reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 6. Taxes and Assessments › 85-8-619. Assessments to have effect of judgment

85-8-619. Assessments to have effect of judgment.
Each and every sum assessed for construction, for additional assessment, or for repairs against any land or against any corporation, as soon as such assessment is confirmed by the court, shall be and is declared to be a judgment of the district court in favor of said drainage district and against said land or corporation. Unless some other method of collection is herein provided, the judgment shall be collected in the same manner as any other money judgment is collected; provided, that whenever said assessment is a lien upon land, it shall only be collected out of said land on which it is a lien.
History: En. Sec. 93, Ch. 129, L. 1921; re-en. Sec. 7357, R.C.M. 1921; re-en. Sec. 7357, R.C.M. 1935; R.C.M. 1947, 89-2813.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 6. Taxes and Assessments › 85-8-620. Bonds not to be affected by assessment change

85-8-620. Bonds not to be affected by assessment change.
No bonds or other money obligations issued by any drainage district shall be adversely affected by any subsequent change in assessments of benefits.
History: En. Sec. 94, Ch. 129, L. 1921; re-en. Sec. 7358, R.C.M. 1921; re-en. Sec. 7358, R.C.M. 1935; R.C.M. 1947, 89-2814.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 6. Taxes and Assessments › 85-8-622. Agreement of landowners to omitted assessments

85-8-622. Agreement of landowners to omitted assessments.
In case of omission to assess any corporation or land that should be assessed for benefits, construction, repairs, or additional assessments or to award damages, said omitted party and the owner of omitted land may in writing agree with the commissioners of said district what the assessment should be against said land or against said corporation or what said damages should be, and such agreement shall be acknowledged and witnessed, as provided above for waivers, and be filed in the court.
History: En. Sec. 97, Ch. 129, L. 1921; re-en. Sec. 7361, R.C.M. 1921; re-en. Sec. 7361, R.C.M. 1935; R.C.M. 1947, 89-2817.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 6. Taxes and Assessments › 85-8-623. Assessments not to be obstructed by preliminary defects

85-8-623. Assessments not to be obstructed by preliminary defects.
The collection of any assessments made by the commissioners for construction and confirmed by the court shall not be restrained or obstructed by reason of any omission, imperfection, or defect in the organization of any district or in any proceedings occurring prior to the order confirming the assessments of benefits, but such order shall be conclusive as to the regularity of all proceedings relating to the assessments of benefits unless appealed from within 30 days after the entry of such order.
History: En. Sec. 99, Ch. 129, L. 1921; re-en. Sec. 7363, R.C.M. 1921; re-en. Sec. 7363, R.C.M. 1935; re-en. Sec. 7363, R.C.M. 1935; R.C.M. 1947, 89-2819.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 6. Taxes and Assessments › 85-8-624. Assessments on improvements -- taxpayers' approval, limitations, and election procedures

85-8-624. Assessments on improvements -- taxpayers' approval, limitations, and election procedures.
(1) A vote of the persons on the assessment rolls in any existing district is required to make Chapter 409, Laws of 1973, applicable to a district.
(2) Chapter 409, Laws of 1973, does not confer on districts created for drainage purposes only the authority to levy assessments on benefits to improvements.
(3) The election provided for by subsection (1) must be governed by the following rules:
(a) Notice of the election must be as provided in 13-1-108.
(b) The election must be conducted in accordance with Title 13, chapter 1, part 5, except that voter registration may not be required.
(c) The qualifications of electors must be as provided in 85-8-305, except that, in addition to persons holding title or evidence of title to lands within the district, any person, as provided in 85-8-305, who does not own land within the district but has been assessed or will have the person's improvements assessed under Chapter 409, Laws of 1973, or who will be assessed for benefits received is entitled to one vote. Commissioners shall prepare a list of persons entitled to vote, and the election administrator shall give them notice as provided in 13-1-108.
(d) The commissioners of any district in existence prior to March 21, 1973, who wish to hold an election to determine if the district is governed by Chapter 409, Laws of 1973, shall at any regular or special meeting adopt a resolution calling for an election to determine whether or not the voters of the district wish to be governed by Chapter 409, Laws of 1973. The resolution must contain a short summary of the changes made by Chapter 409, Laws of 1973, and the summary must be included in the notice provided for by 13-1-108. In addition, the commission shall provide copies of Chapter 409, Laws of 1973, to any person interested in obtaining a copy, and the notice to the persons in the district calling the election must describe where and how copies may be obtained. The commissioners may authorize a reasonable charge for providing copies, not to exceed 20 cents a page.
(e) The ballot must include the summary as provided for in subsection (3)(d), and the form of the ballot must conform as closely as possible to that provided for in Title 13, chapter 27.
(f) A simple majority of those who cast valid ballots determines the outcome of the election.
History: (1)En. Sec. 10, Ch. 409, L. 1973; amd. Sec. 1, Ch. 147, L. 1974; Sec. 89-2330.1, R.C.M. 1947; (2)En. Sec. 11, Ch. 409, L. 1973; Sec. 89-2330.2, R.C.M. 1947; (3)En. 89-2330.3 by Sec. 2, Ch. 147, L. 1974; amd. Sec. 27, Ch. 342, L. 1977; Sec. 89-2330.3, R.C.M. 1947; R.C.M. 1947, 89-2330.1, 89-2330.2, 89-2330.3; amd. Sec. 12, Ch. 326, L. 1979; amd. Sec. 18, Ch. 400, L. 1979; amd. Sec. 194, Ch. 575, L. 1981; amd. Sec. 3, Ch. 24, L. 1985; amd. Sec. 150, Ch. 370, L. 1987; amd. Sec. 4, Ch. 367, L. 2003; amd. Sec. 253, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 7. Flood Control and Planning › 85-8-701. Purpose of part

