reglab/housing_qa huggingface dataset:
MT Code § 3-7-211 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 7. Water Courts|Part 2. Water Judges|3-7-211. Appointment of water commissioners

  3-7-211. Appointment of water commissioners. Except as provided in 85-20-1902, the district court having jurisdiction over the hydrologically interrelated portion of a water division, as described in 85-2-231(3), in which the controversy arises may appoint and supervise a water commissioner as provided for in Title 85, chapter 5.   History: En. Sec. 6, Ch. 697, L. 1979; amd. Sec. 2, Ch. 604, L. 1989; amd. Sec. 2, Ch. 16, L. 1991; amd. Sec. 3, Ch. 294, L. 2015.
MT Code § 3-7-212 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 7. Water Courts|Part 2. Water Judges|3-7-212. Enforcement of decrees

  3-7-212. Enforcement of decrees. The district court having jurisdiction may enforce the provisions of a final decree. In the absence of any final decree having been issued, the district court having jurisdiction may enforce the provisions of a temporary preliminary decree, preliminary decree, or supplemental preliminary decree entered under 85-2-231, as modified by a water judge after objections and hearings.   History: En. Sec. 6, Ch. 697, L. 1979; amd. Sec. 3, Ch. 604, L. 1989; amd. Sec. 1, Ch. 338, L. 2017.
MT Code § 3-7-213 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 7. Water Courts|Part 2. Water Judges|3-7-213. Repealed

  3-7-213. Repealed. Sec. 8, Ch. 604, L. 1989.   History: En. Sec. 6, Ch. 697, L. 1979; amd. Sec. 3, Ch. 80, L. 1981; amd. Sec. 6, Ch. 651, L. 1987.
MT Code § 3-7-214 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 7. Water Courts|Part 2. Water Judges|3-7-214. through 3-7-220 reserved

  3-7-214 through 3-7-220 reserved.
MT Code § 3-7-221 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 7. Water Courts|Part 2. Water Judges|3-7-221. Appointment of chief water judge and associate water judge -- terms of office

  3-7-221. Appointment of chief water judge and associate water judge -- terms of office. (1) The chief justice of the Montana supreme court shall appoint a chief water judge as provided in Title 3, chapter 1, part 9. The chief justice of the Montana supreme court may appoint an associate water judge.  (2) To be eligible for the office of chief water judge or associate water judge, a person shall have the qualifications for district court or supreme court judges found in Article VII, section 9, of the Montana constitution.   (3) The term of office of the chief water judge and the associate water judge is 4 years, subject to continuation of the water divisions by the legislature.   History: En. Sec. 1, Ch. 442, L. 1981; amd. Sec. 7, Ch. 651, L. 1987; amd. Sec. 3, Ch. 335, L. 2011; amd. Sec. 9, Ch. 62, L. 2021.
MT Code § 3-7-222 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 7. Water Courts|Part 2. Water Judges|3-7-222. Salary -- office space

  3-7-222. Salary -- office space. (1) The chief water judge and the associate water judge must receive the same salary and expense allowance as provided for district judges in 3-5-211.   (2) The office of the chief water judge and the associate water judge must be at the location designated by the chief justice of the Montana supreme court. The Montana supreme court shall provide in its budget for the salary, expenses, and office and staff requirements of the chief water judge and the associate water judge. Money may be appropriated by the legislature from the general fund for these purposes.   History: En. Sec. 2, Ch. 442, L. 1981; amd. Sec. 2, Ch. 389, L. 1999; amd. Sec. 4, Ch. 335, L. 2011.
MT Code § 3-7-223 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 7. Water Courts|Part 2. Water Judges|3-7-223. Duties of chief water judge

