reglab/housing_qa huggingface dataset:
MT Code § 85-3-417 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 3. Atmospheric Water Weather Modification|Part 4. County Weather Modification Authorities|85-3-417. Procedure for abolishment of authority by recall petition -- petition form -- disposition of funds

  85-3-417. Procedure for abolishment of authority by recall petition -- petition form -- disposition of funds. (1) After 51% of the qualified electors of a county, as determined by the vote cast for the office of governor at the last preceding gubernatorial election, petition the board of county commissioners of their county to recall the commissioners of an authority created pursuant to 85-3-411 and to abolish the authority, the board of county commissioners shall adopt a resolution recalling all commissioners of such authority and abolishing their offices and the authority until a weather modification authority is created by petition in accordance with 85-3-411.   (2) A recall petition must have a title with the heading "Recall Petition for the Abolishment of (insert name of county) Weather Modification Authority". The recall petition must incorporate a paragraph stating its purpose in clear language and must comply with all requirements prescribed in subsections (1)(d), (2), and (3) of 85-3-412 relating to petition content, committee for petitioners, petition details, affidavits, and persons circulating such petitions.   (3) If the board of county commissioners adopts a resolution recalling all commissioners of a weather modification authority and abolishing the authority, all unexpended funds remaining in the name of the authority, after all proper bills and expenses have been paid, must be transferred to the county general fund by the weather modification authority commissioners on the effective date of the resolution. If outstanding valid bills are unpaid after that date, the board of county commissioners may pay such obligations from money in the county general fund.   History: En. Sec. 7, Ch. 609, L. 1983.
MT Code § 85-3-418 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 3. Atmospheric Water Weather Modification|Part 4. County Weather Modification Authorities|85-3-418. through 85-3-420 reserved

  85-3-418 through 85-3-420 reserved.
MT Code § 85-3-421 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 3. Atmospheric Water Weather Modification|Part 4. County Weather Modification Authorities|85-3-421. Commissioners -- compensation -- meetings -- officers -- disbursements

  85-3-421. Commissioners -- compensation -- meetings -- officers -- disbursements. (1) A commissioner may not receive compensation for the commissioner's services. Certificates of appointment must be filed with the county clerk and recorder.   (2) The powers of each authority are vested in its commissioners. A majority of the commissioners constitutes a quorum for the purpose of conducting the business of the authority, but action may not be taken by the authority except by an affirmative vote of not less than a majority of all the commissioners. A presiding officer, vice presiding officer, secretary, and treasurer must be elected from among the commissioners. An authority may delegate to one or more of its commissioners powers or duties that it considers proper.   (3) The secretary shall keep minutes of official meetings and shall include all official business, such as operations requested, and all authorizations for payment of weather modification authority funds.   (4) Disbursements authorized by the authority must be made by check signed by the presiding officer and the treasurer of the authority. Official policies must be entered into the minutes. An annual report must disclose funds received and expended, and a copy of the report must be filed with the county clerk and recorder. The annual report must be presented at a public meeting called for that purpose.   History: En. Sec. 4, Ch. 609, L. 1983; amd. Sec. 2769, Ch. 56, L. 2009.
MT Code § 85-3-422 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 3. Atmospheric Water Weather Modification|Part 4. County Weather Modification Authorities|85-3-422. Tax certified by weather modification authority -- disposition of proceeds

  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.   History: En. Sec. 5, Ch. 609, L. 1983; amd. Sec. 151, Ch. 584, L. 1999; amd. Sec. 241, Ch. 574, L. 2001.
MT Code § 85-3-423 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 3. Atmospheric Water Weather Modification|Part 4. County Weather Modification Authorities|85-3-423. County budget waived for first appropriation -- conditions

  85-3-423. County budget waived for first appropriation -- conditions. If an emergency condition requiring prompt expenditure occurs immediately after an authority has been created by resolution of the board of county commissioners and after certification of a mill levy by the authority, the county commissioners may appropriate, from money not otherwise appropriated in the general fund, money necessary to carry out the provisions of this part.   History: En. Sec. 11, Ch. 609, L. 1983; amd. Sec. 60, Ch. 278, L. 2001; amd. Sec. 242, Ch. 574, L. 2001.
MT Code § 85-3-424 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 3. Atmospheric Water Weather Modification|Part 4. County Weather Modification Authorities|85-3-424. Declaration of emergency -- hearing -- determination of need for weather modification operation

