reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 1. Creation of Districts -- Generally › 85-7-102. Evidence of title

85-7-102. Evidence of title.
(1) The following documents are sufficient evidence of title for the purpose of this chapter:
(a) the certificate of the county clerk and recorder;
(b) the certificate of the department of natural resources and conservation; or
(c) records of ownership prepared by licensed title insurance producers.
(2) When lands have been purchased from the state and part or all of the purchase money has been paid but the patents or deeds from the state to the lands have not been issued, the receipt or receipts held by the purchasers or the certificate of the department showing the payments on account of purchase is evidence of title to the lands under this chapter.
History: En. Sec. 1, Ch. 146, L. 1909; amd. Sec. 1, Ch. 153, L. 1917; amd. Sec. 1, Ch. 116, L. 1919; re-en. Sec. 7166, R.C.M. 1921; amd. Sec. 1, Ch. 157, L. 1923; amd. Sec. 1, Ch. 112, L. 1925; re-en. Sec. 7166, R.C.M. 1935; amd. Sec. 15, Ch. 280, L. 1965; amd. Sec. 164, Ch. 253, L. 1974; R.C.M. 1947, 89-1201(2); amd. Sec. 1, Ch. 382, L. 1987; amd. Sec. 59, Ch. 16, L. 1991; amd. Sec. 479, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 1. Creation of Districts -- Generally › 85-7-103. Report by department of natural resources and conservation required

85-7-103. Report by department of natural resources and conservation required.
(1) Before any such district shall be established, there shall be presented to the district court, at the hearing on the petition for such establishment, a written report or opinion from the department of natural resources and conservation on the engineering features involved and the possibilities of water supplies, accompanied by a copy of the decree of the district court showing the adjudicated water rights in said streams from which said waters are to be diverted. For this purpose, a copy of the petition provided for in 85-7-104 and of all maps and other papers filed with the same shall be filed with the department at the time the original petition is filed with the clerk of the district court. The expense, if any, incurred by the department in the investigation and report upon the proposed district shall be certified with the report and shall be assessed as costs in said hearing, which costs shall be paid by the district in event of its establishment, and in event such petition be denied, then such costs shall be paid by the petitioners. The department shall, within a period of 120 days from the filing of said petition with the department, render its report, as herein provided, to the district court.
(2) Such report or opinion shall not be requested or obtained and shall not be necessary whenever it is proposed to cooperate with the United States under the federal reclamation laws heretofore or hereafter enacted or under any act of congress which shall permit of the performance by the United States of work in this state for the purposes of construction of irrigation works, including drainage works, or for purchase, extension, operation, or maintenance of constructed works or for the assumption, as principal or guarantor, of indebtedness to the United States on account of district laws.
History: En. Sec. 1, Ch. 146, L. 1909; amd. Sec. 1, Ch. 153, L. 1917; amd. Sec. 1, Ch. 116, L. 1919; re-en. Sec. 7166, R.C.M. 1921; amd. Sec. 1, Ch. 157, L. 1923; amd. Sec. 1, Ch. 112, L. 1925; re-en. Sec. 7166, R.C.M. 1935; amd. Sec. 15, Ch. 280, L. 1965; amd. Sec. 164, Ch. 253, L. 1974; R.C.M. 1947, 89-1201(3).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 1. Creation of Districts -- Generally › 85-7-104. Petition for organization

85-7-104. Petition for organization.
(1) For the purpose of establishing and organizing an irrigation district hereunder, a petition signed by the required number of holders of title or evidence of title to lands within the proposed district mentioned in 85-7-101 shall be filed with the clerk of the district court of the county in which the greatest portion of the lands of the proposed district is located. The petition shall set forth:
(a) the name suggested for the proposed district;
(b) a general description of the lands to be included in the proposed district;
(c) the names of the holders of title or evidence of title to the lands in the proposed district, ascertained in the manner mentioned in 85-7-101 and 85-7-102, and if a holder is a nonresident of the county or counties in which the proposed district lies, the post-office address of the nonresident owner, if known;
(d) generally, the source from which the lands in the proposed district are to be irrigated and the character of the works, water rights, canals, and other property proposed to be acquired or constructed for irrigation purposes in the proposed district;
(e) a prayer that the lands embraced within the proposed district be organized as an irrigation district according to the applicable provisions of this chapter.
(2) The petition shall be accompanied by:
(a) a map or plat of the proposed district; and
(b) a good and sufficient bond or undertaking, to be approved by the district court or judge thereof of the county in which the petition is required to be filed under the provisions of subsection (1), to pay all costs in and about the proceedings preliminary to the organization of the district in the event that the organization is not effected.
(3) Mere error or omission in the description of any lands or in the names of any of the holders of title or evidence of title to lands does not render invalid any proceedings hereunder or deprive the district court of jurisdiction of the subject matter. Such misdescribed lands or misnamed persons may not be included in the district.
History: En. Sec. 2, Ch. 146, L. 1909; re-en. Sec. 7167, R.C.M. 1921; re-en. Sec. 7167, R.C.M. 1935; amd. Sec. 14, Ch. 460, L. 1977; R.C.M. 1947, 89-1202.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 1. Creation of Districts -- Generally › 85-7-105. Order and notice of hearing on petition

