To The Landowners and
Water Users of the
BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2
The laws of the State of Montana direct that Irrigation Districts shall adopt bylaws and regulations governing the distribution and use of water. Montana Code Annotated provides that the Board of Directors shall:
a. Manage and conduct the business and affairs of the District.
b. Make and execute all necessary contracts, employ and appoint such agents, officers, and employees as may be required, and prescribe their duties.
c. Establish equitable bylaws, rules and regulations for the administration of the district and for the distribution and use of water among the landowners.
d. Generally perform all acts necessary to fully carry out the purposes of the Irrigation District Law.
The bylaws, rules and regulations established under this section may designate, either generally or particularly, the points of delivery within the district to which the district will make water deliveries for the use and benefit of member users at district expense. Water deliveries so made shall be in full and complete discharge of the district's obligation of water deliveries to member users under the Irrigation District Law.
MISSION
The mission of the Buffalo Rapids Irrigation District No. 2 is to deliver water equitably and efficiently with the least amount of cost to its water users, keeping in mind the need for long-range planning and environmental impact.
INTENTION
It is the intention of the Buffalo Rapids Irrigation District No. 2 Board to carry on the business of the District in a business-like, economical, and equitable manner. Because water requirements and facilities for handling water differ greatly with soil conditions and crops grown, there must be general rules to secure the best service to the water users. To this end, every person in the District should feel a personal responsibility in helping to carry out the rules so the water may be transported and used in the most efficient manner.
The adoption of these Rules and Regulations will not essentially change the manner of water distribution from that in practice for several years, but it is hoped they will give every water user and other interested persons in the District a clear understanding of the duties and intentions of the operating officials and bring to the attention of all water users the great need for conserving the District’s water supply.
The District was organized for the purpose of supplying irrigation service for farm crops. Water quality and District facilities are not suitable for domestic use. Water use must be consistent with the character of use authorized by the District’s water rights and general District policies.
The Buffalo Rapids Irrigation District No. 2 is a quasi-government municipality, and every water user within the District boundaries is a member of the District. The District makes no profit and is operated for the sole benefit of the lands and people within its boundaries.
RULES AND REGULATIONS
Governing the Distribution and Use of Water in the
Buffalo Rapids Irrigation District No. 2
Adopted by the Board of Commissioners on
March 13, 2013
Updated September 12, 2016
PURPOSE
The primary purposes of the District are to manage the water and water rights inside the District for the benefit of all the patrons and to provide a common system of infrastructure for the delivery of irrigation water. Improvements to the District were funded by contracts with the United States Government in the late 1930’s. This subjects the District to the Federal Regulations of the United States Government.
The District holds the water rights of the District in trust for the exclusive use and common benefit of the water users of the District. Any changes in character of use, place of use or point of diversion changes must be applied for through the District and must comply with the established policies of the District. Water users within the District shall not execute an affidavit of non-use or voluntary cancellation of water rights without prior District approval.
MANAGEMENT
All reservoirs, canals, laterals, pipelines and works of the District including structures in or over District canals and laterals are under the general management of the Manager who is appointed by the Board of Commissioners and under the exclusive control of the District except in those instances where the District has surrendered control of a structure to the United States Bureau of Reclamation or any other federal, state or local governmental agency or body. No person shall have any right to interfere with said canals, laterals or works of the District without express permission from the District Manager and in some instances, the Bureau of Reclamation.
The District Manager is authorized to act in emergencies on matters not covered by these Rules and Regulations; however his actions can be subjected to the approval of the Board of Commissioners at the regularly scheduled board meeting next following his actions in such an emergency.
DISTRICT EMPLOYEES
The District Manager, appointed by the Board of Commissioners, shall have the authority to employ such personnel as may be necessary for the proper operation and maintenance of the system and the distribution of water. Each Ditch Rider shall have charge of their respective Division and shall be responsible to the Manager for carrying on the routine of water delivery and other related work.
All District employees are instructed to aid the water user in every manner possible and to courteously and respectfully consider all criticism and suggestions. Likewise, all water users and landholders within the District boundaries are requested to cooperate with District officials in every manner so the District may operate effectively and efficiently.
DISTRICT OFFICE
The office of the Buffalo Rapids Irrigation District No. 2 is located at 12 HWY 253, Terry, MT, 59349.
IRRIGATION SEASON
The irrigation season shall be from April 1st to September 30th of each year. These dates are subject to change in relation to seasonal weather conditions and the available water supply. The Board of Commissioners may shorten or lengthen the irrigation season within those parameters as established by the District’s water rights or as required by law.
WATER DISTRIBUTION
The Ditch Rider will apportion water to each water user in their Division. The Division Ditch Riders will be held responsible for the efficiency of water distribution and for the operation of the laterals and structures in their division.
SHORTAGE OF WATER
At the time of rationing, 1 ½ second feet of water or less, will be delivered to each 100 acres of assessed land that is controlled by each individual farmer. This will be enforced without leniency or favoritism by the Ditch Rider, back by the Board of Commissioners.
QUANTITY OF WATER
The unit of measure will be cubic feet per second. The maximum amount deliverable will be 2.5 acre-feet per acre, per season. Any water delivered above this amount shall be classified as overage water and extra charges will be made. The rate of overage charged per acre foot shall be determined by the current O & M charge per acre divided by 2.5. The end of the season water transfers will be made on land owned by the same individual only.
