reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1912. Exchange of water by board

85-7-1912. Exchange of water by board.
(1) Whenever any canal constructed, owned, or controlled by the district crosses any creek, stream, water channel, or watercourse, the water of which is used to irrigate land lying below the canal, the district may contract with the owner or owners of the right to the use of the water or waters in the stream, creek, water channel, or watercourse for an exchange of water and to supply the owner with water from the district system. The contract must be in writing, signed and acknowledged by all the parties before an officer authorized to take acknowledgments, and must be filed and recorded in the office of the clerk and recorder of the county in which the creek, stream, water channel, or watercourse is situated. The acknowledgment must be certified by the officer in the manner that deeds are required to be certified to entitle them to be recorded. After recording, the district may supply the land below the canal, whether the land is included in the district or not, with water from the works of the district, and the owner or lessee of the land must be furnished with the same quantity of water as that to which the owner or lessee would be entitled out of the creek, stream, water channel, or watercourse if the district works had not been built.
(2) The district may appropriate and take possession of the water replaced and has the same right to that water as the owner or lessee of the land had as long as the water is replaced by a like quantity of water from the works. The appropriating and taking of the water by the district may not deprive the owner or lessee of the right to retake and use the water if the owner or lessee at any time is prevented from having or using the same quantity of water from the works. The district also has the right to make appropriation and take possession of the water at any point and to sell, lease, or use the water on any land, either above or below the canal, and the appropriation of the water at any point or selling, leasing, or using the water may not prejudice the right of the district to the water and may not increase the rights of the owner or owners of any other water right on the creek, stream, water channel, or watercourse.
(3) All water, the right to the use of which is acquired by the district under any contract with the United States, must be distributed and apportioned by the district in accordance with the acts of congress, the rules and regulations of the secretary of the interior, and the provisions of the contract.
History: En. Sec. 36, Ch. 146, L. 1909; amd. Sec. 9, Ch. 145, L. 1915; re-en. Sec. 7206, R.C.M. 1921; re-en. Sec. 7206, R.C.M. 1935; R.C.M. 1947, 89-1611; amd. Sec. 2792, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1913. Board to maintain records

85-7-1913. Board to maintain records.
(1) The board of commissioners shall keep a complete book and record of the accounts, records, contracts, securities, minutes of meetings, and other matters of every kind pertaining to or belonging to the irrigation district in the form prescribed by the department of administration. The department of administration shall prescribe forms for the use of irrigation districts. The books and records must be open to the inspection of any landowner of the district the same as other public records.
(2) The books and records of irrigation districts are subject to audit in accordance with 2-7-503.
(3) If a district is appointed fiscal agent of the United States or is authorized by the United States to make collections for or on behalf of the United States in connection with a federal irrigation project, the board of commissioners or its secretary shall at any time allow any officer or employee of the United States, when acting under the orders of the secretary of the interior, to have access to all books, records, and vouchers of the district that are in possession or control of the secretary or board.
(4) The failure of the board of commissioners to comply with 85-7-1914 or this section is grounds for removal from office, and the county attorney of any county in which the irrigation district is situated shall prosecute ouster proceedings against any commissioner or commissioners. The cost of the proceedings is a charge against the irrigation district and must be paid as are other bills against the districts.
History: En. Sec. 65, Ch. 146, L. 1909; amd. Sec. 21, Ch. 145, L. 1915; amd. Sec. 1, Ch. 212, L. 1921; re-en. Sec. 7260, R.C.M. 1921; re-en. Sec. 7260, R.C.M. 1935; amd. Sec. 2, Ch. 195, L. 1945; amd. Sec. 4, Ch. 256, L. 1971; amd. Sec. 105, Ch. 348, L. 1974; amd. Sec. 52, Ch. 213, L. 1975; R.C.M. 1947, 89-2107(1), (2), (4); amd. Sec. 7, Ch. 274, L. 1981; amd. Sec. 1, Ch. 287, L. 1983; amd. Sec. 12, Ch. 179, L. 1995; amd. Sec. 215, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1914. Board to file annual report

85-7-1914. Board to file annual report.
The board of commissioners shall annually file with the county clerk and recorder of the county in which the district is located, within 10 days after March 1 of each year, a sworn report showing the assets and liabilities of the district, the amount of money received during the preceding year, and the amount spent during that time and shall publish the report at least once in a newspaper of the county.
History: En. Sec. 65, Ch. 146, L. 1909; amd. Sec. 21, Ch. 145, L. 1915; amd. Sec. 1, Ch. 212, L. 1921; re-en. Sec. 7260, R.C.M. 1921; re-en. Sec. 7260, R.C.M. 1935; amd. Sec. 2, Ch. 195, L. 1945; amd. Sec. 4, Ch. 256, L. 1971; amd. Sec. 105, Ch. 348, L. 1974; amd. Sec. 52, Ch. 213, L. 1975; R.C.M. 1947, 89-2107(3).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1921. Distribution system defined

