85-1-224. Contracts with state agencies and counties. (1) A state agency or the boards of county commissioners having jurisdiction over any lands which may require the use of any water or water rights owned or controlled by the department or the United States or its agencies may enter into:
(a) such contracts as are necessary with the department, the United States, or agencies of the United States or others for the purchase of water or water rights needed for those lands; and
(b) any contracts as necessary or expedient, similar to contracts executed by individuals or others, to secure for the state, state institutions, counties, and state school and county lands the benefits of the water or water rights, which obligations may be similar to those of persons who become stockholders in corporations or who may agree to purchase and pay for water for irrigation purposes.
(2) These contracts may include agreements that the state and counties shall be subject to the same charges and payments as are other water users within the projects; however, none of those charges, payments, or costs shall constitute a lien against the state's interest in the lands.
(3) The obligations provided for in this section to be incurred upon behalf of the counties and the state shall not be in the nature of general obligations by either said counties or the state of Montana but shall constitute liens only upon such water or water rights purchased for the benefit of such lands.
History: (1), (2)En. Sec. 2, Ch. 97, L. 1935; re-en. Sec. 349.37, R.C.M. 1935; amd. Sec. 139, Ch. 253, L. 1974; Sec. 89-140, R.C.M. 1947; (3)En. Sec. 3, Ch. 97, L. 1935; re-en. Sec. 349.38, R.C.M. 1935; Sec. 89-141, R.C.M. 1947; R.C.M. 1947, 89-140, 89-141.
Structure Montana Code Annotated
85-1-204. Department powers over state water
85-1-205. Acquisition of water in federal reservoirs
85-1-206. Construction of works by department
85-1-207. Determination of costs of works
85-1-208. Construction across streams, highways, or other obstacles
85-1-209. Acquisition of property by department
85-1-210. Disposal of property by department
85-1-211. Management of property -- water contracts
85-1-213. Institution of court actions by department
85-1-214. Exercise of department powers -- scope of jurisdiction
85-1-215. Department duties -- records and operations
85-1-216. Limitations on liabilities and obligations
85-1-217. Restoration and repair of damaged property
85-1-218. Employment of county surveyors
85-1-219. State-owned works -- department approval -- bids -- procurement of goods and services
85-1-221. Contracts with the United States
85-1-222. Conformity to federal regulations authorized