Title 7, Title 7

The person, association, or corporation owning or constructing a pipeline or other required infrastructure: (1) shall compensate a county for any damages done to any road or highway in the laying, construction, or maintenance of a pipeline, broadband, or other required infrastruc…

Nothing contained in 7-13-2101 through 7-13-2103 shall be construed as in any manner affecting any of the terms and provisions of Title 70, chapter 30.

Unless the context clearly requires otherwise, as used in this part and part 23, the following definitions apply: (1) "Board" or "board of directors" means the board of directors of the district elected or appointed as provided in 7-13-2231. (2) "County" means one or more countie…

Nothing in this part and part 23 shall be so construed as repealing or in any wise modifying the provisions of any other act relating to water or sewers or the supply of water to or the acquisition thereof by counties or municipalities within this state.

(1) A county water and/or sewer district may be organized and incorporated and managed as herein expressly provided and may exercise the powers herein expressly granted or necessarily implied. (2) The people of any county or counties or portion of a city or a county or city and c…

(1) A petition, which may consist of any number of separate instruments, must be presented at a regular meeting of the board of county commissioners of the county in which the proposed district is located, signed by at least 10% of the qualified electors of the territory included…

(1) The text of the petition referred to in 7-13-2204 shall be published as provided in 7-1-2121 in every county in which said territory lies. (2) When contained upon more than one instrument, one copy only of such petition need be published. No more than five of the names attach…

(1) At the time for the hearing, the board of county commissioners shall hear the petition and those appearing thereon, together with such written protests as shall have been filed with the county clerk and recorder prior to such hearing by or on behalf of owners of taxable prope…

No defect in the contents of the petition or in the title to or form of the notice or signatures or lack of signatures thereto shall vitiate any proceedings thereon, provided such petition or petitions have a sufficient number of qualified signatures attached thereto.

(1) On the final hearing provided for in 7-13-2206, the board of county commissioners shall make any changes in the proposed boundaries within the county that are considered advisable and shall define and establish the boundaries. The board of county commissioners may not modify …

A person whose lands are benefited by the district may, in the discretion of the board of county commissioners, have the lands included within the proposed district upon application to the board of county commissioners of the county in which the lands are located.

Notice of an election on whether a district should be incorporated must be provided in accordance with 13-1-108 and must include a description of the boundaries established and state the proposed name of the proposed district. The name must contain the words ".... County water an…

At the election on whether a district should be incorporated, the proposition to be submitted must be: "Shall the proposition to organize .... County water and/or sewer district under parts 22 and 23 of chapter 13 of Title 7 be adopted?"

(1) An individual is qualified to vote in any election under the provisions of part 23 and this part if the individual is a qualified voter pursuant to 13-1-111, not including 13-1-111(1)(a) and (1)(c), and is: (a) a resident of the proposed or existing district; (b) an owner of …

In case less than a majority of the votes cast are in favor of said proposition, the organization fails but without prejudice to renewing proceedings at any time in the future.

(1) If at least 40% of all qualified electors vote in favor of creating a district, the board of county commissioners of each affected county shall, by an order entered on its minutes, declare the territory enclosed within the proposed boundaries duly organized as a county water …

(1) Upon the receipt of the certificate referred to in 7-13-2214(2) or the certified copy of the order referred to in 7-13-2208(3), the secretary of state shall, within 10 days, issue a certificate reciting that the district (naming it) has been incorporated according to the laws…

(1) A finding of the board of county commissioners in favor of the genuineness and sufficiency of the petition and notice shall be final and conclusive against all persons except the state of Montana upon suit commenced by the attorney general. Any such suit must be commenced wit…

(1) Any district incorporated as provided in this part and part 23 shall have power to: (a) have perpetual succession; (b) sue and be sued, except as otherwise provided herein or by law, in all actions and proceedings in all courts and tribunals of competent jurisdiction; (c) ado…

A district that is incorporated as provided in this part may: (1) construct, purchase, lease, or otherwise acquire and operate and maintain water rights, waterworks, sanitary sewerworks, storm sewerworks, canals, conduits, reservoirs, lands, and rights useful or necessary to stor…

The board of directors shall have power to construct works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch, or flume which the route of said works may intersect or cross; provided such works are constructed in such manner as to afford secur…

The right-of-way is given, dedicated, and set apart to locate, construct, and maintain district works over and through any lands which are the property of this state, and the district has the same rights and privileges relating to the right-of-way as are granted to municipalities…

(1) Any district incorporated as provided in this part may: (a) accept funds and property or other assistance, financial or otherwise, from federal, state, and other public or private sources for the purposes of aiding the construction or maintenance of water or sewer development…

The provisions of Title 13, chapter 1, part 5, govern all district elections provided for under this part and part 23.

