reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 14. Irrigation District Revenue Bond Act › 85-7-1414. Determination of cost

85-7-1414. Determination of cost.
An issuer, in determining costs for purposes of 85-7-1413, may include:
(1) all costs and estimated costs of the issuance of the bonds;
(2) all engineering, inspection, fiscal, and legal expenses; and
(3) interest that it estimates will accrue during the construction period and for 6 months thereafter on money borrowed or that it estimates will be borrowed.
History: En. Sec. 7, Ch. 193, L. 1987.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 14. Irrigation District Revenue Bond Act › 85-7-1415. Nature of revenue bonds

85-7-1415. Nature of revenue bonds.
(1) No holder of any bonds issued under this part may compel the levy of any tax or assessment on property within the irrigation district to pay the bonds or interest thereon.
(2) Each bond issued under this part must recite in substance that:
(a) the bond, including interest thereon, is payable from the revenue pledged to the payment thereof or any other security pledged therefor, including a lien on the undertaking; and
(b) the bond does not constitute a debt of the irrigation district within the meaning of any constitutional or statutory limitation or provision.
History: En. Sec. 8, Ch. 193, L. 1987.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 14. Irrigation District Revenue Bond Act › 85-7-1416. Undertakings to be self-supporting

85-7-1416. Undertakings to be self-supporting.
(1) An issuer issuing bonds pursuant to this part shall collect reasonable fees for the services, facilities, and commodities of the undertaking and shall revise the fees from time to time so that the undertaking remains self-supporting.
(2) The fees prescribed must produce revenue at least sufficient to:
(a) pay when due all bonds and interest thereon for which the revenue is pledged, including reserves; and
(b) provide for all expenses of operation and maintenance of the undertaking, including reserves.
History: En. Sec. 9, Ch. 193, L. 1987.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 14. Irrigation District Revenue Bond Act › 85-7-1417. Use of revenue from undertaking

85-7-1417. Use of revenue from undertaking.
(1) An issuer of bonds pursuant to this part for the acquisition, construction, or improvement of any undertaking may apply the revenue of the undertaking for the following purposes:
(a) to pay when due all bonds and interest thereon for which the revenue is pledged, including reserves;
(b) to provide for all expenses of operation and maintenance of the undertaking, including reserves;
(c) to pay and discharge notes, bonds, or other obligations and interest thereon not issued under this part for which the revenue of the undertaking is pledged;
(d) to pay and discharge notes, bonds, or other obligations and interest thereon that do not constitute a lien or encumbrance on the revenue of the undertaking and which were issued for the purpose of financing the acquisition, construction, or improvement of the undertaking; and
(e) to provide a reserve for improvements to the undertaking.
(2) Unless adequate provision has been made for the purposes listed in subsection (1), no irrigation district may transfer the revenue of the undertaking to its general fund.
History: En. Sec. 10, Ch. 193, L. 1987.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 14. Irrigation District Revenue Bond Act › 85-7-1418. Authorization for undertaking and issuance of bonds

85-7-1418. Authorization for undertaking and issuance of bonds.
(1) The acquisition, construction, or improvement of any undertaking may be authorized under this part.
(2) Bonds may be authorized to be issued under this part by resolution of the governing body of the issuer without an election.
History: En. Sec. 11, Ch. 193, L. 1987.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 14. Irrigation District Revenue Bond Act › 85-7-1419. Covenants in resolution authorizing issuance of bonds

85-7-1419. Covenants in resolution authorizing issuance of bonds.
A resolution authorizing the issuance of bonds under this part may contain covenants relating to:
(1) the purposes for which the proceeds of sale of the bonds may be applied and the use and disposition of the proceeds;
(2) the use and disposition of the revenue of the undertaking for which the bonds are to be issued, including the creation and maintenance of reserves;
(3) the issuance of other or additional bonds payable from the revenue of the undertaking;
(4) the operation and maintenance of the undertaking;
(5) the insurance to be carried on the undertaking and the use and disposition of insurance money;
(6) books of account and the inspection and audit of the books; and
(7) the terms and conditions upon which the holders of the bonds or any portion of them or any trustee is entitled to the appointment of a receiver by the district court, which court shall have jurisdiction in such proceedings and which receiver may:
(a) enter and take possession of the undertaking;
(b) operate and maintain the undertaking;
(c) prescribe fees, subject to the approval of the public service commission if such approval is required; and
(d) collect, receive, and apply all revenues in the same manner as the issuer itself might do.
History: En. Sec. 12, Ch. 193, L. 1987.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 14. Irrigation District Revenue Bond Act › 85-7-1431. Remedies

85-7-1431. Remedies.
The provisions of the resolution authorizing the bonds are enforceable by any bondholder in any court of competent jurisdiction by mandamus or other appropriate proceeding.
History: En. Sec. 13, Ch. 193, L. 1987.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 14. Irrigation District Revenue Bond Act › 85-7-1432. Presumptions of validity of bonds

