OPERATING BYLAWS OF THE FLATHEAD IRRIGATION DISTRICT
Sanders and Lake County, Montana
Amended Septembe1· 23,2019
ARTICLE I. LOCATION
District office Located at 534 Main Street, Saint Ignatius, Montana 59865. The Board of
Commissioners (the “Board” of”Commissioners”) may change the principal office of the District
within the State of Montana as it may determine from time to time in its sole discretion, For
purposes of controlling and limiting costs, both administrative and operation and maintenance, for
administrative efficiency, for other District related purposes, and in the best interests of the District as determined by the Board, the District may enter into a contract with other Districts to share the office space and administrative capacities and coordinate the fulfillment of the responsibilities of the Districts, including, as allowed under state law, Title 85, Chapter 7, Part 16, Montana Code Annotated, to conduct joint operations by creating a joint board of control.
ARTICLE II.
DISTRICT POWERS AND DUTIES; COMMISSIONER OBLIGATIONS
Section l. Nature of District. The District exists for the benefit of its irrigator-constituents. The
District is, and holds itself to the standards of, a local government under Montana law. It exercises
its powers and authorities under law and fulfills its duties to irrigators through its Commissioners,
who are responsible directly to irrigators to make decisions and take actions for the general benefit
of all irrigators and without pursuing their self-interest. The District owns property, disposes of
property, and makes decisions regarding its property only for the benefit of irrigators. The District
may own some property only as to its legal title and as a fiduciary, for the benefit of irrigators, who
may own the beneficial title. In any case, the District’s powers and authorities, including owning
and protecting property, exist only to fulfill its duties to irrigators.
Section 2. Legal Powers and Responsibilities of District. The District possesses all the powers
and authorities and all the responsibilities established in the law of the state of Montana and
applicable federal law. These may be supplemented in accordance with law, through these bylaws,
and they may be directed or limited, in accordance with law, through these bylaws only where that
intention is clear.
Section 3. Commissioners Obligated to Act Without Self-Interest or Conflict of interest. As
democratically-elected of local governments, District Commissioners are obligated under these
bylaws and Montana law, Title 2, Chapter 2, Part 1, Code of Ethics, Part 2, Proscribed Acts Related
to Contracts and Claims, and Part 3 Nepotism, to make decisions and take actions for the best
interest of irrigators, not in their own self-Interest, and without any conflict of interest. All District
Commissioners, by taking the oath of office, agree to fulfill their public duties without regard to
their private interests, and assert and promise their strict compliance with these and all other
applicable legal standards of conduct regarding the execution of their duties; and they agree that
any ruling of a tribunal, authority, or court of competent jurisdiction to the effect that they are in
violation of such duties, even if they are not specifically named and identified as a violator, will
result in their promptly taking action to either come into compliance with such ruling or resign as
a District Commissioner.
ARTICLE ill. ELECTORS
Section 1. Electors. Electors of the District are determined by state statute, specifically 85-7-1710,
Montana Code Annotated (2013), and generally include every person 18 years of age or older,
whether a resident of the District or State or not, who is an owner of a purchaser under a recorded
contract of purchase or other instrument of fee title to intangible land situated within the District and
subject to other charges or assessments of the District.
Section 2, Voting rights of Electors,
(1) Multiple Ownerships. If ownership is in estates by the entirety, tenants in common, or in
other cases of multiple ownership, only one vote shall be allowed on behalf of all the
owners. Representatives of the owners are entitled to vote on behalf of all the owners, as
determined by those owners. The Elections Administrator may require proof of this
determination by the owners before allowing one to cast the votes.
(2) Corporate ownerships. Any corporation may vote as a single owner of land through any
officer or agent when the officer or agent is authorized to vote by the corporation and the
written authorization is filed with the Secretary of the District and/or the County elections
Office.
(3) General Partnership, etc. Any general partnership, limited partnership or limited liability
company may vote as a single owner of land through any general partner, member or agent
when the general partner, member or agent is authorized to vote by the entity and written
evidence of the authority of the general partner, member or agent is filed with the Secretary
of the district.
