85-5-106. Maintenance and repair of ditches or systems. Upon written request of the owners of at least 51% of the water rights in any adjudicated ditch or single water system, the judge of the district court may empower the commissioner to maintain and keep in reasonable repair such water ditch or water system at the expense of the owners thereof, and for such purposes the commissioner shall have authority to enter and work upon any ditch, canal, aqueduct, or other source of conveying the waters affected by the decree and the right-of-way thereof and to visit, inspect, and adjust all headgates or other means of distribution of such waters.
History: En. Sec. 6, Ch. 43, L. 1911; re-en. Sec. 7141, R.C.M. 1921; re-en. Sec. 7141, R.C.M. 1935; R.C.M. 1947, 89-1006.
Structure Montana Code Annotated
Chapter 5. Water Commissioners and Water Mediators
Part 1. Appointment and Duties
85-5-101. Appointment of water commissioners
85-5-102. Appointment of chief commissioner
85-5-105. Power and duty to distribute water
85-5-106. Maintenance and repair of ditches or systems
85-5-107. Record of distribution of water
85-5-108. Authority and arrest power
85-5-109. Failure to perform duty as contempt of court