85-7-1921. Distribution system defined.
The words "distribution system", as used in 85-7-1922 through 85-7-1925, denotes the entire works and property of all irrigation districts, including main ditches and canals, laterals, bilaterals, headgates, flumes, spillways, boxes, and all other appliances and means by which the waters of any irrigation district, including a subdistrict in the district, are or shall be apportioned or distributed for use.
History: En. Sec. 1, Ch. 63, L. 1935; re-en. Sec. 7207.1, R.C.M. 1935; R.C.M. 1947, 89-1613; amd. Sec. 13, Ch. 439, L. 1989.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1922. Regulation, supervision, apportionment, and control of water distribution

85-7-1922. Regulation, supervision, apportionment, and control of water distribution.
(1) In addition to all other powers granted them by the laws of Montana, boards of commissioners of all irrigation districts organized under any law of this state may regulate, supervise, apportion, and control the furnishing and delivery of water through the distribution system of the district. The authority to regulate, supervise, apportion, and control does not apply to users who have water rights or ditch rights, established, acquired by court decree, use, appropriation or otherwise, at the time or prior to the organization of the district, without regard to whether the distribution system or a portion of the system belongs to the district or to the owner of lands served by the district.
(2) Notwithstanding the provisions of 85-7-1921 and the powers granted to the board of commissioners under subsection (1) of this section, the irrigation district is not required to:
(a) construct, operate, or maintain internal delivery systems; or
(b) divide irrigation water after the water is delivered to the established project delivery points.
History: En. Sec. 2, Ch. 63, L. 1935; re-en. Sec. 7207.2, R.C.M. 1935; R.C.M. 1947, 89-1614; amd. Sec. 4, Ch. 136, L. 1993.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1923. Entry on land

85-7-1923. Entry on land.
In carrying out the authority granted them by 85-7-1921 through 85-7-1925, it shall be lawful for boards of commissioners of irrigation districts to enter upon the lands of any user of water supplied by said district for the purpose of installing, adjusting, or regulating headgates, lock boxes, or other devices for regulating the flow of water or apportioning the equitable distribution thereof.
History: En. Sec. 3, Ch. 63, L. 1935; re-en. Sec. 7207.3, R.C.M. 1935; R.C.M. 1947, 89-1615.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1924. Interference with commissioners or distribution system -- penalty

85-7-1924. Interference with commissioners or distribution system -- penalty.
A person who in any manner interferes with the commissioners of an irrigation district or their lawful agent or employee in the carrying out of the powers conferred by 85-7-1921 through 85-7-1925 or who changes or tampers with any lock box, headgate, or other device for the apportionment or distribution of water installed by or under the authority of the commissioners or who in any manner obstructs or changes the flow of water in the distribution system of any irrigation district without authority of the commissioners of the district is, in the discretion of the commissioners, subject to a forfeiture of the person's right to the delivery of water through the distribution system of the district as long as the acts continue and is guilty of obstructing a public officer or criminal mischief, as appropriate, and is punishable as provided by 45-6-101 or 45-7-302, as applicable.
History: En. Sec. 4, Ch. 63, L. 1935; re-en. Sec. 7207.4, R.C.M. 1935; amd. Sec. 24, Ch. 460, L. 1977; R.C.M. 1947, 89-1616; amd. Sec. 2793, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1925. Installing and assessing costs of distributing or measuring devices

85-7-1925. Installing and assessing costs of distributing or measuring devices.
Whenever, in the judgment of the commissioners of any irrigation district, it is necessary for the proper measurement, distribution, or apportionment of the water of the district to install lock boxes, headgates, or other devices for the distribution of water at the point where any lateral is taken out of a main ditch or canal or at a point where any sublateral is taken out of a lateral for further division or distribution of water, they shall have the authority to procure and install the same and to assess the cost thereof against the lands affected thereby.
History: En. Sec. 5, Ch. 63, L. 1935; re-en. Sec. 7207.5, R.C.M. 1935; R.C.M. 1947, 89-1617.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1931. Use of water for irrigation a public use

85-7-1931. Use of water for irrigation a public use.
(1) The use of all water required for the irrigation of the land of any district formed under the provisions of part 1, together with the rights-of-way for canals and ditches, sites for reservoirs, and all property required in fully carrying out the provisions of this chapter, is hereby declared to be a public use, subject to the regulations and control of the state in the manner prescribed by law.
(2) All water, the right to the use of which is acquired by the district under any contract with the United States, shall be distributed and apportioned by the district in accordance with the acts of congress, the rules and regulations of the secretary of the interior, and the provisions of said contract in relation thereto.
History: En. Sec. 31, Ch. 146, L. 1909; amd. Sec. 5, Ch. 145, L. 1915; re-en. Sec. 7201, R.C.M. 1921; re-en. Sec. 7201, R.C.M. 1935; R.C.M. 1947, 89-1606.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1932. Noninterference with navigation or water rights

