§ 7-4-2701 Qualifications for county attorney in certain counties
§ 7-4-2702 Procedure to fill vacancy in office of county attorney
§ 7-4-2703 Limitation on number of deputies
§ 7-4-2704 Limitations on activities of county attorneys and deputy county attorneys
§ 7-4-2705 Employment of special counsel
§ 7-4-2706 County attorney to be full or part time — resolution
§ 7-4-2707 Contract for services of county attorney from another county
§ 7-4-2708 Contract for services of any other attorney
§ 7-4-2711 County attorney to be legal adviser of county and other subdivisions
§ 7-4-2712 Prosecutorial duties
§ 7-4-2713 Actions to recover money
§ 7-4-2714 Recovery of illegally paid money
§ 7-4-2715 Records and reports
§ 7-4-2716 Duties related to state matters
§ 7-4-2717 Other duties
§ 7-4-2718 Referral of complaint

Terms Used In Montana Code > Title 7 > Chapter 4 > Part 27 - Office of County Attorney

  • Affected property: means the property owned by or under the control of an owner that is affected by a coal-fired generating unit, including:

    (i)land, surface water, or ground water directly affected by the coal-fired generating unit, associated impoundments, disposal and waste operations, buildings, structures, or other improvements or operations infrastructure; and

    (ii)areas affected by activities necessary to the closure and dismantling of the coal-fired generating unit. See Montana Code 75-8-103

  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicable legal obligations: means any applicable state or federal environmental laws, including but not limited to the Montana Water Quality Act, rules regarding disposal of coal combustion residuals from electric utilities, the Montana Major Facility Siting Act, and other applicable laws administered by the department in accordance with Title 75. See Montana Code 75-8-103
  • Applicant: means a person who submits plans and specifications for approval pursuant to this part. See Montana Code 75-6-102
  • Applicant: means any person presenting notice of a project to the supervisors. See Montana Code 75-7-103
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Bequest: Property gifted by will.
  • Board: means the board of environmental review provided for in 2-15-3502. See Montana Code 75-6-102
  • CERCLA: means the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Public Law 96-510. See Montana Code 75-10-602
  • Certified source water protection area: means an area certified by the department that identifies the surface and subsurface area surrounding a source of water for a public water supply system through which contaminants may move toward and reach the source of supply. See Montana Code 75-6-102
  • Coal-fired generating unit: means an individual unit of a coal-fired electrical generating facility located in Montana, where the unit has a generating capacity that is greater than or equal to 200 megawatts. See Montana Code 75-8-103
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Community water system: means a public water supply system that serves at least 15 service connections used by year-round residents or that regularly serves at least 25 year-round residents. See Montana Code 75-6-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Composting: means the controlled biological decomposition of organic matter into humus. See Montana Code 75-10-802
  • Contaminant: includes but is not limited to any element, substance, compound, or mixture, including disease-causing agents, that after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction), or physical deformations in the organisms or their offspring. See Montana Code 75-10-602
  • Contamination: means impairment of the quality of state waters by sewage, industrial waste, or other waste creating a hazard to human health. See Montana Code 75-6-102
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Cross-connection: means a connection between a public water supply system and another water supply system, either public or private, or a wastewater or sewerline or other potential source of contamination so that a flow of water into or contamination of the public water supply system from the other source of water or contamination is possible. See Montana Code 75-6-102
  • Customary: means according to usage. See Montana Code 1-1-206
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-10-602
  • Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-10-701
  • Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-10-802
  • Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-6-102
  • Department: means the Montana department of fish, wildlife, and parks. See Montana Code 75-7-103
  • Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-8-103
  • Director: means the director of the department. See Montana Code 75-10-701
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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

  • Drainage: means rainfall, surface, and subsoil water. See Montana Code 75-6-102
  • Environment: means any surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the state of Montana or under the jurisdiction of the state of Montana. See Montana Code 75-10-701
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Facility: means :

    (i)any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or

    (ii)any site or area where a hazardous or deleterious substance has been deposited, stored, disposed of, placed, or otherwise come to be located. See Montana Code 75-10-701