85-7-1432. Presumptions of validity of bonds.
(1) Bonds bearing the signatures of officers in office on the date of the signing of the bonds are valid obligations, notwithstanding that before the delivery of the bonds and payment for the bonds, any of the persons whose signatures appear on the bonds have ceased to be officers.
(2) The validity of the bonds is not dependent on the validity or regularity of any proceedings relating to the acquisition, construction, or improvement of the undertaking for which the bonds are issued.
(3) The resolution authorizing the bonds may provide that the bonds must contain a recital that they are issued pursuant to this part, which recital is conclusive evidence of their validity and of the regularity of the issuance.
History: En. Sec. 14, Ch. 193, L. 1987.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 14. Irrigation District Revenue Bond Act › 85-7-1433. Liens arising from bonds

85-7-1433. Liens arising from bonds.
The resolution authorizing the bonds must specify and define the revenues or portion of the undertaking's revenues that is appropriated and pledged for the security and payment of the bond principal and interest and the relative security of liens on the revenues in favor of bonds of one or more series or issues, whether issued concurrently or at different times.
History: En. Sec. 15, Ch. 193, L. 1987.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 14. Irrigation District Revenue Bond Act › 85-7-1434. Security interest in undertaking

85-7-1434. Security interest in undertaking.
The issuer may, pursuant to a mortgage, trust indenture, or security agreement, grant a security interest in the real and personal property constituting the undertaking itself.
History: En. Sec. 16, Ch. 193, L. 1987.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 14. Irrigation District Revenue Bond Act › 85-7-1435. Details relating to revenue bonds

85-7-1435. Details relating to revenue bonds.
Bonds authorized to be issued under this part shall bear interest at a rate not exceeding the limitation of 17-5-102, payable semiannually, and may be in one or more series; bear such date or dates; mature at such time or times, not exceeding 40 years from their respective dates of issuance; be payable in such place or places; carry such registration privileges; be subject to such terms of redemption; be executed in such manner; contain such terms, covenants, and conditions; and be in such form, either coupon or registered, as the resolution or subsequent resolutions may provide.
History: En. Sec. 17, Ch. 193, L. 1987.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 14. Irrigation District Revenue Bond Act › 85-7-1436. Sale of bonds

85-7-1436. Sale of bonds.
(1) Bonds authorized to be issued may be sold at a price not less than 97% of face value if the issuer determines that the sale is in the best interests of the irrigation district.
(2) The bonds may be sold at public or private sale as determined by the irrigation district pursuant to 17-5-107.
History: En. Sec. 18, Ch. 193, L. 1987; amd. Sec. 25, Ch. 253, L. 2011.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 14. Irrigation District Revenue Bond Act › 85-7-1437. Notice of sale of bonds

85-7-1437. Notice of sale of bonds.
(1) Except as provided in subsection (2), the notice of sale of bonds required by 85-7-1436 for bonds sold publicly must be published once at least 5 days prior to such sale:
(a) in a newspaper of general circulation in the county in which the office of the issuer is located; and
(b) in a financial newspaper in New York, Chicago, or San Francisco.
(2) If the bond issue is in an amount of less than $150,000, the bond issue must be advertised at least 5 days prior to sale in a newspaper of general circulation throughout the state of Montana.
History: En. Sec. 19, Ch. 193, L. 1987; amd. Sec. 26, Ch. 253, L. 2011.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 14. Irrigation District Revenue Bond Act › 85-7-1438. Interim receipts or certificates

85-7-1438. Interim receipts or certificates.
Pending the preparation of the definitive bonds, interim receipts or certificates, in a form and with provisions determined by the governing body, may be issued to the purchaser or purchasers of bonds sold pursuant to this part. The bonds and interim receipts or certificates are fully negotiable, as provided by Title 30, chapter 8.
History: En. Sec. 20, Ch. 193, L. 1987.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 15. Organization of Districts › 85-7-1501. Qualifications of commissioners and term of office

85-7-1501. Qualifications of commissioners and term of office.
(1) To qualify as a commissioner, an individual:
(a) must own irrigable land within the division of the district that the individual would represent or hold an equity ownership in an entity that owns irrigable land within the division of the district that the individual would represent; and
(b) must be a resident of the county, or an adjoining county, in which some portion of the division of the district that the individual would represent is located.
(2) The commissioners appointed shall hold their respective offices until their respective successors are elected and qualified. Each of the commissioners shall qualify in the same manner as justices of the peace. The bond for a commissioner must be approved by the district court or judge of the district court and filed in the office of the clerk of the court.
(3) For the purposes of this section, the term "entity" means a corporation, a limited liability company, a business trust, an estate, a trust, a partnership, an unincorporated association, or a foundation.
History: En. Sec. 5, Ch. 146, L. 1909; amd. Sec. 1, Ch. 145, L. 1915; re-en. Sec. 7170, R.C.M. 1921; re-en. Sec. 7170, R.C.M. 1935; amd. Sec. 16, Ch. 460, L. 1977; R.C.M. 1947, 89-1205(part); amd. Sec. 398, Ch. 571, L. 1979; amd. Sec. 1, Ch. 584, L. 1989; amd. Sec. 1, Ch. 402, L. 2005.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 15. Organization of Districts › 85-7-1502. Organization of board of commissioners and establishment of office

