reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 3. Administration of Conservation Districts › 76-15-320. Legal status of district -- immunity

76-15-320. Legal status of district -- immunity.
(1) A conservation district and the supervisors of a conservation district may:
(a) sue and be sued in the name of the district;
(b) satisfy a judgment or settlement pursuant to 2-9-316;
(c) have a seal that is judicially noticed;
(d) have perpetual succession unless terminated as provided in this chapter;
(e) implement Title 75, chapter 7, part 1; and
(f) make and execute contracts and other instruments necessary or convenient to the exercise of its powers.
(2) A conservation district, conservation district supervisor, or conservation district employee is immune from suit for any liability that might otherwise be incurred or imposed for an act or omission committed while engaged in conservation district activities pursuant to Title 75, chapter 7, part 1, or this chapter, unless the act or omission constitutes gross negligence, was committed in bad faith, or was committed with malicious purpose.
History: En. Sec. 8, Ch. 72, L. 1939; amd. Sec. 2, Ch. 5, L. 1959; amd. Sec. 2, Ch. 291, L. 1969; amd. Sec. 7, Ch. 431, L. 1971; amd. Sec. 2, Ch. 75, L. 1975; amd. Sec. 1, Ch. 395, L. 1977; R.C.M. 1947, 76-108(part); amd. Sec. 2, Ch. 23, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 3. Administration of Conservation Districts › 76-15-321. Rulemaking authority

76-15-321. Rulemaking authority.
A conservation district and the supervisors thereof shall have the power to make and from time to time amend and repeal rules to carry into effect the purposes and powers of this chapter.
History: En. Sec. 8, Ch. 72, L. 1939; amd. Sec. 2, Ch. 5, L. 1959; amd. Sec. 2, Ch. 291, L. 1969; amd. Sec. 7, Ch. 431, L. 1971; amd. Sec. 2, Ch. 75, L. 1975; amd. Sec. 1, Ch. 395, L. 1977; R.C.M. 1947, 76-108(part); amd. Sec. 18, Ch. 266, L. 1979.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 3. Administration of Conservation Districts › 76-15-322. Filing of notice of organization of district

76-15-322. Filing of notice of organization of district.
Within 10 days after the creation of the district, the supervisors of a conservation district shall cause a notice declaring the district organized to be filed for record in the office of the county clerk and recorder of each county in which any portion of the district is situated.
History: En. Sec. 1, Ch. 253, L. 1963; amd. Sec. 3, Ch. 291, L. 1969; amd. Sec. 14, Ch. 431, L. 1971; R.C.M. 1947, 76-201(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 3. Administration of Conservation Districts › 76-15-323. Repealed

76-15-323. Repealed.
Sec. 1, Ch. 65, L. 2017.
History: En. Sec. 2, Ch. 253, L. 1963; amd. Sec. 1, Ch. 152, L. 1965; R.C.M. 1947, 76-202.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 3. Administration of Conservation Districts › 76-15-324. Minutes

76-15-324. Minutes.
The board of supervisors shall submit the minutes of its proceedings for electronic storage within 30 days after the minutes have been approved by that body for electronic storage and retention in accordance with the provisions of Title 2, chapter 6, part 12. The board of supervisors shall submit the minutes for electronic storage to the county clerk and recorder of each county within the jurisdiction of the district.
History: En. Sec. 22, Ch. 262, L. 2015.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 4. Operation of Conservation Districts › 76-15-401. Study of problems relating to soil and water conservation

76-15-401. Study of problems relating to soil and water conservation.
(1) A conservation district and the supervisors thereof shall have the power to:
(a) conduct surveys, investigations, and research relating to the character of soil erosion, floodwater and sediment damages, and water quality as it pertains to saline seep and to the conservation, development, utilization, and disposal of water and the preventive and control measures and works of improvement needed;
(b) publish the results of such surveys, investigations, or research; and
(c) disseminate information concerning such preventive and control measures and works of improvement.
(2) In order to avoid duplication of research activities, no district shall initiate any research program except in cooperation with the government of this state or any of its agencies or with the United States or any of its agencies.
History: En. Sec. 8, Ch. 72, L. 1939; amd. Sec. 2, Ch. 5, L. 1959; amd. Sec. 2, Ch. 291, L. 1969; amd. Sec. 7, Ch. 431, L. 1971; amd. Sec. 2, Ch. 75, L. 1975; amd. Sec. 1, Ch. 395, L. 1977; R.C.M. 1947, 76-108(A)(1).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 4. Operation of Conservation Districts › 76-15-402. Development of soil and water conservation plans