85-8-701. Purpose of part.
(1) The purpose of this part is to confer certain additional powers on drainage districts already created or to be created under the laws of the state of Montana for the purposes of cooperating with the government of the United States and landowners in flood prevention and the conservation, development, utilization, and disposal of water for the further development of the economy of this state and for the promotion of the public health and welfare.
(2) The purpose of this part is to enable existing drainage districts or newly created drainage districts as provided herein to enter into cooperative agreements and programs to carry out the purposes of Public Law 566, 83rd congress of the United States, or other laws of the national congress pertaining to flood prevention and the conservation, development, utilization, and disposal of water. This part is to be given a liberal construction to the end that these purposes may be carried out, and to this end all political subdivisions of the state of Montana, all agencies and departments of the state government, and all soil conservation districts are authorized to cooperate with, expend funds for, and enter into agreements with drainage districts and any agencies of the United States government for the purpose of carrying out the provisions of this part and Public Law 566, 83rd congress of the United States, or other laws of the national congress pertaining to flood prevention and the conservation, development, utilization, and disposal of water.
(3) None of the additional powers granted by this part shall be exercised except for the purpose of participating in projects or programs authorized under Public Law 566, 83rd congress of the United States, or other laws of the national congress pertaining to flood prevention and the conservation, development, utilization, and disposal of water.
History: En. Secs. 1, 5, Ch. 3, L. 1957; R.C.M. 1947, 89-2821, 89-2825.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 7. Flood Control and Planning › 85-8-702. Additional powers

85-8-702. Additional powers.
To the end that soil and water conservation measures may be improved, flood prevention and drainage programs strengthened, and the land and water economy of the state stabilized, the following additional powers are conferred upon presently existing drainage districts or new districts as created and established under this chapter and laws amendatory thereof and supplementary thereto:
(1) to carry out necessary measures for the prevention of floodwater and sediment damages and for the conservation, development, utilization, and disposal of water and to adopt necessary regulations, policies, and procedures to accomplish these ends, subject to the approval of the district court and on proper notice to interested parties as is provided for in the general statutes pertaining to drainage districts;
(2) to cooperate and enter into agreements to carry out the purposes of this part with (and to receive financial and other assistance from) state agencies and political subdivisions of the state, other organizations created under state laws, and the government of the United States and agencies thereof and to enter into agreements with (and to accept contributions from) private landowners for the purposes of this part;
(3) to construct, operate, and maintain such works of improvement, including structures and related measures, as are needed to carry out their broadened purposes as set forth herein, subject to the approval of the district court and on proper notice to interested parties as set forth in this chapter;
(4) to acquire lands, easements, and rights-of-way for sites for structures and for the flowage or impoundment of waters, such acquisitions for such purposes to be accomplished in the same manner and through the same powers and procedures as provided for under this chapter;
(5) to enlarge their boundaries to permit the construction of additional needed works of improvement or to construct additional needed works of improvement outside their boundaries, subject to approval of the district court and on proper notice to interested parties in the manner set forth in this chapter;
(6) to make assessments and issue bonds for carrying out the purposes of this part and for constructing, maintaining, and operating any structures or improvements established as provided herein, such assessments and bond issues to be made in the same manner and through the same procedures as under this chapter, including the right to extend annual installments for repayment of construction costs over a period of not more than 50 years and subject to the approval of the district court in the same manner and on the same notice to the interested parties as in the first instance of approving assessments, bond issues, and benefits.
History: En. Sec. 2, Ch. 3, L. 1957; R.C.M. 1947, 89-2822.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 7. Flood Control and Planning › 85-8-703. Petition for additional powers