  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiduciary: means a trustee, executor, administrator, personal representative, custodian, conservator, guardian, or receiver acting or holding property for the exclusive benefit of another person. See Montana Code 75-10-701
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreclosure: means acquisition of title to property through foreclosure, purchase at foreclosure sale, assignment or acquisition of title in lieu of foreclosure, repossession in the case of a lease financing transaction, or acquisition of a right to title or other agreement in full or partial settlement of a loan obligation. See Montana Code 75-10-701
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fund: means the environmental quality protection fund established in 75-10-704. See Montana Code 75-10-701
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hazardous or deleterious substance: means a substance that because of its quantity, concentration, or physical, chemical, or infectious characteristics may pose an imminent and substantial threat to public health, safety, or welfare or the environment and is:

    (a)a substance that is defined as a hazardous substance by section 101(14) of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U. See Montana Code 75-10-701

  • Hazardous substance: means :

    (i)any substance designated pursuant to section 311(b)(2)(A) of the federal Water Pollution Control Act;

    (ii)any element, compound, mixture, solution, or substance designated a hazardous substance by regulations promulgated by the administrator of the federal environmental protection agency pursuant to section 102 of CERCLA;

    (iii)any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the federal Solid Waste Disposal Act (but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by act of congress);

    (iv)any toxic pollutant listed under section 307(a) of the Federal Water Pollution Control Act;

    (v)any hazardous air pollutant listed under section 112 of the federal Clean Air Act; and

    (vi)any imminently hazardous chemical substance or mixture with respect to which the administrator of the environmental protection agency has taken action pursuant to section 7 of the federal Toxic Substances Control Act. See Montana Code 75-10-602

  • Hazardous waste: means a solid waste or combination of solid wastes that because of its quantity, concentration, or physical, chemical, or infectious characteristics may:

    (a)cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

    (b)pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed. See Montana Code 75-10-602

