reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 1. Creation of Districts › 85-8-101. Petition for creation of district

85-8-101. Petition for creation of district.
(1) Whenever a majority of the owners of lands within any district of land who shall represent one-third in area of the land within said district to be reclaimed or benefited or whenever the owners of more than one-half of the lands within such district desire to construct one or more drains, ditches, levees, waste ditches, or other works across the lands of others or to straighten, widen, deepen, or otherwise alter any natural stream or watercourse not navigable, for the promotion of the public health or welfare and the drainage of the lands and removal of surface waters therefrom; or desire to maintain and keep in repair any such drain, ditch, or levee heretofore constructed under any law of this state, such owners may file, in the district court of any county in which the lands or any part of them shall lie, a petition setting forth:
(a) the proposed name of the drainage district;
(b) the necessity of the proposed work;
(c) a general description of the proposed starting points, routes, and termini of the proposed drain, ditches, and levees;
(d) a general description of the lands proposed to be included in the district;
(e) the names of the owners of all lands in the district, when known.
(2) If the purpose of the petitioners is the enlargement, repair, and maintenance of a ditch, levee, or other work heretofore constructed under any law of this state, the petition shall give a general description of the same, with such particulars as are considered important. The petition shall pray for the organization of a drainage district by the name and with the boundaries proposed and for the appointment of commissioners for the execution of such proposed work, according to the provisions of this and the following sections.
(3) (a) Any lands, the title to which is in the state and which are within the boundaries of any drainage district heretofore created or which may be hereafter created, may be included in any such drainage district in the same manner as is by law provided for adding other lands to drainage districts whenever it is found necessary to include lands in drainage districts as provided by the preceding subsections.
(b) All copies of petitions or notices required by law to be served on account of such lands being included in such drainage districts shall be served on the president of the board having control of such lands in the same manner as is hereinafter provided for the service of petitions and notices on other owners of lands in the district in which said lands are situated.
History: En. Sec. 1, Ch. 129, L. 1921; re-en. Sec. 7265, R.C.M. 1921; re-en. Sec. 7265, R.C.M. 1935; R.C.M. 1947, 89-2201; amd. Sec. 7, Ch. 326, L. 1979.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 1. Creation of Districts › 85-8-102. Amendment and circulation of petition -- court consideration

85-8-102. Amendment and circulation of petition -- court consideration.
No petition having as many signers as are required by 85-8-101 may be declared void, but the court may at any time permit the petition to be amended in form and substance to conform to the facts, if the facts justify the organization of a drainage district. Several similar petitions for the organization of the same district may be circulated and, when filed, together shall be regarded as one petition having as many signers as there are separate signers on the several filed petitions who own lands within the proposed drainage district. All petitions for the organization of the district filed prior to the hearing on the petition shall be considered by the court the same as if filed with the first petitions placed on file, and the signatures thereon shall be counted in determining whether sufficient landowners have signed the petition.
History: En. Sec. 2, Ch. 129, L. 1921; re-en. Sec. 7266, R.C.M. 1921; re-en. Sec. 7266, R.C.M. 1935; amd. Sec. 40, Ch. 460, L. 1977; R.C.M. 1947, 89-2203; amd. Sec. 8, Ch. 326, L. 1979.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 1. Creation of Districts › 85-8-103. Territory to be included

85-8-103. Territory to be included.
Said territory need not be contiguous, provided that it be so situated that the public health or welfare will be promoted by such drainage of each part thereof, the benefits of the proposed work in each part will exceed the damages from the costs of said proposed work in each part, and the court shall be satisfied that said proposed work can be more cheaply done if in a single district than otherwise.
History: En. Sec. 3, Ch. 129, L. 1921; re-en. Sec. 7267, R.C.M. 1921; re-en. Sec. 7267, R.C.M. 1935; R.C.M. 1947, 89-2204.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 1. Creation of Districts › 85-8-111. Notice of hearing

85-8-111. Notice of hearing.
(1) On the filing of a petition under 85-8-101, the court or judge shall make an order fixing a time and place of hearing on the petition and ordering notice. The clerk of court for the county in which the proceedings are instituted shall cause 20 days' notice of the filing of the petition to be given:
(a) by posting notice in at least five of the most public places in the proposed district in which the work is to be done;
(b) by serving or causing to be served a copy of the notice on each owner of land within the proposed district residing in any county in which any lands in the proposed district are situated, either personally or by leaving a copy of the notice at the owner's last usual place of residence with a person of suitable age and discretion, to whom its contents must be explained; and
(c) by publishing a copy at least once a week for 3 successive weeks in some newspaper published in each county from which any part of the district is proposed to be taken. If there is no newspaper in any county, the notice may be published in a newspaper published in an adjoining county.
(2) The notice must:
(a) state in what court the petition is filed;
(b) state briefly the starting points, routes, and termini of drains, ditches, and levees;
(c) give a general description of the proposed work;
(d) give the proposed boundaries of the district or a general description of all the lands in the proposed district;
(e) give the name proposed for the drainage district; and
(f) state the time and place fixed by the court when and where the petitioners will request a hearing on the petition.
History: En. Sec. 4, Ch. 129, L. 1921; re-en. Sec. 7268, R.C.M. 1921; re-en. Sec. 7268, R.C.M. 1935; R.C.M. 1947, 89-2205; amd. Sec. 2802, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 1. Creation of Districts › 85-8-112. Affidavit in case of nonresident petitioners