  85-3-424. Declaration of emergency -- hearing -- determination of need for weather modification operation. (1) After receiving a petition requesting an operation to increase precipitation, initiate precipitation, or suppress hail and bearing the signatures of at least 50 registered electors of the county, the commissioners of an authority shall, within 15 days after receiving the petition, publish notice of a public hearing on the request at least once in a newspaper of general circulation published within the county and conduct the hearing.   (2) If after the hearing a majority of the commissioners finds that a weather emergency exists requiring such an operation, the authority may proceed with the activities needed to initiate and conduct the requested operation.   History: En. Sec. 12, Ch. 609, L. 1983.
MT Code § 85-5-102 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 5. Water Commissioners and Water Mediators|Part 1. Appointment and Duties|85-5-102. Appointment of chief commissioner

  85-5-102. Appointment of chief commissioner. When the judge of the district court appoints two or more commissioners to admeasure and distribute the waters mentioned in 85-5-101, the judge may appoint one of them as chief commissioner and empower the chief commissioner to exercise direction and control over the other commissioners in the discharge of their duties. The judge may depose the person appointed as chief commissioner from that position and appoint another as chief commissioner whenever it appears to the judge that better service may be given to the water users by making the change.   History: En. Sec. 2, Ch. 43, L. 1911; re-en. Sec. 7137, R.C.M. 1921; re-en. Sec. 7137, R.C.M. 1935; R.C.M. 1947, 89-1002; amd. Sec. 2770, Ch. 56, L. 2009.
MT Code § 85-5-103 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 5. Water Commissioners and Water Mediators|Part 1. Appointment and Duties|85-5-103. Oath and bond

  85-5-103. Oath and bond. Each water commissioner appointed by the court shall subscribe and file with the clerk of the district court an oath of office before commencing the discharge of duties as commissioner and shall file with the clerk a bond executed by the commissioner, with two or more sureties, in a sum that the judge of the court may designate, to ensure the faithful discharge of the commissioner's duties.   History: En. Sec. 3, Ch. 43, L. 1911; amd. Sec. 1, Ch. 12, Ex. L. 1919; re-en. Sec. 7138, R.C.M. 1921; re-en. Sec. 7138, R.C.M. 1935; R.C.M. 1947, 89-1003; amd. Sec. 2771, Ch. 56, L. 2009.
MT Code § 85-5-104 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 5. Water Commissioners and Water Mediators|Part 1. Appointment and Duties|85-5-104. Term of office

  85-5-104. Term of office. A water commissioner holds office for the time during the irrigation season of each year that may be designated by the judge in the order making the appointment. The judge may fix the date of the commencement of the term and may, in in the judge's discretion or when requested in writing by at least three persons entitled to the use of the waters, change the term for closing of the commissioner's service.   History: En. Sec. 4, Ch. 43, L. 1911; amd. Sec. 1, Ch. 116, L. 1921; re-en. Sec. 7139, R.C.M. 1921; re-en. Sec. 7139, R.C.M. 1935; amd. Sec. 1, Ch. 68, L. 1955; R.C.M. 1947, 89-1004; amd. Sec. 2772, Ch. 56, L. 2009.
MT Code § 85-5-105 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 5. Water Commissioners and Water Mediators|Part 1. Appointment and Duties|85-5-105. Power and duty to distribute water

  85-5-105. Power and duty to distribute water. Upon the issuance of an order, the water commissioner or commissioners have authority and it is the commissioner's or commissioners' duty to admeasure and distribute to the users of water, as their interests may appear and be required, the stored and supplemental water stored and as released by the department of natural resources and conservation under provisions of Title 85, chapter 1, to be diverted into and through a stream, ditch or extension of ditch, watercourse, spring, lake, reservoir, or other source of supply in the same manner and under the same rules as decreed water rights are admeasured and distributed. The water commissioner or commissioners and the owners and users of the stored and supplemental water are bound by and are subject to the provisions of this chapter. However, the admeasurements and distribution of the stored and supplemental water may not interfere with decreed water rights. The purpose of Title 85, chapter 5, parts 1 through 3, is to provide a uniform, equitable, and economical distribution of adjudicated, stored, and supplemental waters.   History: En. Sec. 1, Ch. 43, L. 1911; re-en. Sec. 7136, R.C.M. 1921; amd. Sec. 1, Ch. 125, L. 1925; re-en. Sec. 7136, R.C.M. 1935; amd. Sec. 1, Ch. 187, L. 1939; amd. Sec. 1, Ch. 231, L. 1963; amd. Sec. 39, Ch. 452, L. 1973; amd. Sec. 1, Ch. 51, L. 1975; R.C.M. 1947, 89-1001(4); amd. Sec. 2773, Ch. 56, L. 2009.
MT Code § 85-5-106 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 5. Water Commissioners and Water Mediators|Part 1. Appointment and Duties|85-5-106. Maintenance and repair of ditches or systems