85-7-1502. Organization of board of commissioners and establishment of office.
(1) The commissioners shall meet within 10 days after their appointment and shall organize as a board by the election of one of their number as president. They shall also elect a secretary (who may or may not be a commissioner). Except as provided in part 16 of this chapter, the compensation of the secretary and all other employees authorized under this chapter shall be fixed by the board.
(2) The board shall also at this meeting designate the place where the office of the board shall be established and maintained and its records kept, which place shall be in the county containing a substantial portion of the lands in the district; and such place shall not be changed except by resolution of the board, of which notice shall be given by at least one publication in some newspaper published or of general circulation in the county wherein the office of the district is located and by posting in at least three public places in each division of the district.
History: En. Sec. 6, Ch. 146, L. 1909; re-en. Sec. 7171, R.C.M. 1921; amd. Sec. 2, Ch. 157, L. 1923; re-en. Sec. 7171, R.C.M. 1935; amd. Sec. 1, Ch. 78, L. 1961; R.C.M. 1947, 89-1206.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 15. Organization of Districts › 85-7-1503. Board meetings

85-7-1503. Board meetings.
(1) All meetings of the board of commissioners shall be public and a complete record of all proceedings shall be kept by the secretary.
(2) Regular meetings of the board shall be held at such times as the board may by rule or bylaw prescribe. Special meetings may be called on 24 hours' notice by the president or any two members of the board or in such other manner and upon such other notice as the board may by rule or bylaw prescribe. All meetings of the board may be adjourned as the board shall order or direct. A majority of the commissioners shall constitute a quorum.
History: En. Sec. 7, Ch. 146, L. 1909; re-en. Sec. 7172, R.C.M. 1921; re-en. Sec. 7172, R.C.M. 1935; R.C.M. 1947, 89-1207.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 15. Organization of Districts › 85-7-1504. Bonds for commissioner and secretary

85-7-1504. Bonds for commissioner and secretary.
(1) When the obligations of the district, either existing or proposed, total $250,000 or more, the commissioners of an irrigation district shall each furnish a bond in the penal sum of $2,500, with corporate surety conditioned for the faithful performance of their duties under this chapter. The secretary shall furnish bond, with corporate surety, in the sum of $1,000, conditioned for the faithful performance of the secretary's duties pursuant to this chapter and for the proper safekeeping of the records and documents of the district. In all other cases, the bond for the commissioners is $1,000.
(2) If a district established under this chapter is appointed fiscal agent of the United States or is authorized by the United States to make collections of money for and on behalf of the United States in connection with any federal reclamation project, each commissioner shall execute a further and additional official bond in a sum that the secretary of the interior may require, conditioned for the faithful discharge of the duties of office and the faithful discharge by the district of its duties as fiscal or other agent of the United States under any appointment or authorization, and that bond may be sued upon by the United States or by any person injured by the failure of the commissioner or the district to fully, promptly, and completely perform respective duties.
History: (1)En. Sec. 8, Ch. 146, L. 1909; amd. Sec. 1, Ch. 120, L. 1921; re-en. Sec. 7173, R.C.M. 1921; amd. Sec. 3, Ch. 157, L. 1923; amd. Sec. 1, Ch. 116, L. 1927; amd. Sec. 1, Ch. 15, L. 1929; re-en. Sec. 7173, R.C.M. 1935; amd. Sec. 1, Ch. 62, L. 1965; amd. Sec. 1, Ch. 153, L. 1973; amd. Sec. 17, Ch. 460, L. 1977; Sec. 89-1208, R.C.M. 1947; (2)En. Sec. 5, Ch. 146, L. 1909; amd. Sec. 1, Ch. 145, L. 1915; re-en. Sec. 7170, R.C.M. 1921; re-en. Sec. 7170, R.C.M. 1935; amd. Sec. 16, Ch. 460, L. 1977; Sec. 89-1205, R.C.M. 1947; R.C.M. 1947, 89-1205(part), 89-1208(3); amd. Sec. 2783, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 15. Organization of Districts › 85-7-1505. Compensation and expenses of commissioners

85-7-1505. Compensation and expenses of commissioners.
(1) The commissioners, when sitting as a board or when engaged in the business of the district, are entitled to compensation at an amount determined by a majority vote of the board for each day that they are actually and necessarily engaged in the performance of irrigation district duties. The amount of compensation determined by the board may be no greater than $100.
(2) The commissioners are also entitled to reimbursement for travel expenses, as provided in 2-18-501 through 2-18-503, and for their necessary expenses when otherwise engaged in district business, including premiums on qualifying bonds and any other bonds required of the commissioners in connection with their office.
History: En. Sec. 8, Ch. 146, L. 1909; amd. Sec. 1, Ch. 120, L. 1921; re-en. Sec. 7173, R.C.M. 1921; amd. Sec. 3, Ch. 157, L. 1923; amd. Sec. 1, Ch. 116, L. 1927; amd. Sec. 1, Ch. 15, L. 1929; re-en. Sec. 7173, R.C.M. 1935; amd. Sec. 1, Ch. 62, L. 1965; amd. Sec. 1, Ch. 153, L. 1973; amd. Sec. 17, Ch. 460, L. 1977; R.C.M. 1947, 89-1208(1); amd. Sec. 3, Ch. 112, L. 1981; amd. Sec. 5, Ch. 672, L. 1983; amd. Sec. 1, Ch. 387, L. 2001.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 15. Organization of Districts › 85-7-1506. Liability of officers

