reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 1. General Provisions › 85-1-112. Navigable waters

85-1-112. Navigable waters.
(1) All lakes wholly or partly within this state which have been meandered and returned as navigable by the surveyors employed by the government of the United States and all lakes which are navigable in fact are hereby declared to be navigable and public waters, and all persons shall have the same rights therein and thereto that they have in and to any other navigable or public waters.
(2) All rivers and streams which have been meandered and returned as navigable by the surveyors employed by the government of the United States and all rivers and streams which are navigable in fact are hereby declared navigable.
History: En. Secs. 1, 2, Ch. 95, L. 1933; re-en. Secs. 3717.1, 3717.2, R.C.M. 1935; R.C.M. 1947, 26-336, 26-337.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 1. General Provisions › 85-1-121. Repealed

85-1-121. Repealed.
Sec. 3, Ch. 706, L. 1983.
History: En. Sec. 1, Ch. 220, L. 1921; re-en. Sec. 7135, R.C.M. 1921; re-en. Sec. 7135, R.C.M. 1935; R.C.M. 1947, 89-846.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 1. General Provisions › 85-1-122. Clark Fork River

85-1-122. Clark Fork River.
The waters of the Clark Fork River may be impounded or restrained within the state of Montana for a distance not exceeding 25 miles from the Idaho-Montana boundary line by a dam located on said river in the state of Idaho and constructed by any person, firm, partnership, or corporation authorized to do business in the state of Montana. Any present or future appropriations of water in the watershed in the state of Montana for irrigation and domestic use above said dam shall have priority over water for power use at said dam.
History: En. Sec. 1, Ch. 3, L. 1951; R.C.M. 1947, 89-856.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 2. Administration › 85-1-201. Rules

85-1-201. Rules.
The department may adopt from time to time, as necessary or expedient, suitable rules for the administration of this chapter.
History: En. 89-102.1 by Sec. 121, Ch. 253, L. 1974; R.C.M. 1947, 89-102.1; amd. Sec. 416, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 2. Administration › 85-1-202. Repealed

85-1-202. Repealed.
Sec. 500, Ch. 418, L. 1995.
History: En. Sec. 2, Ch. 279, L. 1965; amd. Sec. 122, Ch. 253, L. 1974; R.C.M. 1947, 89-103.2.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 2. Administration › 85-1-205. Acquisition of water in federal reservoirs

85-1-205. Acquisition of water in federal reservoirs.
The department may acquire water or water storage by purchase option or agreement with the federal government from any federal reservoir for the purpose of sale, rent, or distribution for any beneficial use. In such cases, the department is not required to construct any diversion or appropriation facilities or works, and it may sell, rent, or distribute such water at such rates and under such terms and conditions as it considers appropriate.
History: En. Sec. 21, Ch. 35, Ex. L. 1933; re-en. Sec. 349.22, R.C.M. 1935; amd. Sec. 136, Ch. 253, L. 1974; amd. Sec. 1, Ch. 255, L. 1975; amd. Sec. 4, Ch. 460, L. 1977; R.C.M. 1947, 89-125(7); amd. Sec. 1, Ch. 706, L. 1983; amd. Sec. 14, Ch. 573, L. 1985.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 2. Administration › 85-1-206. Construction of works by department

85-1-206. Construction of works by department.
(1) The department may construct works, with the cost of the construction to be paid wholly by means of or with the proceeds of revenue bonds or of a grant or loan to aid in financing the construction from the United States or any instrumentality or agency of the United States and other funds provided for the construction. Before constructing a project, the department shall estimate the cost of the project, the cost of operation and maintenance, and the revenue to be derived from the operation of the project. A project may not be constructed unless, according to the estimates, the revenue to be derived will be sufficient to pay the cost of operation and maintenance and the principal and interest of loans or revenue bonds issued for the cost of the project. In connection with the issuance of revenue bonds, the failure of the department to make the estimates required by this section or to make them in proper form does not affect the validity or enforceability of the bonds or of the trust indenture, resolution, or other security for the bonds.
(2) If the bid of the lowest responsible bidder on any capital improvement associated with public works exceeds the department estimates of the cost of the improvements by more than 5%, the department shall obtain approval from the water users' association, whenever an association is involved, before the bid is accepted. Capital improvements of an emergency nature necessary to protect life or property or to supply immediate needs for water do not require approval of the water users' association.
(3) A purpose of this chapter is to meet, so far as possible, a statewide need for the conservation and use of water through the construction and operation of projects. The projects to be constructed must qualify as parts of the statewide program and must be approved by the department upon the showing of prospective ability to meet, through the sale of water or other services, the cost of operation and maintenance and the principal and interest of loans and revenue bonds issued to finance the construction. The failure to determine the prospective ability of a project does not affect the validity or enforceability of the bonds or of the trust indenture, resolution, or other security for the bonds.
History: En. Sec. 5, Ch. 35, Ex. L. 1933; amd. Sec. 2, Ch. 95, L. 1935; re-en. Sec. 349.5, R.C.M. 1935; amd. Sec. 1, Ch. 278, L. 1973; amd. Sec. 124, Ch. 253, L. 1974; amd. Sec. 1, Ch. 460, L. 1977; R.C.M. 1947, 89-105(1) thru (3); amd. Sec. 2, Ch. 332, L. 1987; amd. Sec. 14, Ch. 301, L. 1995; amd. Sec. 419, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 2. Administration › 85-1-207. Determination of costs of works