  85-5-106. Maintenance and repair of ditches or systems. Upon written request of the owners of at least 51% of the water rights in any adjudicated ditch or single water system, the judge of the district court may empower the commissioner to maintain and keep in reasonable repair such water ditch or water system at the expense of the owners thereof, and for such purposes the commissioner shall have authority to enter and work upon any ditch, canal, aqueduct, or other source of conveying the waters affected by the decree and the right-of-way thereof and to visit, inspect, and adjust all headgates or other means of distribution of such waters.   History: En. Sec. 6, Ch. 43, L. 1911; re-en. Sec. 7141, R.C.M. 1921; re-en. Sec. 7141, R.C.M. 1935; R.C.M. 1947, 89-1006.
MT Code § 85-5-107 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 5. Water Commissioners and Water Mediators|Part 1. Appointment and Duties|85-5-107. Record of distribution of water

  85-5-107. Record of distribution of water. (1) Each water commissioner shall keep a daily record, unless a different recording schedule is ordered by the district judge, of the amount of water distributed to each water user and shall file a summary of the record with the clerk of the court monthly or seasonally, at the discretion of the district judge during the judge's term of service. The report must show in detail the total amount of water distributed to each water user during the month or the season and the cost of distributing the water, based upon the water commissioner's or commissioners' daily salary, other costs of the water commissioner or commissioners approved by the district judge, and the proportionate amount of water distributed. When two or more water commissioners serve under the same decree or decrees by order of the judge, they may file a joint summary of their records with the clerk of the court, or the chief commissioner, if one has been appointed by the judge, may file a summary on behalf of all of them.   (2) If the district court judge determines that it is necessary to establish a billing cycle prior to a distribution season, as provided in 85-5-204, the report or reports must serve as the basis for the amounts billed.   History: En. Sec. 9, Ch. 43, L. 1911; re-en. Sec. 7144, R.C.M. 1921; re-en. Sec. 7144, R.C.M. 1935; R.C.M. 1947, 89-1009; amd. Sec. 1, Ch. 305, L. 1983; amd. Sec. 1, Ch. 513, L. 2007.
MT Code § 85-5-108 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 5. Water Commissioners and Water Mediators|Part 1. Appointment and Duties|85-5-108. Authority and arrest power

  85-5-108. Authority and arrest power. For the purposes of carrying out the provisions of Title 85, chapter 5, parts 1 through 3, each commissioner appointed by the court has the authority to enter upon any ditch, canal, aqueduct, or other source for conveying the waters affected by the decree and to visit, inspect, and adjust all headgates or other means of distributing the waters and has the same powers as a sheriff or constable to arrest any person interfering with the distribution made by the commissioner, to be dealt with according to law.   History: En. Sec. 8, Ch. 43, L. 1911; re-en. Sec. 7143, R.C.M. 1921; re-en. Sec. 7143, R.C.M. 1935; R.C.M. 1947, 89-1008; amd. Sec. 2774, Ch. 56, L. 2009.
MT Code § 85-5-109 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 5. Water Commissioners and Water Mediators|Part 1. Appointment and Duties|85-5-109. Failure to perform duty as contempt of court

  85-5-109. Failure to perform duty as contempt of court. If a commissioner fails to perform any of the duties imposed upon the commissioner by the order of the judge of the district court, the commissioner is guilty of contempt of court.   History: En. Sec. 7, Ch. 43, L. 1911; re-en. Sec. 7142, R.C.M. 1921; re-en. Sec. 7142, R.C.M. 1935; R.C.M. 1947, 89-1007; amd. Sec. 2775, Ch. 56, L. 2009.
MT Code § 85-5-110 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 5. Water Commissioners and Water Mediators|Part 1. Appointment and Duties|85-5-110. Appointment of water mediators -- duties

  85-5-110. Appointment of water mediators -- duties. (1) Except as provided in 85-20-1902, the judge of the district court may appoint a water mediator to mediate a water controversy in a decreed or nondecreed basin under the following circumstances:   (a) upon request of the governor;   (b) upon petition by at least 15% of the owners of water rights in a decreed or nondecreed basin; or   (c) in the discretion of the district court having jurisdiction.   (2) A water mediator appointed under this section may:   (a) discuss proposed solutions to a water controversy with affected water right holders;   (b) review options related to scheduling and coordinating water use with affected water right holders;   (c) discuss water use and water needs with persons and entities affected by the existing water use;   (d) meet with principal parties to mediate differences over the use of water; and   (e) hold public meetings and conferences to discuss and negotiate potential solutions to controversies over use of water.   (3) If the governor requests or a state agency petitions for a water mediator, the governor or agency shall pay all or a majority of the costs of the water mediator as determined equitable by the district court having jurisdiction.   (4) The governor may use funds appropriated under 75-1-1101 to pay the costs of a water mediator.   (5) This section does not allow a water mediator to require any valid water right holder to compromise or reduce any of the holder's existing water rights.   (6) If an appropriator voluntarily ceases to use all or part of an appropriation right or voluntarily ceases to use an appropriation right according to its terms and conditions as a result of the efforts of a mediator appointed under this section, the appropriator may not be considered to have abandoned all or any portion of the appropriation right.   History: En. Sec. 1, Ch. 625, L. 1989; amd. Sec. 1, Ch. 108, L. 1991; amd. Sec. 2776, Ch. 56, L. 2009; amd. Sec. 11, Ch. 294, L. 2015.
MT Code § 85-5-111 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 5. Water Commissioners and Water Mediators|Part 1. Appointment and Duties|85-5-111. Water commissioner and mediator education