(4) Representative Ownerships. Any trustee of a trust, guardian, administrator or executor
authorized to act as such of a person or estate owning land with the District shall be
considered an owner of land for the purposes of the Irrigation District Law, when the owner
in fee is not otherwise entitled to vote.
(5) Weighted Voting on a per-acre basis. In accordance with state statute, 85-7-1710, MCA,
which in general entitles an owner of land or elector to cast as many votes as equal the
number of irrigable acres or major fractions of an acre he or she owns within the District
that is subject to the charges or assessments of the District on the basis an acre he or she
owns within the District that is subject to the charges or assessment of the Districts.
(6) Termination as Elector. One ceases to be an elector if one is no longer an owner of land
within the District subject to the charges or assessments of the District.
ARTICLE IV. ELECTIONS
Section 1. Annual Elections. A mail-in ballot election shall be held concluding on the 151 Tuesday
afte1· the 1st Monday in May of each year, at which one or more Commissioners shall be elected.
Section 2. Mail Ballot Elections. Upon resolution adopted by the Commissioners, any regular or
special election may be conducted by mail as provided in MCA 13-19-106.
Section 3. Special Elections-Binding and non-binding. Pursuant to 85-7-1712. MCA. A special
election may be called at any time by resolution of the Commissioners an election is required or,
in the judgment of the Board is proper to be submitted to popular vote. If the outcome of a special
election is intended to be binding on the Board, such election shall be conducted as required by
Title 13, MCA. If the board intends a special election to be non-binding, it must declare that
intention in the resolution calling the election, stating the reasons for that intention. It may then conduct the election either in accordance with Title 13, MCA or as nearly as practicable and in
reasonable accordance with electoral fairness and due process.
Section 4. Absentee Voting. Electors of the District shall be entitled to vote by absentee ballot in
compliance with state law.
ARTICLE V. COMMISSIONERS
Section 1. Board of Commissioners. The affairs of the District shall be managed by the Board of
Commissioners. Commissioners must be residents of the State of Montana and an owner, or
shareholder of a corporate owner, of land within the District, and otherwise qualify for election as
a Commissioner under the laws of Montana.
Section 2. Number and Term of Office. The number of Commissioners constituting the Board of
Commissioners will be five. (5). The term of office of Commissioners is three (3) years. A
Commissioner shall hold office from the first Tuesday in May to the first Tuesday in May following
the next election for that position when a qualified successor is seated.
Section 3. Quorum. A majority of the members of the Board of Commissioners shall constitute a
quorum for the conduct of business by the District, except as provided in section 4 below taking
official action of the board.
Section 4. Action of Board. The Board may take official action only upon a majority vote of its
Commissioners.
Section 5. Public Meetings and Records. All meeting of the Commissioners shall be public and
all records of the Board of Commissioners shall be open to public inspection during business hours.
Section 6. Vacancies. Any vacancy to the Board shall be filled for the unexpired portion of the
term by appointment of a qualified individual concurred in by a majority vote of the remaining
Commissioners, at any regular monthly meeting or special meeting called for such purpose. A
vacancy shall be filled as provided by law.
Section 7. Election to Fill Vacancy. If a vacancy in the Board occurs less than 25 days before a
regular annual Commissioners election, the vacancy shall be filled at the next regular annual
Commissioners election.
Section 8. Recall of Commissioners.
(1) Any person holding a public office of the state or any of its political subdivisions, either
by election or appointment, is subject to recall from office.
(2) A public officer holding an elective office may be recalled by the qualified electors entitled
to vote for the elective officer’s successor. A public officer holding an
appointive office may be recalled by the qualified electors entitled to vote for the
successor or successors of the elective office or officers who have the authority to appoint
a person to that position.
