reglab/housing_qa huggingface dataset:
MT Code § 85-8-623 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 6. Taxes and Assessments|85-8-623. Assessments not to be obstructed by preliminary defects

  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.   History: En. Sec. 99, Ch. 129, L. 1921; re-en. Sec. 7363, R.C.M. 1921; re-en. Sec. 7363, R.C.M. 1935; re-en. Sec. 7363, R.C.M. 1935; R.C.M. 1947, 89-2819.
MT Code § 85-8-701 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 7. Flood Control and Planning|85-8-701. Purpose of part

  85-8-701. Purpose of part. (1) The purpose of this part is to confer certain additional powers on drainage districts already created or to be created under the laws of the state of Montana for the purposes of cooperating with the government of the United States and landowners in flood prevention and the conservation, development, utilization, and disposal of water for the further development of the economy of this state and for the promotion of the public health and welfare.   (2) The purpose of this part is to enable existing drainage districts or newly created drainage districts as provided herein to enter into cooperative agreements and programs to carry out the purposes of Public Law 566, 83rd congress of the United States, or other laws of the national congress pertaining to flood prevention and the conservation, development, utilization, and disposal of water. This part is to be given a liberal construction to the end that these purposes may be carried out, and to this end all political subdivisions of the state of Montana, all agencies and departments of the state government, and all soil conservation districts are authorized to cooperate with, expend funds for, and enter into agreements with drainage districts and any agencies of the United States government for the purpose of carrying out the provisions of this part and Public Law 566, 83rd congress of the United States, or other laws of the national congress pertaining to flood prevention and the conservation, development, utilization, and disposal of water.   (3) None of the additional powers granted by this part shall be exercised except for the purpose of participating in projects or programs authorized under Public Law 566, 83rd congress of the United States, or other laws of the national congress pertaining to flood prevention and the conservation, development, utilization, and disposal of water.   History: En. Secs. 1, 5, Ch. 3, L. 1957; R.C.M. 1947, 89-2821, 89-2825.
MT Code § 85-8-702 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 7. Flood Control and Planning|85-8-702. Additional powers

  85-8-702. Additional powers. To the end that soil and water conservation measures may be improved, flood prevention and drainage programs strengthened, and the land and water economy of the state stabilized, the following additional powers are conferred upon presently existing drainage districts or new districts as created and established under this chapter and laws amendatory thereof and supplementary thereto:   (1) to carry out necessary measures for the prevention of floodwater and sediment damages and for the conservation, development, utilization, and disposal of water and to adopt necessary regulations, policies, and procedures to accomplish these ends, subject to the approval of the district court and on proper notice to interested parties as is provided for in the general statutes pertaining to drainage districts;   (2) to cooperate and enter into agreements to carry out the purposes of this part with (and to receive financial and other assistance from) state agencies and political subdivisions of the state, other organizations created under state laws, and the government of the United States and agencies thereof and to enter into agreements with (and to accept contributions from) private landowners for the purposes of this part;   (3) to construct, operate, and maintain such works of improvement, including structures and related measures, as are needed to carry out their broadened purposes as set forth herein, subject to the approval of the district court and on proper notice to interested parties as set forth in this chapter;   (4) to acquire lands, easements, and rights-of-way for sites for structures and for the flowage or impoundment of waters, such acquisitions for such purposes to be accomplished in the same manner and through the same powers and procedures as provided for under this chapter;   (5) to enlarge their boundaries to permit the construction of additional needed works of improvement or to construct additional needed works of improvement outside their boundaries, subject to approval of the district court and on proper notice to interested parties in the manner set forth in this chapter;   (6) to make assessments and issue bonds for carrying out the purposes of this part and for constructing, maintaining, and operating any structures or improvements established as provided herein, such assessments and bond issues to be made in the same manner and through the same procedures as under this chapter, including the right to extend annual installments for repayment of construction costs over a period of not more than 50 years and subject to the approval of the district court in the same manner and on the same notice to the interested parties as in the first instance of approving assessments, bond issues, and benefits.   History: En. Sec. 2, Ch. 3, L. 1957; R.C.M. 1947, 89-2822.
MT Code § 85-8-703 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 7. Flood Control and Planning|85-8-703. Petition for additional powers

