carry out said proposition for the discharge of the indebtedness and distribution of the property of said district and may decree a sale of its assets in such manner as may effectuate said proposition and as the court may judge best, either in one lot or in such parcels as may be provided and may provide for conveyance of said irrigation system, including dams, reservoirs, canals, franchises, water rights, and other property and also of any other assets of the district, including lands sold thereto.

(2) The court, in its investigation and determination of said matter, may take into consideration the fact that payments have been made by certain of the water users in excess of other water users who have defaulted. In its decree the court may require that the purchaser of the assets may give consideration to various water users for payments theretofore made by them on the irrigation system.
Mont. Code Ann. § 85-7-1941 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1941
85-7-1941 Contracts
Status: in_force

85-7-1941 . Contracts. (1) The construction by the district of irrigation works may be done by the district, by private owners, or by contract.

(2) Before any contract is let, the board of commissioners shall provide surveys, plans, maps, and estimates, which shall include everything necessary to show the entire cost in detail of everything necessary to complete the work required to irrigate any of the lands in the district under the proposed system.

(3) Notice of any contract to be awarded for the construction of such works shall state where the plans and specifications may be seen and shall be published at least once a week for 3 successive calendar weeks in a newspaper published or of general circulation in the county where the office of the district is located. Sealed bids shall be called for in such published notice, and bids shall be opened in public.
Mont. Code Ann. § 85-1-632 — MT Code / Title 85 / Chapter 1 / Part 6 / Section 85-1-632
85-1-632 Exemption from environmental review
Status: in_force

85-1-632 . Exemption from environmental review. The department is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when authorizing grants, loans, or bonds related to conservation, reclamation, and renewable resource activities pursuant to this part.
Mont. Code Ann. § 85-1-208 — MT Code / Title 85 / Chapter 1 / Part 2 / Section 85-1-208
85-1-208 Construction across streams, highways, or other obstacles
Status: in_force

85-1-208 . Construction across streams, highways, or other obstacles. (1) The department may construct irrigation works across any stream of water, watercourse, streets, avenues, highways, railways, canals, ditches, or flumes in such manner as to afford security to life and property. The department shall restore the same, when so crossed or intersected, to its former state, as near as may be, so as not to destroy its usefulness. A company whose railroads are intersected or crossed by the works shall unite with the department in forming the intersection and crossing. If the railroad company and the department or the owners and controllers of the property, thing, or franchise so to be crossed cannot agree upon the amount to be paid therefor or the points or the manner of the crossing or intersections, the amount shall be ascertained and determined in all respects as herein provided in respect to taking of land for public use.

(2) This section does not require the payment to the state or any subdivision thereof of a sum for the right to cross a public highway with the works. A right-of-way is hereby given, dedicated, and set apart to locate, construct, and maintain the works over and through the lands which are the property of this state.
Mont. Code Ann. § 85-7-1501 — MT Code / Title 85 / Chapter 7 / Part 15 / Section 85-7-1501
85-7-1501 Qualifications of commissioners and term of office
Status: in_force

85-7-1501 . Qualifications of commissioners and term of office. (1) To qualify as a commissioner, an individual:

(a) must own irrigable land within the division of the district that the individual would represent or hold an equity ownership in an entity that owns irrigable land within the division of the district that the individual would represent; and

(b) must be a resident of the county, or an adjoining county, in which some portion of the division of the district that the individual would represent is located.

(2) The commissioners appointed shall hold their respective offices until their respective successors are elected and qualified. Each of the commissioners shall qualify in the same manner as justices of the peace. The bond for a commissioner must be approved by the district court or judge of the district court and filed in the office of the clerk of the court.

(3) For the purposes of this section, the term "entity" means a corporation, a limited liability company, a business trust, an estate, a trust, a partnership, an unincorporated association, or a foundation.
Mont. Code Ann. § 85-5-202 — MT Code / Title 85 / Chapter 5 / Part 2 / Section 85-5-202
85-5-202 Repair expenses
Status: in_force

85-5-202 . Repair expenses. The judge may allow as a charge any expenses necessarily incurred by the water commissioner in the discharge of duties in the employment of extra labor for the repair of dams, headgates, ditches, or flumes when immediate action is necessary to preserve the rights of the parties entitled to the waters of a stream or when the judge has, in the order appointing the commissioner, required the commissioner to repair ditches and keep in repair necessary headgates, ditches, or flumes. The water commissioner shall report all expenses, and the cost must be taxed against the party or parties for whose benefit the expenses were incurred. In the discretion of the court, the costs or expenses may be assessed against the land upon which or for the benefit of which the expense had been incurred.
Mont. Code Ann. § 85-8-117 — MT Code / Title 85 / Chapter 8 / Part 1 / Section 85-8-117
85-8-117 Contest by landowners
Status: in_force

85-8-117 . Contest by landowners. (1) On the day fixed for hearing on such petition, all parties owning lands or any interest or easement in land within said proposed district or who would be affected thereby may appear and contest:

(a) the sufficiency of the petition;

(b) the sufficiency of the signers of the petition;

(c) the sufficiency of the notice;

(d) the constitutionality of the law; and

(e) the jurisdiction of the court, specifying their objections to such jurisdiction.

(2) The petitioners and contestants may, on the trial, offer any competent evidence in regard thereto. All notices of contest shall be in writing and shall clearly specify the grounds of contest.
Mont. Code Ann. § 85-7-2202 — MT Code / Title 85 / Chapter 7 / Part 22 / Section 85-7-2202
85-7-2202 Consolidation of appeals
Status: in_force

85-7-2202 . Consolidation of appeals. If more than one appeal shall be pending at the same time concerning similar contests provided for in this chapter, such appeals shall be consolidated and tried together.
Mont. Code Ann. § 85-9-622 — MT Code / Title 85 / Chapter 9 / Part 6 / Section 85-9-622
85-9-622 Issuance of bonds -- determination of amount
Status: in_force

85-9-622 . Issuance of bonds -- determination of amount. In determining the amount of bonds to be issued, the directors may include:

(1) all costs of works;

(2) all costs and estimated costs of issuance of the bonds;

(3) interest which they estimate will accrue on money borrowed during the construction period and for 6 months after the period.
Mont. Code Ann. § 85-3-213 — MT Code / Title 85 / Chapter 3 / Part 2 / Section 85-3-213
85-3-213 State special revenue fund
Status: in_force

85-3-213 . State special revenue fund. All license and permit fees and fines collected under this chapter, other than those collected in a justice's court, shall be deposited in the state special revenue fund for use by the department in the administration of this chapter or as appropriated by the legislature.
Mont. Code Ann. § 85-2-436 — MT Code / Title 85 / Chapter 2 / Part 4 / Section 85-2-436
85-2-436 Instream flow to protect, maintain, or enhance streamflows to benefit fishery resource -- change in appropriation rights
Status: in_force

85-2-436 . Instream flow to protect, maintain, or enhance streamflows to benefit fishery resource -- change in appropriation rights. (1) The department of fish, wildlife, and parks may change an appropriation right, which it either holds in fee simple or leases, to an instream flow purpose of use and a defined place of use to protect, maintain, or enhance streamflows to benefit the fishery resource.

(2) The change in purpose of use or place of use must meet all of the criteria and process outlined in 85-2-307 through 85-2-309 , 85-2-401 , and 85-2-402 and the additional criteria and process described in subsection (3) of this section to protect the rights of other appropriators from adverse impacts.

(3) (a) The department of fish, wildlife, and parks, with the consent of the commission, may lease existing rights for the purpose of protecting, maintaining, or enhancing streamflows to benefit the fishery resource.

(b) The department may not approve a change in appropriation right until all objections are resolved.

(c) The application for a change in appropriation right authorization must include specific information on the length and location of the stream reach in which the streamflow is to be protected, maintained, or enhanced and must provide a detailed streamflow measuring plan that describes the points where and the manner in which the streamflow must be measured.

(d) The maximum quantity of water that may be changed to instream flow is the amount historically diverted. However, only the amount historically consumed, or a smaller amount if specified by the department in the change in appropriation right authorization, may be used to protect, maintain, or enhance streamflows below the point of diversion that existed prior to the change in appropriation right.

(e) A lease for instream flow purposes may be entered for a term of up to 10 years, except that a lease of water made available from the development of a water conservation or storage project may be for a term equal to the expected life of the project but not more than 30 years. All leases may be renewed an indefinite number of times but not for more than 10 years for each term. Upon receiving notice of a lease renewal, the department shall notify other appropriators potentially affected by the lease and shall allow 90 days for submission of new evidence of adverse effects to other water rights. A change in appropriation right authorization is not required for a renewal unless an appropriator other than an appropriator described in subsection (3)(i) submits evidence of adverse effects to the appropriator's rights that has not been considered previously. If new evidence is submitted, a change in appropriation right authorization must be obtained according to the requirements of 85-2-402 .

(f) The department may modify or revoke the change in appropriation right authorization up to 10 years after it is approved if an appropriator other than an appropriator described in subsection (3)(i) submits new evidence not available at the time the change in appropriation right was approved that proves by a preponderance of evidence that the appropriator's water right is adversely affected.

(g) The priority of appropriation for a lease or change in appropriation right under this section is the same as the priority of appropriation of the right that is changed to an instream flow purpose.

(h) Neither a change in appropriation right nor any other authorization is required for the reversion of a leased appropriation right to the lessor's previous use.

(i) A person issued a water use permit with a priority of appropriation after the date of filing of an application for a change in appropriation right authorization under this section may not object to the exercise of the changed water right according to its terms or to the reversion of a leased appropriation right to the lessor according to the lessor's previous use.

(j) The department of fish, wildlife, and parks shall pay all costs associated with installing devices or providing personnel to measure streamflows according to the measuring plan required under this section.

(4) (a) The department of fish, wildlife, and parks shall complete and submit to the department, commission, and water policy interim committee a biennial progress report in accordance with 5-11-210 . This report must include a summary of all appropriation rights changed to an instream flow purpose in the last 2 years.

(b) For each change in appropriation right to an instream flow purpose, the report must include a copy of the change authorization issued by the department and must address:

(i) the length of the stream reach and how it is determined;

(ii) critical streamflow or volume needed to protect, maintain, or enhance streamflow to benefit the fishery resource;

(iii) the amount of water available for instream flow as a result of the change in appropriation right;

(iv) contractual parameters, conditions, and other steps taken to ensure that each change in appropriation right does not harm other appropriators, particularly if the stream is one that experiences natural dewatering; and

(v) methods used to monitor use of water under each change in appropriation right.

(5) This section does not create the right for a person to bring suit to compel the renewal of a lease that has expired.

(6) (a) From May 8, 2007, through June 30, 2029, the department of fish, wildlife, and parks may change, pursuant to this section, the appropriation rights that it holds in fee simple to instream flow purposes on no more than 12 stream reaches.