76-15-402. Development of soil and water conservation plans.
A conservation district and the supervisors thereof shall have the power to:
(1) develop comprehensive plans for the conservation of soil resources and for the control and prevention of soil erosion and for flood prevention and conservation, development, utilization, and disposal of water within the district, which plans shall specify in such detail as may be possible the acts, procedures, performances, and avoidances which are necessary or desirable for the effectuation of such plans, including the specification of engineering operations, range management, methods of cultivation, the growing of vegetation, cropping, range programs, tillage and grazing practices, and changes in use of land; and
(2) publish such plans and information and bring them to the attention of occupiers of lands within the district.
History: En. Sec. 8, Ch. 72, L. 1939; amd. Sec. 2, Ch. 5, L. 1959; amd. Sec. 2, Ch. 291, L. 1969; amd. Sec. 7, Ch. 431, L. 1971; amd. Sec. 2, Ch. 75, L. 1975; amd. Sec. 1, Ch. 395, L. 1977; R.C.M. 1947, 76-108(A)(8).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 4. Operation of Conservation Districts › 76-15-404. Acquisition and management of property

76-15-404. Acquisition and management of property.
(1) A conservation district and the supervisors thereof shall have the power to obtain options upon and to acquire by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise any property (real or personal) or rights or interests therein; to maintain, administer, and improve any properties acquired; to receive income from such properties; to expend such income in carrying out the purposes and provisions of this chapter; and to sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of the purposes and provisions of this chapter.
(2) All such property shall be exempt from taxation by the state or any political subdivision thereof.
History: En. Sec. 8, Ch. 72, L. 1939; amd. Sec. 2, Ch. 5, L. 1959; amd. Sec. 2, Ch. 291, L. 1969; amd. Sec. 7, Ch. 431, L. 1971; amd. Sec. 2, Ch. 75, L. 1975; amd. Sec. 1, Ch. 395, L. 1977; R.C.M. 1947, 76-108(A)(5).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 4. Operation of Conservation Districts › 76-15-405. Limitation on acquisition, operation, or disposition of property

76-15-405. Limitation on acquisition, operation, or disposition of property.
No provisions with respect to the acquisition, operation, or disposition of property by other public bodies shall be applicable to a district organized hereunder unless the legislature shall specifically so state.
History: En. Sec. 8, Ch. 72, L. 1939; amd. Sec. 2, Ch. 5, L. 1959; amd. Sec. 2, Ch. 291, L. 1969; amd. Sec. 7, Ch. 431, L. 1971; amd. Sec. 2, Ch. 75, L. 1975; amd. Sec. 1, Ch. 395, L. 1977; R.C.M. 1947, 76-108(B).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 4. Operation of Conservation Districts › 76-15-406. Furnishing of supplies and equipment

76-15-406. Furnishing of supplies and equipment.
A conservation district and the supervisors thereof shall have the power to make available to land occupiers within the district, on such terms as it shall prescribe, agricultural and engineering machinery and equipment, fertilizer, seeds and seedlings, and such other material or equipment as will assist such land occupiers to carry on operations upon their lands for the conservation of soil resources and for the prevention and control of soil erosion, and for flood prevention and the conservation, development, utilization, and disposal of water.
History: En. Sec. 8, Ch. 72, L. 1939; amd. Sec. 2, Ch. 5, L. 1959; amd. Sec. 2, Ch. 291, L. 1969; amd. Sec. 7, Ch. 431, L. 1971; amd. Sec. 2, Ch. 75, L. 1975; amd. Sec. 1, Ch. 395, L. 1977; R.C.M. 1947, 76-108(A)(6).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 4. Operation of Conservation Districts › 76-15-407. Selection and acquisition of water storage sites

76-15-407. Selection and acquisition of water storage sites.
(1) Each conservation district within the state shall seek and may select at least one off-stream water storage site for the construction of a reservoir.
(2) If funding is available for a reservoir or other reclamation project, the conservation district shall acquire the site by purchase.
(3) Supervisors of conservation districts may designate sites for future construction of reservoirs. The supervisors shall designate such site by filing a legal description thereof in the office of the clerk and recorder of the county in which the site is located or the counties in which the site is located if it extends across the boundaries of two or more counties. Upon filing of such designation, the state of Montana, its agencies, or political subdivisions may not acquire the properties so designated for public purposes other than reservoir sites and may not construct any public facilities except reservoirs. Supervisors may cancel a site designation by filing notice with the clerk and recorder of the county or counties affected.
History: En. 76-118 by Sec. 1, Ch. 418, L. 1977; R.C.M. 1947, 76-118.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 4. Operation of Conservation Districts › 76-15-408. Funding of storage reservoirs

