Montana Code Annotated 2023

TITLE 85. WATER USE

CHAPTER 7. IRRIGATION DISTRICTS

Part 22. Miscellaneous Provisions

Irrigation Ditches -- Duties Relating To Safety

85-7-2211. Irrigation ditches -- duties relating to safety. An irrigation district or private person or entity owning or operating irrigation diversions, aqueducts, canals, ditches, drains, flumes, headgates, siphons, or other water conveyance structures or infrastructure shall keep these structures and infrastructure in good general repair and condition. For the purpose of protecting persons and property from injury or damage, the irrigation district, private person, or entity has no duty to:

(1) erect fences or other security measures;

(2) install grates or other protective devices where conveyed water goes underground or under a bridge or other object; or

(3) prevent access to water conveyance structures or facilities by persons or animals.

History: En. Sec. 1, Ch. 570, L. 1987; amd. Sec. 1, Ch. 305, L. 2021.