85-7-1922. Regulation, supervision, apportionment, and control of water distribution. (1) In addition to all other powers granted them by the laws of Montana, boards of commissioners of all irrigation districts organized under any law of this state may regulate, supervise, apportion, and control the furnishing and delivery of water through the distribution system of the district. The authority to regulate, supervise, apportion, and control does not apply to users who have water rights or ditch rights, established, acquired by court decree, use, appropriation or otherwise, at the time or prior to the organization of the district, without regard to whether the distribution system or a portion of the system belongs to the district or to the owner of lands served by the district.
(2) Notwithstanding the provisions of 85-7-1921 and the powers granted to the board of commissioners under subsection (1) of this section, the irrigation district is not required to:
(a) construct, operate, or maintain internal delivery systems; or
(b) divide irrigation water after the water is delivered to the established project delivery points.
History: En. Sec. 2, Ch. 63, L. 1935; re-en. Sec. 7207.2, R.C.M. 1935; R.C.M. 1947, 89-1614; amd. Sec. 4, Ch. 136, L. 1993.
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