(b) After June 30, 2029, the department of fish, wildlife, and parks may not change the appropriation rights that it holds in fee simple to instream flow purposes on any stream reaches.

(7) After June 30, 2029, the department of fish, wildlife, and parks may not enter into any new lease agreements pursuant to this section or renew any leases that will expire after that date.
Mont. Code Ann. § 85-7-1504 — MT Code / Title 85 / Chapter 7 / Part 15 / Section 85-7-1504
85-7-1504 Bonds for commissioner and secretary
Status: in_force

85-7-1504 . Bonds for commissioner and secretary. (1) When the obligations of the district, either existing or proposed, total $250,000 or more, the commissioners of an irrigation district shall each furnish a bond in the penal sum of $2,500, with corporate surety conditioned for the faithful performance of their duties under this chapter. The secretary shall furnish bond, with corporate surety, in the sum of $1,000, conditioned for the faithful performance of the secretary's duties pursuant to this chapter and for the proper safekeeping of the records and documents of the district. In all other cases, the bond for the commissioners is $1,000.

(2) If a district established under this chapter is appointed fiscal agent of the United States or is authorized by the United States to make collections of money for and on behalf of the United States in connection with any federal reclamation project, each commissioner shall execute a further and additional official bond in a sum that the secretary of the interior may require, conditioned for the faithful discharge of the duties of office and the faithful discharge by the district of its duties as fiscal or other agent of the United States under any appointment or authorization, and that bond may be sued upon by the United States or by any person injured by the failure of the commissioner or the district to fully, promptly, and completely perform respective duties.
Mont. Code Ann. § 85-8-307 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-307
85-8-307 Vacancies
Status: in_force

85-8-307 . Vacancies. If a vacancy occurs on the board of commissioners, the remaining members of the board shall elect some qualified elector to fill the vacancy, and the person elected holds office for the unexpired term and until a successor is elected and qualified. The person appointed must be appointed as a commissioner for the division in which the vacancy exists. If there is a vacancy or vacancies on the board of commissioners by reason of no appointment being made, due to the failure of the remaining members of the board to act or on account of no election being held, the judge of the court having jurisdiction over the drainage district shall, upon the receipt of a petition signed by 10% of the resident owners of land in the district, appoint to the vacancy or vacancies the person that the petition may designate.
Mont. Code Ann. § 85-1-806 — MT Code / Title 85 / Chapter 1 / Part 8 / Section 85-1-806
85-1-806 Withdrawal of lands from leasing
Status: in_force

85-1-806 . Withdrawal of lands from leasing. The department may withdraw project lands from leasing for a period of time as the department determines to be in the best interest of the state.
Mont. Code Ann. § 85-7-1604 — MT Code / Title 85 / Chapter 7 / Part 16 / Section 85-7-1604
85-7-1604 Validity of joint operations under earlier agreements
Status: in_force

85-7-1604 . Validity of joint operations under earlier agreements. Any contract previously entered into between any two or more irrigation districts or between any such irrigation districts and the United States bureau of reclamation which meets the requirements of this part and which creates a board of control meeting all the requirements of this part is hereby declared to be a valid contract and to create a valid board of control under this part.
Mont. Code Ann. § 85-2-421 — MT Code / Title 85 / Chapter 2 / Part 4 / Section 85-2-421
85-2-421 Purpose
Status: in_force

85-2-421 . Purpose. The purpose of 85-2-421 through 85-2-424 and 85-2-426 is to facilitate the maintenance of a reliable record of water right ownership.
Mont. Code Ann. § 85-8-120 — MT Code / Title 85 / Chapter 8 / Part 1 / Section 85-8-120
85-8-120 Fraudulent deeds
Status: in_force

85-8-120 . Fraudulent deeds. All deeds made for the purpose of establishing or defeating the prayer of said petition and not made in good faith and for a valuable consideration shall be taken and held to be a fraud, and the holders thereof shall not be considered as the owners of the lands described therein.
Mont. Code Ann. § 85-8-603 — MT Code / Title 85 / Chapter 8 / Part 6 / Section 85-8-603
85-8-603 Rules of law applicable to tax collection
Status: in_force

85-8-603 . Rules of law applicable to tax collection. The rules of law applying to the collection of taxes and sale of land for taxes shall, unless in conflict with this chapter, apply to the collection and sale of lands for drainage assessments. Delinquent sales of land for unpaid taxes and assessments shall be made in the same manner as for state and county taxes in the respective counties where such lands are situate, and the right of redemption shall in all cases be made the same as in cases where lands are sold for state or county taxes. Such drainage district shall be entitled to the benefit of all penalties and interest upon delinquent district assessments.
Mont. Code Ann. § 85-3-105 — MT Code / Title 85 / Chapter 3 / Part 1 / Section 85-3-105
85-3-105 Violation as misdemeanor and continuing violations
Status: in_force

85-3-105 . Violation as misdemeanor and continuing violations. A person violating any provision of this chapter is guilty of a misdemeanor, and a continuing violation is punishable as a separate offense for each day during which it occurs.
Mont. Code Ann. § 85-20-108 — MT Code / Title 85 / Chapter 20 / Part 1 / Section 85-20-108
85-20-108 Domestic and stock uses exempted
Status: in_force

85-20-108 . Domestic and stock uses exempted. Any appropriation of water from any interstate tributary of the Yellowstone River made for domestic or stock water uses will not come within the provisions of this part whenever the capacity of a reservoir for stock water does not exceed 20 acre-feet.
Mont. Code Ann. § 85-20-1504 — MT Code / Title 85 / Chapter 20 / Part 15 / Section 85-20-1504
85-20-1504 Blackfeet Tribe water rights compact mitigation account -- use
Status: in_force

85-20-1504 . Blackfeet Tribe water rights compact mitigation account -- use. (1) There is an account within the state special revenue fund called the Blackfeet Tribe water rights compact mitigation account. The department shall administer the account. All interest and other income earned on money in the account must be deposited in the account.

(2) The Blackfeet Tribe water rights compact mitigation account may be used only for:

(a) expenditures for grants to or matching funds for federal or other grants to water right holders under state law for water from Birch Creek, Badger Creek, Cut Bank Creek, the Two Medicine River, and the portion of the Milk River within the exterior boundaries of the Blackfeet Indian reservation for projects approved by the department to enhance water availability or otherwise mitigate the economic and hydrologic impacts on water right holders under state law caused by the development of the Blackfeet Tribe's water rights under a water rights compact pursuant to 85-2-702 quantifying the water rights of the Blackfeet Tribe; and

(b) implementation of the water rights compact among the Blackfeet Tribe, the state, and the United States and any associated agreements as may be specified in the compact or agreements.

(3) (a) At least $4.5 million of this account must be dedicated to mitigate impacts on water right holders under state law for use of water out of Birch Creek.

(b) The amount of $14 million in this account must be used to mitigate impacts of development of the tribal water right on water users as provided for in a February 13, 2009, amendment to an agreement between the Blackfeet Tribe of the Blackfeet Indian reservation and the state of Montana regarding Birch Creek water use entered into January 31, 2008.

(c) The amount of $10 million in this account must be held in escrow. The department shall negotiate the terms of an escrow agreement.

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

(5) Money in the Blackfeet Tribe water rights compact mitigation account is statutorily appropriated, as provided in 17-7-502 , to the department of natural resources and conservation.
Mont. Code Ann. § 85-3-101 — MT Code / Title 85 / Chapter 3 / Part 1 / Section 85-3-101
85-3-101 Definitions
Status: in_force

85-3-101 . Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:

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

(2) "Operation" means the performance of weather modification and control activities entered into for the purpose of producing or attempting to produce a certain modifying effect within one geographical area over one continuing time interval, not exceeding 1 year.

(3) "Research and development" means theoretical analysis, exploration, and experimentation and the extension of investigative findings and theories of a scientific and technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, devices, equipment, materials, and processes.

(4) "Weather modification and control" means changing or controlling or attempting to change or control, by artificial methods, the natural development of atmospheric cloud forms or precipitation forms that occur in the troposphere.
Mont. Code Ann. § 85-7-2050 — MT Code / Title 85 / Chapter 7 / Part 20 / Section 85-7-2050
85-7-2050 Collection of special taxes or assessments by county treasurer -- delinquencies
Status: in_force

85-7-2050 . Collection of special taxes or assessments by county treasurer -- delinquencies. (1) When a resolution approving special taxes or assessments for the repayment of bonds has been certified by the board secretary and delivered to the county clerk and recorder and the irrigation district has issued or will issue the bonds pursuant to 85-7-2014 and 85-7-2015 , the county treasurer in the county in which the lot, tract, or parcel is located shall collect the special taxes or assessments in the same manner and at the same time as taxes for general state, county, and municipal purposes are collected.

(2) A board may declare an unpaid installment of special taxes or assessments as delinquent on the adoption of an appropriate resolution. The special taxes or assessments constitute a first and prior lien on the land against which it is levied as taxes levied for state, county, and municipal purposes. The lien may be extinguished only by the payment of the special taxes or assessments, with all penalties, costs, and interest, as provided in 85-7-2021 and Title 85, chapter 7, part 20.

(3) The lien of special taxes or assessments to repay the bonds must remain on the land for a period of 8 years after the date of the final maturity of the bonds. On the delinquency of one or all installments, the whole property must be sold as other property is sold for taxes. The enforcement of the lien does not prevent the enforcement of the lien of any subsequent installment when it becomes delinquent.
Mont. Code Ann. § 85-7-1003 — MT Code / Title 85 / Chapter 7 / Part 10 / Section 85-7-1003
85-7-1003 Contents of petition
Status: in_force

85-7-1003 . Contents of petition. The petition of 85-7-1002 shall set forth the amount of the outstanding bonds, coupons, and other indebtedness, if any, together with the general description of them, showing the amount of each described indebtedness and the ownership, so far as known, of the indebtedness. The petition shall also state the assets of the district, including any irrigation systems, dams, reservoirs, canals, franchises, water rights, and other property; and in case any proposition has been made by the holders of the indebtedness to settle the indebtedness, this proposition, together with any plan proposed to carry the proposition into execution, shall be included in the petition.
Mont. Code Ann. § 85-8-342 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-342
85-8-342 Apportionment of costs
Status: in_force

85-8-342 . Apportionment of costs. (1) In apportioning the costs and expenses mentioned in 85-8-341 (1)(d), the following classes of property, persons, corporations, and municipalities shall be assessed:

(a) all lands which are swampy, bogged, or waterlogged and will be relieved and improved by virtue of the construction of the proposed drainage system;

(b) all lands which are becoming or are liable to become swampy, bogged, or waterlogged and which the construction of the proposed drainage system will prevent from being thus affected;

(c) all lands from which surface or seepage waters will enter or can be conducted into the proposed drainage system;

(d) all lands and improvements thereto upon which or through which surface or seepage water will be prevented from flowing or can be prevented from flowing by virtue of the construction of the proposed drainage system;

(e) all lands or improvements which will sustain any direct benefit of any kind or character whatsoever;

(f) all railways, whether operated by steam, electricity, or otherwise, whose right-of-way or roadbed will be benefited or can be benefited by reason of the construction of the proposed drainage system or levee project;

(g) all public utilities whose easements or other facilities within the district will receive benefit from the proposed work;

(h) all owners of irrigation ditches or canals included within said district or from which water seeps, drains, or wastes to, upon, or through lands included within the district;

(i) the county or counties which the proposed drainage system traverses or which will be benefited as to public health, convenience, welfare, or improvement of any public highway;

(j) all incorporated cities or towns and lands included within townsites and subdivisions, in whole or in part, directly benefited by reason of the construction of the proposed drainage system.