85-8-703. Petition for additional powers.
Before the additional powers granted by this part shall become applicable to any presently existing drainage district in this state, the commissioners of such district shall file a petition in the district court requesting such additional powers as set forth herein and proper notice shall be given to interested landowners in the same manner as in the first instance of creation of the district. Proceedings shall be conducted, insofar as possible, in accordance with the procedures set forth for determining whether or not the district shall be created in the first instance, and the district court shall render its decree or order accordingly.
History: En. Sec. 3, Ch. 3, L. 1957; R.C.M. 1947, 89-2823.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 7. Flood Control and Planning › 85-8-704. Organization of areas not within existing districts

85-8-704. Organization of areas not within existing districts.
In areas not presently within the boundaries of an existing drainage district, the landowners may proceed to organize a drainage district for carrying out the purposes of this part, and such organization of such district may be carried out for said purposes according to the procedure for organization of such districts set forth in this chapter. After organization such districts shall have all the powers vested by law in such districts.
History: En. Sec. 4, Ch. 3, L. 1957; R.C.M. 1947, 89-2824.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 8. Miscellaneous Provisions › 85-8-801. Continuation of existing districts

85-8-801. Continuation of existing districts.
All drain districts of the state of Montana organized prior to March 1, 1921, and continued in existence pursuant to section 100, Chapter 129, Laws of 1921, shall continue their existence as drain districts under and pursuant to all of the provisions of drainage district laws, and the commissioners of such drain districts shall have all the power and authority conferred by the drainage district laws upon the commissioners of drainage districts.
History: En. Sec. 7364B by Sec. 2, Ch. 97, L. 1931; re-en. Sec. 7364.2, R.C.M. 1935; amd. Sec. 44, Ch. 460, L. 1977; R.C.M. 1947, 89-2701.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 8. Miscellaneous Provisions › 85-8-802. Dividing older districts into three divisions

85-8-802. Dividing older districts into three divisions.
Ten percent of the adult owners or legally authorized agents or representatives of minor owners of lands within any drainage district heretofore created and organized and in existence on February 27,1925, may file a petition with the proper district court to have such district divided into divisions. Such court must thereupon make an order setting a day for hearing such petition and cause a copy of such order to be served on each of the commissioners of such district at least 5 days before the date set for such hearing. On the day fixed in such order (or on any day to which such hearing may be regularly continued) the court must hear such petition and, after such hearing, must make an order dividing such district into three divisions, as nearly equal in area as possible.
History: En. Sec. 16, Ch. 129, L. 1921; re-en. Sec. 7280, R.C.M. 1921; amd. Sec. 1, Ch. 50, L. 1925; re-en. Sec. 7280, R.C.M. 1935; R.C.M. 1947, 89-2217(part).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 8. Miscellaneous Provisions › 85-8-803. Waiver of defective service

85-8-803. Waiver of defective service.
In case of failure to serve any notice of any proceeding or hearing provided for in this chapter upon any person or corporation, such person or corporation may appear in open court and waive such defect of service or may waive it by filing in court or delivering to the commissioners of the drainage district, to be filed in court, a written waiver of such defect, in which waiver said defect shall be described, which waiver shall be signed by such party and witnessed and acknowledged before a proper officer having power to take acknowledgments of deeds.
History: En. Sec. 96, Ch. 129, L. 1921; re-en. Sec. 7360, R.C.M. 1921; re-en. Sec. 7360, R.C.M. 1935; R.C.M. 1947, 89-2816; MCA 1981, 85-8-621; redes. 85-8-803 by Code Commissioner, 1983.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 1. General Provisions › 85-9-101. Policy considerations

85-9-101. Policy considerations.
To provide for the conservation and development of the water and land resources of the state of Montana, conserve Montana's water for utilization for beneficial purposes within the state, and provide for the greatest beneficial use of water within this state, the organization of conservancy districts and the construction of works as defined by this chapter are a public use and will:
(1) be essentially for the public benefit and advantage of the people of Montana;
(2) benefit all industries of the state;
(3) encourage economic growth;
(4) indirectly benefit the state by increasing property valuations;
(5) directly benefit municipalities by providing adequate supplies of water for domestic uses;
(6) directly benefit lands irrigated or drained by works constructed;
(7) directly benefit lands now irrigated by stabilizing the flow of water in streams and by increasing the flow and return flow of water to those streams;
(8) enhance fish and wildlife habitat;
(9) improve recreational facilities; and
(10) promote the comfort, safety, and welfare of the people of Montana.
History: En. Sec. 1, Ch. 100, L. 1969; R.C.M. 1947, 89-3401.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 1. General Provisions › 85-9-102. Purpose of chapter