85-8-112. Affidavit in case of nonresident petitioners.
If any of the owners of land in said district are nonresidents of the county or counties in which the proposed district lies, the petition shall be accompanied by an affidavit giving the names and post-office addresses of such nonresidents, if such are known, and if unknown, shall state that upon diligent inquiry their names or post-office addresses (whichever may be the fact) cannot be ascertained. The clerk of the court shall mail a copy of the notice aforesaid to each of said nonresident owners whose post-office address is known, within 6 days after the first publication of the same.
History: En. Sec. 5, Ch. 129, L. 1921; re-en. Sec. 7269, R.C.M. 1921; re-en. Sec. 7269, R.C.M. 1935; R.C.M. 1947, 89-2206.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 1. Creation of Districts › 85-8-113. Proof of service and publication

85-8-113. Proof of service and publication.
The certificate of the clerk of the court or other public officer or the affidavit of any other person who knows the facts, affixed to a copy of said notice, shall be sufficient evidence of the posting, serving, mailing, or publication thereof.
History: En. Sec. 6, Ch. 129, L. 1921; re-en. Sec. 7270, R.C.M. 1921; re-en. Sec. 7270, R.C.M. 1935; R.C.M. 1947, 89-2207.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 1. Creation of Districts › 85-8-114. Personal service of notice to confer jurisdiction

85-8-114. Personal service of notice to confer jurisdiction.
Personal service of such notice on (or service by leaving at the last usual place of abode of) all owners of lands or easements or interest in lands within said district shall give the court complete jurisdiction, without posting, publication, or mailing of said notice.
History: En. Sec. 7, Ch. 129, L. 1921; re-en. Sec. 7271, R.C.M. 1921; re-en. Sec. 7271, R.C.M. 1935; R.C.M. 1947, 89-2208.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 1. Creation of Districts › 85-8-115. Insufficient service

85-8-115. Insufficient service.
(1) If it is found, before the hearing on a petition for the organization of a drainage district, that one or more owners of land in the proposed district have not been served with notice of hearing on the petition, the court or presiding judge does not lose jurisdiction. The court or presiding judge in that case shall adjourn the hearing, make an order directing the serving of the notice upon the landowner or landowners, and fix the time and manner of service of the notice, which must notify the landowner or landowners to appear at the adjourned time and place and be heard on the petition.
(2) The notice must be served personally or by leaving the notice at the last usual place of residence of the unserved owners as provided in 85-8-111, not less than 8 days before the adjourned hearing, or must be published, not less than 14 days before the adjourned hearing, in some newspaper published in the county in which the owners' lands lie or, if a newspaper is not published in that county, then in some newspaper published in an adjoining county.
History: En. Secs. 8, 9, Ch. 129, L. 1921; re-en. Secs. 7272, 7273, R.C.M. 1921; re-en. Secs. 7272, 7273, R.C.M. 1935; R.C.M. 1947, 89-2209, 89-2210; amd. Sec. 2803, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 1. Creation of Districts › 85-8-116. Procedure on adjourned day

85-8-116. Procedure on adjourned day.
Upon the adjourned day the same proceedings, adjournments, trial findings, and orders may be had as in case of complete service of notice in the first instance. In case of failure to mail said notice as herein required, the court or judge may order the same mailed later and shall adjourn said hearing so that said notice shall be mailed at least 14 days before said adjourned hearing. In case of failure to publish or post notice as required in this part, the court or judge may adjourn said hearing for sufficient time to permit the due posting and publication of said notice and order said notice posted or published as directed in 85-8-111. In case of adjournment to permit notice to be given, the notice shall state the fact of such adjournment and the time and place of hearing pursuant to said adjournment.
History: En. Sec. 10, Ch. 129, L. 1921; re-en. Sec. 7274, R.C.M. 1921; re-en. Sec. 7274, R.C.M. 1935; R.C.M. 1947, 89-2211.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 1. Creation of Districts › 85-8-117. Contest by landowners