(2) In apportioning the costs and expenses mentioned in 85-8-341 (1)(d), the following principles shall be regarded:

(a) All of the above classes of lands, improvements, railways, public utilities, irrigation ditches, counties, cities, towns, townsites, and subdivisions shall be liable to assessment for the construction of the proposed drainage system in such proportions as may seem just and equitable.

(b) The benefits to accrue from the construction of the proposed drainage system to a railway, county, incorporated city or town, and lands included within a platted townsite or subdivision being of a different character than those to accrue to agricultural lands shall be considered in apportioning the assessment, and also the damages and inconvenience caused by seepage and waste waters from irrigation ditches and from the higher lands shall be considered in apportioning the assessment to them.

(c) In the case of the construction of levees or other flood control facilities, lands and improvements which are located or constructed at an elevation which is greater than the elevation of the design flood level which said levees or other flood control facilities are designed to protect against shall not be assessed for the payment of any part of the cost of constructing the levees or other flood control facilities, nor shall such lands or improvements be assessed for the payment of any part of the cost for repairs thereto, maintenance thereof, or the incidental expenses attached to the establishment of such drainage district.

(d) The assessment against each tract, lot, easement, town, city, county, irrigation ditch, railroad, public utility, individual, or corporation owner thereof which will be benefited by the proposed work or which, in any manner, contributes to the swamped, seeped, bogged, or waterlogged condition of any land within said district and the proportionate share of cost of construction of the proposed drainage system which each of them should bear shall be shown in tabular form, the columns of which shall be headed as follows: Column 1--Owners of property assessed; 2--Description of property assessed; 3--Number of acres assessed; 4--Amount of benefits assessed; 5--Number of acres taken for right-of-way; 6--Value of property taken; 7--Damages; 8--Assessment for costs; which shall be known as the assessment roll. Where property, persons, or corporations, public or private, contribute to the damaged condition of the lands to be reclaimed, it shall not be necessary to assess in such assessment roll the benefits to be derived by or accruing to them.
Mont. Code Ann. § 85-3-203 — MT Code / Title 85 / Chapter 3 / Part 2 / Section 85-3-203
85-3-203 Licenses -- qualifications of licensees
Status: in_force

85-3-203 . Licenses -- qualifications of licensees. The license to engage in activities for weather modification and control must be issued, in accordance with procedures and subject to conditions the department may by rule establish to effectuate the provisions of this chapter, to applicants who demonstrate competence in the field of meteorology to the satisfaction of the department. If the applicant is an organization, these requirements must be met by the individual who will be in charge of the operation for the applicant.
Mont. Code Ann. § 85-7-1401 — MT Code / Title 85 / Chapter 7 / Part 14 / Section 85-7-1401
85-7-1401 Short title
Status: in_force

85-7-1401 . Short title. This part may be cited as the "Irrigation District Revenue Bond Act".
Mont. Code Ann. § 85-9-503 — MT Code / Title 85 / Chapter 9 / Part 5 / Section 85-9-503
85-9-503 Preannexation bonds
Status: in_force

85-9-503 . Preannexation bonds. Real property annexed to a district shall not incur any liens by reason of bonds issued before annexation unless agreed to by the owners of the annexed property, in writing, prior to annexation.
Mont. Code Ann. § 85-5-206 — MT Code / Title 85 / Chapter 5 / Part 2 / Section 85-5-206
85-5-206 Effect of order fixing fees
Status: in_force

85-5-206 . Effect of order fixing fees. After the order of the court fixing the fees and compensation and expenses of the water commissioner is final, the order has the force and effect of a judgment against the person to whom the water was or will be distributed and for whose benefit it was used or will be used. When the expenses of a commissioner or commissioners has been assessed against the land for which the service of the commissioner or commissioners has been rendered, the assessment is a lien against the land. The lien has the same effect as a judgment. The lien may be executed in the same manner as a judgment upon order of the court. The water commissioner, at the water commissioner's discretion, may withhold further determinations of quantity or distribution of water to any person entitled to the water until the person has paid all fees, compensation, and expenses of the water commissioner or commissioners fixed by the court and apportioned and charged to the person, including bills sent prior to the beginning of a distribution season. The commissioner may withhold the determination of quantity and distribution of water from any land against which there exists any lien that is the result of lack of payment pursuant to this section until the lien has been fully discharged.
Mont. Code Ann. § 85-1-901 — MT Code / Title 85 / Chapter 1 / Part 9 / Section 85-1-901
85-1-901 Short title
Status: in_force

85-1-901 . (Temporary) Short title. This part may be cited as the "Western Montana Conservation Commission Act". (Terminates June 30, 2029--sec. 12, Ch. 428, L. 2023.)
Mont. Code Ann. § 85-1-507 — MT Code / Title 85 / Chapter 1 / Part 5 / Section 85-1-507
85-1-507 Duration of lease
Status: in_force

85-1-507 . Duration of lease. The term of the lease may not exceed the term of the license, permit, or exemption held by the department under 85-1-506 and may in no event exceed 55 years.
Mont. Code Ann. § 85-1-903 — MT Code / Title 85 / Chapter 1 / Part 9 / Section 85-1-903
85-1-903 Definitions
Status: in_force

85-1-903 . (Temporary) Definitions. As used in this part, the following definitions apply:

(1) "Aquatic resources" means all beneficial uses of water, including but not limited to water quality and water supply; recreational, scenic, and aesthetic values; and fish, wildlife, and other organisms, including the prevention and management of aquatic invasive species.

(2) "Commission" means the western Montana conservation commission established in 2-15-3311 .

(3) "Department" means the department of natural resources and conservation.

(4) "Western Montana" means all land and water areas west of the continental divide and within the Montana portion of the headwaters of the Columbia River basin. (Terminates June 30, 2029--sec. 12, Ch. 428, L. 2023.)
Mont. Code Ann. § 85-5-402 — MT Code / Title 85 / Chapter 5 / Part 4 / Section 85-5-402
85-5-402 Appointment of commissioner prior to final decree
Status: in_force

85-5-402 . Appointment of commissioner prior to final decree. After the filing of the complaint in an action under 85-5-401 , the court may, upon 5 days' notice to the other parties to the action, appoint a commissioner to divide and distribute the waters of the ditch to the respective parties, according to their respective rights, during the pendency of the action. The court may, upon good cause shown, appoint a commissioner without notice, and when a commissioner is appointed without notice, any party to the action may, on 5 days' notice to the plaintiff, move the court or judge to vacate the appointment or to modify the order as to the distribution of the waters of the ditch. The court or judge, on hearing, may affirm, vacate, or modify the order previously made. Each water commissioner appointed shall subscribe to an oath of office before commencing the discharge of duties.
Mont. Code Ann. § 85-7-1436 — MT Code / Title 85 / Chapter 7 / Part 14 / Section 85-7-1436
85-7-1436 Sale of bonds
Status: in_force

85-7-1436 . Sale of bonds. (1) Bonds authorized to be issued may be sold at a price not less than 97% of face value if the issuer determines that the sale is in the best interests of the irrigation district.

(2) The bonds may be sold at public or private sale as determined by the irrigation district pursuant to 17-5-107 .
Mont. Code Ann. § 85-8-305 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-305
85-8-305 Qualifications of electors
Status: in_force

85-8-305 . Qualifications of electors. (1) At all such elections, except as herein otherwise expressly provided, the following persons holding title or evidence of title to lands within the district shall be entitled to vote:

(a) all of the persons having the qualifications of electors under the constitution and general laws of the state;

(b) guardians, administrators, executors, and trustees residing in the state;

(c) domestic corporations by their duly authorized agents.

(2) In all elections each elector shall be permitted to cast one vote for each 40 acres of land or major fraction thereof in the district owned by such elector, but any elector owning 20 acres or less shall be entitled to one vote.
Mont. Code Ann. § 85-8-623 — MT Code / Title 85 / Chapter 8 / Part 6 / Section 85-8-623
85-8-623 Assessments not to be obstructed by preliminary defects
Status: in_force

85-8-623 . Assessments not to be obstructed by preliminary defects. The collection of any assessments made by the commissioners for construction and confirmed by the court shall not be restrained or obstructed by reason of any omission, imperfection, or defect in the organization of any district or in any proceedings occurring prior to the order confirming the assessments of benefits, but such order shall be conclusive as to the regularity of all proceedings relating to the assessments of benefits unless appealed from within 30 days after the entry of such order.
Mont. Code Ann. § 85-2-527 — MT Code / Title 85 / Chapter 2 / Part 5 / Section 85-2-527
85-2-527 Terminated
Status: in_force

85-2-527 . Terminated. Sec. 7, Ch. 465, L. 2019.
Mont. Code Ann. § 85-9-405 — MT Code / Title 85 / Chapter 9 / Part 4 / Section 85-9-405
85-9-405 Directors' powers over property
Status: in_force

85-9-405 . Directors' powers over property. On behalf of the district, the directors may:

(1) enter private property for the purposes of making surveys, provided that just compensation for actual damages is made;

(2) appropriate water and initiate or participate in the adjudication of streams;

(3) acquire, undertake, construct, develop, improve, maintain, and operate works and all incidental facilities;

(4) acquire by purchase, exchange, gift, lease, grant, devise, or otherwise lands, water, water rights, or rights-of-way as necessary for the execution of any authorized function of the district. Title to all property (including water rights) shall be in the name of the district.