  • Household: means single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, day-use recreational areas, or similar structures or areas. See Montana Code 75-10-701
  • Household refuse: means garbage, trash, and sanitary wastes in septic tanks that are derived from a household. See Montana Code 75-10-701
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Industrial waste: means any waste substance from the processes of business or industry or from the development of a natural resource, together with any sewage that may be present. See Montana Code 75-6-102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Institutional control: means a restriction on the use of real property that mitigates the risk posed to public health, safety, and welfare and the environment. See Montana Code 75-10-701
  • Integrated waste management: means the coordinated use of a priority of waste management methods, as specified in 75-10-804. See Montana Code 75-10-802
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • Lake: means a body of standing water and the area within its lakeshore occurring naturally rather than by virtue of constructed impoundments (although a natural lake whose level is raised and whose area is increased by the construction of impoundments includes the additional level and area), having a water surface area of at least 160 acres for at least 6 months in a year of average precipitation as such averages are determined by the United States geological survey, not used exclusively for agricultural purposes, and navigable by canoes and small boats. See Montana Code 75-7-202
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Majority party: means the party with the most members in a house of the legislature, subject to subsection (2). See Montana Code 1-1-208
  • Maximum contaminant level: means the maximum permissible level of a contaminant in water that is delivered to a user of a public water supply system. See Montana Code 75-6-102
  • Minority party: means the party with the second most members in a house of the legislature, subject to subsection (2). See Montana Code 1-1-208
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Natural resources: means land, fish, wildlife, biota, air, surface water, ground water, drinking water supplies, and any other resources within the state of Montana owned, managed, held in trust, or otherwise controlled by or appertaining to the state of Montana or a political subdivision of the state. See Montana Code 75-10-701
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Operator: means the person engaged in operating or undertaking remediation actions at a coal-fired generating unit. See Montana Code 75-8-103
  • Orphan share: means the percentage share of remedial action costs for a facility that is attributable, under the procedures in 75-10-742 through 75-10-751, to identified but bankrupt or defunct persons who are not an affiliate of any viable person, unless affiliated by stock ownership. See Montana Code 75-10-701
  • Orphan share fund: means the fund for the orphan share account established in 75-10-743. See Montana Code 75-10-701
  • Other waste: means garbage, municipal refuse, decayed wood, sawdust, shavings, bark, lime, sand, ashes, offal, night soil, oil, grease, tar, heat, chemicals, dead animals, sediment, wrecked or discarded equipment, radioactive materials, solid waste, and all other substances that may pollute state waters. See Montana Code 75-6-102
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means a person who has a legal or equitable interest in property subject to this part or the person's legal representative. See Montana Code 75-8-103
  • Owns or operates: means owning, leasing, operating, managing activities at, or exercising control over the operation of a facility. See Montana Code 75-10-701
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, partnership, corporation, association, or other legal entity or any political subdivision of the state or federal government. See Montana Code 75-8-103
  • Person: means an individual, trust, firm, joint-stock company, joint venture, consortium, commercial entity, partnership, association, corporation, commission, state or state agency, political subdivision of the state, interstate body, or the federal government, including a federal agency. See Montana Code 75-10-701
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Person: means an individual, firm, partnership, company, association, corporation, city, town, local government entity, federal agency, or any other governmental or private entity, whether organized for profit or not. See Montana Code 75-6-102
  • Person: means any individual, corporation, firm, partnership, association, or other legal entity not covered under 87-5-502. See Montana Code 75-7-103
  • Personal property: All property that is not real property.
  • Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
  • Petroleum product: includes gasoline, crude oil (except for crude oil at production facilities subject to regulation under Title 82), fuel oil, diesel oil or fuel, lubricating oil, oil sludge or refuse, and any other petroleum-related product or waste or fraction of the product or waste that is liquid at standard conditions of temperature and pressure (60 degrees F and 14. See Montana Code 75-10-701
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pollution: means contamination or other alteration of the physical, chemical, or biological properties of state waters that exceeds that which is permitted by Montana water quality standards, including but not limited to standards relating to change in temperature, taste, color, turbidity, or odor or the discharge or introduction of a liquid, gaseous, solid, radioactive, or other substance into state water that will or is likely to create a nuisance or render the waters harmful, detrimental, or injurious to public health, recreation, safety, or welfare, to livestock, or to wild animals, birds, fish, or other wildlife. See Montana Code 75-6-102
  • Postconsumer material: means only those paper products generated by a consumer that have served their intended end uses and have been separated or diverted from the solid waste stream. See Montana Code 75-10-802
  • President: means the president of the United States. See Montana Code 75-10-602
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • 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
  • Property: means real and personal property. See Montana Code 1-1-205
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public sewage system: means a system of collection, transportation, treatment, or disposal of sewage that serves 15 or more families or 25 or more persons daily for any 60 or more days in a calendar year. See Montana Code 75-6-102
  • Public water supply system: means a system for the provision of water for human consumption from a community well, water hauler for cisterns, water bottling plant, water dispenser, or other water supply that has at least 15 service connections or that regularly serves at least 25 persons daily for any 60 or more days in a calendar year. See Montana Code 75-6-102
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
  • Reasonably anticipated future uses: means likely future land or resource uses that take into consideration:

    (a)local land and resource use regulations, ordinances, restrictions, or covenants;

    (b)historical and anticipated uses of a site where a coal-fired generating unit is located;

    (c)patterns of development in the immediate area; and

    (d)relevant indications of anticipated land use from an operator or owner, or both, of a coal-fired generating unit, affected property owners, and local planning officials. See Montana Code 75-8-103

  • Reasonably anticipated future uses: means likely future land or resource uses that take into consideration:

    (a)local land and resource use regulations, ordinances, restrictions, or covenants;

    (b)historical and anticipated uses of the facility;

    (c)patterns of development in the immediate area; and

    (d)relevant indications of anticipated land use from the owner of the facility and local planning officials. See Montana Code 75-10-701

  • Reclaimed wastewater: means wastewater that is treated by a public sewage system for reuse for private, public, or commercial purposes. See Montana Code 75-6-102
  • Recycling: means all activities involving the collection of recyclable material, including but not limited to glass, paper, or plastic; the processing of recyclables to prepare them for resale; the marketing of recovered material for use in the manufacture of similar or different products; and the purchase of products containing recycled material. See Montana Code 75-10-802
  • Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment but excludes:

    (a)any release that results in exposure to persons solely within a workplace, with respect to a claim that persons may assert against their employer;

    (b)emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine;

    (c)(i) the release of source, byproduct, or special nuclear material from a nuclear incident, as those terms are defined in the federal Atomic Energy Act of 1954, if the release is subject to requirements with respect to financial protection established by the nuclear regulatory commission under section 170 of that act; or