85-9-102. Purpose of chapter.
The purpose of this chapter is to enable the formation of conservancy districts comprised of area in one or more counties to promote the following purposes:
(1) prevent and control floods, erosion, and sedimentation;
(2) provide for regulation of stream flows and lake levels;
(3) improve drainage and to reclaim wet or overflowed lands;
(4) promote recreation;
(5) develop and conserve water resources and related lands, forest, fish, and wildlife resources;
(6) further provide for the conservation, development, and utilization of land and water for beneficial uses, including but not limited to domestic water supply, fish, industrial water supply, irrigation, livestock water supply, municipal water supply, recreation, and wildlife.
History: En. Sec. 2, Ch. 100, L. 1969; R.C.M. 1947, 89-3402.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 1. General Provisions › 85-9-103. Definitions

85-9-103. Definitions.
As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Applicant" means a person residing within the boundaries of the proposed district and making a request for a study of the feasibility of forming a conservancy district.
(2) "Board of supervisors" means the board of supervisors of the soil and water conservation district in which the largest portion of the taxable valuation of real property of the proposed district is located.
(3) "Cost of works" means the cost of construction, acquisition, improvement, extension, and development of works, including financing charges, interest, and professional services.
(4) "Court" means the district court of the judicial district in which the largest portion of the taxable valuation of real property of the proposed district is located and within the county in which the largest portion of the taxable valuation of real property of the proposed district is located within the judicial district.
(5) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.
(6) "Directors" means the board of directors of a conservancy district.
(7) "District" means a conservancy district.
(8) "Elector" means a person qualified to vote under 85-9-421.
(9) "Owners" means the person or persons who appear as owners of record of the legal title to real property according to the county records, whether the title is held beneficially or in a fiduciary capacity, except that a person holding a title for purposes of security is not an owner and the owner for security may not affect the previous title for purposes of this chapter.
(10) "Person" means a natural person, firm, partnership, cooperative, association, public or private corporation, including the state of Montana or the United States, foundation, state agency or institution, county, municipality, district or other political subdivision of the state, federal agency or bureau, or any other legal entity.
(11) "Taxable valuation" is the value as defined in 15-8-111 and does not mean assessed valuation.
(12) "Works" means all property, rights, easements, franchises, and other facilities, including but not limited to land, reservoirs, dams, canals, dikes, ditches, pumping units, mains, pipelines, waterworks systems, recreational facilities, facilities for fish and wildlife, and facilities to control and correct pollution.
History: En. Sec. 3, Ch. 100, L. 1969; amd. Sec. 183, Ch. 253, L. 1974; amd. Sec. 71, Ch. 566, L. 1977; R.C.M. 1947, 89-3403(part); amd. Sec. 2818, Ch. 56, L. 2009; amd. Sec. 254, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 1. General Provisions › 85-9-104. Limitations

85-9-104. Limitations.
(1) This chapter may not be construed to grant to the district the power to generate, distribute, or sell electrical energy.
(2) The provisions of this chapter do not abrogate or limit in any manner the rights, powers, duties, and functions of the department, conservation districts, the department of environmental quality, or the department of fish, wildlife, and parks, but are supplementary to and in aid of those rights, powers, duties, and functions.
History: (1)En. Sec. 48, Ch. 100, L. 1969; Sec. 89-3448, R.C.M. 1947; (2)En. Sec. 49, Ch. 100, L. 1969; amd. Sec. 193, Ch. 253, L. 1974; amd. Sec. 13, Ch. 417, L. 1977; amd. Sec. 50, Ch. 460, L. 1977; Sec. 89-3449, R.C.M. 1947; R.C.M. 1947, 89-3448, 89-3449; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 480, Ch. 418, L. 1995; amd. Sec. 77, Ch. 7, L. 2001.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 2. Creation of Districts › 85-9-201. Preliminary survey -- petition

85-9-201. Preliminary survey -- petition.
(1) To request a preliminary survey for a proposed conservancy district, the applicants shall present a written petition to the department.
(2) The petition shall:
(a) be signed by at least 10% of the registered voters residing within the boundaries of the proposed conservancy district;
(b) generally describe the proposed boundaries of the district;
(c) specify the purpose or purposes of the district;
(d) list the works contemplated;
(e) request that a preliminary survey be initiated.
(3) The department may initiate a preliminary survey without any prior written petition.
History: En. Sec. 4, Ch. 100, L. 1969; amd. Sec. 1, Ch. 19, L. 1973; R.C.M. 1947, 89-3404.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 2. Creation of Districts › 85-9-202. Action by department upon receipt of request

85-9-202. Action by department upon receipt of request.
(1) Within 11 days after the request is received, the department shall acknowledge the request.
(2) The department shall itself, through cooperating agencies, or together with cooperating agencies:
(a) consult with the board of supervisors and all persons who may participate in the proposed project;
(b) conduct a preliminary survey of the proposed district;
(c) estimate costs of works, maintenance, and operation;
(d) determine sources of financing;
(e) reach a tentative decision on the feasibility, desirability, and compatibility with the state water plan of the proposed district;
(f) adjust the boundaries of the proposed district to improve the feasibility, desirability, or consistency with the state water plan;
(g) within 1 year after receipt of the request, send a report of the preliminary survey to the applicants, the board of supervisors, the department of fish, wildlife, and parks, the department of environmental quality, and other affected state and federal resource agencies for their comments.
History: En. Sec. 5, Ch. 100, L. 1969; amd. Sec. 1, Ch. 302, L. 1971; amd. Sec. 184, Ch. 253, L. 1974; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 89-3405; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 481, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 2. Creation of Districts › 85-9-203. Hearing by department