(5) hold and dispose of property as necessary or convenient in the performance of the functions of the district;

(6) allocate or reallocate unused waters of the district.
Mont. Code Ann. § 85-7-1810 — MT Code / Title 85 / Chapter 7 / Part 18 / Section 85-7-1810
85-7-1810 Hearing and order on petition for addition of lands
Status: in_force

85-7-1810 . Hearing and order on petition for addition of lands. At such public hearing, the district court shall hear those who may desire changes made in the proposed extension, all those whose lands are included or sought to be included in the district, and all other persons whose rights may be affected by the proposed extension. Such public hearing may be adjourned from day to day, not exceeding 20 days in all, and the court shall make an order either granting or denying said petition. If said petition is granted, said order shall describe the lands included in said extension and the terms on which said land shall be included, and a copy of said order shall be filed with the county clerk and recorder in the county wherein said lands are situated. The order of the district court shall be final and conclusive, the same as the order originally creating the district, unless appealed from to the supreme court within 10 days from the entry of the order. The extension of such boundaries shall not deprive the lands already in said district of an adequate supply of water for irrigation purposes.
Mont. Code Ann. § 85-1-801 — MT Code / Title 85 / Chapter 1 / Part 8 / Section 85-1-801
85-1-801 Statement of policy
Status: in_force

85-1-801 . Statement of policy. It is the policy of the state that in the interest of accomplishing a self-supporting program from the leasing of project lands, the project lands must be appraised by the department at least once during the term of each lease. The purpose of the appraisals is to determine the lease value of project lands and the general condition of the lands.
Mont. Code Ann. § 85-7-1414 — MT Code / Title 85 / Chapter 7 / Part 14 / Section 85-7-1414
85-7-1414 Determination of cost
Status: in_force

85-7-1414 . Determination of cost. An issuer, in determining costs for purposes of 85-7-1413 , may include:

(1) all costs and estimated costs of the issuance of the bonds;

(2) all engineering, inspection, fiscal, and legal expenses; and

(3) interest that it estimates will accrue during the construction period and for 6 months thereafter on money borrowed or that it estimates will be borrowed.
Mont. Code Ann. § 85-2-282 — MT Code / Title 85 / Chapter 2 / Part 2 / Section 85-2-282
85-2-282 Examination of claims in verified basins
Status: in_force

85-2-282 . (Temporary) Examination of claims in verified basins. (1) At any time prior to the issuance of a final decree, in basins that were evaluated using the verification process rather than the examination process, the owners of water rights in the basin or a specified area in the basin may petition the water court to examine claims in the basin or an area in the basin pursuant to the supreme court rules.

(2) The owners of at least 15% of the number of water rights affected by the proposed reexamination shall sign the petition.

(3) At a minimum, the petition must provide:

(a) the specific water right purpose or water right purposes to be examined; and

(b) the elements to be examined.

(4) (a) The water judge shall evaluate each petition and determine if reexamination is necessary to provide greater accuracy to the adjudication.

(b) The water judge may request public comment on the petition.

(5) If the water judge determines reexamination should be conducted, the water judge shall issue an order that provides:

(a) what water right purpose or water right purposes must be examined by the department;

(b) the elements to be examined;

(c) final disposition of the reexamination information developed by the department; and

(d) the timeframe in which the reexamination must be completed.

(6) The water court may issue an order requiring reexamination on its own initiative. The order must provide the information contained in subsection (5).

(7) Upon receipt of the reexamination information from the department, the water court shall notify the users in the basin or the specified area in the basin identified in the petition of the final results of the reexamination and shall notify them regarding further steps or actions being taken as a result of the reexamination.

(8) Any actions taken as a result of the reexamination must be conducted in accordance with this part. (Terminates June 30, 2028--sec. 10, Ch. 269, L. 2015.)
Mont. Code Ann. § 85-9-401 — MT Code / Title 85 / Chapter 9 / Part 4 / Section 85-9-401
85-9-401 District directors -- appointment, term of office, vacancies, first meeting, and bond
Status: in_force

85-9-401 . District directors -- appointment, term of office, vacancies, first meeting, and bond. If a district is organized, the court shall:

(1) establish by court order the number of persons who shall comprise the directors and appoint persons who are electors within the district to membership on the board of directors and fix their compensation. The number may not be less than 3 or more than 11 persons. In fixing the number and making the appointments, the court shall consider the interests and purposes to be served by the district. Upon a verified petition filed by a majority of the directors and for good cause shown, the court may enlarge or reduce the membership of the directors but not to be less than 3 or more than 11.

(2) fix the terms of office so that approximately one-third of the directors first appointed serve for 1 year, approximately one-third serve 2 years, and the remainder serve 3 years. All succeeding terms must be 3 years. Unless excused for good cause, a director who misses three consecutive regular meetings has vacated the position.

(3) fill all vacancies on the board by appointment or reappointment;

(4) specify a date for the first annual meeting of the directors;

(5) specify the amount and form of a corporate surety bond that each member of the directors shall furnish at the expense of the district, conditioned upon the faithful performance of duties as a director.
Mont. Code Ann. § 85-2-906 — MT Code / Title 85 / Chapter 2 / Part 9 / Section 85-2-906
85-2-906 Ground water characterization program -- ground water monitoring program
Status: in_force

85-2-906 . Ground water characterization program -- ground water monitoring program. (1) There is a ground water characterization program and a ground water monitoring program.

(2) Subject to the direction of the ground water assessment steering committee, the Montana bureau of mines and geology shall establish and administer the ground water characterization program and the ground water monitoring program.

(3) The Montana bureau of mines and geology shall work with units of local government, ground water users, and other affected organizations and individuals in areas of the state that are included in a ground water characterization study and, if warranted by the level of local interest in a ground water characterization study, shall establish a local ground water assessment advisory committee.

(4) The ground water assessment steering committee created by 2-15-1523 shall:

(a) oversee expenditures from the ground water assessment account and organization plans and work plans proposed by the Montana bureau of mines and geology to implement the ground water characterization and ground water monitoring programs, including plans for local involvement and participation in ground water characterization studies;

(b) approve ground water monitoring sites;

(c) prioritize and select ground water characterization study areas;

(d) develop plans for ground water information management and dissemination;

(e) develop plans for integrating existing ground water information with information collected under the programs created by subsection (1);

(f) coordinate ground water information collection projects sponsored by individual units of state, federal, or local government with the programs created by subsection (1); and

(g) evaluate reports and other information produced by the Montana bureau of mines and geology from ground water characterization studies.

(5) The ground water assessment steering committee shall invite representatives of local governments and Indian tribes with jurisdiction over areas of the state that are included in an active ground water characterization study or in a study scheduled to begin in the ensuing biennium, as well as affected citizens in these areas, to participate in steering committee meetings.
Mont. Code Ann. § 85-8-424 — MT Code / Title 85 / Chapter 8 / Part 4 / Section 85-8-424
85-8-424 Confirmation of commissioners' report of assessments
Status: in_force

85-8-424 . Confirmation of commissioners' report of assessments. The commissioners shall file their report and assessments in court. The court shall, by order, require said owners to show cause at a time and place therein fixed, not less than 20 days after the service of said order, why said report and assessments should not be confirmed. On the hearing of said order to show cause, if a jury trial is demanded, the court shall frame issues on benefits and damages and impanel a jury or adjourn the hearing thereon until some term of court when a jury is in attendance and take the verdict of a jury on such issues. All other issues arising on said report shall be tried by the court. The court shall order all necessary amendments of said report and make written findings of fact and, when said report is amended, shall by order confirm the same.
Mont. Code Ann. § 85-7-1845 — MT Code / Title 85 / Chapter 7 / Part 18 / Section 85-7-1845
85-7-1845 Appeal to supreme court
Status: in_force

85-7-1845 . Appeal to supreme court. From any such judgment or decree an appeal may be taken to the supreme court by any party thereto at any time within 10 days of the entry of said judgment or decree. Such appeal shall be taken, perfected, and heard in the manner prescribed by Title 25 governing appeals from the district court to the supreme court. If no such appeal be taken within the time aforesaid or, if taken, the judgment or decree of the district court shall be affirmed by the supreme court, such judgment or decree shall be forever conclusive upon the parties thereto. In case contract has been made between the district and the United States, as provided in 85-7-1906 , no change shall be made in the boundaries of the district, and the district court shall make no order changing the boundaries of the district until the secretary of the interior shall assent thereto in writing and such assent be filed with the district court.
Mont. Code Ann. § 85-20-903 — MT Code / Title 85 / Chapter 20 / Part 9 / Section 85-20-903
85-20-903 Definitions
Status: reserved

85-20-903 . Definitions. As used in 85-20-902 through 85-20-905 , the following definitions apply:

(1) "Commission" means the reserved water rights compact commission.

(2) "Compact" means the Crow-Montana water rights compact as approved by the legislature in 85-20-901 .

(3) "Department" means the department of natural resources and conservation.
Mont. Code Ann. § 85-7-1844 — MT Code / Title 85 / Chapter 7 / Part 18 / Section 85-7-1844
85-7-1844 Decree fixing amount of irrigable acreage
Status: in_force

85-7-1844 . Decree fixing amount of irrigable acreage. Upon the hearing of said petition, the court shall, by its decree, fix and determine the irrigable acreage contained in the lots, tracts, or parcels of land complained of. The acreage so fixed by such decree shall be the acreage upon which all assessments of said lands in said irrigation district shall thereafter be based. Upon said hearing the court shall determine the amount of taxes, if any, which have theretofore been levied and assessed upon any excess or nonexistent acreage and shall enter judgment in favor of the owner or holder thereof and against said district for the excess of taxes theretofore collected by said district or shall cancel such excess if the same shall not have been collected for the benefit of said district. However, no judgment for the recovery of excess taxes paid shall be entered against any district until there shall have been deducted therefrom any unpaid valid taxes and assessments levied and assessed for the benefit of said district against the lands described in said petition, and all sums so recovered shall bear interest at the rate of 8% per annum from the date of payment by the landholder. Said judgment shall bear legal interest from the date of entry, and the judgment so rendered may be paid by warrants or funds of said future taxation upon said lands. Costs shall be allowed to the plaintiff in the same manner as other civil actions.
Mont. Code Ann. § 85-7-1909 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1909
85-7-1909 Rights-of-way for irrigation works
Status: in_force

85-7-1909 . Rights-of-way for irrigation works. (1) The board of commissioners shall have the power to construct irrigation works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch, or flume which the route of said canal or canals may intersect or cross in such manner as to afford security to life and property. Said board shall restore the same, when so crossed or intersected, to its former state, as near as may be, so as not to destroy its usefulness. Every company whose railroad shall be intersected or crossed by said works shall unite with said board in forming said intersection and crossing, and if such railroad company or the owners and controllers of said property, thing, or franchise so to be crossed and said board cannot agree upon the amount to be paid therefor or the points or the manner of said crossing or intersections, the same shall be ascertained and determined in all respects as herein provided in respect to taking of land for public use.