85-1-207. Determination of costs of works.
The department, in determining how the cost of works must be met, shall consider the value of public benefits and the repayment capacity of the water users. A state grant may be provided by the department to compensate for the value of public benefits, to minimize the liabilities of the state of Montana, and to pay the difference between the water users' repayment capacity and the cost of works.
History: En. Sec. 2, Ch. 35, Ex. L. 1933; amd. Sec. 1, Ch. 95, L. 1935; re-en. Sec. 349.2, R.C.M. 1935; amd. Sec. 1, Ch. 163, L. 1965; amd. Sec. 3, Ch. 158, L. 1967; amd. Sec. 120, Ch. 253, L. 1974; R.C.M. 1947, 89-102(part); amd. Sec. 3, Ch. 332, L. 1987.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 2. Administration › 85-1-208. Construction across streams, highways, or other obstacles

85-1-208. Construction across streams, highways, or other obstacles.
(1) The department may construct irrigation works across any stream of water, watercourse, streets, avenues, highways, railways, canals, ditches, or flumes in such manner as to afford security to life and property. The department shall restore the same, when so crossed or intersected, to its former state, as near as may be, so as not to destroy its usefulness. A company whose railroads are intersected or crossed by the works shall unite with the department in forming the intersection and crossing. If the railroad company and the department or the owners and controllers of the property, thing, or franchise so to be crossed cannot agree upon the amount to be paid therefor or the points or the manner of the crossing or intersections, the amount shall be ascertained and determined in all respects as herein provided in respect to taking of land for public use.
(2) This section does not require the payment to the state or any subdivision thereof of a sum for the right to cross a public highway with the works. A right-of-way is hereby given, dedicated, and set apart to locate, construct, and maintain the works over and through the lands which are the property of this state.
History: En. Sec. 1, Ch. 69, L. 1937; amd. Sec. 125, Ch. 253, L. 1974; R.C.M. 1947, 89-106.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 2. Administration › 85-1-209. Acquisition of property by department

85-1-209. Acquisition of property by department.
(1) The department may acquire by purchase or exchange, upon terms and conditions and in a manner it considers proper, and may acquire by condemnation, in accordance with Title 70, chapter 30, any land, rights, water rights, easements, franchises, and other property considered necessary for the construction, operation, and maintenance of works. Title to property purchased or condemned must be taken in the name of the department. The department is under no obligation to accept and pay for any property condemned under this chapter except from the funds provided by this chapter. In any proceedings to condemn, orders may be made by the court that has jurisdiction of the suit, action, or proceeding that may be warranted by law and the facts.
(2) In a condemnation proceeding brought under Title 70, chapter 30, for the purpose of carrying out this chapter, all persons interested in the title of or holding liens upon the property sought to be taken, as disclosed by the public records, must be made parties and the court in the action shall partition and distribute the damages awarded, if any, among those persons. If there is controversy between the condemnees, the court may direct the amount of the damage awarded to be paid into court to be allocated in further appropriate proceedings either at law or in equity.
(3) Taking possession of the property sought to be condemned may not be delayed by reason of any dispute between the rival claimants or the failure to join any of them as a party to the condemnation proceedings.
(4) If water rights are acquired or exercised by the department in connection with two or more works or projects, the department by order shall apportion or allocate to each of the works or projects the part of the water rights that the department determines is necessary. Upon the adoption of the order, the water rights are considered a part of each of the works or projects to the extent that the water rights have been apportioned or allocated to the works or projects.
History: (1) thru (3)En. Sec. 4, Ch. 35, Ex. L. 1933; re-en. Sec. 349.4, R.C.M. 1935; amd. Sec. 123, Ch. 253, L. 1974; Sec. 89-104, R.C.M. 1947 (4)En. Sec. 2, Ch. 3, Ex. L. 1933; amd. Sec. 1, Ch. 95, L. 1935; re-en. Sec. 349.2, R.C.M. 1935; amd. Sec. 1, Ch. 163, L. 1965; amd. Sec. 3, Ch. 158, L. 1967; amd. Sec. 120, Ch. 253, L. 1974; Sec. 89-102, R.C.M. 1947; R.C.M. 1947, 89-102(7), 89-104; amd. Sec. 15, Ch. 301, L. 1995; amd. Sec. 420, Ch. 418, L. 1995; amd. Sec. 104, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 2. Administration › 85-1-210. Disposal of property by department