85-7-105. Order and notice of hearing on petition.
(1) On such petition being filed, the district court or judge thereof shall make an order fixing the time and place of hearing on the petition and directing that notice thereof be given. Thereupon the clerk of said court shall cause to be published at least once a week for 2 successive calendar weeks in some newspaper published in the county where the petition is filed a copy of such petition, together with a notice stating the time and place fixed by the district court when and where the hearing on said petition will be had. If any portion of the lands within the proposed district lies within any other county or counties, then said petition and notice shall be published as above provided in a newspaper published in each such other county. If there be no newspaper published in such county, said petition and notice may be published in an adjoining county.
(2) The first publication of said petition and notice shall be not less than 30 days prior to the time mentioned in said notice for said hearing.
(3) If any holder of title or evidence of title to lands within the proposed district is a nonresident of the county or counties in which the proposed district lies, the clerk of said court shall, within 3 days after the first publication aforesaid, mail a copy of said petition and notice to each such nonresident whose post-office address is stated in said petition.
(4) The certificate of the clerk of the district court, under the seal of the court, as to the facts of the publishing and mailing of said petition and notice, affixed to a copy of said notice, shall be sufficient evidence of such facts.
History: En. Sec. 3, Ch. 146, L. 1909; re-en. Sec. 7168, R.C.M. 1921; re-en. Sec. 7168, R.C.M. 1935; R.C.M. 1947, 89-1203.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 1. Creation of Districts -- Generally › 85-7-106. Hearing on petition

85-7-106. Hearing on petition.
(1) At the time specified in the notice mentioned in 85-7-105, the district court in which the petition is filed shall hear the petition but may adjourn such hearing from time to time, not exceeding 3 weeks in all, and may continue the hearing for want of sufficient notice or other good cause. The court, upon application of the petitioners or any interested person or persons, shall permit the petition to be amended and may order further or additional notice to be given. Upon such hearing all interested persons whose lands or rights may be damaged or benefited by the organization of the district or by the irrigation works or improvements therein or to be acquired or constructed may appear and contest the necessity or utility of the proposed district or any part thereof, and the contestants and petitioners may offer any competent evidence in regard thereto.
(2) The court shall hear and determine whether the requirements of 85-7-101 through 85-7-105 have been complied with and for that purpose shall hear all competent and relevant testimony that may be offered.
History: En. Sec. 4, Ch. 146, L. 1909; amd. Sec. 2, Ch. 153, L. 1917; amd. Sec. 2, Ch. 116, L. 1919; re-en. Sec. 7169, R.C.M. 1921; re-en. Sec. 7169, R.C.M. 1935; amd. Sec. 15, Ch. 460, L. 1977; R.C.M. 1947, 89-1204(1), (2).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 1. Creation of Districts -- Generally › 85-7-108. Effect of court findings and order

85-7-108. Effect of court findings and order.
The finding and order are conclusive upon all the owners of lands within the district that they have assented to and accepted the applicable provisions of this chapter and are final unless appealed from to the supreme court within 60 days from the day of entry of the order. A copy of the order, duly certified to by the clerk of the district court, shall be filed for record within 30 days after the order is made and entered with the county clerk and recorder of the county where the lands included within the district are situated. Lands not situated in the county in which the copy is filed shall be omitted from the copy.
History: En. Sec. 4, Ch. 146, L. 1909; amd. Sec. 2, Ch. 153, L. 1917; amd. Sec. 2, Ch. 116, L. 1919; re-en. Sec. 7169, R.C.M. 1921; re-en. Sec. 7169, R.C.M. 1935; amd. Sec. 15, Ch. 460, L. 1977; R.C.M. 1947, 89-1204(6).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 1. Creation of Districts -- Generally › 85-7-109. Irrigation district as public corporation

85-7-109. Irrigation district as public corporation.
Every irrigation district so established is a public corporation for the promotion of the public welfare, and the lands included therein shall constitute all the taxable and assessable property of such district for the purposes of this chapter.
History: En. Sec. 4, Ch. 146, L. 1909; amd. Sec. 2, Ch. 153, L. 1917; amd. Sec. 2, Ch. 116, L. 1919; re-en. Sec. 7169, R.C.M. 1921; re-en. Sec. 7169, R.C.M. 1935; amd. Sec. 15, Ch. 460, L. 1977; R.C.M. 1947, 89-1204(7).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 1. Creation of Districts -- Generally › 85-7-110. Districts organized under earlier laws