85-7-1932. Noninterference with navigation or water rights.
Navigation may not be impeded by the operation of this chapter. A vested interest in or to any mining or agricultural water rights or ditches or in or to any water rights, reservoirs, or dams now used beneficially in connection with any mining or agricultural industry or by persons purchasing or renting the use of the interest or in or to any other property used, directly or indirectly, in carrying on or in promoting the mining or agricultural industry may not be affected by or taken under this chapter, except that rights-of-way may be acquired over the mining or agricultural property or interest. The right of eminent domain, as provided in Title 70, chapter 30, is not otherwise affected by the provisions of this section.
History: En. Sec. 27, Ch. 146, L. 1909; re-en. Sec. 7197, R.C.M. 1921; re-en. Sec. 7197, R.C.M. 1935; R.C.M. 1947, 89-1602; amd. Sec. 107, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1933. Diversion of waters

85-7-1933. Diversion of waters.
Nothing herein contained shall be deemed to authorize the diversion of the waters of any river, creek, stream, canal, or ditch from its channel to the detriment of any person or persons having an interest in such river, creek, stream, canal, ditch, or the waters therein.
History: En. Sec. 28, Ch. 146, L. 1909; re-en. Sec. 7198, R.C.M. 1921; re-en. Sec. 7198, R.C.M. 1935; R.C.M. 1947, 89-1603.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1934. Lands under irrigation -- inclusion in district

85-7-1934. Lands under irrigation -- inclusion in district.
(1) Any land already under irrigation from any source may be included in any irrigation district, either at the time of the organization of such district or at any time thereafter, and such land shall be entitled to receive and shall be given the same amount of water necessarily used thereon at the time of such inclusion. The canals, ditches, flumes, dams, or other works previously used to irrigate such land may be used or supplanted either wholly or in part by the district works. The owner of such land, canals, ditches, flumes, dams, or other works shall be entitled to compensation for any and all damage sustained by reason of the appropriation of the same or by the construction of said district works.
(2) Lands already under irrigation, lands having water rights appurtenant thereto, or lands which can be irrigated from sources more feasible than the district system shall not be included within such district unless the owner of such lands shall consent in writing to have such lands included in said district.
(3) Districts formed to cooperate with the United States may extend their boundaries to include such lands upon petition of the owners of two-thirds only of the acreage of the lands to be included, and the boundaries shall be susceptible of change as provided in 85-7-1808 through 85-7-1811 and 85-7-1841 through 85-7-1845.
(4) All lands having water rights appurtenant thereto which are served by a system of irrigation works supplying more than 10,000 acres of land may, in the discretion of the court, be included in the proposed district, on petition of at least a majority both in number and acreage of the holders of title or evidence of title to the land having water rights appurtenant thereto and served by the same system of irrigation works.
History: En. Sec. 35, Ch. 146, L. 1909; amd. Sec. 6, Ch. 153, L. 1917; amd. Sec. 4, Ch. 116, L. 1919; re-en. Sec. 7205, R.C.M. 1921; re-en. Sec. 7205, R.C.M. 1935; R.C.M. 1947, 89-1610.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1935. Lands under irrigation -- limits on charges for costs

85-7-1935. Lands under irrigation -- limits on charges for costs.
Where lands already under irrigation are included in any district, the water and irrigation works irrigating the same belonging to the owner of said lands, such lands shall not be charged with any tax or assessment for construction or for payment of the interest or principal of any bonds issued to secure money for construction or purchase of the district irrigation works or for any payments other than for operation and maintenance due or to become due under any contract between the district and the United States, accompanying which bonds of the district have not been deposited with the United States as provided in 85-7-1906, except with the consent of the owner thereof, which consent shall be filed with the recorder of deeds of the county in which such lands are situated. Such lands shall be assessed for administrative and maintenance purposes the same as other lands in the district.
History: En. Sec. 37, Ch. 146, L. 1909; amd. Sec. 10, Ch. 145, L. 1915; re-en. Sec. 7207, R.C.M. 1921; re-en. Sec. 7207, R.C.M. 1935; R.C.M. 1947, 89-1612.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1941. Contracts

85-7-1941. Contracts.
(1) The construction by the district of irrigation works may be done by the district, by private owners, or by contract.
(2) Before any contract is let, the board of commissioners shall provide surveys, plans, maps, and estimates, which shall include everything necessary to show the entire cost in detail of everything necessary to complete the work required to irrigate any of the lands in the district under the proposed system.
(3) Notice of any contract to be awarded for the construction of such works shall state where the plans and specifications may be seen and shall be published at least once a week for 3 successive calendar weeks in a newspaper published or of general circulation in the county where the office of the district is located. Sealed bids shall be called for in such published notice, and bids shall be opened in public.
History: En. Sec. 25, Ch. 146, L. 1909; amd. Sec. 4, Ch. 145, L. 1915; re-en. Sec. 7195, R.C.M. 1921; re-en. Sec. 7195, R.C.M. 1935; R.C.M. 1947, 89-1501(part); amd. Sec. 8, Ch. 112, L. 1981.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1942. Competitive bidding