85-8-117. Contest by landowners.
(1) On the day fixed for hearing on such petition, all parties owning lands or any interest or easement in land within said proposed district or who would be affected thereby may appear and contest:
(a) the sufficiency of the petition;
(b) the sufficiency of the signers of the petition;
(c) the sufficiency of the notice;
(d) the constitutionality of the law; and
(e) the jurisdiction of the court, specifying their objections to such jurisdiction.
(2) The petitioners and contestants may, on the trial, offer any competent evidence in regard thereto. All notices of contest shall be in writing and shall clearly specify the grounds of contest.
History: En. Sec. 11, Ch. 129, L. 1921; re-en. Sec. 7275, R.C.M. 1921; re-en. Sec. 7275, R.C.M. 1935; R.C.M. 1947, 89-2212.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 1. Creation of Districts › 85-8-118. Determination of sufficiency of petition

85-8-118. Determination of sufficiency of petition.
The court shall hear and determine whether or not the petition contains the signatures of a majority of the owners of lands within the proposed district who are of lawful age and who represent one-third in area of the lands proposed to be affected by said work or the signatures of the owners of more than one-half of such lands and shall determine all questions of law arising on said contest. The district court in which such petition shall be filed or the judge thereof may adjourn the hearing on the petition from time to time for want of sufficient notice, to give time to prepare for trial, or for other good cause.
History: En. Sec. 12, Ch. 129, L. 1921; re-en. Sec. 7276, R.C.M. 1921; re-en. Sec. 7276, R.C.M. 1935; R.C.M. 1947, 89-2213; amd. Sec. 9, Ch. 326, L. 1979.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 1. Creation of Districts › 85-8-119. Receiving affidavits on question of petition sufficiency

85-8-119. Receiving affidavits on question of petition sufficiency.
The affidavits of any 10 or more of the signers of the petition, stating that they have examined the petition and are acquainted with the locality of the district and that the petition is signed by a sufficient number of owners of lands in the district to satisfy 85-8-101, may be taken by the court or judge as prima facie evidence of the facts stated in the petition. The affidavit of any petitioner or other landowner before the court or represented before the court asserting the petitioner's or landowner's ownership of lands in the district, properly described, is sufficient evidence to the court of those facts.
History: En. Sec. 13, Ch. 129, L. 1921; re-en. Sec. 7277, R.C.M. 1921; re-en. Sec. 7277, R.C.M. 1935; R.C.M. 1947, 89-2214; amd. Sec. 10, Ch. 326, L. 1979; amd. Sec. 2804, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 1. Creation of Districts › 85-8-120. Fraudulent deeds

85-8-120. Fraudulent deeds.
All deeds made for the purpose of establishing or defeating the prayer of said petition and not made in good faith and for a valuable consideration shall be taken and held to be a fraud, and the holders thereof shall not be considered as the owners of the lands described therein.
History: En. Sec. 14, Ch. 129, L. 1921; re-en. Sec. 7278, R.C.M. 1921; re-en. Sec. 7278, R.C.M. 1935; R.C.M. 1947, 89-2215.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 1. Creation of Districts › 85-8-121. Court determination

85-8-121. Court determination.
(1) If the court or presiding judge, after hearing any and all competent evidence that may be offered for and against the petition for the creation of the district, finds that the petition has not been signed as required in this part, the petition must be dismissed at the cost of the petitioners and judgment must be entered against the petitioners for the amount of the costs.
(2) If it appears that the petition has been signed as required in this part, the court or judge shall so find and order any necessary amendments to the petition, shall divide the district into three divisions, as nearly equal in area as possible, and shall appoint three suitable and competent persons as commissioners and fix their temporary bonds. One commissioner must be appointed from each division, and each person appointed must be an actual landowner and resident of the county or counties in the division for which the person is appointed. If the district is situated in two or more counties, not more than two of the commissioners may reside in one of the counties. Ownership of land within the district may not disqualify a person from acting as a commissioner.
History: (1)En. Sec. 15, Ch. 129, L. 1921; re-en. Sec. 7279, R.C.M. 1921; re-en. Sec. 7279, R.C.M. 1935; Sec. 89-2216, R.C.M. 1947; (2)En. Sec. 16, Ch. 129, L. 1921; re-en. Sec. 7280, R.C.M. 1921; amd. Sec. 1, Ch. 50, L. 1925; re-en. Sec. 7280, R.C.M. 1935; Sec. 89-2217, R.C.M. 1947; R.C.M. 1947, 89-2216, 89-2217(part); amd. Sec. 2805, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 2. Dissolution of Districts › 85-8-201. Dissolution of districts

