reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 4. Organization and Procedure › 85-9-411. Annual report of directors' activities

85-9-411. Annual report of directors' activities.
Before August 1 of each year, the directors shall send a written report of their activities during the previous fiscal year to the court and to the department. Reports shall be in the form and contain the information prescribed by the department.
History: En. Sec. 21, Ch. 100, L. 1969; amd. Sec. 190, Ch. 253, L. 1974; R.C.M. 1947, 89-3421.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 4. Organization and Procedure › 85-9-421. Persons entitled to vote

85-9-421. Persons entitled to vote.
(1) Only persons who are taxpayers upon and owners of real property located within the district and whose names appear upon the last-completed assessment roll of some county within the district for state, county, and school district taxes are electors and are entitled to vote in elections, provided that:
(a) an elector need not reside within the district in order to vote;
(b) when a corporation owns taxable real property within the boundaries of the conservancy district, the authorized agent of the corporation is entitled to cast a vote on behalf of the corporation;
(c) when land is under contract of sale to a purchaser and the contract is recorded, only the purchaser has the right to vote;
(d) guardians, executors, administrators, and trustees of real property within the district are entitled to cast the vote for the owner of the land.
(2) When voting, an agent of a corporation or of co-owners or a guardian, executor, administrator, trustee, or purchaser under contract of sale may be required to show the person's authority by the judges of the election.
History: En. Sec. 23, Ch. 100, L. 1969; R.C.M. 1947, 89-3423; amd. Sec. 2822, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 4. Organization and Procedure › 85-9-422. Repealed

85-9-422. Repealed.
Sec. 262, Ch. 49, L. 2015.
History: En. Sec. 24, Ch. 100, L. 1969; R.C.M. 1947, 89-3424; amd. Sec. 374, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 4. Organization and Procedure › 85-9-423. Repealed

85-9-423. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 25, Ch. 100, L. 1969; amd. Sec. 49, Ch. 460, L. 1977; R.C.M. 1947, 89-3425.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 5. Alteration of Districts › 85-9-501. Merger of districts

85-9-501. Merger of districts.
(1) In case two or more districts have been organized in a territory that, in the opinion of the directors of each of the districts, should constitute but one district, the directors of the districts may petition the court for an order merging the districts into a single district. The petition must be filed in the office of the clerk of the district court in and for that county which has the largest portion of taxable valuation of property within the districts sought to be included, as shown by the tax rolls of the respective counties. The petition shall set forth facts showing that the purposes of this chapter would be served by the merging of the districts and that the merger would promote the economical execution of the purposes for which the districts were organized. A copy of the petition must be filed with the department.
(2) Upon the filing of the petition, the court shall by order fix a time and place of hearing, and the clerk shall give notice as provided in 7-1-2121 and also notify by mail the directors of the districts that would be merged. The notice must contain the purpose, time, and the place of the hearing.
(3) Upon the hearing, if the court finds that the averments of the petition are true and that the districts or any of them could feasibly and profitably be merged, it shall order that the merger must take place and the districts must be merged into one district and proceed as such. The court shall designate the corporate name of the district, and further proceedings must be taken as provided for in this chapter. The court shall by order appoint the directors of the district, who shall thereafter have powers and be subject to rules as are provided for directors in districts created in the first instance.
(4) Instead of organizing a new district from the constituent districts, the court may, in its discretion, direct that one or more of the districts described in the petition be included in another of the districts, which other shall continue under its original corporate name and organization, or the court may direct that the district or districts so absorbed must be represented on the directors of the original districts, designating what members of the directors of the original district shall retire from the new board and what members representing the included district or districts shall take their places.
(5) If the court receives a petition opposing the merger, signed by a majority of the electors of any of the concerned districts, the court shall not grant the order and shall dismiss the petition.
(6) Upon merger or inclusion, existing obligations shall remain exclusively with those who bore them prior to the merger or inclusion, except with the written consent, given prior to the merger or inclusion, of those who did not bear the obligations.
History: En. Sec. 38, Ch. 100, L. 1969; amd. Sec. 192, Ch. 253, L. 1974; R.C.M. 1947, 89-3438; amd. Sec. 259, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 5. Alteration of Districts › 85-9-502. Annexation of property

85-9-502. Annexation of property.
(1) To annex real property to the district, the procedure is as follows:
(a) The directors shall petition the court.
(b) The petition must:
(i) give a general description of the real property to be annexed sufficient to enable a person to determine if the person's property is in the proposed annexation; and
(ii) describe the benefits to accrue to the real property as a result of the annexation.
(2) The court shall:
(a) give notice and hold a hearing on the petition; and
(b) upon good cause shown, order or deny the annexation.
History: En. Sec. 39, Ch. 100, L. 1969; R.C.M. 1947, 89-3439; amd. Sec. 2823, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 5. Alteration of Districts › 85-9-503. Preannexation bonds

85-9-503. Preannexation bonds.
Real property annexed to a district shall not incur any liens by reason of bonds issued before annexation unless agreed to by the owners of the annexed property, in writing, prior to annexation.
History: En. Sec. 40, Ch. 100, L. 1969; R.C.M. 1947, 89-3440.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 5. Alteration of Districts › 85-9-504. Procedure to exclude lands