76-15-408. Funding of storage reservoirs.
Each district shall seek funding for the construction of off-stream storage reservoirs, especially funding from the natural resources projects state special revenue account. The department shall provide assistance, both administrative and technical, in the preparation of grant and funding applications by the districts.
History: En. 76-119 by Sec. 2, Ch. 418, L. 1977; R.C.M. 1947, 76-119; amd. Sec. 286, Ch. 418, L. 1995; amd. Sec. 114, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 4. Operation of Conservation Districts › 76-15-409. Purposes of off-stream storage

76-15-409. Purposes of off-stream storage.
The reservoirs shall provide water storage for appropriators within the conservation district and shall provide water for additional beneficial uses. The reservoir may be part of a federal reclamation project and may be used to provide flood control in the district.
History: En. 76-120 by Sec. 3, Ch. 418, L. 1977; R.C.M. 1947, 76-120.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 4. Operation of Conservation Districts › 76-15-410. Disposition of excess water

76-15-410. Disposition of excess water.
(1) The conservation district may dispose of water in excess of that needed to meet the requirements of prior appropriators by selling the excess water to any person who will apply the water to an agreed beneficial use within the state.
(2) In making sales under this section, the district shall allocate water on the basis of priorities established by each local district in accordance with 76-15-701 through 76-15-707 according to need and beneficial use.
History: En. 76-121 by Sec. 4, Ch. 418, L. 1977; R.C.M. 1947, 76-121.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 4. Operation of Conservation Districts › 76-15-411. Conditions to extend benefits to nonstate lands

76-15-411. Conditions to extend benefits to nonstate lands.
As a condition to the extending of any benefits under this chapter to or the performance of work upon any lands not owned or controlled by this state or any of its agencies, the supervisors may require contributions in money, services, materials, or otherwise to any operations conferring such benefits and may require land occupiers to enter into and perform such agreements or covenants as to the permanent use of such lands as will tend to prevent or control erosion and prevent floodwater and sediment damages thereon.
History: En. Sec. 8, Ch. 72, L. 1939; amd. Sec. 2, Ch. 5, L. 1959; amd. Sec. 2, Ch. 291, L. 1969; amd. Sec. 7, Ch. 431, L. 1971; amd. Sec. 2, Ch. 75, L. 1975; amd. Sec. 1, Ch. 395, L. 1977; R.C.M. 1947, 76-108(A)(11).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-501. Financial management

76-15-501. Financial management.
A conservation district and the supervisors of the conservation district may:
(1) borrow money and incur indebtedness and issue bonds or other evidence of indebtedness;
(2) refund or retire an indebtedness or lien against the district or property of the district;
(3) establish and collect rates, fees, tolls, rents, or other charges for the use of facilities or for services or materials provided. Revenue from these sources may be expended in carrying out the purposes and provisions of this chapter.
(4) subject to 15-10-420, levy taxes as provided in this part to pay any obligation of the district and to accomplish the purposes of this chapter as provided in this chapter;
(5) apply for and receive federal revenue sharing funds in order to carry out the purposes and provisions of this chapter;
(6) establish a conservation practice loan program as provided in this part; or
(7) apply for, accept, administer, and expend funds, grants, and loans from the state or federal government or any other source.
History: En. Sec. 8, Ch. 72, L. 1939; amd. Sec. 2, Ch. 5, L. 1959; amd. Sec. 2, Ch. 291, L. 1969; amd. Sec. 7, Ch. 431, L. 1971; amd. Sec. 2, Ch. 75, L. 1975; amd. Sec. 1, Ch. 395, L. 1977; R.C.M. 1947, 76-108(A)(12) thru (15); amd. Sec. 18, Ch. 473, L. 1983; amd. Sec. 4, Ch. 23, L. 1999; amd. Sec. 146, Ch. 584, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-502. Allocation of state funds among districts

76-15-502. Allocation of state funds among districts.
(1) Unless otherwise provided by law, all money which may from time to time be appropriated out of the state treasury to pay the administrative and other expenses of conservation districts shall be allocated by the department among the districts already organized or to be organized during the ensuing biennial fiscal period.
(2) In making allocations of the money, the department shall retain an amount estimated by it to be adequate to enable it to make subsequent allocations in accordance with this section and 76-15-503 from time to time among districts which may be organized after the initial allocations are made but within the ensuing biennial fiscal period.
History: En. Sec. 15, Ch. 72, L. 1939; amd. Sec. 12, Ch. 431, L. 1971; amd. Sec. 95, Ch. 253, L. 1974; R.C.M. 1947, 76-115(part); amd. Sec. 5, Ch. 473, L. 1983; amd. Sec. 5, Ch. 76, L. 1985.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-503. Permissible uses of state money