85-7-1942. Competitive bidding.
The contract shall be awarded only to the lowest responsible bidder, who shall be required to give bond for the faithful performance and completion of the contract. The board shall have the right to reject any and all bids in its discretion.
History: En. Sec. 25, Ch. 146, L. 1909; amd. Sec. 4, Ch. 145, L. 1915; re-en. Sec. 7195, R.C.M. 1921; re-en. Sec. 7195, R.C.M. 1935; R.C.M. 1947, 89-1501(part).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1943. Exceptions for certain projects

85-7-1943. Exceptions for certain projects.
The provisions of 85-7-1941 and 85-7-1942 shall not apply to:
(1) any contract for the completion of works in course of construction by private owners, from whom said works may be acquired under the provisions of 85-7-1904 or 85-7-1905;
(2) any contract between the district and the United States.
History: En. Sec. 25, Ch. 146, L. 1909; amd. Sec. 4, Ch. 145, L. 1915; re-en. Sec. 7195, R.C.M. 1921; re-en. Sec. 7195, R.C.M. 1935; R.C.M. 1947, 89-1501(part).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1951. United States contracts -- loans, sinking fund, and investment

85-7-1951. United States contracts -- loans, sinking fund, and investment.
The board of commissioners of any irrigation district established and organized under and by virtue of the laws of Montana, whenever deemed advisable and to the interest of the district, shall have the power and authority to enter into any obligation or contract with the United States under any act of congress and the rules and regulations established thereunder, providing for or permitting such obligation or contract, for the purpose of obtaining from the United States a loan of money to be used by the district for the liquidation of bonded or other outstanding indebtedness of the district or for doing or causing to be done, under the supervision of the secretary of the interior of the United States, any construction, betterments, or repair work necessary to place the irrigation system of the district in good operating condition. The board shall also have the power and authority to create, by proper levy and collection of assessments, a sinking fund which shall be available for the construction of betterments to the irrigation system of the district, as may become necessary during the term of any contract made hereunder. Said sinking fund for said purpose, which shall be designated the ".... District Sinking Fund for Betterments", shall be in such an amount and shall be created within such time as may be agreed upon between the district and the United States. The board shall also have the power and authority to invest any surplus in the sinking fund herein provided for in legal investments backed, insured, or guaranteed by the United States or the state of Montana, including federal and state agency obligations.
History: En. Sec. 1, Ch. 24, L. 1931; re-en. Sec. 7264.10, R.C.M. 1935; R.C.M. 1947, 89-2120; amd. Sec. 1, Ch. 166, L. 1987.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1952. United States contracts -- assessments

85-7-1952. United States contracts -- assessments.
In any contract entered into between an irrigation district and the United States hereunder, the board of commissioners shall have the power to levy assessments for the United States contract fund against all of the land within the district for any and all of the purposes enumerated in the laws of Montana and, in addition thereto, the power to levy assessments in compliance with such contract, including such deficiency assessments as will enable the district to meet established or estimated delinquencies in making payments to the United States because of the failure of landowners to pay the assessments levied against their lands in the district.
History: En. Sec. 2, Ch. 24, L. 1931; re-en. Sec. 7264.11, R.C.M. 1935; R.C.M. 1947, 89-2121.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1953. Amount owed United States -- lien and special tax

85-7-1953. Amount owed United States -- lien and special tax.
All amounts to be paid to the United States under any contract made pursuant to this part between the district and the United States are a general obligation of the district, and the amounts to be paid to the United States are a lien upon the irrigation system of the district. All lands within the district or added to the district must be subject to a special tax or assessment authorized under 85-7-2104 for the payment of all amounts to be paid to the United States under the contract between the district and the United States. The special tax or assessment constitutes a first and prior lien on the land against which the tax or assessment is levied to the same extent and with like force and effect as taxes levied for state and county purposes.
History: En. Sec. 3, Ch. 24, L. 1931; re-en. Sec. 7264.12, R.C.M. 1935; amd. Sec. 1, Ch. 83, L. 1955; R.C.M. 1947, 89-2122; amd. Sec. 154, Ch. 584, L. 1999; amd. Sec. 9, Ch. 93, L. 2007.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1954. Assumption of operations by United States upon default

85-7-1954. Assumption of operations by United States upon default.
In addition to other legal remedies, the board of commissioners of the district shall have the power and authority to provide in any contract executed between the United States and the district hereunder that in case of default for more than 12 months in the payment of any installments due under such contract, the control, operation, and maintenance of the district may, in the discretion of the secretary of the interior, be assumed by the United States and the delivery of water withheld until payments are duly made in accordance with the contract requirements.
History: En. Sec. 4, Ch. 24, L. 1931; re-en. Sec. 7264.13, R.C.M. 1935; R.C.M. 1947, 89-2123.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1955. Liquidation of indebtedness with federal funds