  3-7-223. (Temporary) Duties of chief water judge. The chief water judge shall:   (1) administer the adjudication of existing water rights by:   (a) coordinating with the department of natural resources and conservation in compiling information submitted on water claim forms under Title 85, chapter 2, part 2, to ensure that the information is expeditiously and properly compiled and transferred to the water judge in each water division;   (b) ensuring that the water judge in each water division moves without unreasonable delay to enter the required preliminary decree; and   (c) ensuring that any contested or conflicting claims are tried and adjudicated as expeditiously as possible;   (2) conduct hearings in cases certified to the district court under 85-2-309;   (3) conduct proceedings for petitions for judicial review filed with the water court under 2-4-702;   (4) assign court personnel to divisions and duties as needed;   (5) assign the associate water judge to divisions and cases as needed; and   (6) request and secure the transfer of water judges between divisions as needed. (Terminates September 30, 2025--sec. 6, Ch. 126, L. 2017.)   3-7-223. (Effective October 1, 2025) Duties of chief water judge. The chief water judge shall:   (1) administer the adjudication of existing water rights by:   (a) coordinating with the department of natural resources and conservation in compiling information submitted on water claim forms under Title 85, chapter 2, part 2, to assure that the information is expeditiously and properly compiled and transferred to the water judge in each water division;   (b) assuring that the water judge in each water division moves without unreasonable delay to enter the required preliminary decree;   (c) assuring that any contested or conflicting claims are tried and adjudicated as expeditiously as possible;   (2) conduct hearings in cases certified to the district court under 85-2-309;   (3) assign court personnel to divisions and duties as needed;   (4) assign the associate water judge to divisions and cases as needed; and   (5) request and secure the transfer of water judges between divisions as needed.   History: En. Sec. 3, Ch. 442, L. 1981; amd. Sec. 1, Ch. 256, L. 1983; amd. Sec. 2, Ch. 596, L. 1985; amd. Sec. 6, Ch. 335, L. 2011; amd. Sec. 2, Ch. 126, L. 2017.
MT Code § 3-7-224 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 7. Water Courts|Part 2. Water Judges|3-7-224. Jurisdiction of chief water judge and associate water judge

  3-7-224. (Temporary) Jurisdiction of chief water judge and associate water judge. (1) The chief water judge and the associate water judge may, at the discretion of the chief justice of the Montana supreme court, also serve as water judge for one of the water divisions.   (2) The chief water judge and the associate water judge have jurisdiction over cases certified to the district court under 85-2-309, all matters relating to the determination of existing water rights within the boundaries of the state of Montana, and all petitions for judicial review filed with the water court under 2-4-702.   (3) With regard to the consideration of a matter within the chief water judge's jurisdiction, the chief water judge and the associate water judge have the same powers as a district court judge. The chief water judge and the associate water judge may issue orders, on the motion of an interested party or on the judge's own motion, that may reasonably be required to allow the judge to fulfill the judge's responsibilities, including but not limited to requiring the joinder of persons not parties to the administrative hearing being conducted by the department pursuant to 85-2-309 or 85-2-402 as considered necessary to resolve any factual or legal issue certified pursuant to 85-2-309(2). (Terminates September 30, 2025--sec. 6, Ch. 126, L. 2017.)   3-7-224. (Effective October 1, 2025) Jurisdiction of chief water judge and associate water judge. (1) The chief water judge and the associate water judge may, at the discretion of the chief justice of the Montana supreme court, also serve as water judge for one of the water divisions.   (2) The chief water judge and the associate water judge have jurisdiction over cases certified to the district court under 85-2-309 and all matters relating to the determination of existing water rights within the boundaries of the state of Montana.   (3) With regard to the consideration of a matter within the chief water judge's jurisdiction, the chief water judge and the associate water judge have the same powers as a district court judge. The chief water judge and the associate water judge may issue orders, on the motion of an interested party or on the judge's own motion, that may reasonably be required to allow the judge to fulfill the judge's responsibilities, including but not limited to requiring the joinder of persons not parties to the administrative hearing being conducted by the department pursuant to 85-2-309 or 85-2-402 as considered necessary to resolve any factual or legal issue certified pursuant to 85-2-309(2).   History: En. Sec. 4, Ch. 442, L. 1981; amd. Sec. 3, Ch. 596, L. 1985; amd. Sec. 187, Ch. 61, L. 2007; amd. Sec. 7, Ch. 335, L. 2011; amd. Sec. 3, Ch. 126, L. 2017.
MT Code § 3-7-225 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 7. Water Courts|Part 2. Water Judges|3-7-225. Duties of associate water judge