85-8-201. Dissolution of districts.
Whenever the owners of more than one-half of the lands within any drainage district organized under the provisions of this chapter shall present to the district court having jurisdiction of the drainage district a petition signed by them, praying that such drainage district be dissolved, the judge of the court shall cause notice of such petition, together with a copy of the petition, to be served upon the commissioners of the district, directing them to show cause on a day certain, not less than 15 or more than 30 days from the date of the filing of the petition, why the petition should not be granted. The judge, at the time of receiving the petition, shall make an order forbidding the commissioners from incurring any further expense or proceeding with the work of constructing a drain. On the day of hearing the court shall hear the same, and if it appears that the owners of more than one-half of the lands in the drainage district have signed the petition, it shall be granted. Thereupon, the court shall make an order directing the commissioners to file a written report, under oath, setting forth the amount of the debts and obligations of the drainage district. Within 30 days after such report is filed, the court shall cause an assessment to be levied against all lands in the district on the basis of the final report of the commissioners, as confirmed by the court, and if no final report has been made, then on an area basis. The court shall also enter judgment dissolving the district and authorize the commissioners to settle the business of the district on the basis of the final report of the commissioners or on the area basis as confirmed by this court, the commissioners to render their services for same without pay.
History: En. Sec. 7265-A by Sec. 1, Ch. 46, L. 1925; re-en. Sec. 7265.1, R.C.M. 1935; R.C.M. 1947, 89-2202; amd. Sec. 11, Ch. 326, L. 1979.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-301. Term of commissioners at creation of district

85-8-301. Term of commissioners at creation of district.
On the creation of a district the commissioners appointed by the judge or court shall hold office until the first Tuesday in May following their appointment and until their successors are elected. When a district is in existence on March 1, 1921, and thereafter an order is made dividing such district into divisions, the terms of office of such commissioners shall cease with the Monday immediately preceding the first Tuesday in May next following.
History: En. Sec. 18, Ch. 129, L. 1921; re-en. Sec. 7282, R.C.M. 1921; amd. Sec. 2, Ch. 50, L. 1925; re-en. Sec. 7282, R.C.M. 1935; R.C.M. 1947, 89-2301.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-302. Election of commissioners -- regular term of office

85-8-302. Election of commissioners -- regular term of office.
(1) Except as provided in 13-1-502(4), the election of commissioners must be held annually and conducted in accordance with Title 13, chapter 1, part 5. The term of office of commissioners shall commence on the day of their election.
(2) (a) At the first primary or general election following the organization of a district and in districts organized and in existence on March 1, 1921, and that, on petition, have been divided into divisions, three commissioners must be elected, with one commissioner being elected from each division.
(b) A commissioner must be an actual landowner in the division in which the commissioner is elected.
(c) One of the commissioners, to be determined by lot, shall hold office for 1 year; another of the commissioners, to be determined by lot, shall hold office for 2 years; and the third commissioner shall hold office for 3 years.
(3) After the election of the initial commissioners, one commissioner must be elected each year. Commissioners elected after the initial election shall hold office for a term of 3 years. The person elected as a commissioner in each year to succeed the commissioner whose term is then expiring must be elected as a commissioner from the same division as the commissioner whose term expires.
(4) Each commissioner must be a resident of a county where a portion of the district lands is situated.
History: En. Sec. 19, Ch. 129, L. 1921; re-en. Sec. 7283, R.C.M. 1921; amd. Sec. 3, Ch. 50, L. 1925; re-en. Sec. 7283, R.C.M. 1935; amd. Sec. 41, Ch. 460, L. 1977; R.C.M. 1947, 89-2302; amd. Sec. 400, Ch. 571, L. 1979; amd. Sec. 11, Ch. 27, L. 1981; amd. Sec. 1, Ch. 349, L. 2003; amd. Sec. 251, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-303. Repealed

85-8-303. Repealed.
Sec. 15, Ch. 27, L. 1981.
History: En. Sec. 7283A by Sec. 4, Ch. 50, L. 1925; re-en. Sec. 7283.1, R.C.M. 1935; R.C.M. 1947, 89-2303; amd. Sec. 401, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-304. Results of election

85-8-304. Results of election.
The secretary of the board of commissioners shall enter the result of the election in the minutes of the board and file with the clerk of the district court creating the district a statement showing the names of the persons elected as commissioners, the names of the commissioners whose term will expire on the first Tuesday in May following, and the names of all of the persons who will compose the board of commissioners for the year next following the first Tuesday in May.
History: En. Sec. 7283B by Sec. 4, Ch. 50, L. 1925; re-en. Sec. 7283.2, R.C.M. 1935; R.C.M. 1947, 89-2304; amd. Sec. 1, Ch. 171, L. 1979; amd. Sec. 402, Ch. 571, L. 1979; amd. Sec. 12, Ch. 27, L. 1981.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-305. Qualifications of electors

85-8-305. Qualifications of electors.
(1) At all such elections, except as herein otherwise expressly provided, the following persons holding title or evidence of title to lands within the district shall be entitled to vote:
(a) all of the persons having the qualifications of electors under the constitution and general laws of the state;
(b) guardians, administrators, executors, and trustees residing in the state;
(c) domestic corporations by their duly authorized agents.
(2) In all elections each elector shall be permitted to cast one vote for each 40 acres of land or major fraction thereof in the district owned by such elector, but any elector owning 20 acres or less shall be entitled to one vote.
History: En. Sec. 7283C by Sec. 4, Ch. 50, L. 1925; re-en. Sec. 7283.3, R.C.M. 1935; R.C.M. 1947, 89-2305.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-306. Commissioner candidate filing