85-9-504. Procedure to exclude lands.
Any territory included within a district formed under the provisions of this chapter and not benefited in any manner by the district or its inclusion in the district may be excluded from the district. The procedure for exclusion consists of the following:
(1) A petition for exclusion must be initiated by either the directors or the owner or owners of the land sought to be excluded.
(2) The petition must:
(a) give a description of the territory sought to be excluded sufficient to enable a person to determine if the person's property is in the proposed exclusion;
(b) set forth that the territory is not benefited in any manner by the district or its continued inclusion in the district; and
(c) request that the territory be excluded from the district.
(3) When owners of property initiate the petition for exclusion, the petition must be filed with the secretary of the district and must be accompanied by a deposit of $100 to meet the costs incident to the process of exclusion. The unexpended balance of the deposit must be returned to the petitioner.
(4) Upon the filing of the petition with the secretary of the district, the secretary shall call a meeting of the directors to consider the petition. The directors shall approve or disapprove of the merits of the petition. The secretary shall then file the petition, together with a copy of the action of the directors, with the court.
(5) The court shall give notice, hold a hearing, and issue an order either granting or denying the petition.
History: En. Sec. 41, Ch. 100, L. 1969; R.C.M. 1947, 89-3441; amd. Sec. 2824, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 6. Finance › 85-9-601. Assessments

85-9-601. Assessments.
(1) To the extent that anticipated revenues from rates, fees, and other charges fixed pursuant to 85-9-407(1) will not be sufficient to meet the district's anticipated obligations for annual operation, maintenance, and replacement or depreciation of works or for payment of the interest and principal on bonded indebtedness, the directors may make an assessment of not more than 2 mills on all taxable real property in the district for the purpose of fully meeting such obligations.
(2) In addition to the assessment authorized by subsection (1), the directors may annually make an assessment of up to 3 mills on the taxable real property in the district to pay interest and principal on bonded indebtedness.
(3) The assessments are a lien upon each lot or parcel of land within the district to the extent of the assessment on each.
(4) All assessments have the same force and effect as other liens for taxes, and their collection shall be enforced in the way provided for enforcement of liens for county taxes. Assessments, if not paid, become delinquent at the same time as county taxes.
(5) Except as provided in 85-9-624, approval of the electors is not required for the making of these assessments.
History: En. Sec. 16, Ch. 100, L. 1969; R.C.M. 1947, 89-3416.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 6. Finance › 85-9-602. Notice of public budget hearing

85-9-602. Notice of public budget hearing.
(1) The directors shall, prior to the first Monday in May of each year, give notice in accordance with 7-1-2121 of the intention to hold a public budget hearing. The notice shall include the date, time, place, and general agenda.
(2) At the hearing, the directors shall:
(a) review the present budget;
(b) present the budget for the next year;
(c) hear and consider protests from any elector;
(d) adopt the budget for the next year; and
(e) set the assessment for the next year.
History: En. Sec. 17, Ch. 100, L. 1969; R.C.M. 1947, 89-3417; amd. Sec. 260, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 6. Finance › 85-9-603. Directors to provide financial information

85-9-603. Directors to provide financial information.
(1) Before the first Monday in August of each year, the directors shall provide the department of revenue and the county treasurer with:
(a) the budget for the current fiscal year;
(b) a statement of the amount of special assessments to be collected for the districts; and
(c) a listing of all real property within the district.
(2) If the district is located in more than one county, the directors shall provide this information to the department of revenue and each of the affected county treasurers.
History: En. Sec. 18, Ch. 100, L. 1969; R.C.M. 1947, 89-3418; amd. Sec. 156, Ch. 27, Sp. L. November 1993; amd. Sec. 7, Ch. 34, L. 2003.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 6. Finance › 85-9-604. Collection and investment of assessments

85-9-604. Collection and investment of assessments.
(1) The treasurer of each county in which the district is located shall collect special assessments at the same time and in the same way as county taxes.
(2) If the district is located in more than one county, all assessments collected must be deposited with the treasurer of the county in which the assessments were collected.
(3) The directors shall direct the county treasurer to invest any surplus district funds in saving or time deposits in a state or national bank, savings and loan association, or credit union insured by the federal deposit insurance corporation or the national credit union administration or to invest in direct obligations of the United States government payable within 180 days from the time of investment. All interest collected on the deposits or investments must be credited to the fund from which the money was withdrawn. However, 5% of the interest must be deposited in the general fund of the county.
History: En. Sec. 19, Ch. 100, L. 1969; R.C.M. 1947, 89-3419; amd. Sec. 17, Ch. 421, L. 1985; amd. Sec. 81, Ch. 10, L. 1993.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 6. Finance › 85-9-611. Repealed

85-9-611. Repealed.
Sec. 13, Ch. 179, L. 1995.
History: En. Sec. 22, Ch. 100, L. 1969; amd. Sec. 191, Ch. 253, L. 1974; amd. Sec. 53, Ch. 213, L. 1975; R.C.M. 1947, 89-3422; amd. Sec. 7, Ch. 274, L. 1981; amd. Sec. 1, Ch. 287, L. 1983.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 6. Finance › 85-9-621. Issuance of bonds -- term and multipurpose bonds