85-7-1955. Liquidation of indebtedness with federal funds.
When money is provided by the United States for liquidating bonded indebtedness of any irrigation district, the county treasurer is authorized and empowered to cancel the district bonds so liquidated and surrender them to the United States, taking therefor a receipt signed by the secretary of the interior, which receipt shall be placed in the records of the county treasurer and shall be conclusive evidence of the cancellation and surrender of the district bonds.
History: En. Sec. 5, Ch. 24, L. 1931; re-en. Sec. 7264.14, R.C.M. 1935; R.C.M. 1947, 89-2124.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1956. Majority vote or petition necessary to contract with United States

85-7-1956. Majority vote or petition necessary to contract with United States.
No contract shall be made with the United States hereunder except upon approval of a majority of those voting on the question at an election conducted pursuant to 85-7-1710, provided that the voting majority must own at least 50% of the acreage included within the district, or upon a petition signed by at least 60% in number and acreage of the holders of title or evidence of title to the lands included within the district. Such petition shall be addressed to the board of commissioners, shall set forth the aggregate amount of money to be borrowed from the United States and the purpose or purposes thereof, shall have attached thereto an affidavit certifying the signatures to said petition, and shall be filed with the secretary of the board of commissioners. Such petition may consist of one or more parts or papers.
History: En. Sec. 6, Ch. 24, L. 1931; re-en. Sec. 7264.15, R.C.M. 1935; R.C.M. 1947, 89-2125; amd. Sec. 1, Ch. 463, L. 1983.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1957. United States contracts -- court approval required

85-7-1957. United States contracts -- court approval required.
(1) The board of commissioners of any irrigation district, before the making of any contract with the United States hereunder, shall commence a special proceeding in the district court of the state, by which the proceedings of the board and of the district leading up to the making of any such contract and the validity of the terms thereof shall be judicially examined and approved and affirmed or disapproved and disaffirmed.
(2) The practice and procedure for the confirmation of any step or action, as provided in subsection (1) shall be as nearly as possible in conformity with the practice and procedure now provided for the confirmation before the issuance and sale of bonds of an irrigation district. The court may approve and affirm such proceedings in part and disapprove and declare illegal or invalid other and subsequent parts of the proceedings, and insofar as possible, the court shall remedy and cure all defects in said proceedings.
History: (1)En. Sec. 7, Ch. 24, L. 1931; re-en. Sec. 7264.16, R.C.M. 1935; amd. Sec. 39, Ch. 460, L. 1977; Sec. 89-2126, R.C.M. 1947; (2)En. Sec. 8, Ch. 24, L. 1931; re-en. Sec. 7264.17, R.C.M. 1935; Sec. 89-2127, R.C.M. 1947; R.C.M. 1947, 89-2126, 89-2127.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1958. Power to contract with United States cumulative

85-7-1958. Power to contract with United States cumulative.
Sections 85-7-1951 through 85-7-1958 shall not limit the power and authority of an irrigation district or the commissioners thereof to contract with the United States under other applicable statutes but shall be cumulative thereto.
History: En. Sec. 9, Ch. 24, L. 1931; re-en. Sec. 7264.18, R.C.M. 1935; R.C.M. 1947, 89-2128.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1961. Districts organized prior to certain date -- authority to continue electrical power operations

85-7-1961. Districts organized prior to certain date -- authority to continue electrical power operations.
(1) An irrigation district or project that was organized prior to March 30, 1981, under Title 85, chapter 7, is authorized to continue all electrical power operations it conducted prior to March 30, 1981.
(2) Electrical power operations authorized by subsection (1) of this section include generation, distribution, and sale of electrical power and the reasonable and necessary means to carry out such operations.
(3) In addition to the authority otherwise provided in this section and Title 85, chapter 7, irrigation districts or projects organized under Title 85, chapter 7, or described in 85-7-110, may construct, install, operate, and maintain facilities to generate, transmit, and sell, as well as any associated facilities necessary to that end, electricity using the water power potential of irrigation projects or works or federally owned water impoundment projects where electric power generation facilities have not heretofore been installed and licensed under the Federal Power Act.
History: En. Sec. 1, Ch. 179, L. 1981; amd. Sec. 1, Ch. 553, L. 1983.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1971. Contracts with the state of Montana -- loans, sinking fund, and investments

85-7-1971. Contracts with the state of Montana -- loans, sinking fund, and investments.
(1) The board of commissioners of any irrigation district, whenever considered advisable and in the interest of the district, may enter into any obligation or contract with the state of Montana for the purpose of obtaining a loan of money from various sources, including the coal severance tax bonding program provided for in Title 17, chapter 5, part 7, to be used by the district for:
(a) the liquidation of any bonded or outstanding indebtedness of the district; or
(b) the provision of any construction, improvement, or repair work necessary to place the irrigation system of the district in good operating condition.
(2) The board shall create, by proper levy and collection of assessments, a sinking fund that must be available for the construction of betterments to the irrigation system of the district as may be necessary during the term of any contract made with the state as provided for in subsection (1). The sinking fund must be designated the "... District Sinking Fund for Betterments" and must be created in such an amount and within such time as may be agreed upon between the district and the state of Montana.
(3) The board shall invest any surplus in the sinking fund in legal investments backed, insured, or guaranteed by the United States or the state of Montana, including federal and state agency obligations.
History: En. Sec. 1, Ch. 301, L. 1987.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1972. State contracts -- assessments