76-15-503. Permissible uses of state money.
All money allocated to a district by the department shall be available to the supervisors of the district for all administrative and other expenses of the district under this chapter and for all administrative and other expenses of the board of adjustment established or to be established by the district.
History: En. Sec. 15, Ch. 72, L. 1939; amd. Sec. 12, Ch. 431, L. 1971; amd. Sec. 95, Ch. 253, L. 1974; R.C.M. 1947, 76-115(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-504. Repealed

76-15-504. Repealed.
Sec. 8, Ch. 76, L. 1985.
History: En. Sec. 15, Ch. 72, L. 1939; amd. Sec. 12, Ch. 431, L. 1971; amd. Sec. 95, Ch. 253, L. 1974; R.C.M. 1947, 76-115(3).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-505. Authorization to borrow money -- limitations

76-15-505. Authorization to borrow money -- limitations.
(1) If, after the levy of the annual assessments for the current year, the board of supervisors finds that, because of some unusual or unforeseen cause, funds raised through the collection of the assessments and from other sources will not be sufficient for the proper maintenance and operation of the district and the works in the district, the board of supervisors may:
(a) borrow additional funds needed in an amount not to exceed 50 cents per acre for the lands within the district and may pledge the credit of the district for the payment of the funds; or
(b) request the county commissioners to issue and register warrants in anticipation of further collections.
(2) Subject to 15-10-420, the board of supervisors shall include in the levy for the ensuing year the amount required to pay the loan or to retire the warrants. The warrants may not exceed 90% of the assessment for the year.
History: En. Sec. 12, Ch. 291, L. 1969; R.C.M. 1947, 76-220; amd. Sec. 287, Ch. 418, L. 1995; amd. Sec. 196, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-506. Bonds authorized -- election

76-15-506. Bonds authorized -- election.
(1) Whenever a board of supervisors deems it necessary, it may issue bonds payable from revenues, assessments, or both, or the district may use other financing as provided for by this part and part 6 for the cost of works.
(2) The board of supervisors may call an election to be held in accordance with Title 13, chapter 1, part 5.
(3) If from the returns of the election it appears that the majority of votes cast at the election was in favor of and assented to the incurring of the indebtedness, then the board of supervisors may by resolution provide for the issuance of the bonds.
(4) The issuance of bonds must be carried out in accordance with 7-7-4426 and 7-7-4432 through 7-7-4435. The validity of the bonds, use of the bond revenue, and the refunding of the bonds must be done in accordance with the provisions of 7-7-4425, 7-7-4430, 7-7-4501(2) and (3), and 7-7-4502 through 7-7-4505.
(5) Any bonds issued under this part and part 6 have the same force, value, and use as bonds issued by a municipality and are exempt from taxation as property within the state of Montana.
History: En. Sec. 15, Ch. 291, L. 1969; amd. Sec. 19, Ch. 431, L. 1971; R.C.M. 1947, 76-223; amd. Sec. 394, Ch. 571, L. 1979; amd. Sec. 244, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-507. Investment of funds

76-15-507. Investment of funds.
The board of supervisors shall have the power and authority to direct the investment of funds in a debt service fund in interest-bearing securities whenever in their judgment the same may be to the best interests of the district. But all such securities shall be converted into cash in time to meet the principal on the bonds payable from such debt service fund promptly at their maturity.
History: En. Sec. 13, Ch. 291, L. 1969; R.C.M. 1947, 76-221; amd. Sec. 28, Ch. 298, L. 1983.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-508. Management of surplus funds

76-15-508. Management of surplus funds.
The board of supervisors of a conservation district may invest any surplus funds of the district not needed for immediate use in the operations of the district or its activities, to pay bonds or coupons, or to meet current expenses in interest-bearing bonds or securities of the United States or of any agency of the United States if the bonds are guaranteed by the United States or in bonds of the state of Montana or any county or municipal corporation in said state. The board of supervisors of said district may require any funds of the district to be deposited with such depository or bank as may be designated by the board and likewise shall have authority to require the treasurer of the district to take from such depository a bond with corporate surety to ensure payment of any such deposit or to require such depository to pledge securities of the same kind as the district is authorized to invest its funds in to ensure payment of any such deposit.
History: En. Sec. 14, Ch. 291, L. 1969; amd. Sec. 18, Ch. 431, L. 1971; R.C.M. 1947, 76-222; amd. Sec. 1, Ch. 135, L. 1991.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-511. Estimate of money to be raised by assessment

