reglab/housing_qa huggingface dataset:
MT Code § 85-9-206 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 2. Creation of Districts|85-9-206. Court hearing on petition -- election -- limits on court jurisdiction

  85-9-206. Court hearing on petition -- election -- limits on court jurisdiction. (1) On receipt of a petition for organizing a district, the court shall give notice and hold a hearing on the petition. If the court finds that the petition should be granted, it shall:   (a) make and file findings of fact specifying those lands that will be directly or indirectly benefited by the proposed district and exclude those lands that will not be benefited;   (b) make an order fixing the time and place of an organizing election;   (c) order the election administrator to conduct the election in accordance with Title 13, chapter 1, part 5; and   (d) order and decree the district organized if the requisite number of eligible electors votes in favor of organization.   (2) In order for the district to be organized, 51% or more of the eligible electors must vote in the election, and a majority of those voting must vote in favor of organization.   (3) This chapter does not confer on the court jurisdiction to hear, adjudicate, and settle questions concerning the priority of appropriation of water between districts and other persons. Jurisdiction to hear and determine priority of appropriation and questions of right growing out of or in any way connected with a priority of appropriation is expressly excluded from this chapter and must be determined as otherwise provided by the laws of Montana.   History: En. Sec. 9, Ch. 100, L. 1969; R.C.M. 1947, 89-3409; amd. Sec. 373, Ch. 571, L. 1979; amd. Sec. 69, Ch. 387, L. 1995; amd. Sec. 14, Ch. 234, L. 1997; amd. Sec. 256, Ch. 49, L. 2015.
MT Code § 85-9-207 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 2. Creation of Districts|85-9-207. Corporate nature of district

  85-9-207. Corporate nature of district. A district is a public corporation and a political subdivision of the state.   History: En. Sec. 3, Ch. 100, L. 1969; amd. Sec. 183, Ch. 253, L. 1974; amd. Sec. 71, Ch. 566, L. 1977; R.C.M. 1947, 89-3403(part).
MT Code § 85-9-208 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 2. Creation of Districts|85-9-208. Filing of documents after organization

  85-9-208. Filing of documents after organization. Sooner than 31 days after the district has been decreed organized, the clerk of the court shall transmit to the secretary of state, the department, and to the county clerk and recorder in each of the counties having lands in the district copies of the election results, the decree of the court incorporating the district, and a description of the boundaries of the district. Copies of the same documents shall be filed in the office of the secretary of state in the same manner as articles of incorporation are required to be filed under the laws governing corporations. Copies shall also be filed in the office of the county clerk and recorder of each county in which a part of the district may be. The clerk and recorder of each county where the articles are filed and the secretary of state shall collect filing fees as provided by law.   History: En. Sec. 10, Ch. 100, L. 1969; amd. Sec. 188, Ch. 253, L. 1974; R.C.M. 1947, 89-3410.
MT Code § 85-9-209 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 2. Creation of Districts|85-9-209. Reimbursement of expenses of organizing election

  85-9-209. Reimbursement of expenses of organizing election. If organized, the district shall reimburse the county or counties for the expenses incurred in the organizing election. The costs of conducting the preliminary and feasibility studies shall be considered costs of construction of an approved project and shall be included in determination of the repayment schedules by the directors of the district.   History: En. Sec. 11, Ch. 100, L. 1969; amd. Sec. 1, Ch. 18, L. 1973; R.C.M. 1947, 89-3411.
MT Code § 85-9-301 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 3. Dissolution of Districts|85-9-301. Procedure for dissolution of district

  85-9-301. Procedure for dissolution of district. (1) The procedure for dissolution of a district is:   (a) a resolution shall be passed by the directors requesting dissolution;   (b) a petition signed by 20% of the electors representing 10% of the taxable valuation of real property in the district shall be presented to the directors; or   (c) if the district or its directors have been inactive for 1 year or more, any elector may present a petition.   (2) The resolution or petition shall be presented to the court by the directors or by the petitioners if the directors remain inactive.   (3) Not more than one resolution or petition may be presented to the court in any 24-month period, and no such petition may be presented during the first 24 months after a district's initial organization.   History: En. Sec. 42, Ch. 100, L. 1969; R.C.M. 1947, 89-3442.
MT Code § 85-9-302 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 3. Dissolution of Districts|85-9-302. Dissolution election