85-7-1972. State contracts -- assessments.
In any contract entered into between an irrigation district and the state of Montana under 85-7-1971 through 85-7-1975, the board of commissioners shall, in compliance with such contract, levy assessments against the lands benefited by the contract within the district, including such deficiency assessments as will enable the district to meet established or anticipated delinquencies in making payments to the state of Montana because of the failure of landowners to pay the assessments levied against their lands in the district.
History: En. Sec. 2, Ch. 301, L. 1987.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1973. Amount owed state -- lien and special tax

85-7-1973. Amount owed state -- lien and special tax.
All amounts owed to the state under any contract made under 85-7-1971 through 85-7-1975 between the district and the state of Montana establish a general obligation of the district for payment, and any amounts to be paid to the state of Montana constitute a lien upon the irrigation system of the district. All lands now within the district or added to the district are subject to a special tax or assessment under 85-7-2104 for the payment of all amounts owed to the state under the contract between the district and the state of Montana. The special tax or assessment constitutes a first and prior lien on the land against which it is levied to the same extent and with the same force and effect as taxes levied for state and county purposes.
History: En. Sec. 3, Ch. 301, L. 1987; amd. Sec. 155, Ch. 584, L. 1999; amd. Sec. 10, Ch. 93, L. 2007.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1974. Majority vote or petition necessary to contract with the state

85-7-1974. Majority vote or petition necessary to contract with the state.
(1) No contract may be made between an irrigation district and the state of Montana under 85-7-1971 through 85-7-1975 except on:
(a) approval by a majority vote of those voting on the question at an election conducted in accordance with Title 13, chapter 1, part 5, and 85-7-1710; or
(b) receipt of a petition signed by at least 60% in number and acreage of the holders of title or evidence of title to lands within the district. The petition must be addressed to the board of commissioners and must set forth the aggregate amount of money to be borrowed from various sources, including the coal severance tax bonding program provided for in Title 17, chapter 5, part 7, and the purpose for which the money will be used. The petition must include an affidavit certifying the signatures to the petition and must be filed with the secretary of the board of commissioners.
(2) In an election held for approval of a district contract under this section, the voting majority must own at least 50% of the acreage included in the district.
History: En. Sec. 4, Ch. 301, L. 1987; amd. Sec. 249, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 19. Operation of Districts › 85-7-1975. State contracts -- court approval required

85-7-1975. State contracts -- court approval required.
(1) The board of commissioners of an irrigation district, before the making of a contract with the state of Montana under 85-7-1971 through 85-7-1975, shall commence a special proceeding in the district court. In such proceeding, the proceedings of the board and of the district leading up to the making of the contract and the validity of the terms thereof must be judicially examined and approved or disapproved.
(2) The practice and procedure for the confirmation of any step or action provided for in subsection (1) must be as nearly as possible in conformity with the practice and procedure established for the confirmation before the issuance and sale of bonds of an irrigation district. The district court may approve such proceedings in part and declare illegal or invalid other parts of the proceedings. However, insofar as possible, the court shall remedy and cure all defects in the proceedings.
History: En. Sec. 5, Ch. 301, L. 1987.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 20. Indebtedness, Bonds, and Bankruptcy › 85-7-2001. Limitations on debt-incurring power

85-7-2001. Limitations on debt-incurring power.
(1) The board of commissioners or other officers of the district may not incur any debt or liability, either by issuing bonds or otherwise, except as provided in this chapter.
(2) An irrigation district may not become indebted, in any manner or for any purpose in any one year, in an amount exceeding 18.75% of the assessed valuation of the district, except as provided in subsection (4).
(3) An irrigation district may not incur indebtedness, in any manner or for any purpose in any one year, on behalf of any subdistrict in the district in an amount exceeding 18.75% of the assessed valuation of the subdistrict, except as provided in subsection (4).
(4) (a) For the purpose of organization; for any of the immediate purposes of this chapter; to make or purchase surveys, plans, and specifications; for stream gauging and gathering data; or to make any repairs occasioned by any calamity or other unforeseen contingency, the board of commissioners may, in any one year, incur the indebtedness of as many dollars as there are acres in the district and may issue warrants of the district.
(b) For the purpose of organization, for any of the immediate purposes of this chapter, or to meet the expenses occasioned by any calamity or other unforeseen contingency, the board of commissioners may, in any one year, incur (in addition to the 18.75% limitations of subsections (2) and (3)) an additional indebtedness not exceeding 12.5% of the assessed valuation of the district and may issue warrants of the district therefor.
(c) The limitations of subsections (1) through (3) do not apply to warrants issued for unpaid interest on the valid bonds of any irrigation district.
(d) The limitations of subsections (1) through (3) do not apply to bonds or obligations issued to the state of Montana, the United States, or any department, agency, or instrumentality of these governments if the bonds or obligations are issued:
(i) pursuant to a loan program specifically authorized by the legislature; or
(ii) to finance in whole or in part a project authorized by the legislature.
(e) The limitations of subsections (1) through (3) do not apply to any bonds issued under this chapter pursuant to a provision that expressly supersedes the limitation.
(5) Any debt or liability incurred in excess of the limitations provided by the irrigation district laws is void.
History: En. Sec. 38, Ch. 146, L. 1909; amd. Sec. 1, Ch. 110, L. 1913; amd. Sec. 1, Ch. 127, L. 1913; re-en. Sec. 7208, R.C.M. 1921; re-en. Sec. 7208, R.C.M. 1935; amd. Sec. 32, Ch. 234, L. 1971; amd. Sec. 25, Ch. 460, L. 1977; R.C.M. 1947, 89-1701; amd. Sec. 63, Ch. 614, L. 1981; amd. Sec. 23, Ch. 193, L. 1987; amd. Sec. 14, Ch. 439, L. 1989.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 20. Indebtedness, Bonds, and Bankruptcy › 85-7-2011. Exemption of irrigation district property