  3-7-225. (Temporary) Duties of associate water judge. The duties of the associate water judge are the same as those assigned to the chief water judge pursuant to 3-7-223(1) through (3). (Terminates September 30, 2025--sec. 6, Ch. 126, L. 2017.)   3-7-225. (Effective October 1, 2025) Duties of associate water judge. The duties of the associate water judge are the same as those assigned to the chief water judge pursuant to 3-7-223(1) and (2).   History: En. Sec. 5, Ch. 335, L. 2011; amd. Sec. 4, Ch. 126, L. 2017.
MT Code § 3-7-301 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 7. Water Courts|Part 3. Water Masters|3-7-301. Appointment of water masters -- removal

  3-7-301. Appointment of water masters -- removal. (1) The chief water judge or the water judge in each water division may appoint one or more water masters.   (2) A water master may be appointed after July 1, 1980, and must be appointed on or before July 1, 1982.   (3) In appointing a water master, the water judge shall consider a potential master's experience with water law, water use, and water rights.   (4) A water master shall serve at the pleasure of the chief water judge and may be removed by the chief water judge.   (5) A water master may serve in any water division and may be moved among the water divisions at the discretion of the chief water judge.   History: En. Sec. 3, Ch. 697, L. 1979; amd. Sec. 2, Ch. 268, L. 1981; amd. Sec. 2, Ch. 256, L. 1983.
MT Code § 3-7-302 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 7. Water Courts|Part 3. Water Masters|3-7-302. Repealed

  3-7-302. Repealed. Sec. 1, Ch. 356, L. 2003.   History: En. Sec. 4, Ch. 697, L. 1979; amd. Sec. 3, Ch. 389, L. 1999.
MT Code § 3-7-303 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 7. Water Courts|Part 3. Water Masters|3-7-303. through 3-7-310 reserved

  3-7-303 through 3-7-310 reserved.
MT Code § 3-7-311 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 7. Water Courts|Part 3. Water Masters|3-7-311. Duties of water masters

  3-7-311. Duties of water masters. (1) The water master has the general powers given to a master by Rule 53(c), M.R.Civ.P.   (2) Within a reasonable time after June 30, 1983, the water master shall issue a report to the water judge meeting the requirements for the preliminary decree as specified in 85-2-231.   (3) After a water judge issues a preliminary decree, the water master shall assist the water judge in the performance of the water division's further duties as ordered by the water judge.   (4) A water master may be appointed by a district court to serve as a special master to a district court for actions brought pursuant to 85-2-114(1) or (3) or 85-5-301 if the appointment is approved by the chief water judge.   History: En. Sec. 5, Ch. 697, L. 1979; amd. Sec. 1, Ch. 103, L. 2009.
MT Code § 3-7-401 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 7. Water Courts|Part 4. Disqualification|3-7-401. Definitions

  3-7-401. Definitions. For the purposes of this part, the following definitions apply:   (1) "Fiduciary" includes such relationships as executor, administrator, trustee, or guardian.   (2) "Financial interest" means ownership of a legal or equitable interest, however small, or a relationship as director, advisor, or other active participant in the affairs of a party, except that:   (a) ownership in a mutual or common investment fund that holds securities is not a financial interest in such securities unless the judge or water master participates in the management of the fund;   (b) an office in an educational, religious, charitable, fraternal, or civic organization is not a financial interest in securities held by the organization;   (c) the proprietary interest of a policyholder in a mutual insurance company or a depositor in a mutual savings association or a similar proprietary interest is a financial interest in the organization only if the outcome of the proceeding could substantially affect the value of the interest; and   (d) ownership of government securities is a financial interest in the issuer only if the outcome of the proceeding could substantially affect the value of the securities.   (3) "Proceeding" includes prehearing, hearing, appellate review, or other stages of adjudication conducted by the water master or water judge.   History: En. Sec. 7, Ch. 697, L. 1979.
MT Code § 3-7-402 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 7. Water Courts|Part 4. Disqualification|3-7-402. Disqualification of water judge or master

