Montana Code 75-7-121. Review
75-7-121. Review. (1) Any review of final action by the supervisors under 75-7-112 or 75-7-113 may be by arbitration or by the district court of the county where the project is located. Judicial review of an arbitration action is under the provisions of Title 27, chapter 5, part 3, and must be brought in the county where the action is proposed to occur.
Terms Used In Montana Code 75-7-121
- Applicant: means any person presenting notice of a project to the supervisors. See Montana Code 75-7-103
- District: means :
(a)a conservation district under Title 76, chapter 15, in which the project will take place;
(b)a grass conservation district under Title 76, chapter 16, where a conservation district does not exist; or
(c)the board of county commissioners in a county where a district does not exist. See Montana Code 75-7-103
- Project: means a physical alteration or modification that results in a change in the state of a natural, perennial-flowing stream or river, its bed, or its immediate banks. See Montana Code 75-7-103
- Supervisors: means the board of supervisors of a conservation district, the directors of a grass conservation district, or the board of county commissioners where a proposed project is not within a district. See Montana Code 75-7-103
- Team: means one representative of the supervisors, one representative of the department, and the applicant or the applicant's representative. See Montana Code 75-7-103
(2)An applicant‘s choice of the judicial review remedy prevails over any other team member’s request for arbitration regardless of whether arbitration was requested prior to the filing of a petition for judicial review by the applicant.