  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.   History: En. Sec. 43, Ch. 100, L. 1969; R.C.M. 1947, 89-3443; amd. Sec. 257, Ch. 49, L. 2015.
MT Code § 85-9-303 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 3. Dissolution of Districts|85-9-303. Termination plan -- court jurisdiction

  85-9-303. Termination plan -- court jurisdiction. (1) In the event the vote is for dissolution, any qualified elector or the board of directors of the district may, within the time fixed by the court, present a written plan for terminating the affairs of the district which shall include assignment of any water rights and works owned by the district.   (2) The plan may specify that the affairs of the district shall be terminated by the directors or by a receiver appointed by the court.   (3) On a day fixed by the court, the court shall consider the plan or plans and shall enter an order establishing a plan for the termination of the affairs.   (4) The court shall retain jurisdiction to modify the plan and shall supervise the termination.   History: En. Sec. 44, Ch. 100, L. 1969; R.C.M. 1947, 89-3444.
MT Code § 85-9-304 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 3. Dissolution of Districts|85-9-304. Appointment of receiver -- assessments

  85-9-304. Appointment of receiver -- assessments. (1) If a plan is not presented on or before the date set by the court, the court shall appoint a receiver to terminate the affairs of the district under the supervision of the court.   (2) Upon the appointment of a receiver, all authority of the directors ceases. However, until dissolution, the receiver has authority to levy assessments for:   (a) the payment of obligations of the district; and   (b) the costs of termination.   (3) The directors or, if there is a receiver, the receiver, with the approval of the court, shall make assessments each year in an amount large enough to retire the obligations of the district.   (4) If a receiver has been appointed, the receiver shall direct, under court supervision, the disposition of all assessments collected.   History: En. Sec. 45, Ch. 100, L. 1969; R.C.M. 1947, 89-3445; amd. Sec. 2819, Ch. 56, L. 2009.
MT Code § 85-9-305 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 3. Dissolution of Districts|85-9-305. Entry of dissolution order

  85-9-305. Entry of dissolution order. (1) The court shall enter an order dissolving the district when it appears to the satisfaction of the court that:   (a) all obligations of the district have been discharged;   (b) all the costs of termination have been paid.   (2) A certified copy of the order shall be recorded by the clerk of the court in all counties in which the district was situated and filed with the secretary of state.   History: En. Sec. 46, Ch. 100, L. 1969; R.C.M. 1947, 89-3446.
MT Code § 85-9-306 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 3. Dissolution of Districts|85-9-306. County general funds to receive funds remaining after dissolution

  85-9-306. County general funds to receive funds remaining after dissolution. All funds remaining after dissolution of a district shall be deposited in the general fund of the counties in which the district is located in proportion to the taxable value of property within the district in each county.   History: En. Sec. 47, Ch. 100, L. 1969; R.C.M. 1947, 89-3447.
MT Code § 85-9-401 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 4. Organization and Procedure|85-9-401. District directors -- appointment, term of office, vacancies, first meeting, and bond

  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.   History: En. Sec. 12, Ch. 100, L. 1969; R.C.M. 1947, 89-3412; amd. Sec. 2820, Ch. 56, L. 2009.
MT Code § 85-9-402 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 4. Organization and Procedure|85-9-402. Officers and meetings

  85-9-402. Officers and meetings. (1) The directors shall select from among themselves a presiding officer, vice presiding officer, secretary, and other necessary officers. The directors shall adopt bylaws and rules for the conduct of meetings. All official acts of the directors must be entered in a book of minutes to be kept by the secretary.   (2) The directors shall establish times for regular meetings and may hold special meetings upon the call of the presiding officer or any two members and, except in case of emergency, upon at least 3 days' notice of the time, place, and purpose of the meeting.   History: En. Sec. 13, Ch. 100, L. 1969; R.C.M. 1947, 89-3413; amd. Sec. 2821, Ch. 56, L. 2009.
MT Code § 85-9-403 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 4. Organization and Procedure|85-9-403. Directors' powers -- conduct of business

