Montana Code Annotated
Title 85. Water Use
Chapter 8. Drainage Districts

85-8-101. Petition for creation of district - 85-8-101. Petition for creation of district. (1) Whenever a majority...

85-8-102. Amendment and circulation of petition -- court consideration - 85-8-102. Amendment and circulation of petition -- court consideration. No...

85-8-103. Territory to be included - 85-8-103. Territory to be included. Said territory need not be...

85-8-104. through 85-8-110 reserved - 85-8-104 through 85-8-110 reserved.

85-8-111. Notice of hearing - 85-8-111. Notice of hearing. (1) On the filing of a...

85-8-112. Affidavit in case of nonresident petitioners - 85-8-112. Affidavit in case of nonresident petitioners. If any of...

85-8-113. Proof of service and publication - 85-8-113. Proof of service and publication. The certificate of the...

85-8-114. Personal service of notice to confer jurisdiction - 85-8-114. Personal service of notice to confer jurisdiction. Personal service...

85-8-115. Insufficient service - 85-8-115. Insufficient service. (1) If it is found, before the...

85-8-116. Procedure on adjourned day - 85-8-116. Procedure on adjourned day. Upon the adjourned day the...

85-8-117. Contest by landowners - 85-8-117. Contest by landowners. (1) On the day fixed for...

85-8-118. Determination of sufficiency of petition - 85-8-118. Determination of sufficiency of petition. The court shall hear...

85-8-119. Receiving affidavits on question of petition sufficiency - 85-8-119. Receiving affidavits on question of petition sufficiency. The affidavits...

85-8-120. Fraudulent deeds - 85-8-120. Fraudulent deeds. All deeds made for the purpose of...

85-8-121. Court determination - 85-8-121. Court determination. (1) If the court or presiding judge,...

Part 2. Dissolution of Districts

85-8-201. Dissolution of districts - 85-8-201. Dissolution of districts. Whenever the owners of more than...

Part 3. Organization and Operation

85-8-301. Term of commissioners at creation of district - 85-8-301. Term of commissioners at creation of district. On the...

85-8-302. Election of commissioners -- regular term of office - 85-8-302. Election of commissioners -- regular term of office. (1)...

85-8-303. Repealed - 85-8-303. Repealed. Sec. 15, Ch. 27, L. 1981. History: En....

85-8-304. Results of election - 85-8-304. Results of election. The secretary of the board of...

85-8-305. Qualifications of electors - 85-8-305. Qualifications of electors. (1) At all such elections, except...

85-8-306. Commissioner candidate filing - 85-8-306. Commissioner candidate filing. A person eligible to vote in...

85-8-307. Vacancies - 85-8-307. Vacancies. If a vacancy occurs on the board of...

85-8-308. Oath and bond of commissioners -- quorum - 85-8-308. Oath and bond of commissioners -- quorum. (1) Before...

85-8-309. and 85-8-310 reserved - 85-8-309 and 85-8-310 reserved.

85-8-311. Record and vouchers - 85-8-311. Record and vouchers. The commissioners shall keep an accurate...

85-8-312. Custody of funds - 85-8-312. Custody of funds. The county treasurer of the county...

85-8-313. Annual report of commissioners - 85-8-313. Annual report of commissioners. On the first Tuesday of...

85-8-314. Court control and compensation of commissioners - 85-8-314. Court control and compensation of commissioners. (1) The commissioners...

85-8-315. Presumption of regularity of commissioners' acts - 85-8-315. Presumption of regularity of commissioners' acts. Commissioners of drainage...

85-8-316. through 85-8-320 reserved - 85-8-316 through 85-8-320 reserved.

85-8-321. Organization, appointments, and preliminary report - 85-8-321. Organization, appointments, and preliminary report. (1) Within 10 days...

85-8-322. Adoption of feasible plan - 85-8-322. Adoption of feasible plan. If said proposed work, as...

85-8-323. Hearing and notice on preliminary report - 85-8-323. Hearing and notice on preliminary report. Upon the filing...

85-8-324. Adjournment of hearing or trial of issues - 85-8-324. Adjournment of hearing or trial of issues. Upon the...

85-8-325. Remonstrance by interested parties - 85-8-325. Remonstrance by interested parties. Any interested party may appear...

