Montana Code Annotated 2023

TITLE 85. WATER USE

CHAPTER 9. CONSERVANCY DISTRICTS

Part 4. Organization and Procedure

Condemnation Authorized

85-9-410. Condemnation authorized. The district may exercise the right of eminent domain, as provided in Title 70, chapter 30, when the taking is necessary for the purposes of the district. Water rights are not subject to taking but may be taken as an incident to the condemnation of land to which the water rights are appurtenant when the taking of the land is the principal purpose of the condemnation.

History: En. Sec. 20, Ch. 100, L. 1969; R.C.M. 1947, 89-3420; amd. Sec. 108, Ch. 125, L. 2001.