(1) The board of county commissioners in its discretion may combine in one election the election on the formation of the district, the election of directors, the election on incurring bonded indebtedness, and, if applicable, the vote on the proposed monthly salary for members of …

A county water and/or sewer district system shall supply water and sewer services to a subdivision proposed for review under Title 76, chapter 3 or 4, if: (1) the proposed subdivision requests the connection; (2) a boundary of the subdivision is within 501 to 1,000 feet of any co…

(1) A district whose boundaries include a municipality or unincorporated territory may include on its board of directors a nonvoting ex officio member or members as allowed in 7-13-2232. (2) A nonvoting ex officio member: (a) must be appointed by the mayor of the municipality or …

(1) The district shall elect a board of directors, except as provided in subsection (2). (2) If no qualified electors reside in the district at a time when directors of the district are to be elected, the directors must be appointed in a certificate of appointment. The certificat…

(1) Except as provided in subsection (4), the board of directors must consist of five elected members or three elected members if there are 10 or fewer qualified electors in the district. (2) If the boundaries of the district include a municipality, the board may include one addi…

(1) To be eligible for election or appointment to a board of directors, an individual must be: (a) registered to vote as required by law; (b) 18 years of age or older; (c) a citizen of the United States; and (d) a resident of the district or an owner of real property in the distr…

(1) The term of office of a director begins on the first Monday of the month following the date of the director's election or appointment. A director, elected or appointed, shall hold office until the term of office of the director's successor begins. (2) Except as provided in su…

(1) A declaration of candidacy must be filed with the election administrator within the time period specified in 13-1-502. The election administrator shall endorse on the declaration the date on which it was presented. (2) If the district lies in more than one county, the declara…

If a person elected fails to qualify, the office must be filled as if there were a vacancy in the office as provided in 7-13-2262(1).

The mode of appointment of a director, including the appointment of a nonvoting ex officio board member, by a mayor or by a board of county commissioners must be by certificate of appointment signed by the mayor or issued by the board of county commissioners and transmitted to th…

In municipalities in which there is no mayor, the duty imposed upon said officer by the provisions of this part and part 23 shall be performed by the president of the board of trustees or other chief executive of the municipality.

Every incumbent of an elective office, whether elected by popular vote for a full term, elected by the board of directors to fill a vacancy, or appointed by a mayor or the board of commissioners for a full term, is subject to recall by the qualified electors of any district organ…

(1) (a) Except as provided in subsections (2) through (4), any vacancy in the board of directors, whether the vacant office is elective or appointive, must be filled by majority vote of the remaining directors. (b) A vacancy must be determined in accordance with 7-13-2263. (2) If…

A vacancy is created when any of the following events occurs before the expiration of the term of the incumbent: (1) death; (2) a determination pursuant to Title 53, chapter 21, part 1, that the incumbent is mentally ill; (3) resignation; (4) removal from office; (5) neglect or r…

(1) A new board of directors shall hold its first meeting on the sixth Monday after the election of directors. It shall choose one of its members president and shall provide for the time and place of holding its meetings and the manner in which its special meetings may be called.…

(1) The president shall sign all contracts on behalf of the district and perform other duties as may be imposed by the board of directors. (2) The president may propose a monthly salary in excess of the amounts provided in 7-13-2273(2) for the members of the board of directors. T…

(1) Each of the members of the board of directors may receive a monthly salary. (2) Except as provided in subsection (3), a salary may not exceed the following amounts: (a) $60 in districts with a population of no more than 500 persons; (b) $80 in districts with a population that…

(1) All legislative sessions of the board of directors, whether regular or special, must be open to the public. Notice of the sessions must be given and the sessions must be held in compliance with the requirements of Title 2, chapter 3, parts 1 and 2. (2) A majority of the board…

(1) The ayes and noes must be taken upon the passage of all ordinances or resolutions and entered upon the journal of the proceedings of the board of directors. An ordinance or resolution may not be passed or become effective without the affirmative votes of at least a majority o…

(1) Ordinances may be passed by the qualified electors of any district organized under the provisions of this part and part 23 in accordance with the methods provided by the general laws of the state for direct legislation applicable to cities and towns. (2) Ordinances may be rep…

(1) The board of directors shall, at its first meeting or as soon thereafter as practicable, appoint by a majority vote a general manager and a secretary. A director may not be the general manager or the secretary. The board of directors may assign the district's operator, as def…

(1) The general manager has full charge and control of the maintenance, operation, and construction of all works and systems of the district, with full power and authority to employ and discharge all employees and assistants at pleasure and prescribe their duties, and shall, subj…