85-1-210. Disposal of property by department.
In addition to the powers conferred upon the department to sell, lease, or otherwise dispose of water for the purpose of irrigation, development of power, watering of stock, or other purposes, the department may sell, lease, or otherwise dispose of water from its waterworks systems for public, domestic, industrial, and other uses and for fire protection. The department may sell or otherwise dispose of a water project, after the discharge of all of the bonds issued to finance the construction or acquisition of the project, if any, and of all interest on the bonds, costs, and expenses incurred in connection with any action or proceeding by or on behalf of the holders of the bonds. Except for a water project for which no water purchase contracts are managed by the department and for which no money is collected by the department, the department shall make a determination of the market value of a water project prior to its sale or other disposition. The department's determination of market value must consider all liens, encumbrances, and other limitations on the water project.
History: En. Sec. 6, Ch. 95, L. 1935; re-en. Sec. 349.24, R.C.M. 1935; amd. Sec. 137, Ch. 253, L. 1974; R.C.M. 1947, 89-127; amd. Sec. 1, Ch. 156, L. 1981; amd. Sec. 1, Ch. 305, L. 1987; amd. Sec. 16, Ch. 301, L. 1995; amd. Sec. 421, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 2. Administration › 85-1-212. Repealed

85-1-212. Repealed.
Sec. 500, Ch. 418, L. 1995.
History: En. Sec. 11, Ch. 35, Ex. L. 1933; re-en. Sec. 349.12, R.C.M. 1935; amd. Sec. 1, Ch. 459, L. 1973; amd. Sec. 129, Ch. 253, L. 1974; amd. Sec. 3, Ch. 73, L. 1977; amd. Sec. 2, Ch. 460, L. 1977; R.C.M. 1947, 89-115(4).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 2. Administration › 85-1-213. Institution of court actions by department

85-1-213. Institution of court actions by department.
The department may institute in any court any actions, suits, and special proceedings necessary to enable it to acquire, own, and hold title to lands for dam sites, reservoir sites, water rights, rights-of-way for diversion and distributing canals, and lateral ditches and other means of distribution of water and may also in any court institute, maintain, and prosecute to final determination actions, suits, and special proceedings necessary to have the water rights adjudicated upon any stream or source of water supply from which is derived the water for the reservoir, diversion and distributing canals, lateral ditches, and other means of distribution of the water. The department may join owners of waters appropriated by a person, association, or corporation from the streams of the state so that adjudication may be had of all surplus water upon all the streams and sources of water supply of a project constructed by the department. All costs and expenses of the actions, suits, or special proceedings shall be paid by the department out of funds provided under this chapter.
History: En. Sec. 14, Ch. 35, Ex. L. 1933; re-en. Sec. 349.15, R.C.M. 1935; amd. Sec. 43, Ch. 177, L. 1965; amd. Sec. 132, Ch. 253, L. 1974; R.C.M. 1947, 89-118(2).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 2. Administration › 85-1-214. Exercise of department powers -- scope of jurisdiction

85-1-214. Exercise of department powers -- scope of jurisdiction.
The department may exercise any of its powers in:
(1) an adjoining state, unless the exercise of that power is not permitted under the laws of that state or of the United States;
(2) a national forest or public domain of the United States adjoining or located in the state of Montana, unless the exercise of those powers is not permitted under the laws of the United States;
(3) an adjoining country, unless the exercise of those powers is not permitted under the laws of that country or of the United States or under the treaties between that country and the United States.
History: En. Sec. 5, Ch. 35, Ex. L. 1933; amd. Sec. 2, Ch. 95, L. 1935; re-en. Sec. 349.5, R.C.M. 1935; amd. Sec. 1, Ch. 278, L. 1973; amd. Sec. 124, Ch. 253, L. 1974; amd. Sec. 1, Ch. 460, L. 1977; R.C.M. 1947, 89-105(4).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 2. Administration › 85-1-215. Department duties -- records and operations

85-1-215. Department duties -- records and operations.
The department shall keep accounting records of each project and by July 1 of each year prepare a financial statement showing the financial status of each project. All books and papers pertaining to matters provided for in this chapter shall at all reasonable times be open to the inspection of an interested party or citizen of the state. Except as otherwise provided in this chapter, the department has full charge and control of the construction, operation, and maintenance of the works and the collection of all rates, charges, and revenue from them. The department shall proceed immediately with the construction of the works as soon as funds are made available and shall complete the works as rapidly as possible.
History: En. Sec. 14, Ch. 35, Ex. L. 1933; re-en. Sec. 349.15, R.C.M. 1935; amd. Sec. 43, Ch. 177, L. 1965; amd. Sec. 132, Ch. 253, L. 1974; R.C.M. 1947, 89-118(part); amd. Sec. 18, Ch. 301, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 2. Administration › 85-1-216. Limitations on liabilities and obligations

85-1-216. Limitations on liabilities and obligations.
No liability or obligation shall be incurred under this chapter beyond the extent to which money is provided under this chapter.
History: En. Sec. 16, Ch. 35, Ex. L. 1933; re-en. Sec. 349.17, R.C.M. 1935; amd. Sec. 79, Ch. 147, L. 1963; amd. Sec. 134, Ch. 253, L. 1974; R.C.M. 1947, 89-120(part).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 2. Administration › 85-1-217. Restoration and repair of damaged property