85-8-326. Service of owners of added lands - 85-8-326. Service of owners of added lands. When lands are...

85-8-327. Procedure at court hearing and order - 85-8-327. Procedure at court hearing and order. (1) All issues...

85-8-328. Corporate nature of drainage district - 85-8-328. Corporate nature of drainage district. (1) Upon entering of...

85-8-329. Necessity of preliminary proceedings - 85-8-329. Necessity of preliminary proceedings. All proceedings herein required, prior...

85-8-330. through 85-8-340 reserved - 85-8-330 through 85-8-340 reserved.

85-8-341. Preparation of report -- contents - 85-8-341. Preparation of report -- contents. (1) As soon as...

85-8-342. Apportionment of costs - 85-8-342. Apportionment of costs. (1) In apportioning the costs and...

85-8-343. Commissioners to use most feasible plan - 85-8-343. Commissioners to use most feasible plan. The commissioners shall...

85-8-344. Alteration of boundaries - 85-8-344. Alteration of boundaries. If the commissioners find that the...

85-8-345. Notice of hearing of report - 85-8-345. Notice of hearing of report. (1) Upon the filing...

85-8-346. Modification of report - 85-8-346. Modification of report. If the court finds that the...

85-8-347. Confirmation of report -- appeals - 85-8-347. Confirmation of report -- appeals. If there be no...

85-8-348. Modification of court order - 85-8-348. Modification of court order. Said order of confirmation may,...

85-8-349. Supplemental report - 85-8-349. Supplemental report. At any time prior to making the...

85-8-350. Judgment on dismissal of proceedings -- assessment of costs - 85-8-350. Judgment on dismissal of proceedings -- assessment of costs....

85-8-351. Statement of costs before entry of judgment - 85-8-351. Statement of costs before entry of judgment. Before any...

85-8-352. Contribution among petitioners - 85-8-352. Contribution among petitioners. All petitioners shall, among themselves, contribute...

85-8-353. through 85-8-360 reserved - 85-8-353 through 85-8-360 reserved.

85-8-361. Contracts - 85-8-361. Contracts. In all cases when the work to be...

85-8-362. Interest of commissioners in contracts forbidden - 85-8-362. Interest of commissioners in contracts forbidden. The commissioners may...

85-8-363. Commissioners' right of entry - 85-8-363. Commissioners' right of entry. The commissioners, their agents, servants,...

85-8-364. Payment or tender of damages - 85-8-364. Payment or tender of damages. (1) The damages allowed...

85-8-365. Location of drains - 85-8-365. Location of drains. When practicable, said drains provided for...

85-8-366. Drains on railroad lands - 85-8-366. Drains on railroad lands. (1) Said commissioners shall have...

85-8-367. Commissioners' powers during emergency - 85-8-367. Commissioners' powers during emergency. Commissioners having charge of any...

85-8-368. Annual report -- objections - 85-8-368. Annual report -- objections. (1) The commissioners shall, on...

Part 4. Alteration of District

85-8-401. Alterations or additions to district -- petition required - 85-8-401. Alterations or additions to district -- petition required. (1)...

85-8-402. Hearing -- notice and service - 85-8-402. Hearing -- notice and service. Upon the filing of...

85-8-403. Court order -- dismissal of petition - 85-8-403. Court order -- dismissal of petition. (1) A landowner...

85-8-404. Appeals and assessments - 85-8-404. Appeals and assessments. A party interested in the hearing...

85-8-405. Exclusion of lands from district - 85-8-405. Exclusion of lands from district. Any lands within a...

85-8-406. Court action -- parties - 85-8-406. Court action -- parties. An action for the exclusion...

85-8-407. Complaint required -- contents - 85-8-407. Complaint required -- contents. (1) Said action shall be...

85-8-408. Summons - 85-8-408. Summons. (1) Upon the filing of the complaint the...

85-8-409. Rules of practice applicable - 85-8-409. Rules of practice applicable. The same rules relative to...

85-8-410. Court order excluding lands - 85-8-410. Court order excluding lands. If the issue shall be...

85-8-411. Appeals - 85-8-411. Appeals. Appeals may be taken from the orders and...

85-8-412. through 85-8-420 reserved - 85-8-412 through 85-8-420 reserved.

85-8-421. Procedure to bring other drained lands into district - 85-8-421. Procedure to bring other drained lands into district. (1)...