  85-5-111. Water commissioner and mediator education. (1) The department of natural resources and conservation, in cooperation with the Montana supreme court, the Montana water courts, the district courts of Montana, the Montana university system, and other appropriate state and federal agencies, shall develop an educational program for water commissioners and mediators that includes:   (a) an annual seminar on commissioner and mediator duties, mediation techniques, and water measuring techniques;   (b) preparation and, as necessary, revision of a water commissioner and mediator manual; and   (c) an outreach program that identifies persons who might serve as water commissioners or mediators.   (2) Unless a district court judge having jurisdiction determines otherwise, a water commissioner appointed pursuant to 85-5-101 shall complete at least one educational program as provided in subsection (1) prior to administering water.   History: En. Sec. 2, Ch. 625, L. 1989; amd. Sec. 1, Ch. 118, L. 2017.
MT Code § 85-5-201 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 5. Water Commissioners and Water Mediators|Part 2. Charges and Expenses|85-5-201. Distribution of water and related expenses

  85-5-201. Distribution of water and related expenses. (1) Each water commissioner appointed by the judge of the district court for the purpose of distributing water has the authority to determine the appropriate quantity and distribute to the parties interested, under a decree, permit, certificate, or change in appropriation right, the water to which those who are parties to the decree or holders of a permit, certificate, or change in appropriation right, or privy to a permit, certificate, or change in appropriation right, are entitled, according to their priority as established by the decree, permit, certificate, or change in appropriation right.   (2) The water commissioner may incur necessary expenses in the making of headgates or dams for the distribution of the waters if the parties fail or refuse to do so. Expenses associated with making headgates or dams for the distribution of water must be assessed against and paid by the party or parties for whom the ditch or ditches were repaired or the dams or headgates were made. In the discretion of the court, the costs or expenses may be assessed against the land upon which or for the benefit of which the expense had been incurred.   (3) (a) At the district court's discretion, a water commissioner may bill water users prior to the beginning of a distribution season for the purpose of offsetting costs associated with distributing water and water commissioner duties by submitting the information necessary for the billing to the clerk of the district court. A billing issued prior to the beginning of a distribution season:   (i) must be assessed on a per-user basis;   (ii) must be based on the report provided for in 85-5-107 for the prior year; and   (iii) may not exceed 80% of the amount that was provided to the district court pursuant to 85-5-107 for the prior distribution season on a per-user basis.   (b) Upon receipt of the information from the water commissioner, the clerk of district court shall proceed as provided in 85-5-204.   History: En. Sec. 5, Ch. 43, L. 1911; re-en. Sec. 7140, R.C.M. 1921; amd. Sec. 2, Ch. 125, L. 1925; re-en. Sec. 7140, R.C.M. 1935; R.C.M. 1947, 89-1005; amd. Sec. 2, Ch. 246, L. 1983; amd. Sec. 2, Ch. 92, L. 2007; amd. Sec. 2, Ch. 513, L. 2007.
MT Code § 85-5-202 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 5. Water Commissioners and Water Mediators|Part 2. Charges and Expenses|85-5-202. Repair expenses

  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.   History: En. Sec. 10, Ch. 43, L. 1911; re-en. Sec. 7145, R.C.M. 1921; amd. Sec. 3, Ch. 125, L. 1925; re-en. Sec. 7145, R.C.M. 1935; R.C.M. 1947, 89-1010; amd. Sec. 2777, Ch. 56, L. 2009.
MT Code § 85-5-203 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 5. Water Commissioners and Water Mediators|Part 2. Charges and Expenses|85-5-203. Telephone expenses

  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.   History: En. Sec. 11, Ch. 43, L. 1911; re-en. Sec. 7146, R.C.M. 1921; re-en. Sec. 7146, R.C.M. 1935; R.C.M. 1947, 89-1011.