85-1-217. Restoration and repair of damaged property.
All public or private property damaged or destroyed in carrying out the powers granted under this chapter shall be restored or repaired and placed in their original condition, as nearly as practicable, or adequate compensation made therefor out of funds provided by this chapter.
History: En. Sec. 16, Ch. 35, Ex. L. 1933; re-en. Sec. 349.17, R.C.M. 1935; amd. Sec. 79, Ch. 147, L. 1963; amd. Sec. 134, Ch. 253, L. 1974; R.C.M. 1947, 89-120(part).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 2. Administration › 85-1-218. Employment of county surveyors

85-1-218. Employment of county surveyors.
Whenever deemed practical the department may employ county surveyors in the assistance and preparation of surveys and investigations conducted by the department.
History: En. Sec. 2, Ch. 169, L. 1935; re-en. Sec. 349.64, R.C.M. 1935; amd. Sec. 80, Ch. 147, L. 1963; amd. Sec. 154, Ch. 253, L. 1974; R.C.M. 1947, 89-402(part).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 2. Administration › 85-1-219. State-owned works -- department approval -- bids -- procurement of goods and services

85-1-219. State-owned works -- department approval -- bids -- procurement of goods and services.
(1) For all state-owned works constructed, repaired, altered, improved, maintained, rehabilitated, or reconstructed, the department shall:
(a) review and approve all plans and working drawings prepared by engineers or architects, if any;
(b) approve all bond issues or other financial arrangements and supervise and approve the expenditure of all money;
(c) solicit, accept, and reject bids and award all contracts to the lowest qualified bidder, considering conformity with specifications and terms and reasonableness of bid amount;
(d) review and approve all change orders;
(e) accept the works when completed according to approved plans and specifications.
(2) Except as provided in subsection (3), the department shall solicit sealed, competitive bids before awarding a contract under subsection (1) and may award a contract only after receipt of at least one bid, if reasonably available.
(3) The department may negotiate a contract, without competitive bidding, with a contractor qualified to do business in Montana if:
(a) the department rejects all bids for the work;
(b) an emergency threatening life or property exists;
(c) an exigency exists; or
(d) the cost of goods, nonconstruction services, or professional services is $15,000 or less.
(4) (a) The provisions of Title 18, chapter 2, parts 2 through 4, apply to contracts awarded for construction under this section.
(b) The requirements of Title 18, chapter 4, do not apply to contracts for which the cost of goods or nonconstruction services is $15,000 or less.
(c) (i) Except as provided in subsection (4)(c)(ii), the department may contract for professional services by direct negotiation when the cost of professional services covered by the contract does not exceed $15,000.
(ii) The department may contract for architectural, engineering, and land surveying services by direct negotiation when the cost of the services covered by the contract does not exceed the limits provided in Title 18, chapter 8, part 2.
(iii) The department may not separate service contracts or split or break projects for the purpose of circumventing the provisions of Title 18, chapter 8, part 2.
History: En. Sec. 1, Ch. 498, L. 1985; amd. Sec. 1, Ch. 382, L. 2001; amd. Sec. 2, Ch. 162, L. 2003; amd. Sec. 1, Ch. 136, L. 2023.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 2. Administration › 85-1-220. State water project hydroelectric power generation special revenue account created -- revenue allocated

85-1-220. State water project hydroelectric power generation special revenue account created -- revenue allocated.
(1) There is a state water project hydroelectric power generation special revenue account within the state special revenue fund established in 17-2-102.
(2) Except as provided in the applicable bond resolution, all revenue derived from hydroelectric power generation at state water conservation projects under Title 85, chapter 1, must be paid into this account as received.
(3) The revenue received under this section must be used to repair and rehabilitate state-owned water projects and works and to pay the cost of financing those activities.
(4) The funds deposited in the state water project hydroelectric power generation special revenue account under this section but not appropriated during the biennium and money appropriated from the account but not expended during the biennium for which it is appropriated must remain in the account for future appropriation under this section and may not be appropriated from the account except as authorized under this section.
History: En. Sec. 1, Ch. 370, L. 1991; amd. Sec. 62, Ch. 422, L. 1997.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 2. Administration › 85-1-221. Contracts with the United States

85-1-221. Contracts with the United States.
The department may enter into contracts and leases with the United States, its instrumentalities or agencies, for the purpose of financing the construction of any works authorized by this chapter and may in those contracts or leases authorize the United States, its instrumentalities, or agencies to supervise and approve the construction, maintenance, and operation of the works or any project or portion thereof, until such times as any money expended, advanced, or loaned by said United States, its instrumentalities, or agencies and agreed to be repaid thereto by the department is fully repaid. It is a purpose and intent of this chapter that the department may accept cooperation from the United States, its instrumentalities, and agencies in the construction, maintenance, and operation and in financing the construction of any works authorized by this chapter, and the department may do all things necessary in order to avail itself of that aid, assistance, and cooperation under federal legislation now or hereafter enacted by congress.
History: En. Sec. 13, Ch. 35, Ex. L. 1933; re-en. Sec. 349.14, R.C.M. 1935; amd. Sec. 131, Ch. 253, L. 1974; R.C.M. 1947, 89-117.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 2. Administration › 85-1-222. Conformity to federal regulations authorized