85-8-306. Commissioner candidate filing.
A person eligible to vote in the district may file a declaration of candidacy for the office of commissioner within the time period specified in 13-1-502. If a write-in candidate has filed pursuant to 13-1-502, the elector may write on the ballots the name or names of the persons for whom they desire to vote.
History: En. Sec. 7283D by Sec. 4, Ch. 50, L. 1925; re-en. Sec. 7283.4, R.C.M. 1935; R.C.M. 1947, 89-2306; amd. Sec. 403, Ch. 571, L. 1979; amd. Sec. 13, Ch. 27, L. 1981; amd. Sec. 41, Ch. 250, L. 1985; amd. Sec. 252, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-307. Vacancies

85-8-307. Vacancies.
If a vacancy occurs on the board of commissioners, the remaining members of the board shall elect some qualified elector to fill the vacancy, and the person elected holds office for the unexpired term and until a successor is elected and qualified. The person appointed must be appointed as a commissioner for the division in which the vacancy exists. If there is a vacancy or vacancies on the board of commissioners by reason of no appointment being made, due to the failure of the remaining members of the board to act or on account of no election being held, the judge of the court having jurisdiction over the drainage district shall, upon the receipt of a petition signed by 10% of the resident owners of land in the district, appoint to the vacancy or vacancies the person that the petition may designate.
History: En. Sec. 20, Ch. 129, L. 1921; re-en. Sec. 7284, R.C.M. 1921; amd. Sec. 5, Ch. 50, L. 1925; amd. Sec. 1, Ch. 169, L. 1929; re-en. Sec. 7284, R.C.M. 1935; R.C.M. 1947, 89-2307; amd. Sec. 2806, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-308. Oath and bond of commissioners -- quorum

85-8-308. Oath and bond of commissioners -- quorum.
(1) Before entering upon their duties, the commissioners shall:
(a) take and subscribe an oath to support The Constitution of the United States and The Constitution of the State of Montana, to faithfully and impartially discharge their duties as commissioners, and to render a true account of their doings to the court by which they are appointed whenever required by law or the order of the court; and
(b) execute a bond running to the clerk of court and the clerk's successors in office as obligees, to be filed with the clerk for the benefit of the parties interested, in an amount to be fixed by the court or presiding judge and with sureties to be approved by the court or presiding judge, conditioned for the faithful discharge of their duties as commissioners and the faithful accounting for and application of all money that comes into their hands as commissioners.
(2) A majority shall constitute a quorum, and a concurrence of a majority in any matter within their duties is sufficient to its determination.
History: En. Sec. 17, Ch. 129, L. 1921; re-en. Sec. 7281, R.C.M. 1921; re-en. Sec. 7281, R.C.M. 1935; R.C.M. 1947, 89-2218; amd. Sec. 2807, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-311. Record and vouchers

85-8-311. Record and vouchers.
The commissioners shall keep an accurate record of all moneys collected on account of the work under their charge and of all payments made by them; shall take vouchers for such payments; and shall keep full, accurate, and true minutes of all their proceedings.
History: En. Sec. 21, Ch. 129, L. 1921; re-en. Sec. 7285, R.C.M. 1921; re-en. Sec. 7285, R.C.M. 1935; R.C.M. 1947, 89-2308.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-312. Custody of funds

85-8-312. Custody of funds.
The county treasurer of the county in which the court having jurisdiction of the district is located is the custodian of all funds belonging to the district, and the treasurer shall pay out the funds upon warrants drawn by the board of commissioners of the district, except that the bonds of the district and the interest coupons on the bonds are payable as they mature on presentation to the treasurer.
History: En. Sec. 22, Ch. 129, L. 1921; re-en. Sec. 7286, R.C.M. 1921; re-en. Sec. 7286, R.C.M. 1935; R.C.M. 1947, 89-2309; amd. Sec. 2808, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-313. Annual report of commissioners

85-8-313. Annual report of commissioners.
On the first Tuesday of July of each year the commissioners shall file in the office of the clerk of the court having jurisdiction in the matter an itemized statement of all their receipts and disbursements and leave said report in such office for examination by parties interested at all times.
History: En. Sec. 23, Ch. 129, L. 1921; re-en. Sec. 7287, R.C.M. 1921; re-en. Sec. 7287, R.C.M. 1935; R.C.M. 1947, 89-2310.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-314. Court control and compensation of commissioners