85-7-110. Districts organized under earlier laws.
Any irrigation district organized under the provisions of Chapter 70, Laws of 1907, and Chapter 16, Laws of 1909, shall be governed by the applicable provisions of this chapter. Whenever any irrigation district shall have already been organized under the provisions of said session laws and shall have issued bonds or entered into any contract of purchase or construction, nothing contained in this chapter shall be construed as affecting the rights of the holders of said bonds or of any person, persons, corporation, or association party or parties to any such contract with said district, under or by virtue of any of the provisions of said session laws. If a majority of the holders of title or evidence of title to lands included in the district heretofore organized under the provisions of said session laws (said holders of title or evidence of title, also representing a majority in acreage of irrigable lands of said district) shall petition under the provisions of this part for the organization of a new district, including not less than four-fifths of the irrigable lands embraced within such districts so organized, and shall pray for an order disorganizing such district and vacating all proceedings therein, the court shall have jurisdiction to proceed under this part and part 15 to organize such new district and, in making its final order creating such new district, shall also make an order vacating and disorganizing the old district. All money or property belonging to such old district shall be and become the money and property of such new district. Should any lands included in the old district not be included in the new district, the commissioners of the latter shall pay to the owner or owners of such land their just proportion thereof, on the basis of the last assessment made.
History: En. Sec. 67, Ch. 146, L. 1909; re-en. Sec. 7263, R.C.M. 1921; re-en. Sec. 7263, R.C.M. 1935; R.C.M. 1947, 89-2110(part).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 2. Creation of Districts -- Adjudicated Streams › 85-7-201. Creation of districts by owners of water of adjudicated streams

85-7-201. Creation of districts by owners of water of adjudicated streams.
It is the purpose and intention of this part, in the furtherance of public welfare, to provide an effective public agency for the improvement, development, and maintenance of certain existing irrigation systems in cases where administration thereof, through the agency of a water commissioner and the existing statutes, is not effective.
History: En. Sec. 1, Ch. 117, L. 1933; re-en. Sec. 7187.4, R.C.M. 1935; R.C.M. 1947, 89-1318.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 2. Creation of Districts -- Adjudicated Streams › 85-7-202. Application of part

85-7-202. Application of part.
This part shall apply only when 20 or more owners of land with water rights appurtenant thereto are being served by one stream and its branches or from one source of water supply and in which the rights to the use of water shall have been determined by decree of a court of competent jurisdiction and at least 2,000 acres of land, contiguous in location or of reasonably compact area, are being served by the single stream or source.
History: En. Sec. 2, Ch. 117, L. 1933; re-en. Sec. 7187.5, R.C.M. 1935; amd. Sec. 20, Ch. 460, L. 1977; R.C.M. 1947, 89-1319.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 2. Creation of Districts -- Adjudicated Streams › 85-7-203. Petition, hearing, and order

85-7-203. Petition, hearing, and order.
Whenever the owners of land and water rights, as described in 85-7-202, desire to organize for the purposes mentioned in this part, a petition to that effect, signed by not less than 60% of the individual landowners who represent not less than 51% of the irrigable acres to be affected by the proposed district and 51% of the cubic feet of water per second decreed or adjudicated in the stream from which the irrigation district is to operate, shall be filed with the clerk of the district court of the county or counties in which the district is to be created. For the purpose of determining whether the requirements of acreage and cubic feet of water per second have been met by the petition, water diverted from the adjudicated stream and distributed under irrigation districts other than the one to be created under this part may not be considered; however, such water and acreage shall be required to pay all assessments the same as other water and acreage affected by irrigation districts created under this part. Upon filing of the petition, the court shall set a date for a hearing on the petition and a written notice shall be mailed, not less than 5 days prior to the hearing, to each landowner or water right owner affected by the proposed district. If the court finds from such hearing that an irrigation district, as prayed for in the petition, is feasible and practical, the court shall issue an order creating the irrigation district. The order shall constitute the authority for the district to function for the purposes and intent as outlined in this part. The court shall appoint five commissioners who are landowners or water right owners affected by such district to act until the first annual meeting.
History: En. Sec. 3, Ch. 117, L. 1933; re-en. Sec. 7187.6, R.C.M. 1935; amd. Sec. 21, Ch. 460, L. 1977; R.C.M. 1947, 89-1320.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 2. Creation of Districts -- Adjudicated Streams › 85-7-204. Election of board of trustees

85-7-204. Election of board of trustees.
On the first Monday in March of each year after the creation of the district, a meeting of the water right owners of such district shall be called, time and place for such meeting to be published in at least two issues of the local paper prior to such meeting, and at such meeting a board of trustees of five members to serve for 1 year shall be elected by ballot.
History: En. Sec. 4, Ch. 117, L. 1933; re-en. Sec. 7187.7, R.C.M. 1935; R.C.M. 1947, 89-1321.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 2. Creation of Districts -- Adjudicated Streams › 85-7-205. Duty of trustees, levy, and indebtedness