85-1-222. Conformity to federal regulations authorized.
For the purpose of obtaining financial aid from the United States of America, the department may adjust the plans and operation of a project, created under this chapter, to conform to the laws and regulations of the federal government and the supervision of any agency constituted under that authority and may exercise those powers whenever conferred.
History: En. Sec. 20, Ch. 35, Ex. L. 1933; amd. Sec. 135, Ch. 253, L. 1974; R.C.M. 1947, 89-124.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 2. Administration › 85-1-223. Negotiations with other states by the department

85-1-223. Negotiations with other states by the department.
The department may negotiate with the duly constituted authorities or agencies of other states and of the United States in the preparation of interstate compacts or agreements governing the use, distribution, and allocation of the water of any stream or streams flowing from Montana into such other states or flowing from such other states into Montana. It shall cooperate with other states and with the United States in making the necessary studies and obtaining the data necessary to the preparation of the compacts. This authority and the duties hereby imposed are limited to the preparation and proposal of the compact and the compact or agreement is not binding upon the state of Montana until approved by the legislature of Montana and the legislatures of the other state or states involved in the compact.
History: En. Sec. 1, Ch. 27, Ex. L. 1933; re-en. Sec. 1956.1, R.C.M. 1935; amd. Sec. 2, Ch. 280, L. 1965; Sec. 81-2009, R.C.M. 1947; amd. and redes. 89-142 by Sec. 112, Ch. 253, L. 1974; R.C.M. 1947, 89-142.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 2. Administration › 85-1-224. Contracts with state agencies and counties

85-1-224. Contracts with state agencies and counties.
(1) A state agency or the boards of county commissioners having jurisdiction over any lands which may require the use of any water or water rights owned or controlled by the department or the United States or its agencies may enter into:
(a) such contracts as are necessary with the department, the United States, or agencies of the United States or others for the purchase of water or water rights needed for those lands; and
(b) any contracts as necessary or expedient, similar to contracts executed by individuals or others, to secure for the state, state institutions, counties, and state school and county lands the benefits of the water or water rights, which obligations may be similar to those of persons who become stockholders in corporations or who may agree to purchase and pay for water for irrigation purposes.
(2) These contracts may include agreements that the state and counties shall be subject to the same charges and payments as are other water users within the projects; however, none of those charges, payments, or costs shall constitute a lien against the state's interest in the lands.
(3) The obligations provided for in this section to be incurred upon behalf of the counties and the state shall not be in the nature of general obligations by either said counties or the state of Montana but shall constitute liens only upon such water or water rights purchased for the benefit of such lands.
History: (1), (2)En. Sec. 2, Ch. 97, L. 1935; re-en. Sec. 349.37, R.C.M. 1935; amd. Sec. 139, Ch. 253, L. 1974; Sec. 89-140, R.C.M. 1947; (3)En. Sec. 3, Ch. 97, L. 1935; re-en. Sec. 349.38, R.C.M. 1935; Sec. 89-141, R.C.M. 1947; R.C.M. 1947, 89-140, 89-141.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 3. Finance › 85-1-301. Water conservation revenue bonds

85-1-301. Water conservation revenue bonds.
(1) The department may provide, by resolution, at one time or from time to time, for the issuance of water conservation revenue bonds of the state for the purpose of paying the cost, of any one or more public works. The principal and interest of the bonds are payable solely from the special fund provided for payment. The bonds must mature at the time or times, not more than 40 years from their date or dates, that may be fixed by the resolution but may be made redeemable before maturity at the option of the state, to be exercised by the department, at the price or prices and under the terms and conditions that may be fixed by the department prior to the issuance of the bonds. The department shall determine the rate of interest the bonds shall bear, the time or times of payment of interest, the form of the bonds and the interest coupons to be attached to the bonds, and the manner of executing the bonds and coupons and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company within or outside of the state.
(2) Provisions may be made for the registration of any of the bonds in the name of the owner as to principal alone or as to both principal and interest. The bonds authorized under the provisions of this section and 85-1-303 may be issued and sold from time to time and in amounts that may be determined by the department, and the department may sell the bonds in a manner and for a price as it may determine to be for the best interests of the state. The proceeds of the bonds must be used solely for the payment of the cost of the works and must be checked out in the manner and under the restrictions, if any, that the department may provide.
(3) Each resolution providing for the issuance of bonds must set forth the project or projects for which the bonds are to be issued, and the bonds authorized by each resolution constitute a separate series. The bonds of each series must be identified by a series letter or letters and may be sold and delivered at one time or from time to time.
History: En. Sec. 6, Ch. 35, Ex. L. 1933; re-en. Sec. 349.6, R.C.M. 1935; amd. Sec. 11-156, Ch. 264, L. 1963; R.C.M. 1947, 89-109(1), (3), (5); amd. Sec. 45, Ch. 505, L. 1981; amd. Sec. 423, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 3. Finance › 85-1-302. Limitations on state liability