(3) Physical or mental lack of fitness, incompetence and violations of the oath of office, official
misconduct or conviction of a felony offense enumerated in Title 45 are the only grounds for recall. A person may not be recalled for performing a mandatory duty of the office that
the person holds or for not performing any act the, if performed, would subject the person
to prosecution for official misconduct. MCA 2-16-603
Section 9. Compensation and Expenses of Commissioners.
(1) The commissioners, when sitting as a board or when engaged in the business of the District
are entitled to compensation at an amount determined by a majority vote of the board for
each day that they are actually and necessarily engaged in the performance of irrigation
District duties. The amount of compensation determined by the board may be no greater
than $100.00.
(2) The commissioners are also entitled to reimbursement for expenses, as provided in
MCA 2-18-501 through MCA 2718-503, and for their necessary expenses when otherwise
engaged in District business. MCA 85-7-1505.
ARTICLE VI. OFFICERS
Section 1. Officers. The District shall have the following officers: a Chairman; one or
more Vice-Chairman (as determined by the Board of Commissioners); a Secretary; and
such other officers as may be elected by the Board of Commissioners in accordance with
these Bylaws and law. Such officers who are elected or appointed by the Board shall have
such authority and pe1form such duties as are designated from time to time by the Board.
The same person may not hold more than one office.
Section 2. Election and Term of Office. The Board of Commissioners shall elect a
Chairman and a Vice-Chairman from their number and shall appoint a Secretary of the
District, on an annual basis at the annual meeting of the Board, or as soon thereafter as
practicable. At any annual meeting thereof, the Board may create such new offices and
elect new officers as they deem appropriate. Each officer shall hold office until such
officer’s successor shall be elected or appointed.
Section 3. Vacancies. Any office of the District which becomes vacant prior to expiration
of the normal term thereof for any reason, including resignation, removal, disqualification
or death, may be filled by the Board for the unexpired portion of such normal term or until
the next regular election, whichever comes first.
Section 4. Removal of Officers. The Board of Commissioners may remove any officer of
the District at any time, provided they detem1ine that such removal is in the best interest of
the District.
Section 5. Chairman. The Chairman of the District shall preside at all meetings of the
Board of Commissioners of the District. The Chairman may sign, together with the
Secretary-Manager, or any other officer designated by the District, any contract, deed,
mortgage, evidence of indebtedness or other document authorized to be executed by the
Board of Commissioners, except where the Board of commissioners, these Bylaws or
applicable law has authorized execution by other parties. To the extent permitted by
applicable law and these Bylaws, the Chairman shall have all powers and perform all duties
incident to the Office of chairman, or as otherwise designated by the Board.
MCA 85-7-1502.
Section 6. Vice-Chairman. In the absence of the Chairman, the Vice-Chairman shall act
in place of the Chairman and possess all the authority, powers and duties of the Chairman
during such time. To the extent permitted by applicable law and these Bylaws, the Vice Chairman
shall have all powers and perform all duties incident to the Office of Vice Chairman,
or as otherwise designated by the Board.
Section 7. Secretary
1. The Secretary shall keep the minutes of all meetings of the District and the Board
and provide appropriate individuals with notice of such meetings; act as custodian
of the corporate records and corporate seal; execute documents on behalf of the
District as provided by these Bylaws, by authority of the Board or applicable law.
2. The funds and bookkeeping of Flathead Irrigation District shall be maintained in
accordance of MCA 85-7-2136 (1-5). The County shall collect assessments of the
District and be treasurer of those funds
3. The Secretary shall perform all duties and functions of Secretary in the conduct of
District Elections as provided by law.
4. To the extent permitted or required by applicable law and these Bylaws, the
Secretary shall have all powers and perform all duties incident to the Office of
Secretary, or as otherwise designated by the Board.
Section 8. Bond Requirements. Before handling or receiving any funds or collecting any
charges or assessments, the Secretary of the district shall obtain a good and sufficient surety
bond by an authorized surety company, in an amount that the Board may determine. The
cost of the bond shall be paid by the District.