(2) Nothing contained herein shall require the payment to the state or any subdivision thereof of any sum for the right to cross any public highway with any such works. The right-of-way is hereby given, dedicated, and set apart to locate, construct, and maintain said works over and through any of the lands which are now or hereafter may be the property of this state.
Mont. Code Ann. § 85-5-203 — MT Code / Title 85 / Chapter 5 / Part 2 / Section 85-5-203
85-5-203 Telephone expenses
Status: in_force

85-5-203 . Telephone expenses. The judge may also allow as a charge reasonable expenses incurred by a water commissioner in telephoning to the judge for instructions in cases of emergency. When there are two or more commissioners acting under the judge's order, reasonable expenses incurred in communicating with each by telephone or with the judge of the district court, in order to carry on the distribution of the waters harmoniously and in accordance with the decree, shall be deemed a necessary expense. These expenses shall be reported by the water commissioner or commissioners at the close of the season and shall be taxed against all the water users affected by the decree or decrees ratably in proportion to the whole amount of water distributed to them during the season.
Mont. Code Ann. § 85-1-810 — MT Code / Title 85 / Chapter 1 / Part 8 / Section 85-1-810
85-1-810 No pledge or mortgage of leasehold interest
Status: in_force

85-1-810 . No pledge or mortgage of leasehold interest. A lessee of project lands may not pledge the lease or mortgage a leasehold interest in the project lands.
Mont. Code Ann. § 85-7-208 — MT Code / Title 85 / Chapter 7 / Part 2 / Section 85-7-208
85-7-208 Dissolution of district
Status: in_force

85-7-208 . Dissolution of district. A district created under this part may be dissolved by court order upon proper hearing and in the same manner as this part provides for its creation.
Mont. Code Ann. § 85-20-905 — MT Code / Title 85 / Chapter 20 / Part 9 / Section 85-20-905
85-20-905 Settlement of litigation -- disposition of production taxes collected on coal owned in trust for Crow Tribe
Status: in_force

85-20-905 . Settlement of litigation -- disposition of production taxes collected on coal owned in trust for Crow Tribe. (1) The governor and attorney general may enter into an agreement with the Crow Tribe and the United States for the settlement of the civil action captioned Crow Tribe of Indians v. State of Montana et al., Cause No. CV-78-110-BLG-JDS (D. Mont.), or any appeal pending in that action.

(2) The agreement may:

(a) include a release of all claims asserted by the Crow Tribe and the United States in the action, including but not limited to claims for costs and attorney fees;

(b) provide payments as authorized in the compact and 85-20-902 through 85-20-905 ; and

(c) include an agreement by which the proceeds of any production taxes levied under Montana law on the severance or production of coal owned by the United States in trust for the Crow Tribe are to be paid to the Crow Tribe.
Mont. Code Ann. § 85-1-702 — MT Code / Title 85 / Chapter 1 / Part 7 / Section 85-1-702
85-1-702 Purpose
Status: in_force

85-1-702 . Purpose. The purpose of this part is to define the role of water storage in solving water management problems and, if water storage projects provide the best solutions to those problems, to facilitate the development of the projects.
Mont. Code Ann. § 85-7-1809 — MT Code / Title 85 / Chapter 7 / Part 18 / Section 85-7-1809
85-7-1809 Notice of hearing for addition of lands
Status: in_force

85-7-1809 . Notice of hearing for addition of lands. When such petition is presented, the district court or judge thereof shall appoint a day for a public hearing. Notice of the hearing shall be given by the clerk of the court by publication at least once a week for at least 2 weeks in a newspaper published or of general circulation in the county in which the office of the district is situated. If any of said lands sought to be included in the district lie in a county or counties other than that in which the office of the district is situated, such notice shall also be likewise published in some newspaper published or of general circulation in each such other county or counties. If there be no such newspaper, then such notice shall be posted in at least three public places in the territory sought to be included.
Mont. Code Ann. § 85-8-602 — MT Code / Title 85 / Chapter 8 / Part 6 / Section 85-8-602
85-8-602 Tax collection if lands in several counties
Status: in_force

85-8-602 . Tax collection if lands in several counties. Where lands of any district lie in more than one county, the district taxes or assessments collected in all other counties shall be remitted to the county treasurer of the county wherein the court having jurisdiction of said district is located, on or before January 1 of each year.
Mont. Code Ann. § 85-1-323 — MT Code / Title 85 / Chapter 1 / Part 3 / Section 85-1-323
85-1-323 Debt service funds
Status: in_force

85-1-323 . Debt service funds. (1) The department shall provide, in the proceedings authorizing the issuance of each series of bonds or in the trust indenture securing the bonds, for the paying into the appropriate debt service fund at stated intervals all money then remaining in the water fund after paying all costs of operation, maintenance, and repairs of the works. All money in each debt service fund must be pledged for the payment of and used only for the purpose of paying:

(a) the interest upon the bonds as interest is due;

(b) the necessary fiscal agency charges for paying bonds and interest;

(c) the principal of the bonds as due; and

(d) any premiums upon bonds retired by call or purchase as provided in this chapter.

(2) (a) Prior to the issuance of the bonds of each series:

(i) the department may provide by resolution or by trust indenture for using the debt service fund or any part of the fund in the purchase of any of the outstanding bonds payable from the fund at the market price of the bonds but not exceeding the price, if any, at which the bonds, at the next interest date, are payable or redeemable;

(ii) all bonds redeemed or purchased must be canceled, and bonds may not be issued in place of the canceled bonds.

(b) The money in each debt service fund, less the reserve that may be provided for in the resolution authorizing the bonds or in the trust indenture for the payment of interest and principal, if not used within a reasonable time for the purchase of bonds for cancellation as provided in this section, must be applied to the redemption of bonds then subject to redemption at the redemption price then applicable.
Mont. Code Ann. § 85-7-2015 — MT Code / Title 85 / Chapter 7 / Part 20 / Section 85-7-2015
85-7-2015 Effect of contracting with United States
Status: in_force

85-7-2015 . Effect of contracting with United States. If contract is to be made with the United States as provided in 85-7-1906 and bonds are not to be deposited with the United States in connection with the contract, the board of commissioners need not authorize the issuance of bonds, or if bonds are required in addition to the contract, the commissioners may authorize bonds only for the amount needed in addition to the contract.
Mont. Code Ann. § 85-9-302 — MT Code / Title 85 / Chapter 9 / Part 3 / Section 85-9-302
85-9-302 Dissolution election
Status: in_force

85-9-302 . Dissolution election. (1) After receipt of petition or resolution for dissolution, the court shall order an election to be conducted in accordance with Title 13, chapter 1, part 5.

(2) For dissolution to be approved, a majority of the electors voting must favor dissolution.
Mont. Code Ann. § 85-2-141 — MT Code / Title 85 / Chapter 2 / Part 1 / Section 85-2-141
85-2-141 Water leasing program
Status: in_force

85-2-141 . Water leasing program. (1) There is a water leasing program administered by the department on behalf of the state of Montana.

(2) The department may acquire rights to water needed for leasing under this program:

(a) through appropriation of water in its own name;

(b) by agreement with or purchase from another holder of water rights; or

(c) by contract with the United States for water held in federal reservoirs as a means of protecting the state's interest in those waters.

(3) Water for leasing under the water leasing program must be obtained from the following sources:

(a) any existing or future reservoir in a basin concerning which a temporary preliminary decree, a preliminary decree under 85-2-231 , or a final decree under 85-2-234 has been entered;

(b) Fort Peck, Tiber, Canyon Ferry, Hungry Horse, Koocanusa, or Yellowtail reservoir if a contract between the department and the federal government concerning the acquisition of water is in effect; and

(c) any other existing or future federal reservoir:

(i) located in a basin concerning which a temporary preliminary decree, a preliminary decree under 85-2-231 , or a final decree under 85-2-234 has been entered; and

(ii) for which and for so long as there is a contract between the department and the federal government concerning the acquisition of water.

(4) (a) Subject to subsections (4)(b) and (4)(c), the department may lease up to 1 million acre-feet of water from the reservoirs identified in subsection (3)(b) to water users for beneficial uses in Montana.

(b) The department may lease up to 50,000 acre-feet of water from the reservoirs identified in subsection (3)(b) to water users for beneficial uses outside Montana.

(c) The total amount of water leased under this subsection (4) may not exceed 1 million acre-feet.

(5) The term of any lease may not exceed 50 years. A term may be extended up to another 50 years if the department again determines the desirability of leasing by applying the considerations in subsection (7). In making a redetermination, the department may require the completion of an environmental impact statement in accordance with subsection (6).

(6) The department shall require the completion of an environmental impact statement under the provisions of Title 75, chapter 1, for lease applications that would result in the consumption of 4,000 acre-feet a year or more and 5.5 cubic feet per second or more of water and for any other application for which an environmental impact statement is required by law. The department shall require the completion of an environmental impact statement whenever the cumulative effect of more than one application for a lease would constitute a probable significant environmental impact.

(7) Upon application by a person to lease water, the department shall make an initial determination of whether it is desirable for the department to lease water to the applicant. The determination of desirability must be made solely on the following considerations:

(a) the content of the environmental impact statement, if required;

(b) whether there is sufficient water available under the water leasing program; and

(c) whether the criteria, except as to legislative approval, set forth in 85-2-311 have been satisfied.

(8) The department shall for any lease agreement require commercially reasonable terms and conditions, which may include the requirement that up to 25% of the water to be leased be made available to a potential user for any beneficial use upon payment by the user of the costs of tapping into and removing water from the applicant's project. The department may differentiate in pricing, depending on the proposed beneficial use of the water.

(9) The lease of water or the use of water under a lease does not constitute a permit, as provided in 85-2-102 , and does not establish a right to appropriate water within the meaning of Title 85, chapter 2, part 3.

(10) For purposes of the water leasing program established in this section, it is the intent of the legislature that the state act as a proprietor.
Mont. Code Ann. § 85-7-1805 — MT Code / Title 85 / Chapter 7 / Part 18 / Section 85-7-1805
85-7-1805 Notice requirements
Status: in_force

85-7-1805 . Notice requirements. (1) Upon the filing of a petition, the district court shall fix the time and place of hearing on the petition and direct that notice of the petition be given.

(2) The petitioner shall cause to be published at least once a week for 2 successive weeks in a newspaper published in the county where the petition is filed a notice stating the time and place of the hearing on the petition that includes a brief statement of the matters set forth in the petition. If any portion of the lands sought to be excluded from the district lie within any other county or counties, then the notice shall be published as provided above in a newspaper published in each county or counties. The first publication of the notice must occur not less than 30 days before the hearing.