  3-7-402. Disqualification of water judge or master. (1) A water judge may withdraw or may disqualify the water master in any proceeding or pertinent portion of a proceeding in which the judge's or the water master's impartiality might reasonably be questioned.   (2) A water judge may also withdraw or may disqualify the water master in the following circumstances:   (a) if the judge or the water master has a personal bias or prejudice concerning a party of personal knowledge or disputed evidentiary facts concerning the proceeding;   (b) if in private practice the judge or the water master served as a lawyer in the matter in controversy or a lawyer with whom the judge or the water master previously practiced law served during the association as a lawyer concerning the matter or the judge or the lawyer has been a material witness concerning it;   (c) if the judge or the water master has served in governmental employment and in that capacity participated as counsel, adviser, or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy;   (d) if the judge or the water master knows that the judge or the water master, individually or as a fiduciary, or the judge's or the water master's spouse or minor child residing in the judge's or the water master's household has a financial interest in the subject matter in controversy or in a party to the proceeding or any other interest that could be substantially affected by the outcome of the proceeding; or   (e) if the judge or the water master or the judge's or the water master's spouse or a person within the third degree of relationship to any of them (as calculated according to 72-11-101 through 72-11-104) or the spouse of such a person:   (i) is a party to the proceeding or an officer, director, or trustee of a party;   (ii) is known by the judge or water master to have an interest that could be substantially affected by the outcome of the proceeding;   (iii) is to the judge's or water master's knowledge likely to be a material witness in the proceeding.   (3) A water judge should be informed about the judge's and the water master's personal and fiduciary financial interests and make a reasonable effort to be informed about the personal financial interests of the judge's and the water master's spouse and minor children residing in the judge's or the water master's respective household.   History: En. Sec. 7, Ch. 697, L. 1979; amd. Sec. 1, Ch. 494, L. 1993.
MT Code § 3-7-403 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 7. Water Courts|Part 4. Disqualification|3-7-403. Waiver of disqualification

  3-7-403. Waiver of disqualification. A water judge may accept from the parties to the proceeding a waiver of any ground for disqualification if it is preceded by a full disclosure on the record of the basis for disqualification.   History: En. Sec. 7, Ch. 697, L. 1979.
MT Code § 3-7-404 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 7. Water Courts|Part 4. Disqualification|3-7-404. Procedure exclusive

  3-7-404. Procedure exclusive. The procedure for disqualification of a water judge or water master specified in this section is exclusive unless otherwise specifically altered by the Montana supreme court.   History: En. Sec. 7, Ch. 697, L. 1979.
MT Code § 3-7-501 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 7. Water Courts|Part 5. Jurisdiction|3-7-501. Jurisdiction

  3-7-501. Jurisdiction. (1) The jurisdiction of each judicial district concerning the determination and interpretation of cases certified to the court under 85-2-309 or of existing water rights is exercised exclusively by it through the water division or water divisions that contain the judicial district wholly or partly.   (2) A water judge may not preside over matters concerning the determination and interpretation of cases certified to the court under 85-2-309 or of existing water rights beyond the boundaries specified in 3-7-102 for the judge's division except as provided in 3-7-201.   (3) The water judge for each division shall exercise jurisdiction over all matters concerning cases certified to the court under 85-2-309 or concerning the determination and interpretation of existing water rights within the judge's division as specified in 3-7-102 that are considered filed in or transferred to a judicial district wholly or partly within the division.   (4) The determination and interpretation of existing water rights includes, without limitation, the adjudication of total or partial abandonment of existing water rights occurring at any time before the entry of the final decree.   History: En. Secs. 1, 6, Ch. 697, L. 1979; amd. Sec. 4, Ch. 80, L. 1981; amd. Sec. 4, Ch. 596, L. 1985; amd. Sec. 4, Ch. 604, L. 1989; amd. Sec. 1, Ch. 174, L. 1997.
MT Code § 3-7-502 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 7. Water Courts|Part 5. Jurisdiction|3-7-502. Jurisdictional disputes

  3-7-502. Jurisdictional disputes. Whenever a question arises concerning which water judge shall preside over adjudication of a matter concerning a case certified to the court under 85-2-309 or the determination and interpretation of existing water rights, the question shall be settled by the water judges involved.   History: En. Sec. 2, Ch. 697, L. 1979; amd. Sec. 5, Ch. 596, L. 1985.
MT Code § 3-10-101 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 10. Justices' Courts|Part 1. General Provisions|3-10-101. Number and location of justices' courts -- authorization to combine with city court -- justice's court of record