76-15-511. Estimate of money to be raised by assessment.
The supervisors of the district shall on or before the first Monday of July of each year furnish the board of county commissioners an estimate in writing of the amount of money to be raised by assessment which is needed for the next ensuing fiscal year.
History: En. Sec. 4, Ch. 253, L. 1963; amd. Sec. 2, Ch. 152, L. 1965; R.C.M. 1947, 76-204.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-512. Expenses to be covered by estimate

76-15-512. Expenses to be covered by estimate.
The total amount of the estimate shall be sufficient to raise the amount of money necessary during the ensuing year to pay the incidental expenses of the district and to fund a conservation practice loan program in those districts having elected to establish such a program.
History: En. Sec. 6, Ch. 253, L. 1963; amd. Sec. 5, Ch. 291, L. 1969; R.C.M. 1947, 76-206; amd. Sec. 19, Ch. 473, L. 1983.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-513. Division between counties of money to be raised by regular and special assessment

76-15-513. Division between counties of money to be raised by regular and special assessment.
(1) If the district lies in more than one county, the supervisors of the district shall divide the amount of the estimate of the regular assessment in the proportion to the value of the land in the district lying in each county. The value shall be determined from the last assessment rolls of the counties. The supervisors shall furnish the boards of county commissioners of each of the respective counties a statement of the part of the estimate apportioned to the county.
(2) The estimates of the special assessments shall be divided in proportion to the value of land lying within the project area.
History: En. Sec. 5, Ch. 253, L. 1963; amd. Sec. 4, Ch. 291, L. 1969; R.C.M. 1947, 76-205.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-514. Regular and special assessments

76-15-514. Regular and special assessments.
Assessments levied pursuant to this part and part 6 shall be known as regular and special assessments.
History: En. Sec. 7, Ch. 253, L. 1963; amd. Sec. 6, Ch. 291, L. 1969; R.C.M. 1947, 76-207.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-515. Regular assessment

76-15-515. Regular assessment.
The regular assessment in any 1 year is subject to 15-10-420. The valuation must be determined according to the last assessment roll.
History: En. Sec. 8, Ch. 253, L. 1963; amd. Sec. 3, Ch. 152, L. 1965; amd. Sec. 7, Ch. 291, L. 1969; amd. Sec. 15, Ch. 431, L. 1971; R.C.M. 1947, 76-208; amd. Sec. 6, Ch. 473, L. 1983; amd. Sec. 3, Ch. 573, L. 1993; amd. Sec. 1, Ch. 36, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-516. Levy of regular and special assessments

76-15-516. Levy of regular and special assessments.
(1) Subject to 15-10-420, the board of county commissioners of each county in which any portion of the district lies may, annually at the time of levying county taxes, levy an assessment on the taxable real property within the district. The levy must be known as the ".... (name of district) conservation district regular assessment" and must be sufficient to raise the amount reported to the county commissioners in the estimate of the supervisors.
(2) Subject to the conditions of 15-10-420, 76-15-531, and 76-15-532, the board of county commissioners of each county in which any portion of the district lies may, annually at the time of levying county taxes, levy an assessment on the taxable real property within the district. The levy must be known as the ".... (name of district) conservation district special administrative assessment" and must be sufficient to raise the amount reported to the county commissioners in the estimate of the supervisors.
(3) Subject to 15-10-420, the board of county commissioners of each county in which any portion of a project area lies may, annually at the time of levying county taxes, levy an assessment on the taxable value of all taxable property located within the project area. The levy must be known as ".... (name of the project area) special assessment" and must be sufficient to raise the amount reported to the county commissioners in the estimate of the supervisors.
History: En. Sec. 9, Ch. 253, L. 1963; amd. Sec. 4, Ch. 152, L. 1965; amd. Sec. 8, Ch. 291, L. 1969; amd. Sec. 16, Ch. 431, L. 1971; R.C.M. 1947, 76-209; amd. Sec. 7, Ch. 473, L. 1983; amd. Sec. 4, Ch. 573, L. 1993; amd. Sec. 147, Ch. 584, L. 1999; amd. Sec. 197, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-517. Repealed

76-15-517. Repealed.
Sec. 2, Ch. 71, L. 2017.
History: En. Sec. 10, Ch. 253, L. 1963; amd. Sec. 5, Ch. 152, L. 1965; amd. Sec. 9, Ch. 291, L. 1969; amd. Sec. 17, Ch. 431, L. 1971; R.C.M. 1947, 76-210; amd. Sec. 8, Ch. 473, L. 1983.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-518. Certification of assessment to department of revenue -- entry on property tax record

