85-7-1909. Rights-of-way for irrigation works. (1) The board of commissioners shall have the power to construct irrigation works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch, or flume which the route of said canal or canals may intersect or cross in such manner as to afford security to life and property. Said board shall restore the same, when so crossed or intersected, to its former state, as near as may be, so as not to destroy its usefulness. Every company whose railroad shall be intersected or crossed by said works shall unite with said board in forming said intersection and crossing, and if such railroad company or the owners and controllers of said property, thing, or franchise so to be crossed and said board cannot agree upon the amount to be paid therefor or the points or the manner of said crossing or intersections, the same shall be ascertained and determined in all respects as herein provided in respect to taking of land for public use.
(2) Nothing contained herein shall require the payment to the state or any subdivision thereof of any sum for the right to cross any public highway with any such works. The right-of-way is hereby given, dedicated, and set apart to locate, construct, and maintain said works over and through any of the lands which are now or hereafter may be the property of this state.
History: En. Sec. 26, Ch. 146, L. 1909; re-en. Sec. 7196, R.C.M. 1921; re-en. Sec. 7196, R.C.M. 1935; R.C.M. 1947, 89-1601.
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