85-9-621. Issuance of bonds -- term and multipurpose bonds.
A district may issue bonds payable from revenues, assessments, or both, or the district may use other financing as provided by this chapter for the cost of works. Bonds issued shall be for a maximum term of not to exceed 40 years. Bonds for more than one purpose may be sold as a single issue.
History: En. Sec. 26, Ch. 100, L. 1969; amd. Sec. 43, Ch. 234, L. 1971; R.C.M. 1947, 89-3426.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 6. Finance › 85-9-622. Issuance of bonds -- determination of amount

85-9-622. Issuance of bonds -- determination of amount.
In determining the amount of bonds to be issued, the directors may include:
(1) all costs of works;
(2) all costs and estimated costs of issuance of the bonds;
(3) interest which they estimate will accrue on money borrowed during the construction period and for 6 months after the period.
History: En. Sec. 27, Ch. 100, L. 1969; R.C.M. 1947, 89-3427.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 6. Finance › 85-9-623. Issuance of bonds -- resolution and election

85-9-623. Issuance of bonds -- resolution and election.
When the directors find it necessary to issue bonds, the directors shall:
(1) pass a resolution that includes:
(a) the purpose or purposes for which the bonds will be issued;
(b) the maximum amount and term of the bonds;
(c) the maximum interest rate that the bonds will bear; and
(d) whether the bonds will be repaid from revenue, assessments, or both;
(2) give notice in accordance with 7-1-2121 that must include the resolution adopted by the directors and the location of polling places unless the election is conducted by mail ballot, as provided in Title 13, chapter 19; and
(3) hold an election conducted in accordance with Title 13, chapter 1, part 5.
History: En. Sec. 28, Ch. 100, L. 1969; R.C.M. 1947, 89-3428; amd. Sec. 70, Ch. 387, L. 1995; amd. Sec. 15, Ch. 234, L. 1997; amd. Sec. 261, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 6. Finance › 85-9-624. Issuance of bonds -- approval and assessments

85-9-624. Issuance of bonds -- approval and assessments.
(1) For a bond issue to be approved, 40% of the qualified electors must vote thereon and 60% of those voting must approve the issue.
(2) Approval of the bond issue shall authorize the directors to make assessments necessary to pay the principal and interest on bonds issued, as provided in 85-9-601.
(3) The directors shall enter the results of the election in their records.
(4) If otherwise fairly conducted, no irregularities or informalities shall invalidate the election.
(5) Bonds for more than one purpose may be submitted to the electors as a single proposition.
History: En. Sec. 29, Ch. 100, L. 1969; R.C.M. 1947, 89-3429.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 6. Finance › 85-9-625. Issuance of bonds -- details of sale

85-9-625. Issuance of bonds -- details of sale.
(1) If a bond issue is approved, the directors shall by resolution provide for the form and execution of the bonds and for issuance of all or any part of the bonds. The bonds may be sold at public or private sale as determined by the directors pursuant to 17-5-107. If the directors conduct a public sale, after adequate notice that sealed proposals will be received, the directors may award the purchase of all or a part of the issue to the best bidder or bidders and may sell at private sale any or all bonds not sold on bids.
(2) The bonds must be sold for a price that is not less than 97% of par or face value with accrued interest to date of delivery, and all bidders shall state the lowest rate of interest at which they will purchase the bonds. The board shall reserve the right to reject any and all bids and to sell the bonds at private sale.
History: En. Sec. 30, Ch. 100, L. 1969; R.C.M. 1947, 89-3430; amd. Sec. 31, Ch. 253, L. 2011.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 6. Finance › 85-9-626. Tax exempt status

85-9-626. Tax exempt status.
Bonds issued under this chapter have the same force, value, and use as bonds issued by a municipality and are exempt from taxation as property within the state of Montana.
History: En. Sec. 31, Ch. 100, L. 1969; R.C.M. 1947, 89-3431.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 6. Finance › 85-9-627. Interim receipts -- negotiability

85-9-627. Interim receipts -- negotiability.
Pending preparation of the bonds sold under this chapter, receipts or certificates may be issued to purchasers in the form and with provisions as determined by the directors. Bonds and interim receipts or certificates are fully negotiable as provided by the Uniform Commercial Code--Investment Securities.
History: En. Sec. 32, Ch. 100, L. 1969; R.C.M. 1947, 89-3432.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 6. Finance › 85-9-628. Bond registration -- copy to county

85-9-628. Bond registration -- copy to county.
(1) When duly executed, all bonds issued under this chapter must be registered by the county treasurer of the county in which the largest portion of the taxable valuation of real property of the district is located. The bonds must be registered in a book provided for that purpose before being delivered to the purchaser.
(2) The registration must show:
(a) the number and amount of each bond;
(b) the date of issue and date redeemable;
(c) the name of the purchaser;
(d) the amount and due date of all payments required on the bonds.
(3) The directors shall provide the county treasurer with an unsigned and canceled printed copy of each issue of bonds of the district. The copy must be preserved in the treasurer's office.
History: En. Sec. 33, Ch. 100, L. 1969; R.C.M. 1947, 89-3433; amd. Sec. 2825, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 6. Finance › 85-9-629. Disposition and investment of sale proceeds

