Mont. Code Ann. » TITLE 3. JUDICIARY, COURTS · CHAPTER 7. WATER COURTS · Part 2. Water Judges
Montana Code Annotated

Mont. Code Ann. § 3-7-221 (2026)

Appointment Of Chief Water Judge And Associate Water Judge -- Terms Of Office

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  1. MCA Contents
  2. TITLE 3
  3. CHAPTER 7
  4. Part 2
  5. 3-7-221 Appointment of chief water judge and associate water judge -- terms of office

TITLE 3. JUDICIARY, COURTS

CHAPTER 7. WATER COURTS

Part 2. Water Judges

Appointment Of Chief Water Judge And Associate Water Judge -- Terms Of Office

3-7-221. Appointment of chief water judge and associate water judge -- terms of office. (1) The chief justice of the Montana supreme court shall appoint a chief water judge as provided in Title 3, chapter 1, part 9. The chief justice of the Montana supreme court may appoint an associate water judge.

(2) To be eligible for the office of chief water judge or associate water judge, a person shall have the qualifications for district court or supreme court judges found in Article VII, section 9, of the Montana constitution.

(3) The term of office of the chief water judge and the associate water judge is 4 years, subject to continuation of the water divisions by the legislature.

History: En. Sec. 1, Ch. 442, L. 1981; amd. Sec. 7, Ch. 651, L. 1987; amd. Sec. 3, Ch. 335, L. 2011; amd. Sec. 9, Ch. 62, L. 2021.

Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 1984–2025 · leading case: State ex rel. Wilcox v. Dist. Court of the Thirteenth Jud. Dist., 678 P.2d 209 (Mont. 1984).
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State ex rel. Wilcox v. Dist. Court of the Thirteenth Jud. Dist., 678 P.2d 209 (Mont. 1984). · cites it 3× “Section 3-7-221, MCA. Judge Lessley and Judge Thomas, both retired district judges, are presently serving in such capacities and exercising judicial functions.”
McDonald v. Jacobsen, 2022 MT 160, 515 P.3d 777. · cites it 2× “…§ 6(3) (temporary reassignment of District Court judges), 8(2) (appointment of replacements for judicial vacancies); § 3-7-221, MCA (water judge appointment); § 3-1-1602, MCA (district court council); § 3-1-1101, MCA (judicial standards commission); § 3-1-901, MCA (judicial…”
State ex rel. Wilcox v. DIST. CT. OF 13TH JUD., 678 P.2d 209 (Mont. 1984). · cites it 3× “Section 3-7-221, MCA. Judge Lessley and Judge Thomas, both retired district judges, are presently serving in such capacities and exercising judicial functions.”
In the Matter of the Appointment of Water Judges, No. AF 09-0379 (Mont. July 27, 2021). · cites it 3× “62, §§ 1-7 the Judicial Branch solicited applications for the appointment as well as public comment on the applicant. Having considered the abilities, background, and qualifications ofthe applicant, Russell McElyea satisfied all the requirements for the position, and I have…”
MNC v. A. Knudsen, 2025 MT 268. · cites it 3× “Section 3-7-221(1), MCA (Chief Justice appoints chief water judge); § 2-15-1707(2), MCA (governor shall appoint workers’ compensation judge); § 3-11-201, MCA (city judges are elected or appointed); § 3-12-201(1), MCA (judges of judicial district shall appoint small claims court…”
Mont. Code Ann. § 3-7-221(1): 1 case
MNC v. A. Knudsen, 2025 MT 268. “Section 3-7-221(1), MCA (Chief Justice appoints chief water judge); § 2-15-1707(2), MCA (governor shall appoint workers’ compensation judge); § 3-11-201, MCA (city judges are elected or appointed); § 3-12-201(1), MCA (judges of judicial district shall appoint small claims court…”
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