85-8-314. Court control and compensation of commissioners.
(1) The commissioners must receive for their services compensation that the court or presiding judge may determine. They must also receive their actual reasonable expenses. They are at all times under the control or direction of the court or presiding judge and shall obey the court's or judge's directions, and for failure to do so, they shall forfeit their compensation and be dealt with summarily as for contempt. Suit may also be brought upon their bonds, in the name of the clerk of the court, and the amount recovered must be applied to the construction of the work or to the party injured as justice may require.
(2) The court may at any time require the commissioners to make a report on any matter or matters connected with their duties as commissioners and after hearing may remove from office any or all of the commissioners for neglect of duty, for malfeasance in office, or for other good cause. The court may at any time require the commissioners to give new bonds to the clerk of court and may fix the amount of the bonds. The bonds must be submitted to the court or the presiding judge for approval.
History: (1)En. Secs. 24, 25, 26, Ch. 129, L. 1921; re-en. Secs. 7288, 7289, 7290, R.C.M. 1921; re-en. Secs. 7288, 7289, 7290, R.C.M. 1935; Secs. 89-2311, 89-2312, 89-2313, R.C.M. 1947; (2)En. Sec. 92, Ch. 129, L. 1921; re-en. Sec. 7356, R.C.M. 1921; re-en. Sec. 7356, R.C.M. 1935; Sec. 89-2812, R.C.M. 1947; R.C.M. 1947, 89-2311, 89-2312, 89-2313, 89-2812; amd. Sec. 2809, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-315. Presumption of regularity of commissioners' acts

85-8-315. Presumption of regularity of commissioners' acts.
Commissioners of drainage districts are hereby declared to be public officers. The presumption shall be in favor of the regularity and validity of all their official acts. Whenever any report of the commissioners of any drainage district or any part of any such report is contested, remonstrated against, or called in question, the burden of proof shall rest upon the contestant, remonstrant, or questioner.
History: En. Sec. 95, Ch. 129, L. 1921; re-en. Sec. 7359, R.C.M. 1921; re-en. Sec. 7359, R.C.M. 1935; R.C.M. 1947, 89-2815.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-321. Organization, appointments, and preliminary report

85-8-321. Organization, appointments, and preliminary report.
(1) Within 10 days after the commissioners are appointed and qualified, they shall meet and organize by electing one member as president and by electing a secretary, who may or may not be a member of the board.
(2) The commissioners shall appoint one or more attorneys to assist in the establishment of the district, advise with its officers, agents, and employees, and prepare reports and other necessary documents. The court shall allow the attorney or attorneys just compensation to be taxed in the case.
(3) The commissioners shall appoint a competent civil and drainage engineer, who may be an individual, a partnership, or a corporation, who may employ assistants and make surveys, and who, with the approval of the court, may employ a consulting engineer or secure expert advice. The expense of the engineer, the engineer's assistants, and the consulting engineer must be taxed as expenses under the petition. The commissioners shall personally examine the lands in the district and make a preliminary report to the court that states:
(a) whether the proposed work is necessary or would be of use in carrying out the purposes of the petition;
(b) whether the proposed work would promote the public health;
(c) whether the proposed work would promote the public welfare;
(d) whether the total benefits from the proposed work will exceed the cost of the work, together with the damages resulting from the work, and in arriving at this, they shall include all benefits and all damages resulting from the work both within and outside of the district.
(4) The commissioners shall in the report fix, as near as may be, and report to the court the boundaries of the proposed drainage district. The boundaries may not be changed from those in the petition described so as to deprive the court of jurisdiction by reason of not having on the petition the required number of signers owning land within the changed boundaries.
History: En. Sec. 27, Ch. 129, L. 1921; re-en. Sec. 7291, R.C.M. 1921; re-en. Sec. 7291, R.C.M. 1935; R.C.M. 1947, 89-2314; amd. Sec. 2810, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-322. Adoption of feasible plan

85-8-322. Adoption of feasible plan.
If said proposed work, as described in the petition, is not best suited to carry out the purposes of the petition, the commissioners shall consider and base their report upon the one best suited to carry out those purposes and propose to the court the one considered by them.
History: En. Sec. 28, Ch. 129, L. 1921; re-en. Sec. 7292, R.C.M. 1921; re-en. Sec. 7292, R.C.M. 1935; R.C.M. 1947, 89-2315.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-323. Hearing and notice on preliminary report

85-8-323. Hearing and notice on preliminary report.
Upon the filing of the preliminary report the court or the presiding judge thereof shall by order fix a time and place when and where the same shall be heard at some general or special term of said court, not less than 30 days from the filing of said report. Notice of the time and place of hearing upon said preliminary report shall be given to all interested persons by publishing a brief notice of the filing of said report, including a brief statement of the substance of said report, in one or more newspapers published in each county in which any land in said proposed drainage district shall be situated (or, if no newspaper is published in said county, in one or more newspapers in an adjoining county) once in each week for 3 successive weeks prior to the day appointed for hearing thereon. Said notice shall:
(1) describe all lands included by said report in said district which were not included therein by the petition and state that such lands are to be included in said district; and
(2) describe all lands excluded from said district which were by the petition included therein and shall state that such lands are to be excluded from said district.
History: En. Sec. 29, Ch. 129, L. 1921; re-en. Sec. 7293, R.C.M. 1921; re-en. Sec. 7293, R.C.M. 1935; R.C.M. 1947, 89-2316.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-324. Adjournment of hearing or trial of issues