85-1-302. Limitations on state liability.
All bonds issued under 85-1-301 and 85-1-303 shall contain a statement on their face that the state shall not be obligated to pay the same or the interest thereon except from the special fund hereinafter set forth. In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before the delivery of such bonds, such signatures shall nevertheless be valid and sufficient for all purposes, the same as if they had remained in office until such delivery. All such bonds shall be fully negotiable, as provided by the Uniform Commercial Code--Investment Securities. Such bonds shall not constitute or be a debt, liability, or obligation of the state and shall be secured only by the revenues of such works and the funds received from the sale or disposal of water and from the operation, lease, sale, or other disposition of the works, property, and facilities to be acquired out of the proceeds of such bonds.
History: En. Sec. 6, Ch. 35, Ex. L. 1933; re-en. Sec. 349.6, R.C.M. 1935; amd. Sec. 11-156, Ch. 264, L. 1963; R.C.M. 1947, 89-109(2).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 3. Finance › 85-1-303. Procedure in case of insufficient bond proceeds

85-1-303. Procedure in case of insufficient bond proceeds.
If the proceeds of the bonds, by error of calculation or otherwise, are less than the cost of the works, additional bonds may in like manner be issued to provide the amount of the deficit and, unless otherwise provided in the trust indenture or in the resolution authorizing the bonds, are considered to be of the same issue and are entitled to payment from the same fund, without preference or priority of the bonds first issued for the same works. If the proceeds of bonds issued for the works exceed the cost of the works, the surplus must be paid into the fund provided for the payment of principal and interest of the bonds. Prior to the preparation of definitive bonds, the department may, under like restrictions, issue temporary bonds with or without coupons, exchangeable for definitive bonds when the bonds have been executed and are available for delivery. The bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things that are specified and required by this chapter or by the constitution of the state.
History: En. Sec. 6, Ch. 35, Ex. L. 1933; re-en. Sec. 349.6, R.C.M. 1935; amd. Sec. 11-156, Ch. 264, L. 1963; R.C.M. 1947, 89-109(4); amd. Sec. 424, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 3. Finance › 85-1-304. Lien upon bond proceeds

85-1-304. Lien upon bond proceeds.
All moneys received from any bonds issued pursuant to 85-1-301 and 85-1-303 shall be applied solely to the payment of the cost of the works or to the appurtenant debt service fund and to the "administration fund", as hereinafter provided, and there shall be and hereby is created and granted a lien upon such moneys, until so applied, in favor of the holders of the bonds or the trustee hereinafter provided for in respect of such bonds.
History: En. Sec. 7, Ch. 35, Ex. L. 1933; R.C.M. 1947, 89-110; amd. Sec. 30, Ch. 298, L. 1983.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 3. Finance › 85-1-305. Use of trust indenture to secure bonds

85-1-305. Use of trust indenture to secure bonds.
In the discretion of the department, a series of the bonds may be secured by a trust indenture by and between the department and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the state. Each trust indenture or an executed counterpart must be filed in the office of the secretary of state. The filing of a trust indenture or an executed counterpart in the office of the county clerk of the county in which the property covered by the trust indenture is located is constructive notice of its contents to all persons from the time of the filing, and the recording of the trust indenture or its contents is not necessary.
History: En. Sec. 8, Ch. 35, Ex. L. 1933; amd. Sec. 3, Ch. 95, L. 1935; re-en. Sec. 349.8, R.C.M. 1935; amd. Sec. 126, Ch. 253, L. 1974; R.C.M. 1947, 89-111(1); amd. Sec. 425, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 3. Finance › 85-1-306. Provisions for protecting bondholders

85-1-306. Provisions for protecting bondholders.
Either the resolution providing for the issuance of bonds or the trust indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders as are reasonable, proper, and not in violation of law, including covenants setting forth the duties of the state and the department in relation to the acquisition, construction, improvement, maintenance, operation, repair, and insurance of the works and the custody, safeguarding, and application of all money. It may provide that the works must be acquired, constructed, or partly acquired and partly constructed and paid for under the supervision and approval of consulting engineers employed or designated by the department and satisfactory to the original purchasers of the bonds issued for the works, or to their successors, assigns, or nominees, who may be given the right to require that security given by contractors and by any depositary of the proceeds of the bonds or receipts and revenue of the works or other money pertaining to the works must be satisfactory to the purchasers, successors, assigns, or nominees. The resolution or indenture may set forth the rights and remedies of the bondholders and trustee, restricting the individual rights of action of bondholders as is customary in trust indentures, deeds of trusts, and mortgages securing bonds or debentures of corporations. The enumeration of particular powers granted by this section may not be construed to impair any general grant of power contained in this chapter. All expenses incurred in carrying out the trust indenture may be treated as a part of the cost of maintenance, operation, and repairs of the works affected by the indenture.
History: En. Sec. 8, Ch. 35, Ex. L. 1933; amd. Sec. 3, Ch. 95, L. 1935; re-en. Sec. 349.8, R.C.M. 1935; amd. Sec. 126, Ch. 253, L. 1974; R.C.M. 1947, 89-111(2); amd. Sec. 426, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 3. Finance › 85-1-308. Provisions for conveyance in trust or mortgage