76-15-518. Certification of assessment to department of revenue -- entry on property tax record.
Subject to 15-10-420, the board of county commissioners of each county in which any portion of the district is situated may levy the assessment provided in part 6 or this part. The assessment must be certified to the department of revenue and entered on the property tax record of each county.
History: En. Sec. 11, Ch. 253, L. 1963; R.C.M. 1947, 76-211; amd. Sec. 139, Ch. 27, Sp. L. November 1993; amd. Sec. 148, Ch. 584, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-519. Application of general law on levy and collection

76-15-519. Application of general law on levy and collection.
The provisions of law relating to the levy and collection of county taxes and the duties of county officers with respect thereto, insofar as they are applicable and not in conflict with this part and part 6, are hereby adopted and made a part hereof.
History: En. Sec. 12, Ch. 253, L. 1963; R.C.M. 1947, 76-212(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-520. Liability of county officers

76-15-520. Liability of county officers.
The county officers referred to in 76-15-519 are liable on their several official bonds for the faithful discharge of their duties under this part and part 6.
History: En. Sec. 12, Ch. 253, L. 1963; R.C.M. 1947, 76-212(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-521. Principal county defined

76-15-521. Principal county defined.
"Principal county" as used in this part means the county in which all or the greatest portion of the land of a district is situated. The principal county remains the same regardless of any change in boundaries.
History: En. Sec. 13, Ch. 253, L. 1963; R.C.M. 1947, 76-213.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-522. Settlements by county treasurers other than of principal county

76-15-522. Settlements by county treasurers other than of principal county.
The treasurers of each of the counties other than the principal county shall, not less than twice a year or upon order of the supervisors of the district, settle with such supervisors and pay to the treasurer of the principal county all money belonging to the district and in their possession.
History: En. Sec. 14, Ch. 253, L. 1963; R.C.M. 1947, 76-214.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-523. Depository of district funds

76-15-523. Depository of district funds.
The treasury of the principal county is the depository of all of the county tax funds of the district. The district may receive upon demand all or a portion of the district funds from the county treasury and deposit the funds in a bank or financial institution in such account as the board of supervisors considers appropriate for the operation and administration of the district.
History: En. Sec. 15, Ch. 253, L. 1963; amd. Sec. 10, Ch. 291, L. 1969; R.C.M. 1947, 76-215; amd. Sec. 9, Ch. 473, L. 1983.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-524. Receipt and crediting of district funds -- responsibility on bond

76-15-524. Receipt and crediting of district funds -- responsibility on bond.
The treasurer of the principal county shall receive and receipt for all county tax money of the district and for conservation practice loan repayments, including principal, interest, if any, administrative fees or charges for loans, and interest paid and collected on deposits or investments under a conservation practice loan program and place the same to the credit of the district. The treasurer is responsible for the official bond and for its safekeeping and disbursement, in the manner provided in this part and part 6, of the money of the district held by the treasurer.
History: En. Sec. 16, Ch. 253, L. 1963; amd. Sec. 11, Ch. 291, L. 1969; R.C.M. 1947, 76-216; amd. Sec. 20, Ch. 473, L. 1983; amd. Sec. 1, Ch. 141, L. 1997.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-525. Payment of district money -- warrants

76-15-525. Payment of district money -- warrants.
The treasurer of the principal county shall pay out money of the district only upon warrants of the county auditor or, in those counties not having an auditor, the county clerk and recorder, drawn upon order of the supervisors of the district and signed by at least two of such supervisors.
History: En. Sec. 17, Ch. 253, L. 1963; R.C.M. 1947, 76-217.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-526. Treasurer's reports

76-15-526. Treasurer's reports.
The treasurer shall report in writing at each regular meeting of the supervisors and as often at other times as the supervisors may request the amount of money on hand and the receipts and disbursements since the treasurer's last report. The report must be verified.
History: En. Sec. 18, Ch. 253, L. 1963; R.C.M. 1947, 76-218; amd. Sec. 2529, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-527. Purpose of expenditures

76-15-527. Purpose of expenditures.
All money collected under 76-15-511 through 76-15-516, 76-15-518 through 76-15-526, 76-15-531, and 76-15-532 must be expended for the purposes provided in Title 76, chapter 15.
History: En. Sec. 19, Ch. 253, L. 1963; R.C.M. 1947, 76-219; amd. Sec. 21, Ch. 473, L. 1983; amd. Sec. 5, Ch. 573, L. 1993; amd. Sec. 1, Ch. 71, L. 2017.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-528. Lien for special assessments

