Geil v. Missoula Irrigation District

2002 MT 269, 59 P.3d 398, 312 Mont. 320, 2002 Mont. LEXIS 533
CourtMontana Supreme Court
DecidedNovember 26, 2002
Docket01-364
StatusPublished
Cited by27 cases

This text of 2002 MT 269 (Geil v. Missoula Irrigation District) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Geil v. Missoula Irrigation District, 2002 MT 269, 59 P.3d 398, 312 Mont. 320, 2002 Mont. LEXIS 533 (Mo. 2002).

Opinions

JUSTICE LEAPHART

delivered the Opinion of the Court.

[323]*323¶1 The Missoula Irrigation District (MID) appeals from the Fourth Judicial District Court’s final order excluding Helen Geil-Hoeg’s property from the MID. We affirm.

¶2 We re-state the issues on appeal as follows:

¶3 (1) Does the MID have standing to challenge the constitutionality of §§ 85-7-1802(2) and 85-7-1846, MCA (1997)?

¶4 (2) Does Senate Bill 284, codified as § 85-7-1802(2), MCA (1997), deny equal protection under the law?

¶5 (3) Do §§ 85-7-1802(2) and 85-7-1846, MCA (1997), deny due process of the law?

¶6 (4) Does the doctrine of res judicata prohibit the exclusion of land from the MID?

FACTUAL AND PROCEDURAL BACKGROUND

¶7 This case involves hundreds of petitions alleging, basically, “taxation without irrigation.” The petitioners claim that they cannot feasibly obtain the irrigation water encompassed by the MID, and, as such, they should not be required to pay a yearly tax for irrigation services. Unable to access the irrigation waters to dump their tea in protest, the petitioners have chosen instead to take their cause first to the legislature, then to the courts.

¶8 It all began on October 14,1922. On this date, the Fourth Judicial District Court issued a Decree creating the MID. The MID was a successor to the Miller-Kelly-Cave-Gannon Consolidated Irrigation Ditch which was established by the District Court in 1905. In 1909, following establishment of the ditch company, the legislature authorized establishment of irrigation districts.

¶9 As set forth in the 1922 Decree, the District Court heard testimony regarding the necessity and utility of the proposed district as well as the character of the lands sought to be included in the district. Satisfied that all of these lands were susceptible to irrigation from the local river and that the petitioners met all of the statutory requirements to establish an irrigation district, the District Court charged the MID with the operation, maintenance and complete administration of the irrigation district. It also decreed that the water rights of the landowners were not intended to be disturbed by the establishment of the MID. Essentially, the MID was created so that the users of the irrigation waters could equitably administer the water in the ditches and establish a taxation system to pay for irrigation expenses.

¶10 Until 1997, landowners throughout the state could petition for [324]*324exclusion from an irrigation district as set forth in § 85-7-1802, MCA. This provision, originally enacted in 1909, provides that whenever lands within an irrigation district cannot be successfully irrigated by the irrigation system in place or proposed, or if the cost of irrigating will become burdensome,

a majority in number of the holders of title or evidence of title to the land included in such district (such holders of title or evidence of title also representing a majority in acreage of said lands) may petition the district court of the county in which the lands of the district or the greater portion thereof are situated for an order or decree changing the boundaries of the district by the elimination therefrom of such lands.

Section 85-7-1802, MCA (1995).

¶11 In 1997, the Montana legislature passed Senate Bill 284 (the Act). The Act allowed the exclusion of certain small tracts of urbanized land from an irrigation district and, thus, future tax assessments, if the land was not served by the irrigation district. Section 3 of the Act temporarily amended § 85-7-1802, MCA, described above, to provide less stringent exclusion requirements for these tracts of land. The parties dispute whether the purpose of the legislation was to assure that the Act would only apply to the MID and no other irrigation districts in the state. The parties agree, however, that the only exclusions granted pursuant to the legislation were to petitioners with tracts of land within the MID.

¶12 The amendment to § 85-7-1802, MCA, provided:

Whenever a tract of record is located within an irrigation district that is partially within or adjacent to a first-class city that had a population greater than 40,000 and less than 55,000 as shown by the 1990 census, is 3 acres or smaller in size, is located within 5 miles of the exterior boundary of an incorporated city, and is not served by any district canal, system, facility, or other undertaking, the owner of the tract may petition to eliminate the tract from a district pursuant to 85-7-1846. (Terminates December 31, 1998 - Sec. 5, Ch. 306, L. 1997)

Section 85-7-1802(2), MCA (1997).

¶13 Pursuant to Section 1 of the Act, codified at § 85-7-1846, MCA (1997), the exclusion requirements for petitioners who met these geographical criteria were, until the sunset date of December 31,1998, less stringent than the requirements for other petitioners in the state who did not meet the criteria. These other petitioners remained bound by § 85-7-1802(1), MCA (1997). Throughout the remainder of this [325]*325opinion, and unless otherwise indicated, we will refer to the 1997 version of §§ 85-7-1802 and 85-7-1846, MCA.

¶14 The less stringent exclusion requirements under § 85-7-1846, MCA, provided:

Small-tract petition to exclude land from district. (1) When an irrigation district has become urbanized to such a degree that the average parcel size in the district is less than 3 acres, a person holding title to a tract of land meeting the criteria in 85-7-1802(2) may petition the district court for an exclusion of the person’s tract from an irrigation district, a subdistrict, or a combination of a district and subdistrict. The petition must be signed by all persons who hold title to the tract to be excluded and must specify:
(a) the name of the irrigation district;
(b) the name and address of the persons holding title to the tract;
(c) evidence of title to the tract to be excluded, as provided in 85-7-101 and 85-7-102;
(d) a copy of a map or plat of the irrigation district showing the location of the tract sought to be excluded and the relation of that land to the works of the district;
(e) a statement, corroborated by adequate documentation, that the users of the tract do not and cannot feasibly obtain water from the irrigation district through existing irrigation works;
(f) a copy of a recent tax statement documenting assessment of the tract by the irrigation district; and
(g) a request that the tract be excluded.
(2) Prior to filing the petition with the court, the petitioner shall mail a copy of the completed petition to the irrigation district subject to the petition.
(3) The petitioner shall file the petition, proof of mailing pursuant to subsection (2), and a $20 fee with the clerk of the district court for the court in which the irrigation district was created.
(4) Within 15 days of the date of the filing of the petition, the irrigation district may file an objection to the petition.

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Bluebook (online)
2002 MT 269, 59 P.3d 398, 312 Mont. 320, 2002 Mont. LEXIS 533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geil-v-missoula-irrigation-district-mont-2002.