85-1-308. Provisions for conveyance in trust or mortgage.
In the discretion of the department, any trust indenture executed by it as security for a series of bonds may contain provisions for conveying in trust or mortgaging the works, the project, or any part of the works or project, including all water rights that are a part of the works or project, constructed with the proceeds of the bonds or with the proceeds as supplemented by the proceeds of a grant to aid in financing the construction from the United States or any instrumentality or agency of the United States. The trust indenture may be in a form and with rights, remedies, and provisions as is customary in trust indentures, deeds of trust, and mortgages securing bonds or debentures of corporations. Any purchaser at any sale of any works or project pursuant to a judgment or decree in an action to foreclose a trust indenture conveying in trust or mortgaging any works or project shall obtain title to the works or project free from any trust or other obligation of the department, the state of Montana, or the public as to its operation, maintenance, use, or disposition except the obligation to use all water impounded in the works or project for sale, rental, distribution, or other beneficial use.
History: En. Sec. 4, Ch. 95, L. 1935; re-en. Sec. 349.9, R.C.M. 1935; R.C.M. 1947, 89-112; amd. Sec. 428, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 3. Finance › 85-1-309. Actions by trustee and bondholders

85-1-309. Actions by trustee and bondholders.
(1) Any holder of any bonds issued under 85-1-301 or 85-1-303 or any of the coupons attached to the bonds and the trustee, if any, except to the extent the rights may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may:
(a) either at law or in equity, by suit, action, mandamus, or other proceeding, including proceedings for the appointment of a receiver, protect and enforce any and all rights granted under this chapter or under the resolution or trust indenture; and
(b) enforce and compel performance of all duties required by this chapter or by the resolution or trust indenture to be performed by the department.
(2) While any bonds issued by the department remain outstanding, the powers, duties, or existence of the department or any official or agency of the state may not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of the bonds.
History: En. Sec. 15, Ch. 35, Ex. L. 1933; re-en. Sec. 349.16, R.C.M. 1935; amd. Sec. 133, Ch. 253, L. 1974; R.C.M. 1947, 89-119; amd. Sec. 429, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 3. Finance › 85-1-310. Refunding revenue bonds

85-1-310. Refunding revenue bonds.
The department may issue refunding revenue bonds under the provisions of Title 7, chapter 7, part 46. For this purpose, in Title 7, chapter 7, part 46, references to "governing body" mean the "department" and references to "municipality" mean the "department".
History: En Sec. 11, Ch. 212, L. 1979; amd. Sec. 430, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 3. Finance › 85-1-321. Funds in general

85-1-321. Funds in general.
The department shall create a fund to be known as the "administration fund" and shall also create three separate funds in respect of the bonds of each series, one fund to be known as the "construction fund, series....", another fund to be known as the "water fund, series....", and another fund to be known as the "debt service fund, series....", each fund to be identified by the same series letter or letters as the bonds of the series. The money in each fund must be deposited in a depository or depositories and secured in the manner determined by the department. It is lawful for any bank or trust company incorporated under the laws of this state to act as the depository and to furnish indemnifying bonds or to pledge securities as may be required by the department. A separate account must be kept in each construction fund and in each water fund for each project. All expenditures not properly chargeable to the construction fund account or to the water fund account of any one project must be charged by the department in proportions as it shall determine to the construction fund accounts or to the water fund accounts, as the case may be, of the projects in respect of which the expenditures were incurred.
History: En. Sec. 9, Ch. 35, Ex. L. 1933; re-en. Sec. 349.10, R.C.M. 1935; amd. Sec. 127, Ch. 253, L. 1974; R.C.M. 1947, 89-113; amd. Sec. 32, Ch. 298, L. 1983; amd. Sec. 431, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 3. Finance › 85-1-322. Construction capital projects funds

85-1-322. Construction capital projects funds.
The proceeds of the bonds of each series issued under 85-1-301 and 85-1-303 shall be placed to the credit of the appropriate construction capital projects fund, which fund shall at all times be kept segregated and set apart from all other funds. There shall also be credited to the appropriate construction capital projects fund all accrued interest upon the bonds and the interest received upon the deposits of moneys in the fund and moneys received by way of grant from the United States or from any other source for the construction of the works. The moneys in each construction capital projects fund shall be paid out or disbursed in such manner as may be determined by the department, subject to this chapter, to pay the cost of the works. Any surplus which may remain in any construction capital projects fund after providing for the payment of the cost of the works shall be added to and become a part of the appropriate debt service fund hereinafter provided for.
History: En. Sec. 10, Ch. 35, Ex. L. 1933; re-en. Sec. 349.11, R.C.M. 1935; amd. Sec. 128, Ch. 253, L. 1974; R.C.M. 1947, 89-114; amd. Sec. 33, Ch. 298, L. 1983.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 3. Finance › 85-1-323. Debt service funds