85-8-324. Adjournment of hearing or trial of issues.
Upon the day fixed for hearing upon said report, said court may adjourn said hearing for good cause or may proceed to hear, try, and determine all issues arising upon said report.
History: En. Sec. 30, Ch. 129, L. 1921; re-en. Sec. 7294, R.C.M. 1921; re-en. Sec. 7294, R.C.M. 1935; R.C.M. 1947, 89-2317.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-325. Remonstrance by interested parties

85-8-325. Remonstrance by interested parties.
Any interested party may appear and remonstrate against said report or any material part thereof. All remonstrances shall be in writing, be verified on oath, be filed at least 5 days before the day fixed for hearing, and shall set forth the facts upon which they are based.
History: En. Sec. 31, Ch. 129, L. 1921; re-en. Sec. 7295, R.C.M. 1921; re-en. Sec. 7295, R.C.M. 1935; R.C.M. 1947, 89-2318.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-326. Service of owners of added lands

85-8-326. Service of owners of added lands.
When lands are added to the district, the owners thereof shall be served with said notice as provided for serving of notice of hearing on the petition.
History: En. Sec. 32, Ch. 129, L. 1921; re-en. Sec. 7296, R.C.M. 1921; re-en. Sec. 7296, R.C.M. 1935; R.C.M. 1947, 89-2319.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-327. Procedure at court hearing and order

85-8-327. Procedure at court hearing and order.
(1) All issues arising upon said preliminary report shall be tried by the court without a jury.
(2) If the court shall find in favor of the remonstrance or if said report be that the proposed work will not promote the public health and will not promote the public welfare or that the benefits from said proposed work will not exceed the damages and cost of construction and no remonstrance against said report is filed, the petition shall be dismissed, the costs taxed against the petitioners, and judgment entered therefor, as provided in 85-8-350.
(3) If the preliminary report be that the benefits of said proposed work (or work proposed by the commissioners) will exceed the damages and the cost of construction and that the public health will be promoted thereby or that the public welfare will be promoted thereby and no remonstrance thereto is filed or if on the trial of the issues made on said report the court finds that the benefits will exceed the damages and cost of construction and that the public health or the public welfare will be promoted by said proposed work, the court shall make and file such findings in writing and make an order confirming said report or directing amendment of the report to conform to the findings of said court, and when so amended the court shall by order confirm the same and direct said commissioners to proceed with said work with all convenient speed.
(4) Such findings and order shall be final and conclusive unless appealed from to the supreme court within 30 days after filing thereof.
History: En. Secs. 33, 34, 35, Ch. 129, L. 1921; re-en. Secs. 7297, 7298, 7299, R.C.M. 1921; re-en. Secs. 7297, 7298, 7299, R.C.M. 1935; R.C.M. 1947, 89-2320, 89-2321, 89-2322.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-328. Corporate nature of drainage district

85-8-328. Corporate nature of drainage district.
(1) Upon entering of such order of confirmation of said preliminary report of record, such drainage district shall be and is thereby declared to be organized as a drainage district, by the name mentioned in said petition or such other name as the court shall fix, with the boundaries fixed by the order confirming the report of said commissioners, to be a body corporate, by said name fixed in said order, with the right to sue and be sued, to adopt and use a seal, and to have perpetual succession.
(2) The commissioners appointed as aforesaid and their successors in office shall, from the entry of such order of confirmation, constitute the corporate authority of said drainage district, exercise the functions conferred on them by law, and do all things and perform all acts necessary to the construction and preservation of the proposed work.
History: En. Secs. 36, 37, Ch. 129, L. 1921; re-en. Secs. 7300, 7301, R.C.M. 1921; re-en. Secs. 7300, 7301, R.C.M. 1935; R.C.M. 1947, 89-2323, 89-2324.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-329. Necessity of preliminary proceedings

85-8-329. Necessity of preliminary proceedings.
All proceedings herein required, prior to the entry of such order of confirmation of record, shall be deemed to be and are hereby declared to be necessary to the formation of said body corporate.
History: En. Sec. 38, Ch. 129, L. 1921; re-en. Sec. 7302, R.C.M. 1921; re-en. Sec. 7302, R.C.M. 1935; R.C.M. 1947, 89-2325.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-343. Commissioners to use most feasible plan