85-9-629. Disposition and investment of sale proceeds.
(1) Proceeds from the sales of bonds must be deposited with the county in which the largest portion of the taxable valuation of real property of the district is located.
(2) The county treasurer shall place the proceeds of the bond sale to the credit of the district. The proceeds must be paid by the county treasurer on written order of the directors. Proceeds may only be spent for the purposes for which the bonds were issued.
(3) The directors shall instruct the county treasurer to deposit any part of the proceeds that is not immediately needed for the purpose for which the bonds were issued in a saving or time deposit in a state or national bank, savings and loan association, or credit union insured by the federal deposit insurance corporation or the national credit union administration or to invest in direct obligations of the United States government. The obligations must be payable within not to exceed 180 days from the time of deposit or investment.
History: En. Sec. 34, Ch. 100, L. 1969; R.C.M. 1947, 89-3434; amd. Sec. 18, Ch. 421, L. 1985; amd. Sec. 82, Ch. 10, L. 1993.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 6. Finance › 85-9-630. Refunding bonds

85-9-630. Refunding bonds.
(1) Refunding bonds may be issued in the same way as any other bonds authorized by this chapter.
(2) All bonds, original issue or refunding issue, shall be redeemable when one-half of the term or 10 years of the term for which they were issued, whichever may be the less, has expired. Redemption may be made on any interest due date of any bond prior to its maturity after the bond shall be subject to redemption as herein provided. The right of redemption, as herein provided, must be stated on the face of each bond.
History: En. Sec. 35, Ch. 100, L. 1969; R.C.M. 1947, 89-3435.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 6. Finance › 85-9-631. Bond retirement fund

85-9-631. Bond retirement fund.
Revenue, assessment, and other funds on hand, including reserves pledged for the payment and security of outstanding bonds, may be deposited in a fund created for the retirement of bonds and may be invested and disbursed as provided by this chapter, to the extent consistent with the resolution authorizing the outstanding bonds.
History: En. Sec. 36, Ch. 100, L. 1969; R.C.M. 1947, 89-3436.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 6. Finance › 85-9-632. Revolving funds

85-9-632. Revolving funds.
(1) The directors by resolution may establish revolving funds to finance, on a reimbursable basis:
(a) construction, purchase, lease, and operation of revenue-producing works;
(b) contracts to provide services or facilities.
(2) Money in the revolving fund shall not be spent for any purposes other than those specified in the resolution. However, excess money may be transferred to any sinking and interest fund of the district.
(3) The county treasurer of the county having the largest portion of the taxable valuation of real property of the district shall maintain a separate account for each revolving fund of the district, and all money collected under the resolution shall be deposited with the county treasurer.
History: En. Sec. 37, Ch. 100, L. 1969; R.C.M. 1947, 89-3437.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 1. General Provisions › 85-15-103. Repealed

85-15-103. Repealed.
Sec. 23, Ch. 501, L. 1985.
History: En. Sec. 2, Ch. 370, L. 1971; amd. Sec. 2, Ch. 209, L. 1973; amd. Sec. 2, Ch. 335, L. 1975; R.C.M. 1947, 89-702.1.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 1. General Provisions › 85-15-106. Definitions

85-15-106. Definitions.
Unless the context requires otherwise, in this chapter the following definitions apply:
(1) "Alterations" or "repairs" means alterations or repairs that may directly affect the safety of a dam or reservoir.
(2) "Appurtenant works" means all works incident or attached to a dam or reservoir, including but not limited to:
(a) a spillway, either in the dam or separate from it;
(b) the reservoir and its rim;
(c) a low-level outlet; and
(d) a water conduit such as a tunnel, pipeline, or penstock, either through the dam or its abutments.
(3) "Construction" or "construct" includes construction, alteration, repair, enlargement, or removal of a dam or reservoir.
(4) "Dam" means an artificial barrier, including appurtenant works, used to impound or divert water.
(5) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.
(6) "Emergency" means a threat to life caused by the condition of a dam or reservoir or by present or imminent floods that threaten the structural integrity of any dam or reservoir.
(7) "Engineer" means a registered professional engineer licensed to practice in the state of Montana under Title 37, chapter 67, part 3.
(8) "Enlargement" means a change in or addition to an existing dam or reservoir that raises or may raise the water storage elevation or increases the impoundment capacity of the reservoir.
(9) "High-hazard dam" means a dam or reservoir with an impounding capacity of 50 acre-feet or more at the maximum normal operating pool, the failure of which would be likely to cause loss of life.
(10) "Inspection" means a visual or mechanical check, a measurement, a boring, or any other method necessary for determination of the adequacy of construction techniques, conformity of work with approved plans and specifications, or the safety and operating performance of a dam or reservoir.
(11) "Owner" means a person who owns, controls, operates, maintains, manages, or proposes to construct a dam or reservoir.
(12) "Person" means an individual, association, partnership, corporation, business trust, state agency, political subdivision, utility, municipal or quasi-municipal corporation, or other entity or authorized agent, lessee, or trustee of any of the foregoing.
(13) "Removal" means removing, taking down, or changing the location of a dam or reservoir.
(14) "Reservoir" means a valley, basin, coulee, ravine, or other land area that contains impounded water.
History: En. Sec. 2, Ch. 501, L. 1985; amd. Sec. 1, Ch. 366, L. 1991; amd. Sec. 1, Ch. 418, L. 1993.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 1. General Provisions › 85-15-107. Exemptions