  85-9-403. Directors' powers -- conduct of business. On behalf of the district, the directors may:   (1) adopt an official seal;   (2) sue and be sued;   (3) provide for reimbursing of their members for actual expenses;   (4) merge with other special districts as hereinafter provided;   (5) call upon the county attorney or attorney general for such legal services as the district may require or, in the discretion of the directors, employ private legal counsel.   History: En. Sec. 14, Ch. 100, L. 1969; R.C.M. 1947, 89-3414(1), (2), (5), (9), (11).
MT Code § 85-9-404 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 4. Organization and Procedure|85-9-404. Directors' powers to adopt rules

  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.   History: En. Sec. 14, Ch. 100, L. 1969; R.C.M. 1947, 89-3414(3).
MT Code § 85-9-405 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 4. Organization and Procedure|85-9-405. Directors' powers over property

  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.   History: En. Sec. 14, Ch. 100, L. 1969; R.C.M. 1947, 89-3414(4), (6) thru (8), (10), (18).
MT Code § 85-9-406 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 4. Organization and Procedure|85-9-406. Directors' powers over finance

  85-9-406. Directors' powers over finance. On behalf of the district, the directors may:   (1) borrow money and incur indebtedness and issue bonds to finance works as provided by this chapter;   (2) in addition to all voted indebtedness, borrow money as necessary, but the amount may not at any one time exceed 0.23% of the total assessed value of taxable real property, determined as provided in 15-8-111, within the district, as ascertained by the last assessment for state and county taxes prior to the issuance of the bonds;   (3) mortgage property owned by the district if the terms of the mortgage are not inconsistent with the provisions of a resolution authorizing the sale of bonds;   (4) use any surplus funds to purchase outstanding bonds;   (5) refund bonded indebtedness incurred by the district as provided by this chapter;   (6) after a hearing held in accordance with 85-9-602, make assessments sufficient to meet the budgetary requirements for the coming year.   History: En. Sec. 14, Ch. 100, L. 1969; R.C.M. 1947, 89-3414(13) thru (15), (22) thru (24); amd. Sec. 32, Ch. 29, L. 2001.
MT Code § 85-9-407 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 4. Organization and Procedure|85-9-407. Fees and charges

  85-9-407. Fees and charges. On behalf of the district, the directors may:   (1) fix and revise, from time to time, and collect rates, fees, and other charges for the services, facilities, or water furnished by the district to any person;   (2) withhold the delivery of water upon which there are any defaults or delinquencies of payment and otherwise dispose of that water while the default or delinquency continues.   History: En. Sec. 14, Ch. 100, L. 1969; R.C.M. 1947, 89-3414(12), (17).
MT Code § 85-9-408 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 4. Organization and Procedure|85-9-408. Contracts and agreements by directors

  85-9-408. Contracts and agreements by directors. On behalf of the district, the directors may:   (1) contract for service, for water furnished, or for the sale of water with any person;   (2) cooperate with; accept grants, loans, and other assistance from; act as agent for; and enter into agreements with any and all state or federal agencies and exercise all necessary or convenient powers in connection therewith;   (3) enter into any obligation or contract with an agency of the federal government for the construction, operation, and maintenance of works or for the assumption as principal or guarantor of indebtedness to the United States on account of district lands under the provisions of the federal reclamation act and rules established under that act or contract with an agency of the federal government for a water supply under any federal act providing for or permitting such a contract. However, the action must be approved by a majority of the electors voting at an election conducted in accordance with Title 13, chapter 1, part 5. If a contract is made with an agency of the federal government, the directors may deposit bonds of the district with the United States at 90% of their par value to secure the amount to be paid by the district to the United States under any contract. The interest on the bonds of the district to be applied as specified by the contract. If bonds of the district are deposited with the United States, it is the duty of the directors to make an assessment sufficient to meet all payments accruing under the terms of any contract with the United States.   (4) accept appointment of the district as fiscal agent for the United States or authorization of the district to make collections of moneys for or on behalf of the United States in connection with any federal reclamation projects, and the district is authorized to act and to assume the duties and liabilities incident to this action. However, the action must be approved by a majority of the electors voting at an election conducted in accordance with Title 13, chapter 1, part 5. The directors may do all things required by federal statutes and rules and require prompt payment of all charges as a prerequisite to water service.   (5) make contracts incidental to the performance of the district's functions and employ and fix the compensation of employees, agents, or consultants as are deemed necessary, including but not limited to a manager, attorneys, accountants, engineers, construction and financial experts; or   (6) cooperate with soil and water conservation districts to obtain agreements to carry out soil conservation measures and proper farm plans from owners of lands situated in the drainage area above each retention reservoir to be installed with federal assistance.   History: En. Sec. 14, Ch. 100, L. 1969; R.C.M. 1947, 89-3414(16), (19) thru (21), (25), (26); amd. Sec. 258, Ch. 49, L. 2015.
MT Code § 85-9-409 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 4. Organization and Procedure|85-9-409. Participation in federal programs