85-9-203. Hearing by department.
(1) On receipt of the preliminary survey report, the applicants or any one of them may request the department to hold a hearing. The department shall provide notice as required in 7-1-2121 and then hold the hearing no later than than 61 days after receipt of the request.
(2) If the department itself initiated the preliminary survey, it may hold a hearing without being requested to do so.
History: En. Sec. 6, Ch. 100, L. 1969; amd. Sec. 185, Ch. 253, L. 1974; R.C.M. 1947, 89-3406; amd. Sec. 255, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 2. Creation of Districts › 85-9-204. Feasibility study and report -- adjustment of proposed boundaries

85-9-204. Feasibility study and report -- adjustment of proposed boundaries.
After the hearing, the applicants or any one of them may request the department to prepare a detailed feasibility study of the proposed district. If the department concludes that the proposed district is feasible, desirable, and consistent with the state water plan, it shall prepare a feasibility report and, within 1 year after receipt of the request, send copies to the applicants, if any, the department of fish, wildlife, and parks, the department of environmental quality, and other affected state and federal water resource agencies. For good cause shown, based upon the actual technical problems in completing the report, the department may use necessary additional time to complete and distribute the report. The detailed feasibility report must describe the proposed works and contain an estimate of the cost of the works, the means of financing, and the estimated costs of operation and maintenance. The department may adjust the boundaries of the proposed district to improve the feasibility, desirability, and consistency with the state water plan and to exclude land that would receive no direct or indirect benefits from the proposed district.
History: En. Sec. 7, Ch. 100, L. 1969; amd. Sec. 1, Ch. 303, L. 1971; amd. Sec. 186, Ch. 253, L. 1974; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 89-3407; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 482, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 2. Creation of Districts › 85-9-205. Procedure for organization of district

85-9-205. Procedure for organization of district.
If in the opinion of the department the feasibility study shows that a district is feasible and consistent with the state water plan, the procedure for organization is the following:
(1) The department shall file a petition requesting organization with the court.
(2) The petition shall:
(a) state the name of the proposed district;
(b) give a legal description of the boundaries of the proposed district, excluding therefrom lands which would receive no direct or indirect benefits from the proposed district;
(c) describe the purposes of the district;
(d) describe the works;
(e) indicate the estimated cost of works, means of financing, and estimated costs of operation and maintenance;
(f) list the taxable valuation of real property in the proposed district, which must be $100,000 or more;
(g) describe the means of repaying capital costs;
(h) propose the persons who should be represented and the number of directors.
(3) The petition shall be signed by owners of at least 51% of the land outside the limits of an incorporated municipality and not fewer than 5% or 100, whichever is the lesser, of the persons who would qualify as electors within an incorporated municipality.
History: En. Sec. 8, Ch. 100, L. 1969; amd. Sec. 187, Ch. 253, L. 1974; R.C.M 1947, 89-3408.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 2. Creation of Districts › 85-9-206. Court hearing on petition -- election -- limits on court jurisdiction

85-9-206. Court hearing on petition -- election -- limits on court jurisdiction.
(1) On receipt of a petition for organizing a district, the court shall give notice and hold a hearing on the petition. If the court finds that the petition should be granted, it shall:
(a) make and file findings of fact specifying those lands that will be directly or indirectly benefited by the proposed district and exclude those lands that will not be benefited;
(b) make an order fixing the time and place of an organizing election;
(c) order the election administrator to conduct the election in accordance with Title 13, chapter 1, part 5; and
(d) order and decree the district organized if the requisite number of eligible electors votes in favor of organization.
(2) In order for the district to be organized, 51% or more of the eligible electors must vote in the election, and a majority of those voting must vote in favor of organization.
(3) This chapter does not confer on the court jurisdiction to hear, adjudicate, and settle questions concerning the priority of appropriation of water between districts and other persons. Jurisdiction to hear and determine priority of appropriation and questions of right growing out of or in any way connected with a priority of appropriation is expressly excluded from this chapter and must be determined as otherwise provided by the laws of Montana.
History: En. Sec. 9, Ch. 100, L. 1969; R.C.M. 1947, 89-3409; amd. Sec. 373, Ch. 571, L. 1979; amd. Sec. 69, Ch. 387, L. 1995; amd. Sec. 14, Ch. 234, L. 1997; amd. Sec. 256, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 2. Creation of Districts › 85-9-207. Corporate nature of district