85-15-107. Exemptions.
(1) The provisions of 85-15-108 through 85-15-110, 85-15-209 through 85-15-216, 85-15-305, 85-15-401, 85-15-502, and 85-15-503 do not apply to:
(a) dams subject to a permit issued pursuant to 82-4-335 for the period during which the dam is subject to the permit;
(b) federal dams and reservoirs;
(c) dams and reservoirs licensed and subject to inspection by the federal energy regulatory commission; or
(d) dams that are required to obtain a certificate of compliance pursuant to 75-20-201 for the period during which the dam is subject to the certificate.
(2) The provisions of 85-15-108 through 85-15-110, 85-15-209 through 85-15-216, 85-15-401, 85-15-502, and 85-15-503 do not apply to nonfederal dams and reservoirs located on federal lands if they are subject to a dam safety review by a federal agency.
(3) The provisions of 85-15-305 do not apply to dams and reservoirs at a national priority list site as defined by the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), Public Law 96-510.
History: En. 89-702.2 by Sec. 3, Ch. 335, L. 1975; R.C.M. 1947, 89-702.2; amd. Sec. 5, Ch. 501, L. 1985; Sec. 85-15-104, MCA 1983; redes. 85-15-107 by Code Commissioner, 1985; amd. Sec. 1, Ch. 159, L. 1987; amd. Sec. 2, Ch. 366, L. 1991; amd. Sec. 1, Ch. 612, L. 1993; amd. Sec. 17, Ch. 217, L. 2003.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 1. General Provisions › 85-15-108. Entry upon land

85-15-108. Entry upon land.
Any employee or agent of the department authorized by the director of the department may enter upon any land to carry out the purposes of this chapter. The department or its agent shall give reasonable notice to the landowner of the intention to enter upon the land.
History: En. Sec. 18, Ch. 501, L. 1985.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 1. General Provisions › 85-15-109. Legal assistance

85-15-109. Legal assistance.
When requested by the department, the attorney general or the county attorneys within their respective counties shall perform legal services and conduct legal proceedings necessary to carry out the purposes of this chapter. The department may also employ legal counsel to enforce this chapter and to conduct proceedings under it.
History: En. Sec. 19, Ch. 501, L. 1985.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 1. General Provisions › 85-15-110. Rules

85-15-110. Rules.
The department may adopt rules to implement the provisions of this chapter, including but not limited to rules to:
(1) classify high-hazard dams and reservoirs;
(2) review, approve, and issue permits;
(3) govern inspections under this chapter;
(4) establish safety standards for the design, construction, operation, and maintenance of high-hazard dams and reservoirs;
(5) establish emergency preparedness and warning procedures; and
(6) establish fees commensurate with costs to cover inspections under this chapter.
History: En. Sec. 20, Ch. 501, L. 1985.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 1. General Provisions › 85-15-115. Purpose

85-15-115. Purpose.
(1) The legislature finds that dams provide a variety of benefits to the state of Montana. These benefits include the regulation of streamflows for flood control; water storage for irrigation, for municipal, industrial, and stock water consumption, and for hydropower generation; improved opportunities for flatwater recreation; and improved fisheries. Additionally, dams play a crucial role in maintaining the vitality of Montana's economy. The state therefore has a legitimate and compelling interest in encouraging the construction of dams that conform to the water storage policy provided in 85-1-703.
(2) The legislature further finds that one impediment to the construction of new dams is the potential liability associated with dam construction and operation. The legislature understands the inherent risks to public safety associated with dam construction and operation but finds that compliance with the Montana Dam Safety Act reduces those risks to an acceptable level.
History: En. Sec. 2, Ch. 612, L. 1993.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 2. Construction, Inspection, and Repair of Dams › 85-15-207. Dams and reservoirs -- how constructed

85-15-207. Dams and reservoirs -- how constructed.
No person may fill or procure to be filled with water any dam or reservoir that is not so thoroughly and substantially constructed as to safely hold any water that may be turned therein.
History: En. Sec. 2138, Rev. C. 1907; re-en. Sec. 2658, R.C.M. 1921; re-en. Sec. 2658, R.C.M. 1935; R.C.M. 1947, 89-701; amd. Sec. 3, Ch. 501, L. 1985; Sec. 85-15-101, MCA 1983; redes. 85-15-207 by Code Commissioner, 1985.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 2. Construction, Inspection, and Repair of Dams › 85-15-208. Construction in a secure manner