85-8-343. Commissioners to use most feasible plan.
The commissioners shall not be confined to the points of commencement, routes, or termini of the drains or ditches or the number, extent, or size of the same or the location, plan, or extent of any levee, ditch, or other work as proposed by the petitioners but shall locate, design, lay out, and plan the same in such manner as to them shall seem best to promote the public health or welfare and to drain or to protect the lands, including improvements, of the parties interested with the least damage and the greatest benefit to all lands affected thereby. Any plan proposed by the commissioners may, on the application of any interested person, on the hearing provided for hereinafter, or on the application of the commissioners, be altered by the court, by written order, in such manner as shall appear to the court to be just.
History: En. Sec. 50, Ch. 129, L. 1921; re-en. Sec. 7314, R.C.M. 1921; re-en. Sec. 7314, R.C.M. 1935; amd. Sec. 5, Ch. 409, L. 1973; R.C.M. 1947, 89-2337.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-344. Alteration of boundaries

85-8-344. Alteration of boundaries.
If the commissioners find that the proposed district, as described in the filed petition, will not embrace all of the lands, including improvements, that will be benefited by the proposed work or that it will include lands that will not be benefited and are not necessary to be included in said district for any purpose, they shall extend or contract the boundaries of the proposed district so as to include or exclude all such lands or improvements, as the case may be, and the boundaries adopted and reported by them, upon the hearing of their report, as hereinafter provided, upon their application or that of any person interested, may be altered by the court in such manner as shall appear to be just; provided, that the alteration of boundaries as aforesaid shall not have the effect of so far enlarging or contracting the proposed district as to render such petition void or dismissable. Said report shall be filed with the clerk of the court.
History: En. Sec. 51, Ch. 129, L. 1921; re-en. Sec. 7315, R.C.M. 1921; re-en. Sec. 7315, R.C.M. 1935; amd. Sec. 6, Ch. 409, L. 1973; R.C.M. 1947, 89-2338.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-345. Notice of hearing of report

85-8-345. Notice of hearing of report.
(1) Upon the filing of the report under 85-8-341, the court shall make an order fixing the time and place when and where all interested persons may appear and protest against the confirmation of the petition. The clerk of court shall give notice to all interested parties by publication of the order for at least 3 successive weeks before the date of the hearing in at least one newspaper in each county in which lands located in the district are situated. The notice must contain a statement of the time and place of the hearing of the report and a brief statement of the substance of the report.
(2) Upon a date not later than the date of the first publication of the notice referred to in subsection (1), the clerk of court shall also cause to be mailed to each of the persons or corporations recommended by the report to be assessed or whose lands are recommended by the report to be included in the district, at the person's or corporation's last-known post-office address, a notice containing a brief description of the land or easement belonging to the person or corporation benefited or damaged, the net damage awarded to the tract, parcel, easement, or corporation, and the sum assessed against the benefited parcel, tract, easement, or corporation.
History: En. Secs. 52, 53, Ch. 129, L. 1921; re-en. Secs. 7316, 7317, R.C.M. 1921; re-en. Secs. 7316, 7317, R.C.M. 1935; R.C.M. 1947, 89-2339, 89-2340; amd. Sec. 2811, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-346. Modification of report

85-8-346. Modification of report.
If the court finds that the report requires modification, the same may, by order of the court, be referred back to the commissioners, who may be required to modify it in any respect.
History: En. Sec. 54, Ch. 129, L. 1921; re-en. Sec. 7318, R.C.M. 1921; re-en. Sec. 7318, R.C.M. 1935; R.C.M. 1947, 89-2341.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-347. Confirmation of report -- appeals

85-8-347. Confirmation of report -- appeals.
If there be no remonstrance or if the finding be in favor of the validity of the proceedings or after the report shall have been modified to conform to the findings, the court shall confirm the report. The order of confirmation shall be final and conclusive, the proposed work shall be established and authorized, and the proposed assessments approved and confirmed unless within 30 days an appeal be taken to the supreme court. The said order of confirmation shall also fix the commissioners' bond.
History: En. Sec. 55, Ch. 129, L. 1921; re-en. Sec. 7319, R.C.M. 1921; re-en. Sec. 7319, R.C.M. 1935; R.C.M. 1947, 89-2342.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-348. Modification of court order

85-8-348. Modification of court order.
Said order of confirmation may, at the same or at any subsequent term of said court, be revised, modified, or changed, in whole or in part, on petition of the commissioners, after such notice to parties adversely interested as the court may require.
History: En. Sec. 56, Ch. 129, L. 1921; re-en. Sec. 7320, R.C.M. 1921; re-en. Sec. 7320, R.C.M. 1935; R.C.M. 1947, 89-2343.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-349. Supplemental report

85-8-349. Supplemental report.
At any time prior to making the order confirming said report or thereafter, the court may permit the commissioners to present and file a supplemental report or amend their report as to any matter which, pursuant to the provisions hereof, was or might have been included in the original report presented by them, and after reasonable notice given to all parties interested, in such manner as the court shall direct, the court may, upon the hearing in said matter, make such order as the case may require.
History: En. Sec. 57, Ch. 129, L. 1921; re-en. Sec. 7321, R.C.M. 1921; re-en. Sec. 7321, R.C.M. 1935; R.C.M. 1947, 89-2344.