  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.   History: En. Sec. 3, Ch. 3, L. 1957; R.C.M. 1947, 89-2823.
MT Code § 85-8-704 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 7. Flood Control and Planning|85-8-704. Organization of areas not within existing districts

  85-8-704. Organization of areas not within existing districts. In areas not presently within the boundaries of an existing drainage district, the landowners may proceed to organize a drainage district for carrying out the purposes of this part, and such organization of such district may be carried out for said purposes according to the procedure for organization of such districts set forth in this chapter. After organization such districts shall have all the powers vested by law in such districts.   History: En. Sec. 4, Ch. 3, L. 1957; R.C.M. 1947, 89-2824.
MT Code § 85-8-801 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 8. Miscellaneous Provisions|85-8-801. Continuation of existing districts

  85-8-801. Continuation of existing districts. All drain districts of the state of Montana organized prior to March 1, 1921, and continued in existence pursuant to section 100, Chapter 129, Laws of 1921, shall continue their existence as drain districts under and pursuant to all of the provisions of drainage district laws, and the commissioners of such drain districts shall have all the power and authority conferred by the drainage district laws upon the commissioners of drainage districts.   History: En. Sec. 7364B by Sec. 2, Ch. 97, L. 1931; re-en. Sec. 7364.2, R.C.M. 1935; amd. Sec. 44, Ch. 460, L. 1977; R.C.M. 1947, 89-2701.
MT Code § 85-8-802 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 8. Miscellaneous Provisions|85-8-802. Dividing older districts into three divisions

  85-8-802. Dividing older districts into three divisions. Ten percent of the adult owners or legally authorized agents or representatives of minor owners of lands within any drainage district heretofore created and organized and in existence on February 27,1925, may file a petition with the proper district court to have such district divided into divisions. Such court must thereupon make an order setting a day for hearing such petition and cause a copy of such order to be served on each of the commissioners of such district at least 5 days before the date set for such hearing. On the day fixed in such order (or on any day to which such hearing may be regularly continued) the court must hear such petition and, after such hearing, must make an order dividing such district into three divisions, as nearly equal in area as possible.   History: En. Sec. 16, Ch. 129, L. 1921; re-en. Sec. 7280, R.C.M. 1921; amd. Sec. 1, Ch. 50, L. 1925; re-en. Sec. 7280, R.C.M. 1935; R.C.M. 1947, 89-2217(part).
MT Code § 85-8-803 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 8. Miscellaneous Provisions|85-8-803. Waiver of defective service

  85-8-803. Waiver of defective service. In case of failure to serve any notice of any proceeding or hearing provided for in this chapter upon any person or corporation, such person or corporation may appear in open court and waive such defect of service or may waive it by filing in court or delivering to the commissioners of the drainage district, to be filed in court, a written waiver of such defect, in which waiver said defect shall be described, which waiver shall be signed by such party and witnessed and acknowledged before a proper officer having power to take acknowledgments of deeds.   History: En. Sec. 96, Ch. 129, L. 1921; re-en. Sec. 7360, R.C.M. 1921; re-en. Sec. 7360, R.C.M. 1935; R.C.M. 1947, 89-2816; MCA 1981, 85-8-621; redes. 85-8-803 by Code Commissioner, 1983.
MT Code § 85-9-101 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 1. General Provisions|85-9-101. Policy considerations

  85-9-101. Policy considerations. To provide for the conservation and development of the water and land resources of the state of Montana, conserve Montana's water for utilization for beneficial purposes within the state, and provide for the greatest beneficial use of water within this state, the organization of conservancy districts and the construction of works as defined by this chapter are a public use and will:   (1) be essentially for the public benefit and advantage of the people of Montana;   (2) benefit all industries of the state;   (3) encourage economic growth;   (4) indirectly benefit the state by increasing property valuations;   (5) directly benefit municipalities by providing adequate supplies of water for domestic uses;   (6) directly benefit lands irrigated or drained by works constructed;   (7) directly benefit lands now irrigated by stabilizing the flow of water in streams and by increasing the flow and return flow of water to those streams;   (8) enhance fish and wildlife habitat;   (9) improve recreational facilities; and   (10) promote the comfort, safety, and welfare of the people of Montana.   History: En. Sec. 1, Ch. 100, L. 1969; R.C.M. 1947, 89-3401.
MT Code § 85-9-102 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 1. General Provisions|85-9-102. Purpose of chapter