ARTICLE VD. MEETINGS
Section 1. Regular Monthly Meetings. The District shall meet in a regular monthly
meeting on the Fourth Wednesday of each month unless at a previous meeting it is
determined by majority vote of the commissioners attending that the next regular meeting
is unnecessary.
Section 2. Special Meetings. The District may hold special meetings at the call of the
Chair and at least one other Commissioner or at the call of a majority of the District
Commissioners.
Section 3. Emergency Meetings. Emergency meetings of the Board of Commissioners
may be called by the Chaim1an or any board member when an actual emergency exists.
Section 4. Annual Meetings. An annual meeting of the District shall be held on the second
Monday of January of each year.
Section 5. Agendas. An Agenda· shall be posted at least 48 hours in advance of any District
meetings, including special meetings, unless an actual emergency to which the Chair and
one Commissioner as a majority of the Commissioners will attest, in which case a Special
Meeting may be held on shorter notice, but an agenda, must be posted. The agenda shall
provide notice of the intended subjects of the meeting.
It shall be posted prominently, which requirement is fulfilled if it is posted on the outside
of the District office, sent electronically to those individuals who have provided the
information necessary to do so and requested such notice, and posted on the Districts’
website. Agenda shall be emailed to the commissioners.
Section 6. Conduct of Meetings. Public Right to Know and Participate-Civility-Timely
Conduct of Business. As local governmental entities, the Districts shall conduct all
Regular, Special, and Emergency meetings and its affairs generally, in accordance with
state law and, in particular, in compliance with the public’s right to know, observe
deliberations, and participate in the governmental process. The chair and the Board are
authorized, and have the responsibility, to conduct the meetings in a manner that respects
the rights of the public and of other individuals, including the right to privacy, and civility
in public discourse. The Chair and Board are authorized, and have the responsibility,
therefore to ensure civility in the meetings and that they attend to the Business of the
District in a reasonable, timely manner. The Chair shall conduct meetings in an orderly
fashion, generally conforming to Roberts Rules of Order. There will be no proxy voting.
Section 7. Executive Sessions. The Commissioners are authorized to meet in executive,
or closed session, only when authorized under Montana law, and they may be conducted
only as allowed by law.
Section 8. Location and time of Meetings. All meetings shall be held at 11:00 a.m. at the
District’s office unless otherwise noted on the agenda. Any other time and place of a
meeting shall be prominently indicated on the agenda.
Section 9. Telephonic/Electronic Meeting. Subject to compliance with Montana’s Public
Meetings Law, any meeting of the Board may be accomplished in whole or in part by
telephonic conference call or other legally allowable electronic communication.
ARTICLE VITI. MANAGER
Section 1. Employment of Manager. The Board may employ a full time Manager of the
District who shall serve at the pleasure of the Board.
Section 2. Duties of Manager. The Manager shall perform such duties and have such
powers and authority as shall be provided by the Board and state law. Except as provided
in these Bylaws, or by law, or otherwise by the Board, the Manager shall supervise the
business and affairs of the District and all employees of the District.
Section 3. Compensation. Rate of compensation shall be determined by the Board of
Commissioners and Manager Performance reviewed at a minimum of once per fiscal year
in Executive Session at a noticed meeting. The Manager is also entitled to reimbursement
for travel expenses and for their necessary expenses when otherwise engaged in District
business.
ARTICLE IX. CONTRACTS, CHECKS. DEPOSITS AND FUNDS
Section 1. Contracts. The Board may authorize any officer of officers, manager agent or
agents of the District, in addition to the officers so authorized by these Bylaws, to enter
into any contract or execute and deliver any instrument in the name of and on behalf of the
District, and such authority may be general or confined to specific instances.