76-15-528. Lien for special assessments.
Any special assessment made and levied to defray the cost and expenses of any of the work enumerated in this chapter, together with any percentages imposed for delinquency and for cost of collection, shall constitute a lien against the property upon which such assessment is levied from the date on which such assessment is levied. This lien can only be extinguished by payment of such assessment with all penalties, costs, and interest.
History: En. Sec. 23, Ch. 291, L. 1969; R.C.M. 1947, 76-231; amd. Sec. 19, Ch. 266, L. 1979.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-529. Assessments unaffected by misnomers and mistakes relating to ownership

76-15-529. Assessments unaffected by misnomers and mistakes relating to ownership.
When under the provisions of this part and part 6 special taxes and assessments are assessed against any lot or parcel of land as the property of a particular person, no misnomer of the owner or supposed owner or other mistake relating to the ownership thereof shall affect such assessment or render it void or voidable.
History: En. Sec. 24, Ch. 291, L. 1969; R.C.M. 1947, 76-232.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-530. Conservation district appropriations -- administration

76-15-530. Conservation district appropriations -- administration.
(1) The state treasurer shall draw warrants payable from appropriations of allocations authorized as provided under 15-35-108 on order from the department.
(2) The department shall administer the conservation district appropriations referred to in subsection (1). The money must be distributed to the conservation districts on the basis of need. A conservation district may submit an application to the department for a grant of funds for purposes that conservation districts are authorized to perform.
(3) A conservation district is not eligible to receive a grant unless it has exhausted its authorized mill levies.
(4) The department may adopt rules implementing this section that provide for the form and content of applications and the criteria, terms, and conditions for making grants.
History: En. Sec. 2, Ch. 479, L. 1981; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 288, Ch. 418, L. 1995; amd. Sec. 67, Ch. 509, L. 1995.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-531. Special administrative assessment permitted -- voter approval

76-15-531. Special administrative assessment permitted -- voter approval.
(1) (a) In addition to the levy authorized in 76-15-515 and 76-15-516(3), the supervisors of a conservation district may levy an annual special administrative assessment for administrative costs and expenses of the district if the qualified electors of the district approve the imposition of the additional assessment at an election held as provided in 15-10-425.
(b) Nonmill-levy revenue that is distributed based on the relative proportion of mill levies may not be distributed to the special administrative assessment.
(2) The special administrative assessment question may be presented to the qualified electors of the district by resolution of the supervisors.
(3) If the conservation district is located in more than one county, the special administrative assessment question must be presented to and approved by the qualified electors who reside in the district from each county.
(4) The resolution referring the special administrative assessment question must state:
(a) the rate of the assessment;
(b) the amount of money anticipated to be raised by the assessment; and
(c) the purposes for which the special administrative assessment revenue may be used.
History: En. Sec. 1, Ch. 573, L. 1993; amd. Sec. 32, Ch. 495, L. 2001; amd. Sec. 198, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-532. Limitations -- reduction or repeal of special administrative assessment

76-15-532. Limitations -- reduction or repeal of special administrative assessment.
(1) In each year following the approval of the special administrative assessment as provided in 76-15-531, the rate of the levy imposed for the special administrative assessment may not raise more revenue than was proposed in the resolution and approved by the qualified electors of the district.
(2) If the supervisors of the district reduce the amount of the special administrative assessment, they may not raise the assessment without the approval of the qualified electors of the district.
(3) On or before the second Monday in July, a petition, signed by at least 50% of the eligible voters within the district, calling for a reduction in or the repeal of the special administrative assessment for the ensuing fiscal year may be presented to the supervisors. Following verification of the signatures on the petition, the supervisors shall reduce or repeal the administrative assessment as specified in the petition.
History: En. Sec. 2, Ch. 573, L. 1993.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-541. Conservation practice loan program -- definition

76-15-541. Conservation practice loan program -- definition.
(1) A conservation district may establish and administer a conservation practice loan program pursuant to 76-15-541 through 76-15-547.
(2) A conservation practice loan may be made to a land occupier who is an agriculture producer within the exterior boundaries of the district. The conservation practice must be constructed, operated, developed, and maintained within the district.
(3) A conservation practice is the construction, operation, development, or maintenance of an erosion control and prevention operation, a work of improvement for flood prevention, and the conservation, development, use, and disposal of water within a district in furtherance of the purposes and policies of this chapter. Conservation practices include those practices pertaining to acceptable land use conversion as determined by a majority of the district supervisors with the advice of the United States natural resources conservation service.
History: En. Sec. 11, Ch. 473, L. 1983; amd. Sec. 281, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-542. Conservation practice loan account