85-7-2011. Exemption of irrigation district property.
The bonds issued under the provisions of this part, rights-of-way, ditches, flumes, pipelines, dams, water rights, reservoirs, equipment, machinery, motor vehicles, and all other personal property belonging to any irrigation district organized under the laws of Montana and not operating for profit may not be taxed for state, county, or municipal purposes and may not be assessed costs for any improvement or maintenance district created under Title 7, chapter 12.
History: En. Sec. 39, Ch. 146, L. 1909; re-en. Sec. 7209, R.C.M. 1921; re-en. Sec. 7209, R.C.M. 1935; amd. Sec. 2, Ch. 492, L. 1977; R.C.M. 1947, 89-1702; amd. Sec. 2, Ch. 276, L. 1987.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 20. Indebtedness, Bonds, and Bankruptcy › 85-7-2012. Purposes for which bonds may be issued

85-7-2012. Purposes for which bonds may be issued.
The board of commissioners of a district established under the provisions of Title 85, chapter 7, part 1, may authorize and issue negotiable fully registered bonds or negotiable coupon bonds of the district for the purpose of providing the necessary funds for:
(1) constructing the necessary irrigation canals and works, including drainage works, and constructing works for the generation and distribution of electricity within the district and for acquiring the property and rights necessary therefor;
(2) acquiring, by purchase or otherwise, waters, water rights, canals, reservoirs, reservoir sites, irrigation works, drainage works, and works for the generation and distribution of electricity, whether the works are constructed or partially constructed;
(3) meeting the expenses incurred incident to the construction or acquisition of the works and property, including administrative, engineering, and legal expenses;
(4) assuming, as principal or guarantor, indebtedness to the United States on account of district lands;
(5) providing a sufficient amount of money to pay the interest on all bonds of the district for a period not exceeding 5 years;
(6) redeeming or paying all or any portion of the existing indebtedness of the district, evidenced by outstanding bonds; delinquent interest coupons, overdue claims for interest, and accrued interest; or warrants, together with all delinquent and accrued interest, whether the indebtedness has or may become payable at the option of the district, by consent of the bondholders, or by any other lawful means;
(7) establishing a reserve for the payment of principal and interest on bonds of the district in an amount determined by the board to be reasonably required to market the bonds; or
(8) otherwise carrying out the provisions of the irrigation district laws.
History: En. Sec. 40, Ch. 146, L. 1909; amd. Sec. 11, Ch. 145, L. 1915; amd. Sec. 7, Ch. 153, L. 1917; amd. Sec. 5, Ch. 116, L. 1919; re-en. Sec. 7210, R.C.M. 1921; amd. Sec. 7, Ch. 157, L. 1923; amd. Sec. 1, Ch. 185, L. 1929; re-en. Sec. 7210, R.C.M. 1935; amd. Sec. 26, Ch. 460, L. 1977; R.C.M. 1947, 89-1703(1); amd. Sec. 15, Ch. 439, L. 1989.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 20. Indebtedness, Bonds, and Bankruptcy › 85-7-2013. Majority vote, petition, and protest requirements