85-15-208. Construction in a secure manner.
No person may construct or cause to be constructed a dam or reservoir for the purpose of accumulating, storing, appropriating, or diverting any of the waters of this state, except in a thorough, secure, and substantial manner.
History: En. Sec. 2139, Rev. C. 1907; amd. Sec. 1, Ch. 168, L. 1917; re-en. Sec. 2659, R.C.M. 1921; re-en. Sec. 2659, R.C.M. 1935; amd. Sec. 5, Ch. 280, L. 1965; amd. Sec. 1, Ch. 370, L. 1971; amd. Sec. 1, Ch. 209, L. 1973; amd. Sec. 1, Ch. 335, L. 1975; R.C.M. 1947, 89-702; amd. Sec. 4, Ch. 501, L. 1985; Sec. 85-15-102, MCA 1983; redes. 85-15-208 by Code Commissioner, 1985.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 2. Construction, Inspection, and Repair of Dams › 85-15-209. High-hazard dam -- determination

85-15-209. High-hazard dam -- determination.
A person proposing to construct a dam or reservoir with an impounding capacity of 50 acre-feet or more measured at the maximum normal operating pool shall make application to the department for a determination of whether the dam or reservoir is a high-hazard dam. The application must include the information required by the department. The department shall make the determination required by this section within 60 calendar days after a complete application is received by the department.
History: En. Sec. 6, Ch. 501, L. 1985; amd. Sec. 3, Ch. 418, L. 1993.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 2. Construction, Inspection, and Repair of Dams › 85-15-210. Preparation and approval of plans

85-15-210. Preparation and approval of plans.
(1) A person may not begin construction of a high-hazard dam as determined under 85-15-209 without first obtaining a construction permit from the department.
(2) An application for a construction permit must be submitted to the department and must contain:
(a) plans and specifications for the proposed construction, prepared by or under the direction of an engineer experienced in dam design and construction; and
(b) other data and information required by the department.
(3) Within 60 calendar days after receipt of the application and any additional information requested by the department, the department shall:
(a) issue a construction permit or deny the application, as filed; or
(b) issue a construction permit upon terms, conditions, or modifications the department considers appropriate.
History: En. Sec. 7, Ch. 501, L. 1985.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 2. Construction, Inspection, and Repair of Dams › 85-15-211. Inspection and reports during construction

85-15-211. Inspection and reports during construction.
(1) An engineer must be in charge of and responsible for inspections during construction of any high-hazard dam.
(2) Inspections during construction must be performed at intervals necessary to ensure conformity with the permit. The engineer in charge or a qualified designee shall perform the inspections.
(3) The department shall set procedures and requirements for reporting information obtained from, during, or as the result of an inspection. The engineer in charge shall certify all reports to the department.
(4) The department may also inspect the high-hazard dam during construction to ensure conformity with the construction permit.
(5) If the department finds that construction of the high-hazard dam does not conform with the construction permit, it may order that construction be stopped until changes are made in conformity with the permit.
History: En. Sec. 8, Ch. 501, L. 1985; amd. Sec. 4, Ch. 418, L. 1993.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 2. Construction, Inspection, and Repair of Dams › 85-15-212. Operating permit

85-15-212. Operating permit.
(1) An operation plan must be prepared by the owner and approved by the department prior to operation of the high-hazard dam or reservoir. The operation plan must set forth at a minimum:
(a) a reservoir operation procedure;
(b) a maintenance procedure for the high-hazard dam and appurtenant works; and
(c) emergency procedures and warning plans.
(2) When construction is complete and if the high-hazard dam or reservoir conforms to the construction permit and when an operation plan has been approved, the department shall issue a permit to operate the high-hazard dam or reservoir, containing conditions on the safe operation of the high-hazard dam as it considers necessary.
History: En. Sec. 9, Ch. 501, L. 1985; amd. Sec. 5, Ch. 418, L. 1993.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 2. Construction, Inspection, and Repair of Dams › 85-15-213. Periodic inspections after construction

85-15-213. Periodic inspections after construction.
(1) (a) A high-hazard dam, whether or not previously permitted by the department, must be inspected as often as considered necessary by the department, but at least once every 5 years, in order to ensure the continued safe operation of the high-hazard dam.
(b) The department determination that an inspection is necessary more often than once every 5 years, as provided in subsection (1)(a), must be based on substantive evidence, and the reasons for that determination must be stated in writing.
(2) Periodic inspections required by this section must be performed by a qualified engineer, who shall make a report of the inspection to the department. If the department finds that the high-hazard dam conforms to current safety standards, it shall issue or reissue, as the case may be, a permit to continue operation of the high-hazard dam, containing conditions on the safe operation of the high-hazard dam as it considers necessary.
(3) The owner is responsible for inspections required under this section.
History: En. Sec. 10, Ch. 501, L. 1985; amd. Sec. 6, Ch. 418, L. 1993.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 2. Construction, Inspection, and Repair of Dams › 85-15-214. Requested inspections -- costs -- limitations against unsafe structures