85-7-1506. Liability of officers.
For a willful violation of an express duty under this part on the part of any officer named in this part, the officer is liable upon the officer's official bond and is subject to removal from office by proceedings brought by a tax or assessment payer of the district in the district court of the county in which the office of the board of commissioners of the district is located.
History: En. Sec. 61, Ch. 146, L. 1909; re-en. Sec. 7256, R.C.M. 1921; re-en. Sec. 7256, R.C.M. 1935; R.C.M. 1947, 89-2103; amd. Sec. 2784, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 15. Organization of Districts › 85-7-1507. Conflict of interest -- criminal penalty

85-7-1507. Conflict of interest -- criminal penalty.
A commissioner or any other officer named in this chapter may not in any manner be interested, directly or indirectly, in a contract awarded or to be awarded by the board or in the profits derived from a contract. For any violation of this provision, the officer is guilty of a misdemeanor and upon conviction forfeits office and the officer shall be punished as provided in 45-7-401.
History: En. Sec. 8, Ch. 146, L. 1909; amd. Sec. 1, Ch. 120, L. 1921; re-en. Sec. 7173, R.C.M. 1921; amd. Sec. 3, Ch. 157, L. 1923; amd. Sec. 1, Ch. 116, L. 1927; amd. Sec. 1, Ch. 15, L. 1929; re-en. Sec. 7173, R.C.M. 1935; amd. Sec. 1, Ch. 62, L. 1965; amd. Sec. 1, Ch. 153, L. 1973; amd. Sec. 17, Ch. 460, L. 1977; R.C.M. 1947, 89-1208(2); amd. Sec. 2, Ch. 326, L. 1979; amd. Sec. 2785, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 15. Organization of Districts › 85-7-1508. Compensation and duties of secretary

85-7-1508. Compensation and duties of secretary.
The member of the board acting as secretary or any person appointed by the board as secretary for the district must receive compensation for services as allowed by the board. It is the duty of the secretary to keep the books and records of accounts, contracts, securities, and other records, to perform the duties promptly each month, and to make a monthly reconcilement of accounts with the county treasurer. It is the duty of the county treasurer to make a monthly report to the secretary of all receipts, disbursements, and balances. A failure by the secretary to comply with the provisions of this section causes a forfeiture of the secretary's salary, and the secretary must be removed from office by the board.
History: En. Sec. 2, Ch. 212, L. 1921; re-en. Sec. 7261, R.C.M. 1921; re-en. Sec. 7261, R.C.M. 1935; R.C.M. 1947, 89-2108; amd. Sec. 2786, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 16. Joint Operations › 85-7-1601. Authority for joint operation of districts

85-7-1601. Authority for joint operation of districts.
Whenever the board of commissioners of one or more irrigation districts, established and organized by virtue of the provisions of 85-7-101 through 85-7-103 shall, in their discretion, deem it advisable for the best interests of their district to operate, manage, supervise, and maintain the operation of their district jointly with another irrigation district, the said commissioners are hereby authorized and empowered to enter into written contracts for the creation of a joint board of control. Where irrigation works lie partly in the state of Montana and partly in an adjacent state, the board of commissioners may contract with the district or districts in the adjacent state for the creation of a joint board of control.
History: En. Sec. 1, Ch. 179, L. 1959; R.C.M. 1947, 89-1209.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 16. Joint Operations › 85-7-1602. Election on joint operations

85-7-1602. Election on joint operations.
At any time after March 7, 1959, in the event that it is deemed advisable or desirable for any irrigation districts to operate under the direction of a board of control as herein provided, the boards of commissioners of the districts, after petition requesting the same be received and filed with them, must call an election to put the question before the landowners of the districts which are petitioned to be joined. In the event a majority of the landowners of each district, as provided by 85-7-1710, vote for organizing such board of control, then the commissioners of each district will be authorized and directed to enter into such contract to operate the districts in accordance with the terms of this part as provided by 85-7-1601. The election herein provided shall be conducted in the same manner and the same persons shall be entitled to vote thereat as provided for elections of commissioners of irrigation districts, in accordance with 85-7-1702, 85-7-1710, and 85-7-1712.
History: En. Sec. 10, Ch. 179, L. 1959; R.C.M. 1947, 89-1218(part); amd. Sec. 399, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 16. Joint Operations › 85-7-1603. Withdrawal from joint operation