85-7-205. Duty of trustees, levy, and indebtedness.
The board of trustees may develop the source of supply; clean, improve, and develop the channel of the stream; and do and perform other work on the main distributing system as will be beneficial to the better distribution of the waters of the decreed water right stream and may cover the expenses of such work by levy. Whenever waters of the stream under the irrigation district created by this part are commingled with other waters or it is difficult to determine how many acres are irrigable by the water rights held in the stream, the acre basis of levy shall be determined by the number of cubic feet of water per second owned by such party or parties at the rate of .025 cubic feet of water per second to the acre. The board may not issue bonds or incur any indebtedness other than warrant indebtedness under the limitations imposed by law.
History: En. Sec. 5, Ch. 117, L. 1933; re-en. Sec. 7187.8, R.C.M. 1935; amd. Sec. 22, Ch. 460, L. 1977; R.C.M. 1947, 89-1322; amd. Sec. 1, Ch. 112, L. 1981.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 2. Creation of Districts -- Adjudicated Streams › 85-7-206. Basis and apportionment of annual tax

85-7-206. Basis and apportionment of annual tax.
The annual tax levy and the apportionment and distribution of the total amount required to be raised in any year must be determined and imposed in accordance with 85-7-2104 and the provisions and limitations of law applicable to irrigation districts organized under the provisions of parts 1 and 15 of this chapter.
History: En. Sec. 6, Ch. 117, L. 1933; re-en. Sec. 7187.9, R.C.M. 1935; R.C.M. 1947, 89-1323; amd. Sec. 152, Ch. 584, L. 1999; amd. Sec. 8, Ch. 93, L. 2007.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 2. Creation of Districts -- Adjudicated Streams › 85-7-207. Part not to conflict with other regulations

85-7-207. Part not to conflict with other regulations.
This part is not intended to conflict in any way with present statutes governing the appointment and duties of water commissioners on adjudicated water right streams or the operation of statutes as to the jurisdiction of courts over such commissioners and water rights and distribution of water under court decree but is for the sole purpose of making it possible for users of water out of decreed water right streams to improve the stream channel and conserve water in the best possible manner through the agency of an irrigation district, as provided for in this part.
History: En. Sec. 7, Ch. 117, L. 1933; re-en. Sec. 7187.10, R.C.M. 1935; R.C.M. 1947, 89-1324.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 2. Creation of Districts -- Adjudicated Streams › 85-7-208. Dissolution of district

85-7-208. Dissolution of district.
A district created under this part may be dissolved by court order upon proper hearing and in the same manner as this part provides for its creation.
History: En. Sec. 8, Ch. 117, L. 1933; re-en. Sec. 7187.11, R.C.M. 1935; R.C.M. 1947, 89-1325.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 3. Creation of Districts Common Water Supply › 85-7-301. Creation of district by owners of rights in common water supply

85-7-301. Creation of district by owners of rights in common water supply.
(1) It is a purpose and intention of this part, in the furtherance of the public welfare, to provide an effective public agency for the improvement, development, operation, maintenance, and administration of certain existing irrigation systems in cases where administration thereof through the agency of a water commissioner is not effective.
(2) It is a purpose and intention of this part to extend to irrigation districts organized hereunder the powers, duties, and status of the public corporations organized under the irrigation district laws of the state of Montana, as the same may now or hereafter exist; provided, that neither such districts nor the board of commissioners thereof shall have any power or authority to issue bonds or incur indebtedness, other than warrant indebtedness, under the limitations proposed by law. This part does not contemplate the acquisition by the district of the existing water, water rights, or system or works owned by the respective water right owners within the district.
History: En. Secs. 1, 8, Ch. 100, L. 1925; re-en. Secs. 7264.1, 7264.8, R.C.M. 1935; R.C.M. 1947, 89-2111, 89-2118.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 3. Creation of Districts Common Water Supply › 85-7-302. Application of part

85-7-302. Application of part.
This part shall apply only when more than 15 owners of land, with water rights appurtenant thereto, shall have diverted water by means of a single intake from the source of supply and shall have provided a single canal for conveying such water to the branches and laterals of an established irrigation system, serving at least 1,000 acres of land contiguous in location or of reasonably compact area and in which the rights to the use of the water shall have been determined by decree of a court of competent jurisdiction.
History: En. Sec. 2, Ch. 100, L. 1925; re-en. Sec. 7264.2, R.C.M. 1935; amd. Sec. 1, Ch. 134, L. 1943; R.C.M. 1947, 89-2112.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 3. Creation of Districts Common Water Supply › 85-7-303. Establishment of district

85-7-303. Establishment of district.
Whenever the owners of land and water rights, situated as described in 85-7-302, desire to organize for the purposes mentioned in this part, such owners may propose the establishment and organization of an irrigation district under the provisions of this chapter, except part 2, insofar as such laws are applicable hereto and not in conflict with the purposes and provisions of this part.
History: En. Sec. 3, Ch. 100, L. 1925; re-en. Sec. 7264.3, R.C.M. 1935; R.C.M. 1947, 89-2113.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 3. Creation of Districts Common Water Supply › 85-7-304. Sections not applicable