(3) If any holder of title or evidence of title to lands sought to be excluded from the district is a nonresident of the county or counties in which the district lies, the petitioner shall within 3 days of the first publication of the notice mail a copy of the notice to each nonresident whose address is stated in the petition. The affidavit of publication as to the facts of the publishing and mailing of the notice affixed to a copy of the notice is sufficient evidence of the facts.
Mont. Code Ann. § 85-1-322 — MT Code / Title 85 / Chapter 1 / Part 3 / Section 85-1-322
85-1-322 Construction capital projects funds
Status: in_force

85-1-322 . Construction capital projects funds. The proceeds of the bonds of each series issued under 85-1-301 and 85-1-303 shall be placed to the credit of the appropriate construction capital projects fund, which fund shall at all times be kept segregated and set apart from all other funds. There shall also be credited to the appropriate construction capital projects fund all accrued interest upon the bonds and the interest received upon the deposits of moneys in the fund and moneys received by way of grant from the United States or from any other source for the construction of the works. The moneys in each construction capital projects fund shall be paid out or disbursed in such manner as may be determined by the department, subject to this chapter, to pay the cost of the works. Any surplus which may remain in any construction capital projects fund after providing for the payment of the cost of the works shall be added to and become a part of the appropriate debt service fund hereinafter provided for.
Mont. Code Ann. § 85-9-404 — MT Code / Title 85 / Chapter 9 / Part 4 / Section 85-9-404
85-9-404 Directors' powers to adopt rules
Status: in_force

85-9-404 . Directors' powers to adopt rules. On behalf of the district, the directors may adopt rules to promote and encourage water recreation, including requirements concerning public access areas and facilities, and rules respecting the use of reservoirs and waters, picnic sites, and other recreational areas operated by the district. Rules adopted shall be filed with the secretary of directors and shall be available to any interested party upon reasonable request.
Mont. Code Ann. § 85-25-101 — MT Code / Title 85 / Chapter 25 / Part 1 / Section 85-25-101
85-25-101 Definitions
Status: in_force

85-25-101 . (Effective on occurrence of contingency) Definitions. As used in this chapter, the following definitions apply:

(1) "Columbia River treaty" or "treaty" means the Columbia River treaty between Canada and the United States relating to cooperative development of the water resources of the Columbia River basin.

(2) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.
Mont. Code Ann. § 85-2-215 — MT Code / Title 85 / Chapter 2 / Part 2 / Section 85-2-215
85-2-215 Consolidation of matters
Status: in_force

85-2-215 . Consolidation of matters. The water judge may consolidate all matters concerning the determination and interpretation of existing water rights within the water judge's division in any combination or groups of claims or matters for joint hearings or proceedings conducted by the water judge or water master in any location within the division. The water judge may make such consolidations as are necessary to administer the requirements of this part and part 7 in adjudicating claims of existing water rights.
Mont. Code Ann. § 85-1-610 — MT Code / Title 85 / Chapter 1 / Part 6 / Section 85-1-610
85-1-610 Evaluation of grants and loans to private persons
Status: reserved

85-1-610 . Evaluation of grants and loans to private persons. The department shall consider the following criteria and preferences in evaluating applications and selecting the recipients of grants and loans for water-related projects that are eligible for funding under 85-1-609 :

(1) The extent and desirability of the public benefits that will be provided must be considered.

(2) A water-related project that will be used as part of a family farm must be given preference. A family farm is one devoted primarily to agriculture under the ownership and operation of a resident Montana family.

(3) A water-related project that will utilize or develop water reserved under 85-2-316 must be given preference.

(4) The department, to the extent practicable, shall attempt to achieve geographic balance in the promotion of renewable resource grant and loan projects through the awarding of loans and grants to private persons.

(5) The extent to which the project will effectively utilize water resources and promote the conservation and efficient use of the water resource must be evaluated and considered.

(6) Projects that could not be accomplished without the assistance of a loan or grant must be given preference.

(7) The department shall give due consideration to any other factor that, in the department's judgment, is important to the evaluation of the project in light of the purposes, policies, and objectives of the renewable resource grant and loan program.
Mont. Code Ann. § 85-2-380 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-380
85-2-380 Stream depletion zones -- establishment -- rulemaking
Status: in_force

85-2-380 . Stream depletion zones -- establishment -- rulemaking . (1) Notwithstanding the provisions of subsection (2), the department may establish a stream depletion zone by rule if:

(a) the stream depletion zone lies within a basin closed pursuant to 85-2-319 , 85-2-321 , 85-2-330 , 85-2-336 , 85-2-341 , 85-2-343 , or 85-2-344 ; and

(b) there exists a hydrogeologic assessment for the area where the stream depletion zone is proposed that was conducted by either the ground water investigation program established by 85-2-525 or by a hydrogeologist or a qualified licensed professional engineer.

(2) If the provisions of subsection (1) are met, the department shall initiate rulemaking to establish a stream depletion zone upon receipt of a petition signed by:

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

(b) the owners of at least 15% of the flow rate of the surface water rights in the area estimated to be affected, the boundary of which cannot exceed the boundaries of the drainage subdivisions established by the office of water data coordination, United States geological survey, and used by the water court.

(3) The department shall provide notice of the rulemaking by first-class mail to an appropriator of water who, according to the records of the department, may be affected by the proposed stream depletion zone.

(4) In establishing rules related to stream depletion zones, the department shall consult with the ground water investigation program and the ground water assessment steering committee established by 2-15-1523 .
Mont. Code Ann. § 85-7-1417 — MT Code / Title 85 / Chapter 7 / Part 14 / Section 85-7-1417
85-7-1417 Use of revenue from undertaking
Status: in_force

85-7-1417 . Use of revenue from undertaking. (1) An issuer of bonds pursuant to this part for the acquisition, construction, or improvement of any undertaking may apply the revenue of the undertaking for the following purposes:

(a) to pay when due all bonds and interest thereon for which the revenue is pledged, including reserves;

(b) to provide for all expenses of operation and maintenance of the undertaking, including reserves;

(c) to pay and discharge notes, bonds, or other obligations and interest thereon not issued under this part for which the revenue of the undertaking is pledged;

(d) to pay and discharge notes, bonds, or other obligations and interest thereon that do not constitute a lien or encumbrance on the revenue of the undertaking and which were issued for the purpose of financing the acquisition, construction, or improvement of the undertaking; and

(e) to provide a reserve for improvements to the undertaking.

(2) Unless adequate provision has been made for the purposes listed in subsection (1), no irrigation district may transfer the revenue of the undertaking to its general fund.
Mont. Code Ann. § 85-1-611 — MT Code / Title 85 / Chapter 1 / Part 6 / Section 85-1-611
85-1-611 Department to solicit views
Status: in_force

85-1-611 . Department to solicit views. The department shall solicit and consider in its evaluation of proposed projects the views of interested and affected departments, boards, agencies, commissions, and other subdivisions of the state, including local political subdivisions, of a tribal government, of the federal government, and of other interested and affected persons.
Mont. Code Ann. § 85-7-2043 — MT Code / Title 85 / Chapter 7 / Part 20 / Section 85-7-2043
85-7-2043 Resolution of intent to levy special taxes or assessments -- determination of irrigable acres
Status: in_force

85-7-2043 . Resolution of intent to levy special taxes or assessments -- determination of irrigable acres. (1) If the board of commissioners determines to undertake special tax or assessment proceedings to authorize the issuance of bonds, the board shall first determine the total number of irrigable acres in the district or subdistrict pursuant to 85-7-2107 and apportionment of the costs subject to 85-7-2114 .

(2) If the condition in subsection (1) is met, the board of commissioners shall pass a resolution of intention to levy special taxes or assessments.

(3) The resolution of intention must:

(a) describe the number of irrigable acres in the district or subdistrict and the number of irrigable acres that would be subject to the special taxes or assessments and, if a subdistrict, include a map and description of the boundaries of the subdistrict;

(b) state the general character of the improvements that are desired to be made;

(c) designate the name of the engineer, if any, who is in charge of the work and the estimated costs of the improvements and of the estimated maximum principal amount of the bonds;

(d) specify that the costs of the improvements will be assessed against irrigable acres in the district or subdistrict benefited by the improvements on the basis of equal amount for each irrigable acre; and

(e) provide an estimate of the dollar amount proposed to be assessed against each irrigable acre based on the estimated maximum principal amount of the bonds.

(4) The board of commissioners may include in one proceeding under one resolution of intention the different kinds of improvement or work provided for in this part.

(5) In all resolutions, notices, orders, and determinations subsequent to the resolution of intention and notice of improvements, it is sufficient for the board to briefly describe the work or the assessments, or both, and to refer to the resolution of intention for further information.
Mont. Code Ann. § 85-3-414 — MT Code / Title 85 / Chapter 3 / Part 4 / Section 85-3-414
85-3-414 Creation of authority by resolution
Status: in_force

85-3-414 . Creation of authority by resolution. (1) When an authority is about to expire, the board of county commissioners may by resolution authorize the creation of such weather modification authority and all its powers, including the power to certify a tax levy as provided by 85-3-422 , for an additional 5-year period if the resolution authorizing the creation of such authority is adopted by the board of county commissioners before the date prescribed in the preceding resolution for its termination. Upon passing such resolution for the creation of the authority, the board of county commissioners shall appoint five commissioners to 5-year terms of office, subsequently filling vacancies in the manner prescribed by 85-3-411 .

(2) The board may create the authority for subsequent 5-year periods by following the procedure provided in this section.
Mont. Code Ann. § 85-9-102 — MT Code / Title 85 / Chapter 9 / Part 1 / Section 85-9-102
85-9-102 Purpose of chapter
Status: in_force

85-9-102 . Purpose of chapter. The purpose of this chapter is to enable the formation of conservancy districts comprised of area in one or more counties to promote the following purposes:

(1) prevent and control floods, erosion, and sedimentation;

(2) provide for regulation of stream flows and lake levels;

(3) improve drainage and to reclaim wet or overflowed lands;

(4) promote recreation;

(5) develop and conserve water resources and related lands, forest, fish, and wildlife resources;

(6) further provide for the conservation, development, and utilization of land and water for beneficial uses, including but not limited to domestic water supply, fish, industrial water supply, irrigation, livestock water supply, municipal water supply, recreation, and wildlife.
Mont. Code Ann. § 85-1-220 — MT Code / Title 85 / Chapter 1 / Part 2 / Section 85-1-220
85-1-220 State water project hydroelectric power generation special revenue account created -- revenue allocated
Status: in_force

85-1-220 . State water project hydroelectric power generation special revenue account created -- revenue allocated. (1) There is a state water project hydroelectric power generation special revenue account within the state special revenue fund established in 17-2-102 .

(2) Except as provided in the applicable bond resolution, all revenue derived from hydroelectric power generation at state water conservation projects under Title 85, chapter 1, must be paid into this account as received.

(3) The revenue received under this section must be used to repair and rehabilitate state-owned water projects and works and to pay the cost of financing those activities.

