Montana Code Annotated 2001

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     85-9-103. Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:
     (1) "Applicant" means any person residing within the boundaries of the proposed district making a request for a study of the feasibility of forming a conservancy district.
     (2) "Board of supervisors" means the board of supervisors of the soil and water conservation district in which the largest portion of the taxable valuation of real property of the proposed district is located.
     (3) "Cost of works" means the cost of construction, acquisition, improvement, extension, and development of works, including financing charges, interest, and professional services.
     (4) "Court" means the district court of the judicial district in which the largest portion of the taxable valuation of real property of the proposed district is located and within the county in which the largest portion of the taxable valuation of real property of the proposed district is located within the judicial district.
     (5) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.
     (6) "Directors" means the board of directors of a conservancy district.
     (7) "District" means a conservancy district.
     (8) "Elector" means a person qualified to vote under 85-9-421.
     (9) "Notice" means publication at least once each week for 3 consecutive weeks in a newspaper published in each county or, if no newspaper is published in a county, a newspaper of general circulation in the county or counties in which a district is or will be located. The last published notice shall appear not less than 5 days prior to any hearing or election held under this chapter.
     (10) "Owners" are the person or persons who appear as owners of record of the legal title to real property according to the county records whether such title is held beneficially or in a fiduciary capacity, except that a person holding a title for purposes of security is not an owner, nor may he affect the previous title for purposes of this chapter.
     (11) "Person" means a natural person, firm, partnership, cooperative, association, public or private corporation, including the state of Montana or the United States, foundation, state agency or institution, county, municipality, district or other political subdivision of the state, federal agency or bureau, or any other legal entity.
     (12) "Taxable valuation" is the value as defined in 15-8-111 and does not mean assessed valuation.
     (13) "Works" means all property, rights, easements, franchises, and other facilities, including but not limited to land, reservoirs, dams, canals, dikes, ditches, pumping units, mains, pipelines, waterworks systems, recreational facilities, facilities for fish and wildlife, and facilities to control and correct pollution.

     History: En. Sec. 3, Ch. 100, L. 1969; amd. Sec. 183, Ch. 253, L. 1974; amd. Sec. 71, Ch. 566, L. 1977; R.C.M. 1947, 89-3403(part).

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