Section 2. Warrants. Other Instruments. All warrants, drafts, or orders for the payment
of money, notes or other evidences of indebtedness issued in the name of the District, shall
be hand signed by such officer, officers, manager agent or agents and in such manner as
shall be designated by the Board from time to time. In the absence of such designation,
such instruments shall be signed by the Chairman, Vice-Chairman and or the Secretary of
the District and all need a signature form filed with County Treasurer. Rubber stamps are
not allowed. Thirty-six-hour (36) notice is required to be given to Lake County Treasures
Office prior to processing of warrants to allow appropriate funds transfer. MCA 20-3-325
Section 3. Deposits. All funds of the District shall be deposited from time to time to the
credit of the District in such banks, trust companies or other depositories as the Board may
select. Where required by law, as with payments for bonded or contractual indebtedness,
deposits shall be made to designated accounts.
Section 4. Transfer of Funds. The Board of Commissioners shall have power to transfer
money from any one administrative fund to any other administrative fund, except that no
money shall be drawn from the Operating and Maintenance fund held in trust by the county,
except for those payments for expenses incurred for the delivery and maintenance of
irrigation services within the District(s). MCA 85-7-2139
Section 5. Increase of Tax Assessment. The board of Commissioners shall have the
authority to increase current tax assessments at a rate of 1 00% per fiscal year and submit
to the Lake County Treasurers Office, Montana Department of Revenue, no later than the
pt Monday of August of each fiscal year. MCA 85-7-2104. For an increase of more than
100%, although not required by state statute, a binding referendum of the irrigators shall
be performed prior to any action.
ARTICLE X. BOOKS AND RECORDS
Section 1. Public Records. The District shall keep and maintain books and records of
account, minutes of all meetings of the Board, and shall keep at its principal office a
record giving the names of owners of ands subject to the charges and assessments of the
District. In addition, the District shall keep and maintain, and make available for
inspection, such records as may be required by federal and state law. Any books and
records of the District, not subject to exclusion under Montana’s Public Records law,
shall be open to public inspection during business hours. All requests for copies of public
records must be submitted in writing to the District Manager. The District will charge
research time and material fees for public information requests. Officers, manager agent
or agents of the District shall have a minimum of 30 days to process any and all public
requests upon approval of release.
Section 2. County, Federal, and State Reporting/Audit. All required annual reports
shall be completed and submitted to required agencies at per state statutes prior to the 1st
Monday of August of each fiscal year. MCA 85-7-2107 to MCA 85-7-2109. The District
shall keep or cause to be kept, in the form prescribed by the department of administration,
a full and complete book and record of the accounts, records, contracts, securities, minutes
of meetings, and other matters of every kind pertaining to or belonging to the operation of
the irrigation district. The accounting records of all districts must be audited in accordance
with MCA 2-7-503.
Section 3. Public Record Search Requirements and Associated Fees. All public request
for records maintained by the board of commissioners that the District is obligated to
respond to must be submitted in writing and signed by the requesting party. A fee of .10
per page will be assessed to requestor. Digital files of past meetings will be assessed at a
rate of $10.00 per request. All charges will be due to the District upon receipt of request.
ARTICLE XI. FISCAL YEAR
The fiscal year of the District shall be November 1ST thru October 31 sr.
ARTICLE XII DISTRICT SEAL
The Board shall provide a District Seal, which seal shall be in the form of a circle, and contain the name of the District and reference to the District as being a District in the State of Montana residing in Lake County.
ARTICLE XIII. AMENDMENT TO BYLAWS
These Bylaws may be amended or repealed and new Bylaws adopted following three reading process. First reading would include introduction of Bylaw. Second reading would be of notice. Third reading would be final reading followed by a majority vote of board members at any regular meeting.
ARTICLE XIV JOINT OPERATIONS
Authority for Joint Operations of Irrigation Districts, condition on entry of agreement for Joint Operations, Withdrawal from Joint Operations, refer to STATE CODE.
Signature page of Flathead Irrigation Operating Bylaws Sanders & Lake County, Mt.
IN WITNESS WHEREOF, THE UNDERSIGNED HEREBY CERTIFY THAT THESE Bylaws of the Flathead Irrigation District were amended at a duly constituted meeting of the board
of Flathead District Commissioners held on Wednesday September 23, 2020.
Secretary, Janette Rosman
Commissioner Dave Vincent