(4) The funds deposited in the state water project hydroelectric power generation special revenue account under this section but not appropriated during the biennium and money appropriated from the account but not expended during the biennium for which it is appropriated must remain in the account for future appropriation under this section and may not be appropriated from the account except as authorized under this section.
Mont. Code Ann. § 85-2-132 — MT Code / Title 85 / Chapter 2 / Part 1 / Section 85-2-132
85-2-132 Change of watercourse name -- public notice
Status: in_force

85-2-132 . Change of watercourse name -- public notice. When a petition under 85-2-131 is filed in the district court, the court or the judge shall designate some newspaper of general circulation in the county that is most likely to give all interested parties notice of the proceedings and shall order that notice be published in that newspaper as provided in this section. The judge may require any other notice that seems reasonable and shall fix a time at which objections to the granting of the petition for the change of name must be heard. A copy of the petition, together with a notice of the time set for hearing objections, must be published in the newspaper designated by the court or judge for that purpose at least once a week for 4 successive weeks, and other notice of the proceedings must be given that the court or judge may require.
Mont. Code Ann. § 85-1-617 — MT Code / Title 85 / Chapter 1 / Part 6 / Section 85-1-617
85-1-617 Issuing renewable resource bonds -- renewable resource loan proceeds account
Status: in_force

85-1-617 . Issuing renewable resource bonds -- renewable resource loan proceeds account. (1) When authorized by the legislature or requested by the department pursuant to 85-1-605 (2) and within the limits of the authorization on the request and the further limitations established in this section, the board of examiners may issue and sell renewable resource bonds of the state in the amount and manner it considers necessary and proper to finance the renewable resource grant and loan program. The full faith and credit and taxing powers of the state are pledged for the prompt and full payment of all bonds issued and interest and redemption premiums payable on the bonds according to their terms.

(2) Each series of renewable resource bonds may be issued by the board of examiners, upon request of the department, at public or private sale, in denominations and forms, whether payable to bearer with attached interest coupons or registered as to principal or as to both principal and interest, with provisions for conversion or exchange and for the issuance of notes in anticipation of the issuance of definitive bonds, bearing interest at a rate or rates, maturing at a rate or rates, maturing at a time or times not exceeding 30 years from date of issue, subject to optional or mandatory redemption at earlier times and prices and upon notice, with provisions for payment and discharge by the deposit of funds or securities in escrow for that purpose, and payable at the office of a banking institution or institutions within or outside the state that the board of examiners shall determine subject to the limitations contained in this section and 17-5-731 .

(3) In the issuance of each series of renewable resource bonds, the interest rates and the maturities and mandatory redemption provisions contained in the bonds must be established in a manner that the funds then specifically pledged and appropriated by law to the renewable resource loan debt service fund will, in the judgment of the board of examiners, be received in an amount sufficient in each year to pay all principal, redemption premiums, and interest due and payable in that year with respect to that and all prior series of bonds, except outstanding bonds as to which the obligation of the state has been discharged by the deposit of funds or securities sufficient for their payment in accordance with the terms of the resolutions by which they are authorized to be issued.

(4) In all other respects, the board of examiners is authorized to prescribe the form and terms of the bonds and notes and shall do whatever is lawful and necessary for their issuance and payment. The bonds, notes, and interest coupons appurtenant to the bonds or notes must be signed by the members of the board of examiners, and the bonds and notes must be issued under the great seal of the state of Montana. The bonds, notes, and coupons may be executed with facsimile signatures and seal in the manner and subject to the limitations prescribed by law. The state treasurer shall keep a record of all bonds and notes issued and sold.

(5) There is created a renewable resource loan proceeds account within the state special revenue fund established in 17-2-102 .

(6) All proceeds of bonds or notes issued under this section, other than refunding bonds, must be deposited in the renewable resource loan proceeds account established in subsection (5), except that any principal and accrued interest received in repayment of a loan made from the proceeds of bonds issued under this section must be deposited in the renewable resource loan debt service fund and the renewable resource loan loss reserve fund pursuant to 85-1-603 . All proceeds of refunding bonds must be deposited in the renewable resource loan debt service fund and applied to the payment and redemption of outstanding bonds issued under this section as directed by the board of examiners, whether at maturity or on any earlier date on which they may be prepaid according to their terms.

(7) All actions taken by the board of examiners under this section or 85-1-619 must be authorized by a vote of a majority of the members of the board of examiners.
Mont. Code Ann. § 85-9-625 — MT Code / Title 85 / Chapter 9 / Part 6 / Section 85-9-625
85-9-625 Issuance of bonds -- details of sale
Status: in_force

85-9-625 . Issuance of bonds -- details of sale. (1) If a bond issue is approved, the directors shall by resolution provide for the form and execution of the bonds and for issuance of all or any part of the bonds. The bonds may be sold at public or private sale as determined by the directors pursuant to 17-5-107 . If the directors conduct a public sale, after adequate notice that sealed proposals will be received, the directors may award the purchase of all or a part of the issue to the best bidder or bidders and may sell at private sale any or all bonds not sold on bids.

(2) The bonds must be sold for a price that is not less than 97% of par or face value with accrued interest to date of delivery, and all bidders shall state the lowest rate of interest at which they will purchase the bonds. The board shall reserve the right to reject any and all bids and to sell the bonds at private sale.
Mont. Code Ann. § 85-7-1935 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1935
85-7-1935 Lands under irrigation -- limits on charges for costs
Status: in_force

85-7-1935 . Lands under irrigation -- limits on charges for costs. Where lands already under irrigation are included in any district, the water and irrigation works irrigating the same belonging to the owner of said lands, such lands shall not be charged with any tax or assessment for construction or for payment of the interest or principal of any bonds issued to secure money for construction or purchase of the district irrigation works or for any payments other than for operation and maintenance due or to become due under any contract between the district and the United States, accompanying which bonds of the district have not been deposited with the United States as provided in 85-7-1906 , except with the consent of the owner thereof, which consent shall be filed with the recorder of deeds of the county in which such lands are situated. Such lands shall be assessed for administrative and maintenance purposes the same as other lands in the district.
Mont. Code Ann. § 85-7-102 — MT Code / Title 85 / Chapter 7 / Part 1 / Section 85-7-102
85-7-102 Evidence of title
Status: in_force

85-7-102 . Evidence of title. (1) The following documents are sufficient evidence of title for the purpose of this chapter:

(a) the certificate of the county clerk and recorder;

(b) the certificate of the department of natural resources and conservation; or

(c) records of ownership prepared by licensed title insurance producers.

(2) When lands have been purchased from the state and part or all of the purchase money has been paid but the patents or deeds from the state to the lands have not been issued, the receipt or receipts held by the purchasers or the certificate of the department showing the payments on account of purchase is evidence of title to the lands under this chapter.
Mont. Code Ann. § 85-1-218 — MT Code / Title 85 / Chapter 1 / Part 2 / Section 85-1-218
85-1-218 Employment of county surveyors
Status: in_force

85-1-218 . Employment of county surveyors. Whenever deemed practical the department may employ county surveyors in the assistance and preparation of surveys and investigations conducted by the department.
Mont. Code Ann. § 85-2-508 — MT Code / Title 85 / Chapter 2 / Part 5 / Section 85-2-508
85-2-508 Controlled ground water areas -- permits to appropriate
Status: in_force

85-2-508 . Controlled ground water areas -- permits to appropriate. (1) A person may appropriate ground water in a controlled ground water area by:

(a) applying for and receiving a permit from the department in accordance with part 3 of this chapter; or

(b) following the requirements of a rule promulgated pursuant to 85-2-506 .

(2) The department may not grant a permit if the withdrawal would be beyond the capacity of the aquifer or aquifers in the controlled ground water area to yield ground water within a reasonable or feasible pumping lift, in the case of pumping developments, or within a reasonable or feasible reduction of pressure, in the case of artesian developments.
Mont. Code Ann. § 85-7-201 — MT Code / Title 85 / Chapter 7 / Part 2 / Section 85-7-201
85-7-201 Creation of districts by owners of water of adjudicated streams
Status: in_force

85-7-201 . Creation of districts by owners of water of adjudicated streams. It is the purpose and intention of this part, in the furtherance of public welfare, to provide an effective public agency for the improvement, development, and maintenance of certain existing irrigation systems in cases where administration thereof, through the agency of a water commissioner and the existing statutes, is not effective.
Mont. Code Ann. § 85-1-510 — MT Code / Title 85 / Chapter 1 / Part 5 / Section 85-1-510
85-1-510 Sale of power and allocation of revenue
Status: in_force

85-1-510 . Sale of power and allocation of revenue. (1) If the operator of a small-scale hydroelectric generation facility under this chapter and a public utility or an electric cooperative are unable to mutually agree to a contract for the sale of electricity or a price for the electricity purchased by the utility or electric cooperative, the public service commission shall require the utility or electric cooperative to purchase the power under rates and terms established as provided in 85-1-511 through 85-1-513 .

(2) The revenue derived from hydroelectric power generation under this part must be deposited in the state water project hydroelectric power generation special revenue account created under 85-1-220 . The funds in the account must be used to repair and rehabilitate state-owned water projects and works and to pay the cost of financing those activities.
Mont. Code Ann. § 85-2-111 — MT Code / Title 85 / Chapter 2 / Part 1 / Section 85-2-111
85-2-111 Department powers
Status: in_force

85-2-111 . Department powers. (1) The department may:

(a) enter into agreements with federal, state, or local agencies necessary to carry out this chapter;

(b) apply for, accept, administer, and expend funds, grants, gifts, and loans from the federal government or any other public or private source for the purposes of this chapter.

(2) The department shall, pursuant to 85-20-1901 and 85-20-1902 , recognize the jurisdiction of the Flathead reservation water management board over water rights, including permitting of new uses, changes of existing uses, enforcement of water right calls, and all aspects of enforcement within the exterior boundaries of the Flathead Indian reservation.
Mont. Code Ann. § 85-2-339 — MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-339
85-2-339 Terminated
Status: in_force

85-2-339 . Terminated. Sec. 6, Ch. 281, L. 1999.
Mont. Code Ann. § 85-1-321 — MT Code / Title 85 / Chapter 1 / Part 3 / Section 85-1-321
85-1-321 Funds in general
Status: in_force

85-1-321 . Funds in general. The department shall create a fund to be known as the "administration fund" and shall also create three separate funds in respect of the bonds of each series, one fund to be known as the "construction fund, series....", another fund to be known as the "water fund, series....", and another fund to be known as the "debt service fund, series....", each fund to be identified by the same series letter or letters as the bonds of the series. The money in each fund must be deposited in a depository or depositories and secured in the manner determined by the department. It is lawful for any bank or trust company incorporated under the laws of this state to act as the depository and to furnish indemnifying bonds or to pledge securities as may be required by the department. A separate account must be kept in each construction fund and in each water fund for each project. All expenditures not properly chargeable to the construction fund account or to the water fund account of any one project must be charged by the department in proportions as it shall determine to the construction fund accounts or to the water fund accounts, as the case may be, of the projects in respect of which the expenditures were incurred.
Mont. Code Ann. § 85-6-108 — MT Code / Title 85 / Chapter 6 / Part 1 / Section 85-6-108
85-6-108 Exemption from payment of fees
Status: in_force

85-6-108 . Exemption from payment of fees. Any water users' association organized in conformity with the requirements of the laws of the United States and of the state of Montana, under the Reclamation Act of June 17, 1902, which, under the articles of incorporation, is authorized to furnish water only to its stockholders shall be exempt from the payment of any license fee and from the payment of any annual license tax and, upon filing its articles of incorporation with the secretary of state, shall be required to pay only a fee of $40 for the filing and recording of such articles of incorporation and the issuance of certificate of incorporation.
Mont. Code Ann. § 85-1-615 — MT Code / Title 85 / Chapter 1 / Part 6 / Section 85-1-615
85-1-615 Security interests -- purchase, operation, and resale of encumbered property
Status: in_force

85-1-615 . Security interests -- purchase, operation, and resale of encumbered property. (1) The state has a lien upon a project constructed with money from the natural resources projects state special revenue account established in 15-38-302 or the renewable resource loan proceeds account for the amount of the loan and interest due the state. This lien may attach to any project facilities, equipment, easements, real property, shares of stock in a water users' association, revenue of a water users' association, accounts receivable of a water users' association, water purchase agreements, and property of any kind or nature owned by the debtor, including all water rights. The department shall file with the county clerk and recorder of each county in which a part of the project is located either a financing statement or a real estate mortgage covering the loan, its amount, terms, and a description of the security. The county clerk and recorder shall record and index the lien as other liens are required by law to be recorded and indexed. The lien is valid until paid in full or otherwise discharged. The lien must be foreclosed in accordance with applicable state law governing foreclosure of mortgages and liens.

