Montana § 85-5-402 Appointment Of Commissioner Prior To Final Decree

Montana Statutes

§ 85-5-402 — Appointment Of Commissioner Prior To Final Decree

Montana § 85-5-402

Title 85WATER USE

Ch. 5WATER COMMISSIONERS AND WATER MEDIATORS

Part 4Water Ditches Under Joint or Corporate Control

This text of Montana § 85-5-402 (Appointment Of Commissioner Prior To Final Decree) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 85-5-402 (2026).

Text

85-5-402 . Appointment of commissioner prior to final decree. After the filing of the complaint in an action under 85-5-401 , the court may, upon 5 days' notice to the other parties to the action, appoint a commissioner to divide and distribute the waters of the ditch to the respective parties, according to their respective rights, during the pendency of the action. The court may, upon good cause shown, appoint a commissioner without notice, and when a commissioner is appointed without notice, any party to the action may, on 5 days' notice to the plaintiff, move the court or judge to vacate the appointment or to modify the order as to the distribution of the waters of the ditch. The court or judge, on hearing, may affirm, vacate, or modify the order previously made. Each water commissioner

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85-5-402 . Appointment of commissioner prior to final decree. After the filing of the complaint in an action under 85-5-401 , the court may, upon 5 days' notice to the other parties to the action, appoint a commissioner to divide and distribute the waters of the ditch to the respective parties, according to their respective rights, during the pendency of the action. The court may, upon good cause shown, appoint a commissioner without notice, and when a commissioner is appointed without notice, any party to the action may, on 5 days' notice to the plaintiff, move the court or judge to vacate the appointment or to modify the order as to the distribution of the waters of the ditch. The court or judge, on hearing, may affirm, vacate, or modify the order previously made. Each water commissioner appointed shall subscribe to an oath of office before commencing the discharge of duties.

Legislative History

Ap. p. Sec. 2, Ch. 181, L. 1919; re-en. Sec. 7153, R.C.M. 1921; re-en. Sec. 7153, R.C.M. 1935; Sec. 89-1018, R.C.M. 1947; Ap. p. Sec. 3, Ch. 181, L. 1919; re-en. Sec. 7154, R.C.M. 1921; re-en. Sec. 7154, R.C.M. 1935; Sec. 89-1019, R.C.M. 1947; R.C.M. 1947, 89-1018, 89-1019(part); amd. Sec. 2780, Ch. 56, L. 2009.