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68th Legislature 2023 HB 418.1
1 HOUSE BILL NO. 418
2 INTRODUCED BY R. FITZGERALD
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LIMITATIONS ON IRRIGABLE ACREAGE WITHIN AN
5 IRRIGATION DISTRICT; PROVIDING A DEFINITION; AND AMENDING SECTION 85-7-1837, MCA.”
6
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
8
9 Section 1. Section 85-7-1837, MCA, is amended to read:
10 "85-7-1837. Limitation on irrigable acreage -- special election or petition. (1) The board of
11 commissioners of an irrigation district shall, when authorized as provided in subsection (2), limit the amount of
12 acreage within any f arm operation in the district that may be serviced by the district.
13 (2) In determining whether to impose an acreage limitation on a particular f arm operation:
14 (a) the board of commissioners may submit the question to the qualif ied electors of the district by
15 election as provided in 85-7-1712; or
16 (b) the limitation may be imposed based on a petition signed by not less than 60% of landowners
17 representing not less than 60% of the irrigated land within the boundaries of the irrigation district.
18 (3) If a limitation is imposed by special election or petition, the minimum acreage limit that may be
19 imposed is 960 acres of land owned or leased by any individual or legal entity a qualif ied recipient.
20 (4) An irrigation district that has imposed an acreage limitation may require certif ication of acreage
21 and designation of excess acreag e by the electors. Except as provided in subsection (5), the district may
22 withhold water on all acres designated as excess acres.
23 (5) An individual A qualif ied recipient or legal entity that owns or leases irrigated acreage in excess
24 of the limitation at the time the process of imposing a limitation begins may continue operations without penalty
25 and without having water withheld as long as the ownership or lease remains with that individual or legal entity.
26 (6) The board of commissioners may adopt regulatio ns necessary to administer the provisions of
27 this section.
28 (7) For the purposes of this section, "qualif ied recipient" means an individual, married couple,
-1- Authorized Print Version – HB 418
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68th Legislature 2023 HB 418.1
1 corporation, trust, or partnership that operates as an individual, independent f arm operation."
2 - END -
-2- Authorized Print Version – HB 418


Statutes affected:
HB0418_1.pdf: 85-7-1837
HB0418_2.pdf: 85-7-1837
HB0418_X.pdf: 85-7-1837
Amended: 85-7-1837
Introduced: 85-7-1837