85-7-304. Sections not applicable.
The provisions of 85-7-1911(1) and (2), 85-7-1934, 85-7-1935, 85-7-1941 through 85-7-1943, 85-7-2001, 85-7-2011 through 85-7-2027, 85-7-2031, and 85-7-2032 do not apply to the organization of irrigation districts under this part.
History: En. Sec. 4, Ch. 100, L. 1925; re-en. Sec. 7264.4, R.C.M. 1935; R.C.M. 1947, 89-2114; amd. Sec. 79, Ch. 130, L. 2005.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 3. Creation of Districts Common Water Supply › 85-7-305. Apportionment of water by commissioners

85-7-305. Apportionment of water by commissioners.
The board of commissioners shall apportion the water for irrigation among the lands of the district in a just and equitable manner and in compliance with the decree adjudicating the rights thereto, but the maximum amount apportioned to any land shall be the amount that can be beneficially used thereon.
History: En. Sec. 5, Ch. 100, L. 1925; re-en. Sec. 7264.5, R.C.M. 1935; R.C.M. 1947, 89-2115.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 3. Creation of Districts Common Water Supply › 85-7-306. Development of water supply -- levy for expenses

85-7-306. Development of water supply -- levy for expenses.
The board of commissioners of such irrigation district shall have authority to develop the source of supply and increase the means of distribution of water to the end that all owners of water rights under the system shall receive the amount of water which can be beneficially used upon their lands within the district. The board may levy against each irrigable acre of land in the district on account of administrative expenses, cost of maintenance and repairs, development of water supply, or enlargement of distribution facilities.
History: En. Sec. 6, Ch. 100, L. 1925; re-en. Sec. 7264.6, R.C.M. 1935; R.C.M. 1947, 89-2116; amd. Sec. 2, Ch. 112, L. 1981.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 3. Creation of Districts Common Water Supply › 85-7-307. Tax levy

85-7-307. Tax levy.
Subject to 15-10-420, the annual tax levy and the apportionment and distribution of the total amount required to be raised in any year must be determined and imposed in accordance with the provisions and limitations of law applicable to other irrigation districts organized under parts 1 and 15 of this chapter.
History: En. Sec. 7, Ch. 100, L. 1925; re-en. Sec. 7264.7, R.C.M. 1935; R.C.M. 1947, 89-2117; amd. Sec. 153, Ch. 584, L. 1999.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 3. Creation of Districts Common Water Supply › 85-7-308. Validity of districts organized earlier

85-7-308. Validity of districts organized earlier.
Any irrigation district which has been heretofore organized under procedure in substantial compliance with the provisions of this part shall, upon March 10, 1925, become a public corporation, with the privileges and powers hereby conferred, to the same extent as if such irrigation district were organized under the authority of this part.
History: En. Sec. 9, Ch. 100, L. 1925; re-en. Sec. 7264.9, R.C.M. 1935; R.C.M. 1947, 89-2119.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 4. Subdistricts › 85-7-401. Authority to create subdistricts -- petition -- requirements

85-7-401. Authority to create subdistricts -- petition -- requirements.
(1) The board of commissioners of an irrigation district created and organized under Title 85, chapter 7, parts 1 and 15, may establish one or more subdistricts within the irrigation district to provide for and finance the cost of irrigation works, including gravity irrigation systems, gravity measure systems, or sprinkling systems, that would irrigate lands in the subdistrict but not other lands in the district. A subdistrict may be established only upon a petition signed by at least 60%, in number and acreage, of the holders of title or evidence of title to lands to be included within the subdistrict. The petition must be addressed to and filed with the board of commissioners and be accompanied by a map or plat of the proposed subdistrict.
(2) The petition must state:
(a) the name suggested for the proposed subdistrict;
(b) a general description of the land to be included in the proposed subdistrict;
(c) the name of each holder of title or evidence of title to the lands in the proposed subdistrict, as determined according to 85-7-101 and 85-7-102 and, if a holder is a nonresident of the county or counties in which the proposed district lies, the post-office address of the nonresident owner, if known;
(d) the general water source from which the land in the proposed subdistrict will be irrigated and the general character of the works, water rights, canals, and other property proposed to be acquired or constructed for irrigation purposes in or for the benefit of the proposed subdistrict; and
(e) a request that the land within the proposed subdistrict be made a subdistrict according to the provisions of 85-7-401 through 85-7-404.
History: En. Sec. 1, Ch. 439, L. 1989.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 4. Subdistricts › 85-7-402. Notice of hearing on petition to create subdistrict