  85-9-409. Participation in federal programs. A district organized under this chapter, by itself or in conjunction with others as a sponsoring organization, may participate in all federal programs, including but not limited to the Watershed Protection and Flood Prevention Act of 1954 (68 Stat. 666), the federal Water Project Recreation Act of 1965 (79 Stat. 213), the federal Reclamation Act of 1902 (32 Stat. 388), and amendments to those acts.   History: En. Sec. 15, Ch. 100, L. 1969; amd. Sec. 189, Ch. 253, L. 1974; R.C.M. 1947, 89-3415.
MT Code § 85-9-410 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 4. Organization and Procedure|85-9-410. Condemnation authorized

  85-9-410. Condemnation authorized. The district may exercise the right of eminent domain, as provided in Title 70, chapter 30, when the taking is necessary for the purposes of the district. Water rights are not subject to taking but may be taken as an incident to the condemnation of land to which the water rights are appurtenant when the taking of the land is the principal purpose of the condemnation.   History: En. Sec. 20, Ch. 100, L. 1969; R.C.M. 1947, 89-3420; amd. Sec. 108, Ch. 125, L. 2001.
MT Code § 85-9-411 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 4. Organization and Procedure|85-9-411. Annual report of directors' activities

  85-9-411. Annual report of directors' activities. Before August 1 of each year, the directors shall send a written report of their activities during the previous fiscal year to the court and to the department. Reports shall be in the form and contain the information prescribed by the department.   History: En. Sec. 21, Ch. 100, L. 1969; amd. Sec. 190, Ch. 253, L. 1974; R.C.M. 1947, 89-3421.
MT Code § 85-9-412 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 4. Organization and Procedure|85-9-412. through 85-9-420 reserved

  85-9-412 through 85-9-420 reserved.
MT Code § 85-9-421 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 4. Organization and Procedure|85-9-421. Persons entitled to vote

  85-9-421. Persons entitled to vote. (1) Only persons who are taxpayers upon and owners of real property located within the district and whose names appear upon the last-completed assessment roll of some county within the district for state, county, and school district taxes are electors and are entitled to vote in elections, provided that:   (a) an elector need not reside within the district in order to vote;   (b) when a corporation owns taxable real property within the boundaries of the conservancy district, the authorized agent of the corporation is entitled to cast a vote on behalf of the corporation;   (c) when land is under contract of sale to a purchaser and the contract is recorded, only the purchaser has the right to vote;   (d) guardians, executors, administrators, and trustees of real property within the district are entitled to cast the vote for the owner of the land.   (2) When voting, an agent of a corporation or of co-owners or a guardian, executor, administrator, trustee, or purchaser under contract of sale may be required to show the person's authority by the judges of the election.   History: En. Sec. 23, Ch. 100, L. 1969; R.C.M. 1947, 89-3423; amd. Sec. 2822, Ch. 56, L. 2009.
MT Code § 85-9-422 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 4. Organization and Procedure|85-9-422. Repealed

  85-9-422. Repealed. Sec. 262, Ch. 49, L. 2015.   History: En. Sec. 24, Ch. 100, L. 1969; R.C.M. 1947, 89-3424; amd. Sec. 374, Ch. 571, L. 1979.
MT Code § 85-9-423 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 4. Organization and Procedure|85-9-423. Repealed

  85-9-423. Repealed. Sec. 407, Ch. 571, L. 1979.   History: En. Sec. 25, Ch. 100, L. 1969; amd. Sec. 49, Ch. 460, L. 1977; R.C.M. 1947, 89-3425.