85-7-1902. Management of district by board. (1) The board of commissioners of every irrigation district established and organized under and by virtue of parts 1 and 15 of this chapter shall constitute the corporate authority of said district.
(2) The board shall have the power and it shall be the duty of the members thereof to manage and conduct the business and affairs of the district; adopt a corporate seal therefor; make and execute all necessary contracts; and employ and appoint such agents, officers, and employees as may be required and prescribe their duties.
(3) The board is hereby authorized and empowered to institute and maintain any and all actions and proceedings, suits at law or in equity, necessary or proper in order to fully carry out the provisions of this chapter, or to enforce, maintain, protect, or preserve any and all rights, privileges, and immunities created by this chapter or acquired in pursuance thereof. In all courts, suits, or proceedings, the board may sue, appear, and defend in person or by attorneys and in the name of such irrigation district.
(4) The board may adopt rules and bylaws governing the calling and holding of meetings of the board; the manner of transacting business thereat; and the publishing or posting of the orders, resolutions, and proceedings of the board. It shall be the duty of said board to pass or adopt bylaws and rules for the apportionment and distribution of water to the lands of the district and for the protection and preservation of the works and other property of the district, and the board may therein require the prompt payment of all current and delinquent taxes and assessments and other financial obligations owing the district as a prerequisite to water service. The bylaws and rules shall be printed in convenient form for distribution in the district. All orders and resolutions shall be passed or adopted by a majority of the commissioners by a yea and nay vote, to be entered upon the records of the board.
(5) Said board shall have power generally to do and perform all such other acts as shall be necessary or appropriate to fully carry out the purposes of this chapter.
History: En. Sec. 9, Ch. 146, L. 1909; amd. Sec. 2, Ch. 145, L. 1915; amd. Sec. 3, Ch. 153, L. 1917; amd. Sec. 3, Ch. 116, L. 1919; re-en. Sec. 7174, R.C.M. 1921; amd. Sec. 4, Ch. 157, L. 1923; re-en. Sec. 7174, R.C.M. 1935; amd. Sec. 1, Ch. 111, L. 1973; amd. Sec. 1, Ch. 307, L. 1975; R.C.M. 1947, 89-1301(intro.), (1), (10), (11), (13); amd. Sec. 1, Ch. 262, L. 1983.
Structure Montana Code Annotated
Chapter 7. Irrigation Districts
Part 19. Operation of Districts
85-7-1901. Board plan for acquisition and construction
85-7-1902. Management of district by board
85-7-1903. Entry upon land by board or agent
85-7-1904. Acquisition of water and waterworks by board
85-7-1905. Board agreements for joint operations or cooperation
85-7-1906. Relations with United States
85-7-1907. Board power to provide sufficient water
85-7-1908. Board powers over district property
85-7-1909. Rights-of-way for irrigation works
85-7-1910. Board power to dispose of district property
85-7-1911. Apportionment of water by board
85-7-1912. Exchange of water by board
85-7-1913. Board to maintain records
85-7-1914. Board to file annual report
85-7-1915. through 85-7-1920 reserved
85-7-1921. Distribution system defined
85-7-1922. Regulation, supervision, apportionment, and control of water distribution
85-7-1924. Interference with commissioners or distribution system -- penalty
85-7-1925. Installing and assessing costs of distributing or measuring devices
85-7-1926. through 85-7-1930 reserved
85-7-1931. Use of water for irrigation a public use
85-7-1932. Noninterference with navigation or water rights
85-7-1933. Diversion of waters
85-7-1934. Lands under irrigation -- inclusion in district
85-7-1935. Lands under irrigation -- limits on charges for costs
85-7-1936. through 85-7-1940 reserved
85-7-1942. Competitive bidding
85-7-1943. Exceptions for certain projects
85-7-1944. through 85-7-1950 reserved
85-7-1951. United States contracts -- loans, sinking fund, and investment
85-7-1952. United States contracts -- assessments
85-7-1953. Amount owed United States -- lien and special tax
85-7-1954. Assumption of operations by United States upon default
85-7-1955. Liquidation of indebtedness with federal funds
85-7-1956. Majority vote or petition necessary to contract with United States
85-7-1957. United States contracts -- court approval required
85-7-1958. Power to contract with United States cumulative
85-7-1959. and 85-7-1960 reserved
85-7-1962. through 85-7-1970 reserved
85-7-1971. Contracts with the state of Montana -- loans, sinking fund, and investments
85-7-1972. State contracts -- assessments
85-7-1973. Amount owed state -- lien and special tax
85-7-1974. Majority vote or petition necessary to contract with the state