85-7-402. Notice of hearing on petition to create subdistrict.
(1) Upon the filing of a petition to create a subdistrict, the board of commissioners of the irrigation district shall by order fix the time and place for a hearing on the petition and shall direct that notice of the hearing be given.
(2) The notice of the hearing must state:
(a) the name of the proposed subdistrict and its purpose;
(b) the time and place of the hearing;
(c) a general description of the land proposed to be included in the subdistrict;
(d) a general description of the water source; and
(e) the general character of the works, water rights, canals, and other property proposed to be acquired or constructed in or for the benefit of the subdistrict.
(3) The board shall publish notice of the hearing at least once a week for 2 successive weeks in a newspaper published in each county in which the proposed subdistrict is located. The first publication must occur not less than 15 days before the date of the hearing.
(4) Notice of the hearing must also be mailed not less than 15 days before the date of the hearing to each holder of title or evidence of title to land within the proposed subdistrict. However, a defect in the notice or failure to give mailed notice does not affect the validity of the proceeding for the creation of a subdistrict under 85-7-401 through 85-7-404.
History: En. Sec. 2, Ch. 439, L. 1989.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 4. Subdistricts › 85-7-403. Hearing on petition to create subdistrict

85-7-403. Hearing on petition to create subdistrict.
(1) The board of commissioners shall hear the petition at the time specified in the notice provided under 85-7-402. The board may adjourn the hearing for lack of sufficient notice or other good cause. The hearing must be completed within 3 weeks of the initial hearing.
(2) Upon application of the petitioners or any interested person or persons, the board shall allow the petition to be amended and may order that additional notice be given.
(3) At the hearing, any person whose land or property rights may be damaged or benefited by the creation of the subdistrict or by the irrigation works or improvements to be acquired or constructed in or for the benefit of the subdistrict may appear and submit oral or written testimony.
History: En. Sec. 3, Ch. 439, L. 1989.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 4. Subdistricts › 85-7-411. Alteration and determination of subdistrict acreage

85-7-411. Alteration and determination of subdistrict acreage.
(1) Land may be deleted from or added to the subdistrict in the same manner provided for irrigation districts in 85-7-1801 through 85-7-1810.
(2) Land in a subdistrict that is deleted from an irrigation district remains in the subdistrict unless it is specifically deleted from the subdistrict according to subsection (1).
(3) The taxable area of the land in the subdistrict may be determined in the manner provided in 85-7-1841 through 85-7-1845.
History: En. Sec. 5, Ch. 439, L. 1989; amd. Sec. 2, Ch. 306, L. 1997.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 4. Subdistricts › 85-7-412. Dissolution of subdistrict

85-7-412. Dissolution of subdistrict.
A subdistrict created under 85-7-404 may be dissolved by order of the district court of the county in which the greatest portion of lands of the subdistrict are located, in the manner provided for dissolution of irrigation districts in Title 85, chapter 7, part 10.
History: En. Sec. 6, Ch. 439, L. 1989.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 10. Dissolution of Districts › 85-7-1001. Proceedings for dissolution of district

85-7-1001. Proceedings for dissolution of district.
(1) Whenever an irrigation district has been organized under the provisions of parts 1 and 15, then such district may be dissolved by an order of the district court of the county in which the lands or the greater portion of the lands are situate whenever:
(a) no irrigation plant or system for the irrigation of the lands in the district has been constructed or purchased;
(b) no bonded indebtedness has been incurred; and
(c) all expenses for the organization and all other indebtedness of the district have been paid.
(2) In order that the district court may acquire jurisdiction to enter such order dissolving the district, a petition must be filed with the clerk of said district court, signed by an equal number of holders of title or evidence of title as are required to sign the original petition for the creation of the district. The district court must make an order for the hearing of said petition within 30 days from its filing, and the clerk of the court must give due notice of the hearing of such petition by posting three notices in three public places in said district and by publication of a notice of the hearing for 2 successive weeks in a newspaper of general circulation published in the county. Upon the hearing of said petition, any person interested may appear and give evidence for or against the granting of said petition. If, upon said hearing, the court finds that no bonded indebtedness of the district has been created and all of the expenses of organization and all other indebtedness have been paid and that the best interests of the landowners of said district require that the district shall be dissolved, the district court shall make such order dissolving said district and shall cause a certified copy of the order to be recorded in the office of the county clerk and recorder of said county.
History: En. Sec. 3, Ch. 96, L. 1919; re-en. Sec. 7253, R.C.M. 1921; re-en. Sec. 7253, R.C.M. 1935; R.C.M. 1947, 89-2001.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 10. Dissolution of Districts › 85-7-1002. Dissolution of districts having incurred indebtedness