(2) From the funds available under 15-38-301 , 85-1-603 , or 85-1-617 , the state may:

(a) purchase a lien that is prior to the state's lien if:

(i) the director of the department determines that the loan is in default and the prospects for collecting the loan may be materially increased by purchasing the prior lien; and

(ii) the amount to be paid for the prior lien does not exceed the appraised value of the property;

(b) operate property that is subject to the state's lien if the director of the department determines that the loan is in default and that the prospects for collecting the loan may be materially increased by operating the property that is subject to the state's lien; or

(c) purchase a prior lien as provided in subsection (2)(a) and operate property as provided in subsection (2)(b).

(3) Any property acquired under the provisions of this section must be resold as expeditiously as possible to recover funds used under this section and funds loaned to the borrower.
Mont. Code Ann. § 85-8-326 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-326
85-8-326 Service of owners of added lands
Status: in_force

85-8-326 . Service of owners of added lands. When lands are added to the district, the owners thereof shall be served with said notice as provided for serving of notice of hearing on the petition.
Mont. Code Ann. § 85-8-362 — MT Code / Title 85 / Chapter 8 / Part 3 / Section 85-8-362
85-8-362 Interest of commissioners in contracts forbidden
Status: in_force

85-8-362 . Interest of commissioners in contracts forbidden. The commissioners may not, during their term of office, be interested, directly or indirectly, in any contract for the construction of any drain, ditch, levee, or other work in the drainage district, in the sale of materials for the drainage district, or in the wages of or supplies for personnel or teams employed on any construction work in the district.
Mont. Code Ann. § 85-7-2132 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2132
85-7-2132 Sinking fund for straight maturity bonds
Status: in_force

85-7-2132 . Sinking fund for straight maturity bonds. When straight maturity bonds are issued, the board of commissioners of the district shall create and maintain a sinking fund sufficient to pay and discharge the bonds at maturity. If the bonds are issued for 20 years or less, there shall be annually levied for the sinking fund a special tax or assessment sufficient to produce a net amount represented by the quotient found by dividing the aggregate amount of the principal of the bonds by the number of years the bonds have to run; but if the bonds are issued for more than 20 years, it is not necessary to levy a special tax or assessment for sinking fund until the 20th year prior to the maturity of the bonds, at which time and each year thereafter there shall be levied and collected a special tax or assessment sufficient to produce a net sum equal to one-twentieth part of the aggregate amount of the principal of the bonds.
Mont. Code Ann. § 85-2-122 — MT Code / Title 85 / Chapter 2 / Part 1 / Section 85-2-122
85-2-122 Penalties
Status: in_force

85-2-122 . Penalties. (1) Except as provided in 85-2-410 (6), a person who violates or refuses or neglects to comply with the provisions of 85-2-114 , any order of the department, or any rule of the department is subject to a civil penalty not to exceed $1,000 per violation. Each day of violation constitutes a separate violation.

(2) Except as provided in subsection (3), fines collected by the department or a district court under subsection (1) must be deposited in the account established in 85-2-318 for use by the department in the enforcement of 85-2-114 .

(3) If a fine is collected by an independent action brought by:

(a) the county attorney, the fine must be deposited in the general fund of the county; or

(b) the county attorney with assistance from the attorney general or by the attorney general, the fine must be deposited in the water right enforcement account created in 44-4-1101 and must be used to enforce the provisions of 85-2-114 .
Mont. Code Ann. § 85-7-1951 — MT Code / Title 85 / Chapter 7 / Part 19 / Section 85-7-1951
85-7-1951 United States contracts -- loans, sinking fund, and investment
Status: in_force

85-7-1951 . United States contracts -- loans, sinking fund, and investment. 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 interest of the district, shall have the power and authority to enter into any obligation or contract with the United States under any act of congress and the rules and regulations established thereunder, providing for or permitting such obligation or contract, for the purpose of obtaining from the United States a loan of money to be used by the district for the liquidation of bonded or other outstanding indebtedness of the district or for doing or causing to be done, under the supervision of the secretary of the interior of the United States, any construction, betterments, or repair work necessary to place the irrigation system of the district in good operating condition. The board shall also have the power and authority to create, by proper levy and collection of assessments, a sinking fund which shall be available for the construction of betterments to the irrigation system of the district, as may become necessary during the term of any contract made hereunder. Said sinking fund for said purpose, which shall be designated the ".... District Sinking Fund for Betterments", shall be in such an amount and shall be created within such time as may be agreed upon between the district and the United States. The board shall also have the power and authority to invest any surplus in the sinking fund herein provided for in legal investments backed, insured, or guaranteed by the United States or the state of Montana, including federal and state agency obligations.
Mont. Code Ann. § 85-1-224 — MT Code / Title 85 / Chapter 1 / Part 2 / Section 85-1-224
85-1-224 Contracts with state agencies and counties
Status: in_force

85-1-224 . Contracts with state agencies and counties. (1) A state agency or the boards of county commissioners having jurisdiction over any lands which may require the use of any water or water rights owned or controlled by the department or the United States or its agencies may enter into:

(a) such contracts as are necessary with the department, the United States, or agencies of the United States or others for the purchase of water or water rights needed for those lands; and

(b) any contracts as necessary or expedient, similar to contracts executed by individuals or others, to secure for the state, state institutions, counties, and state school and county lands the benefits of the water or water rights, which obligations may be similar to those of persons who become stockholders in corporations or who may agree to purchase and pay for water for irrigation purposes.

(2) These contracts may include agreements that the state and counties shall be subject to the same charges and payments as are other water users within the projects; however, none of those charges, payments, or costs shall constitute a lien against the state's interest in the lands.

(3) The obligations provided for in this section to be incurred upon behalf of the counties and the state shall not be in the nature of general obligations by either said counties or the state of Montana but shall constitute liens only upon such water or water rights purchased for the benefit of such lands.
Mont. Code Ann. § 85-2-601 — MT Code / Title 85 / Chapter 2 / Part 6 / Section 85-2-601
85-2-601 Statement of legislative findings and policy
Status: in_force

85-2-601 . Statement of legislative findings and policy. The legislature, noting that appropriations have been claimed, that applications have been filed for, and that there is further widespread interest in making substantial appropriations of water in the Yellowstone River basin, finds that these appropriations threaten the depletion of Montana's water resources to the significant detriment of existing and projected agricultural, municipal, recreational, and other uses and of wildlife and aquatic habitat. The legislature further finds that these appropriations foreclose the options to the people of this state to utilize water for other future beneficial purposes, including municipal water supplies, irrigation systems, and minimum flows for the protection of existing rights and aquatic life. The legislature, pursuant to its mandate and authority under Article IX of the Montana constitution, declares that it is the policy of this state that before these proposed appropriations are acted upon, existing rights to water in the Yellowstone basin must be accurately determined for their protection and that reservations of water within the basin must be established as rapidly as possible for the preservation and protection of existing and future beneficial uses.
Mont. Code Ann. § 85-3-302 — MT Code / Title 85 / Chapter 3 / Part 3 / Section 85-3-302
85-3-302 Reports of operations
Status: in_force

85-3-302 . Reports of operations. The department shall require written reports, in a manner as it provides, of each operation for which a permit is issued. The department shall also require reports from any organization that is exempt from license and permit requirements as provided in 85-3-202 .
Mont. Code Ann. § 85-7-2162 — MT Code / Title 85 / Chapter 7 / Part 21 / Section 85-7-2162
85-7-2162 Powers of district commissioners to acquire and manage tax lien lands
Status: in_force

85-7-2162 . Powers of district commissioners to acquire and manage tax lien lands. (1) In addition to the powers of irrigation districts, the commissioners of every irrigation district established and organized under and by virtue of the laws of the state may:

(a) purchase lands within their respective districts that had been sold and conveyed to the county for nonpayment of taxes and assessments, take assignments of tax liens, and take title to the land for their district;

(b) own, manage, operate, lease, sell, and dispose of the land for the use and benefit of their respective districts;

(c) sue and be sued in reference to the lands in the name of their respective irrigation districts and commence, maintain, and prosecute suits to quiet title to the lands and any other suits in equity or actions at law with reference to the lands, the same as any other individual or corporate owners of the lands; and

(d) do any other acts or things necessary or beneficial for their respective districts in connection with the lands.

(2) The lands must be offered for sale at public sale, and the commissioners may reject any bids on the land if, in their judgment, the bids are insufficient. The lands may not be sold at private sale at a price less than the highest bid made at the public sale at which the lands were offered for sale. If a bid is not received for the land when the land is offered at public sale, the commissioners may then sell the land in the manner, at the price, and upon the terms that they choose.

(3) The board of commissioners of any irrigation district may do what is necessary to carry out the provisions and intentions of 85-7-2157 through 85-7-2164 .
Mont. Code Ann. § 85-3-413 — MT Code / Title 85 / Chapter 3 / Part 4 / Section 85-3-413
85-3-413 Creation of authority by election
Status: in_force

85-3-413 . Creation 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 the office of governor at the last preceding gubernatorial election, requesting an election upon the establishment of a weather modification authority 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 by resolution establish an authority as described in 85-3-411 with all powers set out in this part, including the power to certify a tax levy as provided by 85-3-422 .
Mont. Code Ann. § 85-2-504 — MT Code / Title 85 / Chapter 2 / Part 5 / Section 85-2-504
85-2-504 Standards for determining fresh water
Status: in_force

85-2-504 . Standards for determining fresh water. Fresh water shall be considered to be water fit for domestic, livestock, or agricultural use. The department, after notice and hearing, may fix definite standards for determining fresh water in any controlled ground water area or subarea of the state.