85-15-214. Requested inspections -- costs -- limitations against unsafe structures.
(1) At its discretion or upon receipt of an affidavit complaining that the person or property of the complainant is endangered by the construction, maintenance, or operation of any dam or reservoir, the department may order an inspection of the dam or reservoir unless the data, records, and inspection reports on file are adequate to determine that the complaint is not meritorious.
(2) If the complainant continues to request an inspection even though the department has determined under subsection (1) that the complaint is not meritorious, the department may make the inspection upon requiring the complainant to deposit with the department money sufficient to cover the costs of the inspection.
(3) If the dam or reservoir is found to be defective, the department may require the person who owns the dam or reservoir to pay all or part of the expenses of inspection. If the department requires such payment, it shall present a bill of costs to the owner. The costs shall constitute a lien upon the dam, reservoir, and other property of the owner and may be collected by appropriate action in a court of competent jurisdiction.
(4) If the dam or reservoir is not found to be defective after an inspection made under subsection (2), any money deposited by the complainant therefor must be paid to the general fund.
(5) If the inspection discloses defects in the dam or reservoir that, in the judgment of the department, constitute an immediate hazard to life or property, the department may order:
(a) the draining of the dam or reservoir;
(b) the limitation or cessation of use of the dam or reservoir or any defective appurtenant works; or
(c) any other steps to eliminate the hazard until the dam, reservoir, or appurtenant works have been made safe and approved by the department.
History: En. Sec. 11, Ch. 501, L. 1985.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 2. Construction, Inspection, and Repair of Dams › 85-15-215. Emergency repairs or breaching

85-15-215. Emergency repairs or breaching.
(1) In case of an emergency, the department may take any action necessary to safeguard life and property. This action must be commenced immediately by the owner, or by the department at the owner's expense if the owner fails to act. The department must be notified immediately of any proposed emergency repairs or breaching to be instituted by the owner.
(2) All costs incurred by the department during an emergency must be paid by the owner on receipt of a bill of costs from the department. The costs are a lien upon the dam, reservoir, and other property of the owner and may be collected by appropriate action in a court of competent jurisdiction.
History: En. Sec. 12, Ch. 501, L. 1985.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 2. Construction, Inspection, and Repair of Dams › 85-15-216. High-hazard dam permit cancellation

85-15-216. High-hazard dam permit cancellation.
Failure to comply with the provisions of 85-15-209 through 85-15-212 or 85-15-214 subjects the permit to cancellation at any time during the progress of construction or the operation of the high-hazard dam. The department is authorized to cancel any permit if the provisions of 85-15-209 through 85-15-212 or 85-15-214 have not been or are not being complied with, and the cancellation operates as a forfeiture of all rights acquired under and by virtue of any permit approved by the department.
History: En. Sec. 15, Ch. 501, L. 1985; amd. Sec. 7, Ch. 418, L. 1993.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 3. Court Proceedings › 85-15-305. Liability of owners for damage

85-15-305. Liability of owners for damage.
(1) Except as provided in subsections (2) and (3), nothing in this chapter relieves an owner of a dam or reservoir of any legal duty, obligation, or liability incident to its ownership or operation, including any damages resulting from leakage or overflow of water or floods caused by the failure of the dam or reservoir.
(2) The owner of a dam or reservoir that has been permitted by the department in accordance with this chapter or that was designed and constructed under the supervision of an engineer and properly maintained is, in the absence of negligence, not liable for damages to persons or property resulting from flows of water from failure of the dam or reservoir.
(3) In addition, the owner of any dam or reservoir that has been permitted by the department in accordance with this chapter or that was designed and constructed under the supervision of an engineer and properly maintained may, without incurring liability, allow passage through the reservoir of inflows without diminution.
History: En. Sec. 14, Ch. 501, L. 1985; amd. Sec. 3, Ch. 612, L. 1993.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 3. Court Proceedings › 85-15-306. Repealed

85-15-306. Repealed.
Sec. 9, Ch. 418, L. 1993.
History: En. Sec. 2140, Rev. C. 1907; amd. Sec. 2, Ch. 168, L. 1917; re-en. Sec. 2660, R.C.M. 1921; re-en. Sec. 2660, R.C.M. 1935; R.C.M. 1947, 89-703; Sec. 85-15-201, MCA 1983; redes. 85-15-306 by Code Commissioner, 1985.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 3. Court Proceedings › 85-15-307. Repealed

85-15-307. Repealed.
Sec. 9, Ch. 418, L. 1993.
History: En. Secs. 2141, 2142, 2143, Rev. C. 1907; re-en. Secs. 2661, 2662, 2663, R.C.M. 1921; re-en. Secs. 2661, 2662, 2663, R.C.M. 1935; R.C.M. 1947, 89-704, 89-705, 89-706; amd. Sec. 30, Ch. 526, L. 1983; Sec. 85-15-202, MCA 1983; redes. 85-15-307 by Code Commissioner, 1985.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 3. Court Proceedings › 85-15-308. Repealed

85-15-308. Repealed.
Sec. 9, Ch. 418, L. 1993.
History: En. Sec. 2144, Rev. C. 1907; re-en. Sec. 2664, R.C.M. 1921; re-en. Sec. 2664, R.C.M. 1935; R.C.M. 1947, 89-707; Sec. 85-15-203, MCA 1983; redes. 85-15-308 by Code Commissioner, 1985.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 3. Court Proceedings › 85-15-309. Repealed

85-15-309. Repealed.
Sec. 9, Ch. 418, L. 1993.
History: En. Sec. 2145, Rev. C. 1907; re-en. Sec. 2665, R.C.M. 1921; re-en. Sec. 2665, R.C.M. 1935; R.C.M. 1947, 89-708; Sec. 85-15-204, MCA 1983; redes. 85-15-309 by Code Commissioner, 1985.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 3. Court Proceedings › 85-15-310. Repealed