85-8-422. Court order for annexation -- appeal - 85-8-422. Court order for annexation -- appeal. (1) If the...

85-8-423. Assessments against annexed lands - 85-8-423. Assessments against annexed lands. The commissioners shall, after the...

85-8-424. Confirmation of commissioners' report of assessments - 85-8-424. Confirmation of commissioners' report of assessments. The commissioners shall...

Part 5. Bonds and Revenue

85-8-501. Authority to borrow money and issue notes or bonds - 85-8-501. Authority to borrow money and issue notes or bonds....

85-8-502. Resolution for issuance of notes or bonds - 85-8-502. Resolution for issuance of notes or bonds. Before the...

85-8-503. Sale of notes or bonds - 85-8-503. Sale of notes or bonds. Upon execution, the notes...

85-8-504. Disposition of excess money - 85-8-504. Disposition of excess money. In case any moneys derived...

85-8-505. Refunding indebtedness of district - 85-8-505. Refunding indebtedness of district. The court may, on the...

Part 6. Taxes and Assessments

85-8-601. Certification and collection of district taxes - 85-8-601. Certification and collection of district taxes. (1) Subject to...

85-8-602. Tax collection if lands in several counties - 85-8-602. Tax collection if lands in several counties. Where lands...

85-8-603. Rules of law applicable to tax collection - 85-8-603. Rules of law applicable to tax collection. The rules...

85-8-604. through 85-8-610 reserved - 85-8-604 through 85-8-610 reserved.

85-8-611. Construction assessments -- annual installment - 85-8-611. Construction assessments -- annual installment. At the time of...

85-8-612. Lien of assessments -- payment of assessments against state lands - 85-8-612. Lien of assessments -- payment of assessments against state...

85-8-613. Assessments against certain corporations - 85-8-613. Assessments against certain corporations. Assessments against all public corporations...

85-8-614. Procedure on failure to certify assessments - 85-8-614. Procedure on failure to certify assessments. When commissioners shall...

85-8-615. Procedure to levy additional assessments - 85-8-615. Procedure to levy additional assessments. Subject to 15-10-420, if...

85-8-616. Correction of omissions - 85-8-616. Correction of omissions. Omission to assess benefits, to assess...

85-8-617. Illegal assessments - 85-8-617. Illegal assessments. In case the court decides that any...

85-8-618. Assessment of unassessed, benefited lands - 85-8-618. Assessment of unassessed, benefited lands. Whenever any lands from...

85-8-619. Assessments to have effect of judgment - 85-8-619. Assessments to have effect of judgment. Each and every...

85-8-620. Bonds not to be affected by assessment change - 85-8-620. Bonds not to be affected by assessment change. No...

85-8-621. Renumbered 85-8-803 - 85-8-621. Renumbered 85-8-803. Code Commissioner, 1983.

85-8-622. Agreement of landowners to omitted assessments - 85-8-622. Agreement of landowners to omitted assessments. In case of...

85-8-623. Assessments not to be obstructed by preliminary defects - 85-8-623. Assessments not to be obstructed by preliminary defects. The...

85-8-624. Assessments on improvements -- taxpayers' approval, limitations, and election procedures - 85-8-624. Assessments on improvements -- taxpayers' approval, limitations, and election...

Part 7. Flood Control and Planning

85-8-701. Purpose of part - 85-8-701. Purpose of part. (1) The purpose of this part...

85-8-702. Additional powers - 85-8-702. Additional powers. To the end that soil and water...

85-8-703. Petition for additional powers - 85-8-703. Petition for additional powers. Before the additional powers granted...

85-8-704. Organization of areas not within existing districts - 85-8-704. Organization of areas not within existing districts. In areas...

Part 8. Miscellaneous Provisions

85-8-801. Continuation of existing districts - 85-8-801. Continuation of existing districts. All drain districts of the...

85-8-802. Dividing older districts into three divisions - 85-8-802. Dividing older districts into three divisions. Ten percent of...

85-8-803. Waiver of defective service - 85-8-803. Waiver of defective service. In case of failure to...

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Montana Code Annotated Title 85. Water Use Chapter 8. Drainage Districts

Montana Code Annotated
Title 85. Water Use
Chapter 8. Drainage Districts