85-7-1002. Dissolution of districts having incurred indebtedness.
(1) Any irrigation district organized and existing under the laws of the state of Montana may be dissolved by an order of the district court of the county in which the land or the greater portion of the lands of the district are situated.
(2) In case a district has incurred bonded indebtedness and has constructed or purchased any irrigation plant or system for the irrigation of the land in the district, it shall be necessary, in order that the district court may acquire jurisdiction to enter an order dissolving the district, that a petition be filed with the clerk of said district court. This petition shall be signed by an equal number of holders of title or evidence of title as are required to sign the original petition for the creation of the district and must also be signed by a sufficient number of bondholders of the district or by their assignees or duly authorized agents, representing at least 80% of the outstanding bonds of said district.
(3) In case a district has incurred bonded indebtedness but has not constructed or purchased any irrigation plant or system for the irrigation of land in the district and more than 10 years have expired since the date of organization of the district, then in such case, such district may be dissolved by an order of the district court of the county in which the land or the greater part of the lands are situated if the petition praying for dissolution shall be signed by a majority of the board of irrigation district commissioners and also by a sufficient number of bondholders of the district or by their assignees or duly authorized agents, representing at least 80% of the outstanding bonds of said district.
History: En. Sec. 1, Ch. 60, L. 1933; re-en. Sec. 7253.1, R.C.M. 1935; amd. Sec. 1, Ch. 144, L. 1943; R.C.M. 1947, 89-2002.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 10. Dissolution of Districts › 85-7-1003. Contents of petition

85-7-1003. Contents of petition.
The petition of 85-7-1002 shall set forth the amount of the outstanding bonds, coupons, and other indebtedness, if any, together with the general description of them, showing the amount of each described indebtedness and the ownership, so far as known, of the indebtedness. The petition shall also state the assets of the district, including any irrigation systems, dams, reservoirs, canals, franchises, water rights, and other property; and in case any proposition has been made by the holders of the indebtedness to settle the indebtedness, this proposition, together with any plan proposed to carry the proposition into execution, shall be included in the petition.
History: En. Sec. 2, Ch. 60, L. 1933; re-en. Sec. 7253.2, R.C.M. 1935; amd. Sec. 37, Ch. 460, L. 1977; R.C.M. 1947, 89-2003.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 10. Dissolution of Districts › 85-7-1004. Use of corporation to carry out dissolution plan

85-7-1004. Use of corporation to carry out dissolution plan.
In carrying out such plan and proposition, a corporation may be organized under the general laws for the purpose of acquiring the assets of said district, including the irrigation system, if any, dams, reservoirs, canals, franchises, water rights, and other property, which corporation shall have all the powers, rights, and franchises of corporate bodies organized under general laws and in addition shall have such further power as may be necessary to possess and carry on said irrigation system and exercise such franchise and water rights.
History: En. Sec. 3, Ch. 60, L. 1933; re-en. Sec. 7253.3, R.C.M. 1935; R.C.M. 1947, 89-2004.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 10. Dissolution of Districts › 85-7-1005. Hearing on petition, notice, and order

85-7-1005. Hearing on petition, notice, and order.
The district court must make an order for the hearing of the petition for the dissolution of the district within 30 days from its filing, and the clerk of the court must give due notice of the hearing of said petition by posting three notices in three public places in said district and by publication of a notice of the hearing for 2 successive weeks in a newspaper of general circulation published in the county and by mailing notice of said hearing to all known bondholders of the district. Upon the hearing of said petition, any person interested may appear and give evidence for or against the granting of said petition.
History: En. Sec. 4, Ch. 60, L. 1933; re-en. Sec. 7253.4, R.C.M. 1935; R.C.M. 1947, 89-2005.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 10. Dissolution of Districts › 85-7-1006. Court's authority at hearing

85-7-1006. Court's authority at hearing.
(1) At the hearing by said court it shall determine the regularity, legality, and correctness of all proceedings and in so doing shall disregard any error, irregularity, or omission which does not affect the substantial rights of the parties. The rules of pleading and practice in Title 25 not inconsistent with the provisions of this part are made applicable to the proceedings herein provided. The proceedings herein are declared to be for the general interest of the public and state. The hearing upon said petition shall be considered as an equitable action in rem.
(2) If the court shall consider, after hearing, that the plan proposed in the petition is not in the public interest and will not promote public welfare or is unfair to bondholders or property holders or general creditors, it may allow the petitioners to amend their petition and to submit a modified or different plan and hear the amended petition and hear and dispose of objections to the same. The judgment may dissolve the district as a public corporation; transfer water rights appurtenant to lands, whether represented by shares of stock or otherwise; and divest the lien of bonds upon lands in the district.
History: En. Sec. 5, Ch. 60, L. 1933; re-en. Sec. 7253.5, R.C.M. 1935; R.C.M. 1947, 89-2006.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 10. Dissolution of Districts › 85-7-1007. Court decree and sale of assets