85-7-1603. Withdrawal from joint operation.
Any district having entered into a written contract, as provided by this part, may withdraw from such contract upon submitting to the board of control, in writing, a 90-day notice of withdrawal, except that if revenue bonds have been issued by the board of control under part 14 of this chapter, the district may not withdraw from such contract until such bonds are canceled or redeemed.
History: En. Sec. 11, Ch. 179, L. 1959; R.C.M. 1947, 89-1219; amd. Sec. 21, Ch. 193, L. 1987.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 16. Joint Operations › 85-7-1604. Validity of joint operations under earlier agreements

85-7-1604. Validity of joint operations under earlier agreements.
Any contract previously entered into between any two or more irrigation districts or between any such irrigation districts and the United States bureau of reclamation which meets the requirements of this part and which creates a board of control meeting all the requirements of this part is hereby declared to be a valid contract and to create a valid board of control under this part.
History: En. Sec. 10, Ch. 179, L. 1959; R.C.M. 1947, 89-1218(part).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 16. Joint Operations › 85-7-1605. Purpose

85-7-1605. Purpose.
This part is not intended to conflict in any way with statutes governing irrigation districts but is for the sole purpose of making it possible for one or more irrigation districts to function jointly through a central control agency for the purpose of efficiency, simplicity, and economy.
History: En. Sec. 12, Ch. 179, L. 1959; amd. Sec. 18, Ch. 460, L. 1977; R.C.M. 1947, 89-1220.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 16. Joint Operations › 85-7-1611. Board of control -- composition and vacancies

85-7-1611. Board of control -- composition and vacancies.
(1) The board of control must be composed of one or more irrigation commissioners from each district involved and one member at large. Each irrigation commissioner must be appointed for 1 year by the board of commissioners of the district that the commissioner represents. The member at large must be a landowner from one of the districts involved or a person representing any person or entity that receives water delivery from the irrigation project that delivers water to the member districts. The member at large must be appointed by the commissioner members to serve for a period of 1 year and shall give a bond, the same as an irrigation district commissioner. The member at large may not be an employee, agent, water commissioner, or servant of any of the districts involved. At no time may the board membership be less than three members. Each member of the board of control and the manager, if hired, before beginning duties shall give a bond to the board of control in the amount of $5,000, conditioned upon the faithful performance of the member's duties.
(2) Vacancies occurring during the term in the position of a commissioner member must be filled for the remainder of the unexpired term by appointment of the board of commissioners of the district involved. Vacancies occurring in the position of member at large must be filled for the remainder of the unexpired term in the same manner as the original appointment.
History: En. Sec. 2, Ch. 179, L. 1959; R.C.M. 1947, 89-1210; amd. Sec. 1, Ch. 143, L. 1999.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 16. Joint Operations › 85-7-1612. Board of control -- powers and duties

85-7-1612. Board of control -- powers and duties.
(1) The board of control established by this part is the operating agent of the contracting districts for the operation and maintenance of irrigation and/or drainage works and the delivery of water therefrom.
(2) The board shall make and execute all necessary contracts; employ and appoint such agents, officers, and employees as may be required; and prescribe their duties.
(3) The board may institute and maintain any and all actions and proceedings and suits at law or in equity, necessary or proper in order to fully carry out the provisions of this chapter or to enforce, maintain, protect, or preserve any and all rights, privileges, and immunities created by this part or acquired in pursuance thereof. In all courts, suits, or proceedings, the board may sue, appear, and defend in person or by its attorneys and in the name of such board of control.
(4) The board may adopt rules and bylaws governing the calling and holding of meetings of the board; the manner of transacting business thereat; and the publishing or posting of the orders, resolutions, and proceedings of the board. The board shall pass or adopt bylaws and rules for the apportionment and distribution of water to the lands of the contracting districts and for the protection and preservation of the works and other property of the districts. All orders and resolutions shall be passed or adopted by a majority of the members of the board of control by a "yea" and "nay" vote, to be entered upon the records of the board.
(5) The board of control may perform all other acts necessary or appropriate to fully carry out the purposes of this part.
(6) The board of control may plan, acquire, construct, operate, maintain, lease, or finance an undertaking through the issuance of revenue bonds, as provided in part 14 of this chapter.
History: En. Sec. 3, Ch. 179, L. 1959; R.C.M. 1947, 89-1211; amd. Sec. 3, Ch. 326, L. 1979; amd. Sec. 22, Ch. 193, L. 1987; amd. Sec. 79, Ch. 83, L. 1989.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 16. Joint Operations › 85-7-1613. Board of control -- per diem and expenses

85-7-1613. Board of control -- per diem and expenses.
The members of the board of control, when sitting as a board or when engaged in the business of the board, are entitled to compensation of $25 for each day they are actually and necessarily engaged in the performance of irrigation district duties and to reimbursement for travel expenses as provided in 2-18-501 through 2-18-503, and for their necessary expenses.
History: En. Sec. 4, Ch. 179, L. 1959; R.C.M. 1947, 89-1212; amd. Sec. 4, Ch. 112, L. 1981; amd. Sec. 6, Ch. 672, L. 1983.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 16. Joint Operations › 85-7-1614. Board of control -- office and records

