Montana Code 85-9-205. Procedure for organization of district

85-9-205. Procedure for organization of district. If in the opinion of the department the feasibility study shows that a district is feasible and consistent with the state water plan, the procedure for organization is the following:

Terms Used In Montana Code 85-9-205

Cost of works: means the cost of construction, acquisition, improvement, extension, and development of works, including financing charges, interest, and professional services. See Montana Code 85-9-103
Court: means the district court of the judicial district in which the largest portion of the taxable valuation of real property of the proposed district is located and within the county in which the largest portion of the taxable valuation of real property of the proposed district is located within the judicial district. See Montana Code 85-9-103
Department: means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33. See Montana Code 85-9-103
Directors: means the board of directors of a conservancy district. See Montana Code 85-9-103
District: means a conservancy district. See Montana Code 85-9-103
Owners: means the person or persons who appear as owners of record of the legal title to real property according to the county records, whether the title is held beneficially or in a fiduciary capacity, except that a person holding a title for purposes of security is not an owner and the owner for security may not affect the previous title for purposes of this chapter. See Montana Code 85-9-103
State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
Works: means all property, rights, easements, franchises, and other facilities, including but not limited to land, reservoirs, dams, canals, dikes, ditches, pumping units, mains, pipelines, waterworks systems, recreational facilities, facilities for fish and wildlife, and facilities to control and correct pollution. See Montana Code 85-9-103

(1)The department shall file a petition requesting organization with the court.

(2)The petition shall:

(a)state the name of the proposed district;

(b)give a legal description of the boundaries of the proposed district, excluding therefrom lands which would receive no direct or indirect benefits from the proposed district;

(c)describe the purposes of the district;

(d)describe the works;

(e)indicate the estimated cost of works, means of financing, and estimated costs of operation and maintenance;

(f)list the taxable valuation of real property in the proposed district, which must be $100,000 or more;

(g)describe the means of repaying capital costs;

(h)propose the persons who should be represented and the number of directors.

(3)The petition shall be signed by owners of at least 51% of the land outside the limits of an incorporated municipality and not fewer than 5% or 100, whichever is the lesser, of the persons who would qualify as electors within an incorporated municipality.

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