    (ii)for the purposes of section 104 of CERCLA or any other response action, any release of source byproduct or special nuclear material from any processing site designated under section 102(a)(1) or 302(a) of the federal Uranium Mill Tailings Radiation Control Act of 1978; and

    (d)the normal application of fertilizer. See Montana Code 75-10-602

  • Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of a hazardous or deleterious substance directly into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous or deleterious substance), but excludes releases confined to the indoor workplace environment, the use of pesticides as defined in 80-8-102 when they are applied in accordance with approved federal and state labels, and the use of commercial fertilizers, as defined in 80-10-101, when applied as part of accepted agricultural practice. See Montana Code 75-10-701
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remedial action: means those actions consistent with a permanent remedy taken instead of or in addition to removal actions in the event of a release or threatened release of a hazardous substance into the environment that prevent or minimize the release of hazardous substances so that they do not migrate to cause substantial danger to the present or future public health or welfare or the environment. See Montana Code 75-10-602
  • Remedial action: includes all notification, investigation, administration, monitoring, cleanup, restoration, mitigation, abatement, removal, replacement, acquisition, enforcement, legal action, health studies, feasibility studies, and other actions necessary or appropriate to respond to a release or threatened release. See Montana Code 75-10-701
  • Remedial action contract: means a written contract or agreement entered into by a remedial action contractor with the state, or with a potentially liable person acting pursuant to an order or request issued by the department, the United States, or any federal agency, to provide a remedial action with respect to a release or threatened release of a hazardous or deleterious substance. See Montana Code 75-10-701
  • Remedial action contractor: means :

    (a)any person who enters into and is carrying out a remedial action contract; or

    (b)any person who is retained or hired by a person described in subsection (22)(a) to provide services relating to a remedial action. See Montana Code 75-10-701

  • Remedial action costs: means reasonable costs that are attributable to or associated with a remedial action at a facility, including but not limited to the costs of administration, investigation, legal or enforcement activities, contracts, feasibility studies, or health studies. See Montana Code 75-10-701
  • Remediation: means all actions required by an applicable legal obligation directed exclusively toward achieving a degree of cleanup required in accordance with 75-8-107. See Montana Code 75-8-103
  • retire: means the complete and permanent closure of a coal-fired generating unit. See Montana Code 75-8-103
  • Reuse: means using a product in its original form for a purpose that is similar to or different from the purpose for which it was originally designed. See Montana Code 75-10-802
  • Safe Drinking Water Act: means 42 U. See Montana Code 75-6-102
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Several: means two or more. See Montana Code 1-1-201
  • Sewage: means water-carried waste products from residences, public buildings, institutions, or other buildings, including discharge from human beings, together with ground water infiltration and surface water present. See Montana Code 75-6-102
  • Source reduction: means the design, manufacture, purchase, or use of a material or product, including packaging, to reduce its amount or toxicity before it enters the solid waste stream. See Montana Code 75-10-802
  • Source water protection program: means a program administered by the department to certify source water protection delineation and assessment reports and source water protection plans and to review source water protection ordinances. See Montana Code 75-6-102
  • Special waste: means solid waste that has unique handling, transportation, or disposal requirements to ensure protection of the public health, safety, and welfare and the environment. See Montana Code 75-10-802
  • 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
  • State waters: means a body of water, irrigation system, or drainage system, either surface or underground. See Montana Code 75-6-102
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Stream: means any natural, perennial-flowing stream or river, its bed, and its immediate banks except a stream or river that has been designated by district rule as not having significant aquatic and riparian attributes in need of protection or preservation under 75-7-102. See Montana Code 75-7-103
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • 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
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transient noncommunity water system: means a public water supply system that is not a community water system and that does not regularly serve at least 25 of the same persons for at least 6 months a year. See Montana Code 75-6-102
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Venue: The geographical location in which a case is tried.
  • Vessel: when used in reference to shipping, includes ships of all kinds, steamboats and steamships, canal boats, and every structure adapted to be navigated from place to place. See Montana Code 1-1-207
  • Waste reduction: means practices that decrease the weight, volume, or toxicity of material entering the solid waste management stream. See Montana Code 75-10-802
  • Writing: includes printing. See Montana Code 1-1-203
  • Written consent of the supervisors: means a written decision of the supervisors approving a project and specifying activities authorized to be performed in completing the project. See Montana Code 75-7-103