85-7-1614. Board of control -- office and records.
The board of control is hereby authorized and empowered to establish an office in one of the contracting districts; to hold its proceedings therein; and to keep on file all necessary petitions, papers, minutes, documents, or other instruments belonging to the board of control and the contracting districts.
History: En. Sec. 5, Ch. 179, L. 1959; R.C.M. 1947, 89-1213.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 16. Joint Operations › 85-7-1615. Manager of operations

85-7-1615. Manager of operations.
The board of control may hire a manager to supervise and conduct the operations of the district or districts over which it presides or to hire a manager for each district under its supervision, whichever it considers advisable. The manager or managers shall perform all duties set out by the board of control.
History: En. Sec. 6, Ch. 179, L. 1959; R.C.M. 1947, 89-1214; amd. Sec. 2787, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 16. Joint Operations › 85-7-1616. Required records and audits

85-7-1616. Required records and audits.
(1) The board of control shall keep or cause to be kept, in the form prescribed by the department of administration, a full and complete book and record of the accounts, records, contracts, securities, minutes of meetings, and other matters of every kind pertaining to or belonging to the joint operation of the irrigation districts.
(2) The department of administration shall prescribe forms for the use of the board of control.
(3) The accounting records of all boards of control must be audited in accordance with 2-7-503.
History: En. Sec. 7, Ch. 179, L. 1959; amd. Sec. 165, Ch. 253, L. 1974; amd. Sec. 51, Ch. 213, L. 1975; R.C.M. 1947, 89-1215; amd. Sec. 7, Ch. 274, L. 1981; amd. Sec. 1, Ch. 287, L. 1983; amd. Sec. 11, Ch. 179, L. 1995; amd. Sec. 214, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 16. Joint Operations › 85-7-1617. Apportionment of costs of joint operation

85-7-1617. Apportionment of costs of joint operation.
The districts entering into a contract for their joint control shall pay to the board of control, proportionately on an acreage basis the necessary costs, expenses, and charges for the general administration, maintenance, and repairs.
History: En. Sec. 8, Ch. 179, L. 1959; R.C.M. 1947, 89-1216.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 16. Joint Operations › 85-7-1618. Custody and disbursement of funds

85-7-1618. Custody and disbursement of funds.
The county treasurer of the county in which the office of the board is established is the custodian of all funds made available for the use of the board, and the county treasurer shall pay out the funds upon the order of the board. The orders must be signed by the secretary or treasurer of the board of control and countersigned by the president or, in the president's absence, by the vice president of the board of control. The board funds must be kept separate and distinct from all other county funds. The county treasurer to whom board funds are entrusted is liable on the treasurer's bond for the safekeeping of the funds.
History: En. Sec. 9, Ch. 179, L. 1959; R.C.M. 1947, 89-1217; amd. Sec. 2788, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 17. Elections › 85-7-1701. Repealed

85-7-1701. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 10, Ch. 146, L. 1909; re-en. Sec. 7175, R.C.M. 1921; re-en. Sec. 7175, R.C.M. 1935; R.C.M. 1947, 89-1302.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 17. Elections › 85-7-1702. Election of commissioners -- term of office

85-7-1702. Election of commissioners -- term of office.
(1) The election for commissioners in each district must be held annually in accordance with Title 13, chapter 1, part 5. The election may be at the district's annual meeting or on the date established in 13-1-504(1).
(2) A person eligible to vote in the district may file a declaration of candidacy for the office of commissioner with the election administrator or deputy election administrator within the time period specified in 13-1-502.
(3) Within 40 days following their election, the commissioners shall meet and organize as a board by electing a president from their number and a secretary, who may or may not be a commissioner, who shall each hold office at the pleasure of the board.
(4) Except as provided in 85-7-204, the term of office of each commissioner begins on the date of the commissioner's election and continues for 3 years.
(5) Commissioners are elected by the electors of the entire district.
History: En. Sec. 11, Ch. 146, L. 1909; amd. Sec. 4, Ch. 153, L. 1917; amd. Sec. 1, Ch. 3, L. 1921; amd. Sec. 1, Ch. 7, Ex. L. 1921; re-en. Sec. 7176, R.C.M. 1921; re-en. Sec. 7176, R.C.M. 1935; amd. Sec. 1, Ch. 302, L. 1977; R.C.M. 1947, 89-1303(part); amd. Sec. 370, Ch. 571, L. 1979; amd. Sec. 9, Ch. 27, L. 1981; amd. Sec. 40, Ch. 250, L. 1985; amd. Sec. 1, Ch. 269, L. 1991; amd. Sec. 11, Ch. 254, L. 1999; amd. Sec. 246, Ch. 49, L. 2015; amd. Sec. 17, Ch. 242, L. 2017.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 17. Elections › 85-7-1703. Vacancies among commissioners

