85-9-206. Court hearing on petition -- election -- limits on court jurisdiction. - Montana Statutes

     85-9-206. Court hearing on petition -- election -- limits on court jurisdiction. (1) Upon receipt of a petition for organizing a district, the court shall give notice and hold a hearing on the petition. If the court finds that the petition should be granted, it shall:
     (a) make and file findings of fact specifying those lands that will be directly or indirectly benefited by the proposed district and exclude those lands that will not be benefited;
     (b) make an order fixing the time and place of an organizing election;
     (c) order the election administrator to conduct the election in accordance with the provisions of Title 13;
     (d) order and decree the district organized if the requisite number of eligible electors vote in favor of organization.
     (2) In order for the district to be organized, 51% or more of the eligible electors must vote in the election, and a majority of those voting must vote in favor of organization. The election must be conducted by mail ballot, as provided in Title 13, chapter 19, or must be held in conjunction with a regular or primary election.
     (3) This chapter does not confer upon the court jurisdiction to hear, adjudicate, and settle questions concerning the priority of appropriation of water between districts and other persons. Jurisdiction to hear and determine priority of appropriation and questions of right growing out of or in any way connected with a priority of appropriation is expressly excluded from this chapter and must be determined as otherwise provided by the laws of Montana.

     History: En. Sec. 9, Ch. 100, L. 1969; R.C.M. 1947, 89-3409; amd. Sec. 373, Ch. 571, L. 1979; amd. Sec. 69, Ch. 387, L. 1995; amd. Sec. 14, Ch. 234, L. 1997.