85-9-207. Corporate nature of district.
A district is a public corporation and a political subdivision of the state.
History: En. Sec. 3, Ch. 100, L. 1969; amd. Sec. 183, Ch. 253, L. 1974; amd. Sec. 71, Ch. 566, L. 1977; R.C.M. 1947, 89-3403(part).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 2. Creation of Districts › 85-9-208. Filing of documents after organization

85-9-208. Filing of documents after organization.
Sooner than 31 days after the district has been decreed organized, the clerk of the court shall transmit to the secretary of state, the department, and to the county clerk and recorder in each of the counties having lands in the district copies of the election results, the decree of the court incorporating the district, and a description of the boundaries of the district. Copies of the same documents shall be filed in the office of the secretary of state in the same manner as articles of incorporation are required to be filed under the laws governing corporations. Copies shall also be filed in the office of the county clerk and recorder of each county in which a part of the district may be. The clerk and recorder of each county where the articles are filed and the secretary of state shall collect filing fees as provided by law.
History: En. Sec. 10, Ch. 100, L. 1969; amd. Sec. 188, Ch. 253, L. 1974; R.C.M. 1947, 89-3410.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 2. Creation of Districts › 85-9-209. Reimbursement of expenses of organizing election

85-9-209. Reimbursement of expenses of organizing election.
If organized, the district shall reimburse the county or counties for the expenses incurred in the organizing election. The costs of conducting the preliminary and feasibility studies shall be considered costs of construction of an approved project and shall be included in determination of the repayment schedules by the directors of the district.
History: En. Sec. 11, Ch. 100, L. 1969; amd. Sec. 1, Ch. 18, L. 1973; R.C.M. 1947, 89-3411.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 3. Dissolution of Districts › 85-9-301. Procedure for dissolution of district

85-9-301. Procedure for dissolution of district.
(1) The procedure for dissolution of a district is:
(a) a resolution shall be passed by the directors requesting dissolution;
(b) a petition signed by 20% of the electors representing 10% of the taxable valuation of real property in the district shall be presented to the directors; or
(c) if the district or its directors have been inactive for 1 year or more, any elector may present a petition.
(2) The resolution or petition shall be presented to the court by the directors or by the petitioners if the directors remain inactive.
(3) Not more than one resolution or petition may be presented to the court in any 24-month period, and no such petition may be presented during the first 24 months after a district's initial organization.
History: En. Sec. 42, Ch. 100, L. 1969; R.C.M. 1947, 89-3442.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 3. Dissolution of Districts › 85-9-302. Dissolution election

85-9-302. Dissolution election.
(1) After receipt of petition or resolution for dissolution, the court shall order an election to be conducted in accordance with Title 13, chapter 1, part 5.
(2) For dissolution to be approved, a majority of the electors voting must favor dissolution.
History: En. Sec. 43, Ch. 100, L. 1969; R.C.M. 1947, 89-3443; amd. Sec. 257, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 3. Dissolution of Districts › 85-9-303. Termination plan -- court jurisdiction

85-9-303. Termination plan -- court jurisdiction.
(1) In the event the vote is for dissolution, any qualified elector or the board of directors of the district may, within the time fixed by the court, present a written plan for terminating the affairs of the district which shall include assignment of any water rights and works owned by the district.
(2) The plan may specify that the affairs of the district shall be terminated by the directors or by a receiver appointed by the court.
(3) On a day fixed by the court, the court shall consider the plan or plans and shall enter an order establishing a plan for the termination of the affairs.
(4) The court shall retain jurisdiction to modify the plan and shall supervise the termination.
History: En. Sec. 44, Ch. 100, L. 1969; R.C.M. 1947, 89-3444.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 3. Dissolution of Districts › 85-9-304. Appointment of receiver -- assessments

85-9-304. Appointment of receiver -- assessments.
(1) If a plan is not presented on or before the date set by the court, the court shall appoint a receiver to terminate the affairs of the district under the supervision of the court.
(2) Upon the appointment of a receiver, all authority of the directors ceases. However, until dissolution, the receiver has authority to levy assessments for:
(a) the payment of obligations of the district; and
(b) the costs of termination.
(3) The directors or, if there is a receiver, the receiver, with the approval of the court, shall make assessments each year in an amount large enough to retire the obligations of the district.
(4) If a receiver has been appointed, the receiver shall direct, under court supervision, the disposition of all assessments collected.
History: En. Sec. 45, Ch. 100, L. 1969; R.C.M. 1947, 89-3445; amd. Sec. 2819, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 3. Dissolution of Districts › 85-9-305. Entry of dissolution order