85-7-1703. Vacancies among commissioners.
If there is a vacancy on the board of commissioners from any cause, the vacancy must be filled until the next regular or special election by appointment by the board. The remaining commissioners constitute a quorum for the purpose of filling any vacancy. If a vacancy exists for every position on the board, the judge of the district court of the county in which the division or major portion of the division is situated shall make the appointments. The appointee must be an owner of irrigable land within the division of the district that the appointee represents and must be a resident of the county in which the division of the district or some portion of the division is situated. A commissioner appointed under this section holds office until a successor is elected and qualified.
History: En. Sec. 12, Ch. 146, L. 1909; re-en. Sec. 7177, R.C.M. 1921; amd. Sec. 5, Ch. 157, L. 1923; re-en. Sec. 7177, R.C.M. 1935; R.C.M. 1947, 89-1304; amd. Sec. 5, Ch. 112, L. 1981; amd. Sec. 2, Ch. 584, L. 1989; amd. Sec. 2789, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 17. Elections › 85-7-1704. Repealed

85-7-1704. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 13, Ch. 146, L. 1909; re-en. Sec. 7178, R.C.M. 1921; re-en. Sec. 7178, R.C.M. 1935; R.C.M. 1947, 89-1305.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 17. Elections › 85-7-1705. Repealed

85-7-1705. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 14, Ch. 146, L. 1909; re-en. Sec. 7179, R.C.M. 1921; re-en. Sec. 7179, R.C.M. 1935; R.C.M. 1947, 89-1306.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 17. Elections › 85-7-1706. Repealed

85-7-1706. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 15, Ch. 146, L. 1909; re-en. Sec. 7180, R.C.M. 1921; re-en. Sec. 7180, R.C.M. 1935; amd. Sec. 1, Ch. 164, L. 1947; R.C.M. 1947, 89-1307.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 17. Elections › 85-7-1707. Repealed

85-7-1707. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 16, Ch. 146, L. 1909; re-en. Sec. 7181, R.C.M. 1921; re-en. Sec. 7181, R.C.M. 1947, 89-1308.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 17. Elections › 85-7-1708. Repealed

85-7-1708. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 17, Ch. 146, L. 1909; re-en. Sec. 7182, R.C.M. 1921; re-en. Sec. 7182, R.C.M. 1947, 89-1309.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 17. Elections › 85-7-1709. Repealed

85-7-1709. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 18, Ch. 146, L. 1909; re-en. Sec. 7183, R.C.M. 1921; re-en. Sec. 7183, R.C.M. 1947, 89-1310.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 17. Elections › 85-7-1711. Repealed

85-7-1711. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 20, Ch. 146, L. 1909; re-en. Sec. 7185, R.C.M. 1921; re-en. Sec. 7185, R.C.M. 1935; R.C.M. 1947, 89-1312.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 17. Elections › 85-7-1712. Call for election

85-7-1712. Call for election.
The board of commissioners may at any time call an election and submit to the qualified electors of the district any question which under the provisions of this chapter is required or which, in the judgment of the board, is proper to be submitted to popular vote. The election must be called by resolution and conducted in accordance with Title 13, chapter 1, part 5.
History: En. Sec. 21, Ch. 146, L. 1909; re-en. Sec. 7186, R.C.M. 1921; re-en. Sec. 7186, R.C.M. 1935; R.C.M. 1947, 89-1313; amd. Sec. 372, Ch. 571, L. 1979; amd. Sec. 247, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 17. Elections › 85-7-1713. Where documents to be filed and proceedings to be held

85-7-1713. Where documents to be filed and proceedings to be held.
Where the lands of a district lie within more than one county, all petitions, papers, documents, or other instruments shall be filed and proceedings had in the county in which the office of the board is established.
History: En. Sec. 22, Ch. 146, L. 1909; re-en. Sec. 7187, R.C.M. 1921; re-en. Sec. 7187, R.C.M. 1935; R.C.M. 1947, 89-1314; amd. Sec. 6, Ch. 112, L. 1981.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 18. Alteration and Determination of District Acreage › 85-7-1801. Change in boundaries

85-7-1801. Change in boundaries.
The boundaries of any irrigation district organized hereunder may be changed in the manner herein prescribed. Such change of the boundaries of the district shall not impair or affect its organization or its rights in or to property or any of its rights or privileges of whatsoever kind or nature, nor shall it affect, impair, or discharge any contract, obligation, lien, or charge for or upon which it was or might become liable or chargeable had such change of its boundaries not been made.
History: En. Sec. 23, Ch. 146, L. 1909; amd. Sec. 1, Ch. 98, L. 1919; re-en. Sec. 7188, R.C.M. 1921; re-en. Sec. 7188, R.C.M. 1935; R.C.M. 1947, 89-1401(part).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 18. Alteration and Determination of District Acreage › 85-7-1802. Elimination of lands from district

85-7-1802. Elimination of lands from district.
Whenever lands have been included within the boundaries of an established and organized irrigation district, which from their location or conformation cannot be successfully irrigated by the irrigation works or system already constructed or proposed to be constructed or the cost of irrigating the same will become burdensome upon the landowners of the district, a majority in number of the holders of title or evidence of title to the land included in such district (such holders of title or evidence of title also representing a majority in acreage of said lands) may petition the district court of the county in which the lands of the district or the greater portion thereof are situated for an order or decree changing the boundaries of the district by the elimination therefrom of such lands.
History: En. Sec. 23, Ch. 146, L. 1909; amd. Sec. 1, Ch. 98, L. 1919; re-en. Sec. 7188, R.C.M. 1921; re-en. Sec. 7188, R.C.M. 1935; R.C.M. 1947, 89-1401(part); amd. Sec. 3, Ch. 306, L. 1997.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 18. Alteration and Determination of District Acreage › 85-7-1803. Requirements for petition to eliminate lands