  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.   History: En. Sec. 2, Ch. 100, L. 1969; R.C.M. 1947, 89-3402.
MT Code § 85-9-103 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 1. General Provisions|85-9-103. Definitions

  85-9-103. Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:   (1) "Applicant" means a person residing within the boundaries of the proposed district and making a request for a study of the feasibility of forming a conservancy district.   (2) "Board of supervisors" means the board of supervisors of the soil and water conservation district in which the largest portion of the taxable valuation of real property of the proposed district is located.   (3) "Cost of works" means the cost of construction, acquisition, improvement, extension, and development of works, including financing charges, interest, and professional services.   (4) "Court" means the district court of the judicial district in which the largest portion of the taxable valuation of real property of the proposed district is located and within the county in which the largest portion of the taxable valuation of real property of the proposed district is located within the judicial district.   (5) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.   (6) "Directors" means the board of directors of a conservancy district.   (7) "District" means a conservancy district.   (8) "Elector" means a person qualified to vote under 85-9-421.   (9) "Owners" means the person or persons who appear as owners of record of the legal title to real property according to the county records, whether the title is held beneficially or in a fiduciary capacity, except that a person holding a title for purposes of security is not an owner and the owner for security may not affect the previous title for purposes of this chapter.   (10) "Person" means a natural person, firm, partnership, cooperative, association, public or private corporation, including the state of Montana or the United States, foundation, state agency or institution, county, municipality, district or other political subdivision of the state, federal agency or bureau, or any other legal entity.   (11) "Taxable valuation" is the value as defined in 15-8-111 and does not mean assessed valuation.   (12) "Works" means all property, rights, easements, franchises, and other facilities, including but not limited to land, reservoirs, dams, canals, dikes, ditches, pumping units, mains, pipelines, waterworks systems, recreational facilities, facilities for fish and wildlife, and facilities to control and correct pollution.   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); amd. Sec. 2818, Ch. 56, L. 2009; amd. Sec. 254, Ch. 49, L. 2015.
MT Code § 85-9-104 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 1. General Provisions|85-9-104. Limitations

  85-9-104. Limitations. (1) This chapter may not be construed to grant to the district the power to generate, distribute, or sell electrical energy.   (2) The provisions of this chapter do not abrogate or limit in any manner the rights, powers, duties, and functions of the department, conservation districts, the department of environmental quality, or the department of fish, wildlife, and parks, but are supplementary to and in aid of those rights, powers, duties, and functions.   History: (1)En. Sec. 48, Ch. 100, L. 1969; Sec. 89-3448, R.C.M. 1947; (2)En. Sec. 49, Ch. 100, L. 1969; amd. Sec. 193, Ch. 253, L. 1974; amd. Sec. 13, Ch. 417, L. 1977; amd. Sec. 50, Ch. 460, L. 1977; Sec. 89-3449, R.C.M. 1947; R.C.M. 1947, 89-3448, 89-3449; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 480, Ch. 418, L. 1995; amd. Sec. 77, Ch. 7, L. 2001.
MT Code § 85-9-201 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 2. Creation of Districts|85-9-201. Preliminary survey -- petition

  85-9-201. Preliminary survey -- petition. (1) To request a preliminary survey for a proposed conservancy district, the applicants shall present a written petition to the department.   (2) The petition shall:   (a) be signed by at least 10% of the registered voters residing within the boundaries of the proposed conservancy district;   (b) generally describe the proposed boundaries of the district;   (c) specify the purpose or purposes of the district;   (d) list the works contemplated;   (e) request that a preliminary survey be initiated.   (3) The department may initiate a preliminary survey without any prior written petition.   History: En. Sec. 4, Ch. 100, L. 1969; amd. Sec. 1, Ch. 19, L. 1973; R.C.M. 1947, 89-3404.
MT Code § 85-9-202 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 2. Creation of Districts|85-9-202. Action by department upon receipt of request