85-9-305. Entry of dissolution order.
(1) The court shall enter an order dissolving the district when it appears to the satisfaction of the court that:
(a) all obligations of the district have been discharged;
(b) all the costs of termination have been paid.
(2) A certified copy of the order shall be recorded by the clerk of the court in all counties in which the district was situated and filed with the secretary of state.
History: En. Sec. 46, Ch. 100, L. 1969; R.C.M. 1947, 89-3446.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 3. Dissolution of Districts › 85-9-306. County general funds to receive funds remaining after dissolution

85-9-306. County general funds to receive funds remaining after dissolution.
All funds remaining after dissolution of a district shall be deposited in the general fund of the counties in which the district is located in proportion to the taxable value of property within the district in each county.
History: En. Sec. 47, Ch. 100, L. 1969; R.C.M. 1947, 89-3447.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 4. Organization and Procedure › 85-9-401. District directors -- appointment, term of office, vacancies, first meeting, and bond

85-9-401. District directors -- appointment, term of office, vacancies, first meeting, and bond.
If a district is organized, the court shall:
(1) establish by court order the number of persons who shall comprise the directors and appoint persons who are electors within the district to membership on the board of directors and fix their compensation. The number may not be less than 3 or more than 11 persons. In fixing the number and making the appointments, the court shall consider the interests and purposes to be served by the district. Upon a verified petition filed by a majority of the directors and for good cause shown, the court may enlarge or reduce the membership of the directors but not to be less than 3 or more than 11.
(2) fix the terms of office so that approximately one-third of the directors first appointed serve for 1 year, approximately one-third serve 2 years, and the remainder serve 3 years. All succeeding terms must be 3 years. Unless excused for good cause, a director who misses three consecutive regular meetings has vacated the position.
(3) fill all vacancies on the board by appointment or reappointment;
(4) specify a date for the first annual meeting of the directors;
(5) specify the amount and form of a corporate surety bond that each member of the directors shall furnish at the expense of the district, conditioned upon the faithful performance of duties as a director.
History: En. Sec. 12, Ch. 100, L. 1969; R.C.M. 1947, 89-3412; amd. Sec. 2820, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 4. Organization and Procedure › 85-9-402. Officers and meetings

85-9-402. Officers and meetings.
(1) The directors shall select from among themselves a presiding officer, vice presiding officer, secretary, and other necessary officers. The directors shall adopt bylaws and rules for the conduct of meetings. All official acts of the directors must be entered in a book of minutes to be kept by the secretary.
(2) The directors shall establish times for regular meetings and may hold special meetings upon the call of the presiding officer or any two members and, except in case of emergency, upon at least 3 days' notice of the time, place, and purpose of the meeting.
History: En. Sec. 13, Ch. 100, L. 1969; R.C.M. 1947, 89-3413; amd. Sec. 2821, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 4. Organization and Procedure › 85-9-403. Directors' powers -- conduct of business

85-9-403. Directors' powers -- conduct of business.
On behalf of the district, the directors may:
(1) adopt an official seal;
(2) sue and be sued;
(3) provide for reimbursing of their members for actual expenses;
(4) merge with other special districts as hereinafter provided;
(5) call upon the county attorney or attorney general for such legal services as the district may require or, in the discretion of the directors, employ private legal counsel.
History: En. Sec. 14, Ch. 100, L. 1969; R.C.M. 1947, 89-3414(1), (2), (5), (9), (11).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 4. Organization and Procedure › 85-9-404. Directors' powers to adopt rules

85-9-404. Directors' powers to adopt rules.
On behalf of the district, the directors may adopt rules to promote and encourage water recreation, including requirements concerning public access areas and facilities, and rules respecting the use of reservoirs and waters, picnic sites, and other recreational areas operated by the district. Rules adopted shall be filed with the secretary of directors and shall be available to any interested party upon reasonable request.
History: En. Sec. 14, Ch. 100, L. 1969; R.C.M. 1947, 89-3414(3).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 4. Organization and Procedure › 85-9-405. Directors' powers over property

85-9-405. Directors' powers over property.
On behalf of the district, the directors may:
(1) enter private property for the purposes of making surveys, provided that just compensation for actual damages is made;
(2) appropriate water and initiate or participate in the adjudication of streams;
(3) acquire, undertake, construct, develop, improve, maintain, and operate works and all incidental facilities;
(4) acquire by purchase, exchange, gift, lease, grant, devise, or otherwise lands, water, water rights, or rights-of-way as necessary for the execution of any authorized function of the district. Title to all property (including water rights) shall be in the name of the district.
(5) hold and dispose of property as necessary or convenient in the performance of the functions of the district;
(6) allocate or reallocate unused waters of the district.
History: En. Sec. 14, Ch. 100, L. 1969; R.C.M. 1947, 89-3414(4), (6) thru (8), (10), (18).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 4. Organization and Procedure › 85-9-406. Directors' powers over finance