85-7-1803. Requirements for petition to eliminate lands.
(1) The petition for this purpose must be signed by the required number of holders of title or evidence of title to lands within such district, as hereinbefore specified, and the same shall be filed with the clerk of the district court as herein designated.
(2) Such petition shall set forth:
(a) the name of the district;
(b) a general description of the lands to be eliminated or excluded from the district;
(c) the names of the holders of title or evidence of title to the lands sought to be excluded; the names of the holders of title or evidence of title to the remainder of the lands of said district, ascertained in the manner mentioned in 85-7-101 and 85-7-102; and if any holder of title is a nonresident of the county or counties in which the district lies, the post-office address of such nonresident owners, if known;
(d) a brief description of the character of the works, water rights, canals, and other property acquired or proposed to be acquired or constructed for irrigation purposes in the district;
(e) a brief statement of the reasons why the lands sought to be excluded should be eliminated from the district;
(f) a prayer for the exclusion of the lands sought to be eliminated therefrom.
(3) The petition shall be accompanied by a map or plat of the district, showing thereon the lands sought to be eliminated therefrom, and a good and sufficient bond or undertaking to be approved by the district court or judge thereof of the county in which the petition is required to be filed under the provisions hereof, to pay all costs in and about the proceedings and the hearing thereof in the event that said petition is denied.
History: En. Sec. 23, Ch. 146, L. 1909; amd. Sec. 1, Ch. 98, L. 1919; re-en. Sec. 7188, R.C.M. 1921; re-en. Sec. 7188, R.C.M. 1935; R.C.M. 1947, 89-1401(part).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 18. Alteration and Determination of District Acreage › 85-7-1804. Minor errors

85-7-1804. Minor errors.
Mere error or omission in the description of any lands or in the names of any of the holders of title or evidence of title to lands shall not operate to render invalid any proceedings hereunder or to deprive the district court of jurisdiction of the subject matter.
History: En. Sec. 23, Ch. 146, L. 1909; amd. Sec. 1, Ch. 98, L. 1919; re-en. Sec. 7188, R.C.M. 1921; re-en. Sec. 7188, R.C.M. 1935; R.C.M. 1947, 89-1401(part).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 18. Alteration and Determination of District Acreage › 85-7-1805. Notice requirements

85-7-1805. Notice requirements.
(1) Upon the filing of a petition, the district court shall fix the time and place of hearing on the petition and direct that notice of the petition be given.
(2) The petitioner shall cause to be published at least once a week for 2 successive weeks in a newspaper published in the county where the petition is filed a notice stating the time and place of the hearing on the petition that includes a brief statement of the matters set forth in the petition. If any portion of the lands sought to be excluded from the district lie within any other county or counties, then the notice shall be published as provided above in a newspaper published in each county or counties. The first publication of the notice must occur not less than 30 days before the hearing.
(3) If any holder of title or evidence of title to lands sought to be excluded from the district is a nonresident of the county or counties in which the district lies, the petitioner shall within 3 days of the first publication of the notice mail a copy of the notice to each nonresident whose address is stated in the petition. The affidavit of publication as to the facts of the publishing and mailing of the notice affixed to a copy of the notice is sufficient evidence of the facts.
History: En. Sec. 23, Ch. 146, L. 1909; amd. Sec. 1, Ch. 98, L. 1919; re-en. Sec. 7188, R.C.M. 1921; re-en. Sec. 7188, R.C.M. 1935; R.C.M. 1947, 89-1401(part); amd. Sec. 1, Ch. 95, L. 2015.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 7. Irrigation Districts › Part 18. Alteration and Determination of District Acreage › 85-7-1806. Court hearing on petition to eliminate lands

85-7-1806. Court hearing on petition to eliminate lands.
(1) At the time specified in the notice, the district court in which the petition is filed shall hear the petition but may adjourn such meeting from time to time, not exceeding 2 weeks in all, and may continue the hearing for the want of sufficient notice or other good cause. The court upon application of the petitioners shall permit the petition to be amended and may order further or additional notice to be given. Upon such hearing, all persons interested whose lands or rights may be damaged or benefited by the granting of the petition or the exclusion of the lands from the district may appear and contest the necessity or justice of the court's making an order granting such petition in whole or in part, and the contestants and petitioners may offer any competent evidence in regard thereto.
(2) It shall be the duty of the court to hear and determine whether the requirements as herein set forth have been complied with, and for that purpose shall hear all competent and relevant testimony that may be offered.
History: En. Sec. 23, Ch. 146, L. 1909; amd. Sec. 1, Ch. 98, L. 1919; re-en. Sec. 7188, R.C.M. 1921; re-en. Sec. 7188, R.C.M. 1935; R.C.M. 1947, 89-1401(part).