Mont. Code Ann. » TITLE 85. WATER USE · CHAPTER 7. IRRIGATION DISTRICTS · Part 19. Operation of Districts
Montana Code Annotated

Mont. Code Ann. § 85-7-1922 (2026)

Regulation, Supervision, Apportionment, And Control Of Water Distribution

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 85
  3. CHAPTER 7
  4. Part 19
  5. 85-7-1922 Regulation, supervision, apportionment, and control of water distribution

TITLE 85. WATER USE

CHAPTER 7. IRRIGATION DISTRICTS

Part 19. Operation of Districts

Regulation, Supervision, Apportionment, And Control Of Water Distribution

85-7-1922. Regulation, supervision, apportionment, and control of water distribution. (1) In addition to all other powers granted them by the laws of Montana, boards of commissioners of all irrigation districts organized under any law of this state may regulate, supervise, apportion, and control the furnishing and delivery of water through the distribution system of the district. The authority to regulate, supervise, apportion, and control does not apply to users who have water rights or ditch rights, established, acquired by court decree, use, appropriation or otherwise, at the time or prior to the organization of the district, without regard to whether the distribution system or a portion of the system belongs to the district or to the owner of lands served by the district.

(2) Notwithstanding the provisions of 85-7-1921 and the powers granted to the board of commissioners under subsection (1) of this section, the irrigation district is not required to:

(a) construct, operate, or maintain internal delivery systems; or

(b) divide irrigation water after the water is delivered to the established project delivery points.

History: En. Sec. 2, Ch. 63, L. 1935; re-en. Sec. 7207.2, R.C.M. 1935; R.C.M. 1947, 89-1614; amd. Sec. 4, Ch. 136, L. 1993.

Notes of Decisions
Cited in 4 cases, 1985–1996 · leading case: In re Establishment & Org. of the Ward Irrigation Dist., 701 P.2d 721 (Mont. 1985).
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In re Establishment & Org. of the Ward Irrigation Dist., 701 P.2d 721 (Mont. 1985). · cites it 12× “In this action, the Fosses claim that their Hayes and Camas Creek rights existed prior to the formation of the District; that the District is first using Hayes Creek and then Camas Creek as its ditch; and that pursuant to general water law principles and section 85-7-1922, MCA,…”
Love v. Harlem Irrigation Dist., 802 P.2d 611 (Mont. 1990). · cites it 4× “The right of an irrigation district to regulate, supervise and apportion water under § 85-7-1922, MCA, does not apply to users in the district who have water rights or ditch rights established by court decree, use, appropriation or otherwise.”
Montana v. United States Env't Prot. Agency, 941 F. Supp. 945 (D. Mont. 1996). · cites it 2× “Mont. Code Ann. § 85-7-1922 (1995). The JBC and the Irrigation Districts have filed numerous lawsuits involving the irrigation system on the Reservation.”
State of Mont. v. USEPA, 941 F. Supp. 945 (D. Mont. 1996). · cites it 2× “Mont. Code Ann. § 85-7-1922 (1995). The JBC and the Irrigation Districts have filed numerous lawsuits involving the irrigation system on the Reservation.”
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