  3-10-101. Number and location of justices' courts -- authorization to combine with city court -- justice's court of record. (1) There must be at least one justice's court in each county of the state, which must be located at the county seat. The board of county commissioners shall designate the number of justices in each justice's court.   (2) The board of county commissioners of each county of the state may establish:   (a) one additional justice's court located anywhere in the county; and   (b) one additional justice's court located in each city having a population of over 5,000, as provided in subsection (3).   (3) A city having a population of over 5,000 may, by resolution, request the board of county commissioners to constitute a justice's court in the city. A justice's court must be established in the city if the board of county commissioners approves the request by resolution.   (4) A justice of the peace of a court established pursuant to subsection (3) may act as the city judge upon passage of a city ordinance authorizing the action and upon approval of the ordinance by resolution of the board of county commissioners. If the ordinance and resolution are passed, the city and the county shall enter into an agreement for proportionate payment of the justice's salary, as established under 3-10-207 and 3-11-202, and for proportionate reimbursement for the use of facilities.   (5) A county may establish the justice's court as a court of record. If the justice's court is established as a court of record, it must be known as a "justice's court of record" and, in addition to the provisions of this chapter, is also subject to the provisions of 3-10-115 and 3-10-116. The court's proceedings must be recorded by electronic recording or stenographic transcription and all papers filed in a proceeding must be included in the record. A justice's court of record may be established by a resolution of the county commissioners or pursuant to 7-5-131 through 7-5-135 and 7-5-137.   History: En. Sec. 60, C. Civ. Proc. 1895; re-en. Sec. 6279, Rev. C. 1907; re-en. Sec. 8833, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 85; re-en. Sec. 8833, R.C.M. 1935; amd. Sec. 4, Ch. 491, L. 1973; amd. Sec. 1, Ch. 23, L. 1974; amd. Sec. 1, Ch. 276, L. 1974; amd. Sec. 9, Ch. 420, L. 1975; R.C.M. 1947, 93-401(part); amd. Sec. 1, Ch. 56, L. 1981; amd. Sec. 3, Ch. 393, L. 1999; amd. Sec. 5, Ch. 389, L. 2003; amd. Sec. 4, Ch. 557, L. 2005; amd. Sec. 14, Ch. 49, L. 2015.
MT Code § 3-10-102 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 10. Justices' Courts|Part 1. General Provisions|3-10-102. When courts open

  3-10-102. When courts open. A justice's court is always open for the transaction of business, except on legal holidays and nonjudicial days.   History: En. Sec. 61, C. Civ. Proc. 1895; re-en. Sec. 6280, Rev. C. 1907; re-en. Sec. 8834, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 104; amd. Sec. 1, Ch. 92, L. 1933; re-en. Sec. 8834, R.C.M. 1935; amd. Sec. 6, Ch. 491, L. 1973; amd. Sec. 3, Ch. 276, L. 1974; R.C.M. 1947, 93-402.
MT Code § 3-10-103 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 10. Justices' Courts|Part 1. General Provisions|3-10-103. County to provide facilities

  3-10-103. County to provide facilities. The board of county commissioners of the county in which the justice of the peace has been elected or appointed:   (1) shall provide for the justice's court:   (a) the office, courtroom, and clerical assistance necessary to enable the justice of the peace and the clerk of justice's court, if any, to conduct business in dignified surroundings;   (b) the books, records, forms, papers, stationery, postage, office equipment, and supplies necessary in the proper keeping of the records and files of the court and the transaction of the business; and   (c) the latest edition of the Montana Code Annotated and all official supplements; and   (2) may provide a clerk of justice's court.   History: En. Sec. 3, Ch. 491, L. 1973; R.C.M. 1947, 93-412(1); amd. Sec. 1, Ch. 6, L. 2001.
MT Code § 3-10-104 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 10. Justices' Courts|Part 1. General Provisions|3-10-104. through 3-10-110 reserved

  3-10-104 through 3-10-110 reserved.