85-7-2013. Majority vote, petition, and protest requirements.
(1) Bonds provided for in 85-7-2012 through 85-7-2015 may not be authorized or issued by or on behalf of any irrigation district organized under this chapter or by an irrigation district on behalf of a subdistrict located in the district and a contract may not be made with the United States as provided in 85-7-1906 except on:
(a) approval by a majority vote of those voting on the question at an election conducted in accordance with Title 13, chapter 1, part 5, with votes cast and counted as prescribed in 85-7-1710;
(b) receipt of a petition signed by a majority in acreage of the holders of title or evidence of title to lands included within the district or, if the bonds are issued on behalf of or if the contract relates to a subdistrict, a majority in acreage of the holders of title or evidence of title to lands within the subdistrict;
(c) receipt of a petition signed by at least 75%, in number and acreage, of the holders of title or evidence of title to the lands who are residents of the county or counties in which lands of the district are situated or, if the bonds are issued on behalf of or if the contract relates to a subdistrict, at least 75% in number and acreage of the holders of title or evidence of title to the lands who are residents of the county or counties in which lands of the subdistrict are situated; or
(d) adoption of a resolution by the board of commissioners approving special taxes or assessments to repay bonds pursuant to 85-7-2048 following a determination that a protest as provided in 85-7-2045 by owners of assessed irrigable acres as determined by 85-7-2043 comprises no more than 50% of the special tax or assessment proposed to pay the costs of the suggested improvements.
(2) The petition must be addressed to the board of commissioners, set forth the aggregate amount of bonds to be issued and the purpose or purposes of the bonds, have attached to it an affidavit verifying the signatures to the petition, and be filed with the secretary of the board. When bonds are issued for the sole purpose of redeeming or paying the existing and outstanding bonds or warrants, or both, including delinquent and accrued interest, of the district, the bonds may be authorized and issued in the manner provided for by 85-7-2019.
(3) In an election held for approval to allow a district or subdistrict to issue bonds or enter into a contract under this section, the voting majority must own at least 50% of the acreage included in the district or subdistrict.
History: En. Sec. 40, Ch. 146, L. 1909; amd. Sec. 11, Ch. 145, L. 1915; amd. Sec. 7, Ch. 153, L. 1917; amd. Sec. 5, Ch. 116, L. 1919; re-en. Sec. 7210, R.C.M. 1921; amd. Sec. 7, Ch. 157, L. 1923; amd. Sec. 1, Ch. 185, L. 1929; re-en. Sec. 7210, R.C.M. 1935; amd. Sec. 26, Ch. 460, L. 1977; R.C.M. 1947, 89-1703(2); amd. Sec. 16, Ch. 439, L. 1989; amd. Sec. 1, Ch. 164, L. 2011; amd. Sec. 250, Ch. 49, L. 2015; amd. Sec. 10, Ch. 495, L. 2021.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 20. Indebtedness, Bonds, and Bankruptcy › 85-7-2014. Procedure after election, petition, or resolution filed

85-7-2014. Procedure after election, petition, or resolution filed.
Upon an election, the filing of the petition pursuant to 85-7-2013, or the adoption of a resolution approving the levy of a special tax or assessment under 85-7-2048, the board of commissioners shall, by appropriate order or resolution:
(1) authorize and direct the issuance of the bonds of the district to the amount and for the purpose or purposes specified in the election, petition, or resolution adopted pursuant to 85-7-2048;
(2) fix the numbers, denominations, and maturity or maturities of the bonds;
(3) specify the rate of interest on the bonds and whether it is payable annually or semiannually;
(4) designate the place and method of payment of the bonds and the interest on the bonds, within or outside the state of Montana;
(5) prescribe the form of the bonds; and
(6) provide for the levy of a special tax or assessment as provided in this chapter on all the lands in the district or for a levy on a subdistrict if the bonds are issued on behalf of the subdistrict, for the irrigation and benefit of which the district or subdistrict was organized and the bonds are issued or the contract is to be made, sufficient in an amount to pay the interest on and principal of the bonds when due and all amounts to be paid to the United States under any contract between the district and the United States for which bonds of the district have not been deposited with the United States as provided in 85-7-1906.
History: En. Sec. 40, Ch. 146, L. 1909; amd. Sec. 11, Ch. 145, L. 1915; amd. Sec. 7, Ch. 153, L. 1917; amd. Sec. 5, Ch. 116, L. 1919; re-en. Sec. 7210, R.C.M. 1921; amd. Sec. 7, Ch. 157, L. 1923; amd. Sec. 1, Ch. 185, L. 1929; re-en. Sec. 7210, R.C.M. 1935; amd. Sec. 26, Ch. 460, L. 1977; R.C.M. 1947, 89-1703(3); amd. Sec. 17, Ch. 439, L. 1989; amd. Sec. 2, Ch. 164, L. 2011; amd. Sec. 11, Ch. 495, L. 2021.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 20. Indebtedness, Bonds, and Bankruptcy › 85-7-2015. Effect of contracting with United States

85-7-2015. Effect of contracting with United States.
If contract is to be made with the United States as provided in 85-7-1906 and bonds are not to be deposited with the United States in connection with the contract, the board of commissioners need not authorize the issuance of bonds, or if bonds are required in addition to the contract, the commissioners may authorize bonds only for the amount needed in addition to the contract.
History: En. Sec. 40, Ch. 146, L. 1909; amd. Sec. 11, Ch. 145, L. 1915; amd. Sec. 7, Ch. 153, L. 1917; amd. Sec. 5, Ch. 116, L. 1919; re-en. Sec. 7210, R.C.M. 1921; amd. Sec. 7, Ch. 157, L. 1923; amd. Sec. 1, Ch. 185, L. 1929; re-en. Sec. 7210, R.C.M. 1935; amd. Sec. 26, Ch. 460, L. 1977; R.C.M. 1947, 89-1703(4); amd. Sec. 12, Ch. 495, L. 2021.