76-15-542. Conservation practice loan account.
(1) The supervisors of a district may allocate a portion of the regular assessment for each fiscal year to a segregated and separate conservation practice loan account within the treasury of the principal county for the purpose of providing funds for conservation practice loans.
(2) Conservation practice loan repayments, including principal, interest, if any, and administrative fees or charges for loans must be deposited in the conservation practice loan account. Interest earned from deposits or investment of funds must be credited to the conservation practice loan account unless the district directs the county treasurer to deposit the interest earned into the conservation district general operating account.
(3) The funds in the conservation practice loan account may be used for conservation practice loans and for the administrative expenses of a conservation practice loan program. Interest paid and collected on the deposits or investments of a conservation practice loan account may be used for the general operations of a conservation district.
History: En. Sec. 12, Ch. 473, L. 1983; amd. Sec. 2, Ch. 141, L. 1997.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-543. Application for loan

76-15-543. Application for loan.
(1) An application for a loan must be in the form prescribed by the district supervisors and contain or be accompanied by any information necessary to adequately describe the proposed conservation practice and necessary for evaluation of the proposed conservation practice under the criteria contained in 76-15-544 and 76-15-545.
(2) The application must include a conservation plan, which may be prepared in consultation with the United States natural resources conservation service.
History: En. Sec. 13, Ch. 473, L. 1983; amd. Sec. 282, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-544. Eligibility for loan

76-15-544. Eligibility for loan.
A district may award a loan to a land occupier to finance a conservation practice only if a majority of the district supervisors find, based on the application and the supervisors' investigation and evaluation of the proposal, that:
(1) the conservation practice will be economically feasible;
(2) the conservation practice will comply with statutory and regulatory standards protecting the quality of resources such as air, water, land, fish, wildlife, and recreational opportunities;
(3) the applicant has adequate financial resources to construct, operate, develop, and maintain the conservation practice; and
(4) the applicant is credit-worthy and is able and willing to enter into a contract with the district for loan repayment and for construction, operation, development, and maintenance of the proposed conservation practice.
History: En. Sec. 14, Ch. 473, L. 1983.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-545. Criteria for evaluation of loan applicants -- preferences

76-15-545. Criteria for evaluation of loan applicants -- preferences.
(1) The district supervisors shall apply the following criteria in ranking applications for a conservation practice loan that is eligible for funding under 76-15-544:
(a) the extent and desirability of the conservation need and resource benefit as determined in the district's annual and long-range plans;
(b) the feasibility and practicality of the project;
(c) the number of related resources that will benefit, including but not limited to water quality, wildlife habitat, and recreation;
(d) the extent and desirability of associated public benefits in addition to any private benefits the project or activity may provide; and
(e) any other factor that, in the district supervisors' judgment, is important to the evaluation of the conservation practice in light of the purposes, policies, and objectives of this chapter.
(2) Among applications for a loan in which the proposed conservation practices are substantially equal in ranking under subsection (1), a district shall give preference to:
(a) applicants who have not previously received a conservation practice loan; and
(b) applications for a group or cooperative conservation practice.
History: En. Sec. 15, Ch. 473, L. 1983.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-546. Terms and conditions of loan

76-15-546. Terms and conditions of loan.
A conservation practice loan is subject to the following terms and conditions:
(1) The district shall obtain a security interest in real estate that would be obtained by a reasonable, careful, and prudent lender.
(2) The term of the loan may not be greater than the life of the project and may not exceed 30 years.
(3) A current appraisal of real estate offered as security and a commitment for title insurance on that land must be secured by the borrower at the borrower's expense. All costs incident to the loan and loan closing must be paid by the borrower.
(4) A conservation practice must be completed according to United States natural resources conservation service standards and specifications, if applicable.
History: En. Sec. 16, Ch. 473, L. 1983; amd. Sec. 283, Ch. 42, L. 1997; amd. Sec. 3, Ch. 141, L. 1997.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 5. Financial Aspects of Conservation Districts Loan Program › 76-15-547. Rules for loan program

76-15-547. Rules for loan program.
The district shall adopt rules:
(1) prescribing the form and content of applications for loans and plans for the resource conservation practice;
(2) governing the application of the criteria and preferences for awarding loans;
(3) providing for the servicing of loans, including arrangements for obtaining security interests and the establishment of reasonable fees or charges;
(4) providing for the confidentiality of financial statements submitted;
(5) prescribing the conditions for making loans;
(6) establishing the interest rate, if any, for the loans; and
(7) determining the type and amount of security interest in real estate that will be accepted and any conditions to be made upon the security interest.
History: En. Sec. 17, Ch. 473, L. 1983; amd. Sec. 4, Ch. 141, L. 1997.