85-7-1007. Court decree and sale of assets.
(1) The court, in its decree, shall have the power to make the orders necessary to carry out said proposition for the discharge of the indebtedness and distribution of the property of said district and may decree a sale of its assets in such manner as may effectuate said proposition and as the court may judge best, either in one lot or in such parcels as may be provided and may provide for conveyance of said irrigation system, including dams, reservoirs, canals, franchises, water rights, and other property and also of any other assets of the district, including lands sold thereto.
(2) The court, in its investigation and determination of said matter, may take into consideration the fact that payments have been made by certain of the water users in excess of other water users who have defaulted. In its decree the court may require that the purchaser of the assets may give consideration to various water users for payments theretofore made by them on the irrigation system.
History: En. Sec. 6, Ch. 60, L. 1933; re-en. Sec. 7253.6, R.C.M. 1935; R.C.M. 1947, 89-2007.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 10. Dissolution of Districts › 85-7-1008. Final decree of dissolution -- when made

85-7-1008. Final decree of dissolution -- when made.
Whenever all the property of such irrigation district shall have been disposed of and all the obligations thereof, if any there be, shall have been discharged, the court shall enter a final decree declaring said district to be dissolved.
History: En. Sec. 7, Ch. 60, L. 1933; re-en. Sec. 7253.7, R.C.M. 1935; R.C.M. 1947, 89-2008.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 14. Irrigation District Revenue Bond Act › 85-7-1402. Definitions

85-7-1402. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Irrigation district" means a district created pursuant to Title 85, chapter 7, part 1.
(2) "Issuer" means the board of commissioners of an irrigation district or a board of control created pursuant to Title 85, chapter 7, part 16.
(3) "Revenues" means any fees, charges, rates, rents, or lease payments.
(4) "Undertaking" means any one or a combination of the following:
(a) water sources, water rights, irrigation canals, irrigation systems, including pumping facilities or gravity measure systems, reservoirs, reservoir sites, or small power production facilities that are:
(i) certified as such by the federal energy regulatory commission; and
(ii) are associated with federal reclamation projects;
(b) any real or personal property or water rights related to or necessary to provide, operate, and maintain an undertaking listed in subsection (4)(a).
History: En. Sec. 2, Ch. 193, L. 1987.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 14. Irrigation District Revenue Bond Act › 85-7-1403. Interpretation

85-7-1403. Interpretation.
(1) The powers conferred in this part are in addition to the powers conferred by any other general, special, or local law.
(2) An undertaking may be acquired, constructed, or improved, and bonds may be issued under this part for such purposes, notwithstanding the provisions of Title 85, chapter 7.
(3) If the provisions of this part are inconsistent with the provisions of Title 85, chapter 7, the provisions of this part control.
History: En. Sec. 3, Ch. 193, L. 1987.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 14. Irrigation District Revenue Bond Act › 85-7-1411. Authority to acquire, construct, maintain, operate, and lease various undertakings

85-7-1411. Authority to acquire, construct, maintain, operate, and lease various undertakings.
(1) An irrigation district may:
(a) construct, acquire by gift, purchase, or lease, or improve any undertaking, within or outside the irrigation district, and acquire by gift, purchase, or lease land or rights in land or water rights in connection with the undertaking;
(b) operate and maintain or enter into a contract for the operation and maintenance of any undertaking and furnish or enter into a contract for the furnishing of services, facilities, and commodities of the undertaking for its own use and for the use of public and private consumers within or outside the territorial boundaries of the irrigation district. However, an irrigation district may not furnish or enter into a contract for the furnishing of electrical energy or capacity except to a qualified purchaser under the Public Utility Regulatory Policies Act of 1978.
(c) lease any undertaking to a private or governmental entity.
(2) This section may not be construed to permit an irrigation district to condemn any property owned or controlled by a rural electric cooperative or a utility, whether publicly or privately owned. An irrigation district is expressly prohibited from condemning, pursuant to Title 70, chapter 30, property owned or controlled by a rural electric cooperative or utility.
History: En. Sec. 4, Ch. 193, L. 1987; amd. Sec. 105, Ch. 125, L. 2001; amd. Sec. 23, Ch. 275, L. 2017.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 14. Irrigation District Revenue Bond Act › 85-7-1412. Joint undertakings

85-7-1412. Joint undertakings.
Irrigation districts, through their respective boards of commissioners, may enter into contracts to jointly plan, acquire, construct, operate, maintain, and finance any undertaking in accordance with Title 85, chapter 7, part 16. The contract must specify, if an undertaking is financed under this part:
(1) that the contract cannot be terminated prior to the redemption or cancellation of any bonds issued under it; and
(2) the manner of disposing of the undertaking upon termination of the contract.
History: En. Sec. 5, Ch. 193, L. 1987.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 14. Irrigation District Revenue Bond Act › 85-7-1413. Authority to issue revenue bonds

85-7-1413. Authority to issue revenue bonds.
An irrigation district may:
(1) issue its bonds to finance in whole or in part the acquisition, construction, or improvement of any undertaking; and
(2) pledge to the punctual payment of bonds issued under this part and interest thereon an amount of the revenue of the undertaking (including subsequent improvements or extensions) sufficient to pay the bonds and interest as they become due, and maintain reasonable reserves therefor.
History: En. Sec. 6, Ch. 193, L. 1987.