85-1-323. Debt service funds.
(1) The department shall provide, in the proceedings authorizing the issuance of each series of bonds or in the trust indenture securing the bonds, for the paying into the appropriate debt service fund at stated intervals all money then remaining in the water fund after paying all costs of operation, maintenance, and repairs of the works. All money in each debt service fund must be pledged for the payment of and used only for the purpose of paying:
(a) the interest upon the bonds as interest is due;
(b) the necessary fiscal agency charges for paying bonds and interest;
(c) the principal of the bonds as due; and
(d) any premiums upon bonds retired by call or purchase as provided in this chapter.
(2) (a) Prior to the issuance of the bonds of each series:
(i) the department may provide by resolution or by trust indenture for using the debt service fund or any part of the fund in the purchase of any of the outstanding bonds payable from the fund at the market price of the bonds but not exceeding the price, if any, at which the bonds, at the next interest date, are payable or redeemable;
(ii) all bonds redeemed or purchased must be canceled, and bonds may not be issued in place of the canceled bonds.
(b) The money in each debt service fund, less the reserve that may be provided for in the resolution authorizing the bonds or in the trust indenture for the payment of interest and principal, if not used within a reasonable time for the purchase of bonds for cancellation as provided in this section, must be applied to the redemption of bonds then subject to redemption at the redemption price then applicable.
History: En. Sec. 12, Ch. 35, Ex. L. 1933; re-en. Sec. 349.13, R.C.M. 1935; R.C.M. 1947, 89-116; amd. Sec. 34, Ch. 298, L. 1983; amd. Sec. 432, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 3. Finance › 85-1-331. Acceptance and use of appropriations and contributions

85-1-331. Acceptance and use of appropriations and contributions.
The department may receive and accept appropriations and contributions from any source of either money or property or other things of value to be held, used, and applied for the purposes in this chapter.
History: En. Sec. 16, Ch. 35, Ex. L. 1933; re-en. Sec. 349.17, R.C.M. 1935; amd. Sec. 79, Ch. 147, L. 1963; amd. Sec. 134, Ch. 253, L. 1974; R.C.M. 1947, 89-120(2).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 3. Finance › 85-1-332. Disposition of money collected

85-1-332. Disposition of money collected.
(1) For the purpose of carrying out the provisions of this chapter and other water resource authority, powers, and duties that are conferred upon the department by law, the following money must be deposited in the water storage state special revenue account created by 85-1-631:
(a) all gifts, donations, bequests, and devises made to the state for purposes of this chapter and proceeds of the sale of the gifts, donations, bequests, and devises; and the proceeds of the sale or redemption of and the interest earned by the securities purchased or acquired with money received under this subsection;
(b) all reimbursements for money advanced for the payment of the assessments upon state, school-granted, and other public lands for the improvement of the lands as provided by law;
(c) all reimbursements for money advanced for the investigation and survey of reclamation, electrification, and rehabilitation systems or projects proposed to be financed in whole or in part by the reclamation of lands and diking, drainage, and diking and drainage dams for conservation of water to be used in reclamation of land or stock reservoirs or for the construction, maintenance, and operation of plants or projects for the manufacture or distribution of electric current;
(d) all reimbursements for costs of surveys and investigations for money advanced to counties, cities, or towns or their proportion of the cost of the surveys and investigations or from any other sources;
(e) except as otherwise provided by law, all income or profit and revenue of the works and all money received from the sale or disposal of water, use of water, water storage, or other service and from the operation, lease, sale, or other disposition of the works, property, and facilities acquired under this chapter; and
(f) except as otherwise provided by law, all sums received by the department for the use of electricity in excess of the maintenance and operation of the electrification system or project.
(2) All sums of money donated or contributed by the federal government or any department or agency of the federal government must be deposited in a federal special revenue account.
History: En. Sec. 1, Ch. 169, L. 1935; re-en. Sec. 349.63, R.C.M. 1935; amd. Sec. 241, Ch. 147, L. 1963; amd. Sec. 153, Ch. 253, L. 1974; amd. Sec. 3, Ch. 460, L. 1977; R.C.M. 1947, 89-401; amd. Sec. 46, Ch. 505, L. 1981; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 9, Ch. 512, L. 1985; amd. Sec. 7, Ch. 144, L. 1999.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 3. Finance › 85-1-333. Repealed

85-1-333. Repealed.
Sec. 52, Ch. 505, L. 1981.
History: En. Sec. 2, Ch. 169, L. 1935; re-en. Sec. 349.64, R.C.M. 1935; amd. Sec. 80, Ch. 147, L. 1963; amd. Sec. 154, Ch. 253, L. 1974; R.C.M. 1947, 89-402(part).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 3. Finance › 85-1-334. Repealed

85-1-334. Repealed.
Sec. 52, Ch. 505, L. 1981.
History: En. Sec. 1, Ch. 148, L. 1951; amd. Sec. 78, Ch. 147, L. 1963; amd. Sec. 130, Ch. 253, L. 1974; R.C.M. 1947, 89-116.1.