  85-9-202. Action by department upon receipt of request. (1) Within 11 days after the request is received, the department shall acknowledge the request.   (2) The department shall itself, through cooperating agencies, or together with cooperating agencies:   (a) consult with the board of supervisors and all persons who may participate in the proposed project;   (b) conduct a preliminary survey of the proposed district;   (c) estimate costs of works, maintenance, and operation;   (d) determine sources of financing;   (e) reach a tentative decision on the feasibility, desirability, and compatibility with the state water plan of the proposed district;   (f) adjust the boundaries of the proposed district to improve the feasibility, desirability, or consistency with the state water plan;   (g) within 1 year after receipt of the request, send a report of the preliminary survey to the applicants, the board of supervisors, the department of fish, wildlife, and parks, the department of environmental quality, and other affected state and federal resource agencies for their comments.   History: En. Sec. 5, Ch. 100, L. 1969; amd. Sec. 1, Ch. 302, L. 1971; amd. Sec. 184, Ch. 253, L. 1974; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 89-3405; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 481, Ch. 418, L. 1995.
MT Code § 85-9-203 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 2. Creation of Districts|85-9-203. Hearing by department

  85-9-203. Hearing by department. (1) On receipt of the preliminary survey report, the applicants or any one of them may request the department to hold a hearing. The department shall provide notice as required in 7-1-2121 and then hold the hearing no later than than 61 days after receipt of the request.   (2) If the department itself initiated the preliminary survey, it may hold a hearing without being requested to do so.   History: En. Sec. 6, Ch. 100, L. 1969; amd. Sec. 185, Ch. 253, L. 1974; R.C.M. 1947, 89-3406; amd. Sec. 255, Ch. 49, L. 2015.
MT Code § 85-9-204 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 2. Creation of Districts|85-9-204. Feasibility study and report -- adjustment of proposed boundaries

  85-9-204. Feasibility study and report -- adjustment of proposed boundaries. After the hearing, the applicants or any one of them may request the department to prepare a detailed feasibility study of the proposed district. If the department concludes that the proposed district is feasible, desirable, and consistent with the state water plan, it shall prepare a feasibility report and, within 1 year after receipt of the request, send copies to the applicants, if any, the department of fish, wildlife, and parks, the department of environmental quality, and other affected state and federal water resource agencies. For good cause shown, based upon the actual technical problems in completing the report, the department may use necessary additional time to complete and distribute the report. The detailed feasibility report must describe the proposed works and contain an estimate of the cost of the works, the means of financing, and the estimated costs of operation and maintenance. The department may adjust the boundaries of the proposed district to improve the feasibility, desirability, and consistency with the state water plan and to exclude land that would receive no direct or indirect benefits from the proposed district.   History: En. Sec. 7, Ch. 100, L. 1969; amd. Sec. 1, Ch. 303, L. 1971; amd. Sec. 186, Ch. 253, L. 1974; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 89-3407; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 482, Ch. 418, L. 1995.
MT Code § 85-9-205 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 9. Conservancy Districts|Part 2. Creation of Districts|85-9-205. Procedure for organization of district

  85-9-205. Procedure for organization of district. If in the opinion of the department the feasibility study shows that a district is feasible and consistent with the state water plan, the procedure for organization is the following:   (1) The department shall file a petition requesting organization with the court.   (2) The petition shall:   (a) state the name of the proposed district;   (b) give a legal description of the boundaries of the proposed district, excluding therefrom lands which would receive no direct or indirect benefits from the proposed district;   (c) describe the purposes of the district;   (d) describe the works;   (e) indicate the estimated cost of works, means of financing, and estimated costs of operation and maintenance;   (f) list the taxable valuation of real property in the proposed district, which must be $100,000 or more;   (g) describe the means of repaying capital costs;   (h) propose the persons who should be represented and the number of directors.   (3) The petition shall be signed by owners of at least 51% of the land outside the limits of an incorporated municipality and not fewer than 5% or 100, whichever is the lesser, of the persons who would qualify as electors within an incorporated municipality.   History: En. Sec. 8, Ch. 100, L. 1969; amd. Sec. 187, Ch. 253, L. 1974; R.C.M 1947, 89-3408.