85-15-310. Repealed.
Sec. 9, Ch. 418, L. 1993.
History: En. Sec. 2146, Rev. C. 1907; re-en. Sec. 2666, R.C.M. 1921; re-en. Sec. 2666, R.C.M. 1935; R.C.M. 1947, 89-709; Sec. 85-15-205, MCA 1983; redes. 85-15-310 by Code Commissioner, 1985.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 3. Court Proceedings › 85-15-311. Repealed

85-15-311. Repealed.
Sec. 9, Ch. 418, L. 1993.
History: En. Sec. 2147, Rev. C. 1907; re-en. Sec. 2667, R.C.M. 1921; re-en. Sec. 2667, R.C.M. 1935; R.C.M. 1947, 89-710; Sec. 85-15-206, MCA 1983; redes. 85-15-311 by Code Commissioner, 1985.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 4. Local Government Proceedings › 85-15-401. Municipality or county prohibited from regulation

85-15-401. Municipality or county prohibited from regulation.
No municipality or county may regulate, supervise, or provide for the regulation or supervision of any dam or reservoir in this state or the construction, maintenance, or operation thereof or limit the size of any dam or reservoir or the amount of water that may be stored therein. This chapter does not prevent a municipality or county from adopting ordinances or regulations regulating, supervising, or providing for the regulation or supervision of dams and reservoirs that:
(1) are not within the state's jurisdiction; or
(2) are not subject to regulation by another public agency or body.
History: En. Sec. 13, Ch. 501, L. 1985.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 4. Local Government Proceedings › 85-15-402. Repealed

85-15-402. Repealed.
Sec. 9, Ch. 418, L. 1993.
History: En. Sec. 2148, Rev. C. 1907; re-en. Sec. 2668, R.C.M. 1921; re-en. Sec. 2668, R.C.M. 1935; R.C.M. 1947, 89-711; Sec. 85-15-301, MCA 1983; redes. 85-15-402 by Code Commissioner, 1985.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 4. Local Government Proceedings › 85-15-403. Repealed

85-15-403. Repealed.
Sec. 9, Ch. 418, L. 1993.
History: En. Sec. 2149, Rev. C. 1907; re-en. Sec. 2669, R.C.M. 1921; re-en. Sec. 2669, R.C.M. 1935; R.C.M. 1947, 89-712; Sec. 85-15-302, MCA 1983; redes. 85-15-403 by Code Commissioner, 1985.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 4. Local Government Proceedings › 85-15-404. Repealed

85-15-404. Repealed.
Sec. 9, Ch. 418, L. 1993.
History: En. Sec. 2150, Rev. C. 1907; re-en. Sec. 2670, R.C.M. 1921; re-en. Sec. 2670, R.C.M. 1935; R.C.M. 1947, 89-713; Sec. 85-15-303, MCA 1983; redes. 85-15-404 by Code Commissioner, 1985.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 5. Penalties › 85-15-501. Repealed

85-15-501. Repealed.
Sec. 9, Ch. 418, L. 1993; sec. 5, Ch. 612, L. 1993.
History: (1)En. Sec. 16, Ch. 501, L. 1985; (2)En. Sec. 2151, Rev. C. 1907; re-en. Sec. 2671, R.C.M. 1921; re-en. Sec. 2671, R.C.M. 1935; amd. Sec. 64, Ch. 359, L. 1977; R.C.M. 1947, 89-714; Sec. 85-15-304, MCA 1983; redes. 85-15-501(2) by Code Commissioner, 1985.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 5. Penalties › 85-15-502. Deposit of penalties and costs

85-15-502. Deposit of penalties and costs.
All penalties and costs collected under this chapter, other than those collected in a justice's court, must be deposited in the state general fund.
History: En. Sec. 17, Ch. 501, L. 1985; amd. Sec. 61, Ch. 557, L. 1987.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 15. Dam Safety Act › Part 5. Penalties › 85-15-503. Civil penalty

85-15-503. Civil penalty.
An owner of a dam with an impounding capacity of 50 acre-feet or greater measured at the maximum normal operating pool who fails to comply with a provision of this chapter or a rule or order of the department adopted or made pursuant to this chapter is subject to a civil penalty not to exceed $1,000. Each day of violation is a separate offense.
History: En. Sec. 4, Ch. 612, L. 1993.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 16. Wharves and Docks › Part 1. Wharves and Docks › 85-16-101. Who may build wharves and docks

85-16-101. Who may build wharves and docks.
Any person or persons owning land bordering upon any of the navigable waters within the state are granted a license and permit to build docks and wharves over, across, and upon the lands under water belonging to the state. Such docks and wharves shall be extended out into such navigable water such distance only as may be necessary to permit all boats, steamboats, and vessels to safely land thereat and discharge and take on their cargoes and passengers.
History: En. Sec. 1, Ch. 38, L. 1909; re-en. Sec. 1605, R.C.M. 1921; re-en. Sec. 1605, R.C.M. 1935; R.C.M. 1947, 89-601.