85-5-108. Authority and arrest power. For the purposes of carrying out the provisions of Title 85, chapter 5, parts 1 through 3, each commissioner appointed by the court has the authority to enter upon any ditch, canal, aqueduct, or other source for conveying the waters affected by the decree and to visit, inspect, and adjust all headgates or other means of distributing the waters and has the same powers as a sheriff or constable to arrest any person interfering with the distribution made by the commissioner, to be dealt with according to law.
History: En. Sec. 8, Ch. 43, L. 1911; re-en. Sec. 7143, R.C.M. 1921; re-en. Sec. 7143, R.C.M. 1935; R.C.M. 1947, 89-1008; amd. Sec. 2774, Ch. 56, L. 2009.
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