85-9-406. Directors' powers over finance.
On behalf of the district, the directors may:
(1) borrow money and incur indebtedness and issue bonds to finance works as provided by this chapter;
(2) in addition to all voted indebtedness, borrow money as necessary, but the amount may not at any one time exceed 0.23% of the total assessed value of taxable real property, determined as provided in 15-8-111, within the district, as ascertained by the last assessment for state and county taxes prior to the issuance of the bonds;
(3) mortgage property owned by the district if the terms of the mortgage are not inconsistent with the provisions of a resolution authorizing the sale of bonds;
(4) use any surplus funds to purchase outstanding bonds;
(5) refund bonded indebtedness incurred by the district as provided by this chapter;
(6) after a hearing held in accordance with 85-9-602, make assessments sufficient to meet the budgetary requirements for the coming year.
History: En. Sec. 14, Ch. 100, L. 1969; R.C.M. 1947, 89-3414(13) thru (15), (22) thru (24); amd. Sec. 32, Ch. 29, L. 2001.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 4. Organization and Procedure › 85-9-407. Fees and charges

85-9-407. Fees and charges.
On behalf of the district, the directors may:
(1) fix and revise, from time to time, and collect rates, fees, and other charges for the services, facilities, or water furnished by the district to any person;
(2) withhold the delivery of water upon which there are any defaults or delinquencies of payment and otherwise dispose of that water while the default or delinquency continues.
History: En. Sec. 14, Ch. 100, L. 1969; R.C.M. 1947, 89-3414(12), (17).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 4. Organization and Procedure › 85-9-408. Contracts and agreements by directors

85-9-408. Contracts and agreements by directors.
On behalf of the district, the directors may:
(1) contract for service, for water furnished, or for the sale of water with any person;
(2) cooperate with; accept grants, loans, and other assistance from; act as agent for; and enter into agreements with any and all state or federal agencies and exercise all necessary or convenient powers in connection therewith;
(3) enter into any obligation or contract with an agency of the federal government for the construction, operation, and maintenance of works or for the assumption as principal or guarantor of indebtedness to the United States on account of district lands under the provisions of the federal reclamation act and rules established under that act or contract with an agency of the federal government for a water supply under any federal act providing for or permitting such a contract. However, the action must be approved by a majority of the electors voting at an election conducted in accordance with Title 13, chapter 1, part 5. If a contract is made with an agency of the federal government, the directors may deposit bonds of the district with the United States at 90% of their par value to secure the amount to be paid by the district to the United States under any contract. The interest on the bonds of the district to be applied as specified by the contract. If bonds of the district are deposited with the United States, it is the duty of the directors to make an assessment sufficient to meet all payments accruing under the terms of any contract with the United States.
(4) accept appointment of the district as fiscal agent for the United States or authorization of the district to make collections of moneys for or on behalf of the United States in connection with any federal reclamation projects, and the district is authorized to act and to assume the duties and liabilities incident to this action. However, the action must be approved by a majority of the electors voting at an election conducted in accordance with Title 13, chapter 1, part 5. The directors may do all things required by federal statutes and rules and require prompt payment of all charges as a prerequisite to water service.
(5) make contracts incidental to the performance of the district's functions and employ and fix the compensation of employees, agents, or consultants as are deemed necessary, including but not limited to a manager, attorneys, accountants, engineers, construction and financial experts; or
(6) cooperate with soil and water conservation districts to obtain agreements to carry out soil conservation measures and proper farm plans from owners of lands situated in the drainage area above each retention reservoir to be installed with federal assistance.
History: En. Sec. 14, Ch. 100, L. 1969; R.C.M. 1947, 89-3414(16), (19) thru (21), (25), (26); amd. Sec. 258, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 4. Organization and Procedure › 85-9-409. Participation in federal programs

85-9-409. Participation in federal programs.
A district organized under this chapter, by itself or in conjunction with others as a sponsoring organization, may participate in all federal programs, including but not limited to the Watershed Protection and Flood Prevention Act of 1954 (68 Stat. 666), the federal Water Project Recreation Act of 1965 (79 Stat. 213), the federal Reclamation Act of 1902 (32 Stat. 388), and amendments to those acts.
History: En. Sec. 15, Ch. 100, L. 1969; amd. Sec. 189, Ch. 253, L. 1974; R.C.M. 1947, 89-3415.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 9. Conservancy Districts › Part 4. Organization and Procedure › 85-9-410. Condemnation authorized

85-9-410. Condemnation authorized.
The district may exercise the right of eminent domain, as provided in Title 70, chapter 30, when the taking is necessary for the purposes of the district. Water rights are not subject to taking but may be taken as an incident to the condemnation of land to which the water rights are appurtenant when the taking of the land is the principal purpose of the condemnation.
History: En. Sec. 20, Ch. 100, L. 1969; R.C.M. 1947, 89-3420; amd. Sec. 108, Ch. 125, L. 2001.