WASTE WATER
Each water user is responsible for the drainage water from his farm until such time as it is diverted into a Bureau of Reclamation drain or natural drain. Water User’s drainage water shall not be dumped into Bureau of Reclamation laterals or canals. It will be the responsibility of each water user, if his wastewater is dumped into a United States Bureau of Reclamation drain, to purchase and to install a culvert according to specification of the Bureau of Reclamation and Buffalo Rapids Irrigation District No. 2 to dump this water into the drain without danger of erosion or damage to the drain or hindrance of the drain’s proper functioning.
WATER ORDERS
Water shall be distributed on a demand basis with 48-hour notice required for delivery and 24-hour notice for shut off in order to enable the Ditch Rider to maintain an even flow of water to all water users and to make the most efficient use of water pumped be delivering as near 100% of the water pumped as possible, and to make the most efficient use of the time of water delivery personnel. No standing orders will be permitted. No orders of more than two days prior to the requested delivery date will be honored, except orders on Friday for Monday. Water orders shall be called to the Division’s Ditch Rider
DUTIES OF WATER USERS
The policy of the District in case a water user’s delivery ditch immediately below his turn out is high, causing the canal or lateral to be checked continuously high and causing silting, shall be: (a) No water will be delivered until the water user’s ditch is cleaned, or (b) If, after due notice the water user will not or cannot clean his own lateral, the District will, the cost of which shall be borne by the water user.
Responsibility for maintenance of bridges across canals and laterals for private crossings is with the land owner, the District will provide the labor and the land owner will provide the materials. The policy on fences on upper side of canal is that gates must be provided by the land owner. Fences across canal-Specified structures in canal are built by the land owner.
No water user shall dump either live or wastewater into the District’s system without providing treatment facilities as required or specified by the District.
If any water user shuts off their water without first giving notice, they shall be liable to the lower users of water for all damages they may sustain by reason of the increased flow of water upon their lands.
NON-LIABILITY OF DISTRICT
The District will not be liable for any damages resulting directly or indirectly from any unauthorized uses, or trespassing on District property or facilities, or from any private ditch or the water flowing therein; and its responsibility shall absolutely cease when the water is turned therein according to these Rules and Regulations.
Water furnished by the District flows through many miles of open canals and is subject to pollution, shortages, fluctuation in flow, and interruption in service. The District will not make any agreement that binds the District to serve an uninterrupted constant supply of water.
All water furnished by the District is normally for irrigation purposes and any water user putting the water to other uses does so at their own risk and by doing so assumes all liability therefore and agrees to hold the District, its officers and employees free and harmless from any liability and damage that may occur.
Storm water (Acts of God) and the damages they may cause, directly or indirectly, are not the responsibility of the District, as the District has no control over these events. Any assistance rendered during “Acts of God” on the District’s part are simply a courtesy to the public and does not suggest or indicate any assumption of future responsibility.
POINT OF DELIVERY
The District assumes no responsibility for the delivery of water beyond the original delivery point. This point of delivery is maintained for each tract even though many subdivisions of the original tract may have been made.
PUMPING SYSTEMS / GRAVITY PRESSURE SYSTEMS / GRAVITY SYSTEMS
All landowners using pumps to lift water from the District’s facilities and those using gravity pressure systems or regular gravity systems, will all be subject to these Rules and Regulations in the same manner. The Manager must approve all pump installations and there must be a lockable control gate valve in the delivery line. This requirement will apply to old as well as new installations. All such installations shall be placed in such a manner that no checking (raising the water elevation) of the canal or lateral will be required to deliver water to them.
Use of the District’s water is done at the water user’s risk and the District assumes no liability for damages to pumping equipment or other damages as a result of turbulent water, fluctuation in flow, or other causes. The District recommends that water users who irrigate with pumps install an automatic shut off or low pressure valve on the pump. This will help prevent an irrigation pump from burning up if the water supply fluctuates.
CONTROL OF FACILITIES
Only District employees will be allowed to operate headgates, turnouts, valves, or other control devices or to adjust or place flashboards in checks, excepting only as stated herein below. The District, at its option, may lock any or all headgates, turnouts, spillways, or other control devices. Any person who, in any way, interferes with the setting or adjustment of such headgates, turnouts, valves or checks shall be held strictly liable for any damage resulting therefrom and may be subject to fines and imprisonment under Montana Revised Statutes. The Ditch Rider may, with the consent of the Manager, grant permission under certain conditions to a water user to shut off or turn on water or to adjust checks in order to better regulate water delivery and conserve water.
The District may require a water user to install and maintain a lockable and controllable headgate or other water control device at a point of delivery to the user’s property or to install a measuring device at a point of delivery as necessary to assist the District in determining the amount of water delivered. When practicable, water control and measuring devices will be constructed on property for which the District holds existing easements.
PROBLEM RESOLUTION
If a water user is experiencing a problem that they need help with resolving, they should first contact the Ditch Rider. If the Ditch Rider does not resolve the situation satisfactorily, the water user should contact the District office and ask to speak to the District Manager. In the event the Manager and water user are not able to resolve the issue, at the request of the water user, it will be placed on the Board of Commissioners next regular meeting agenda for discussion. The water user is to let the District office know of any dissatisfaction before the next season starts. This policy allows any dissatisfaction to be cleared up before too much time has lapsed.
PROTECTION OF WATER QUALITY AND DISTRICT FACILITIES
(1) PROTECTION OF WATER QUALITY
All landowners, landholders and water users have an obligation to prevent runoff of any kind from entering District facilities. No person shall put anything into the District’s system, including, but not limited to the following:
Any hazardous substance or substances, tree or vine pruning products, brush, weeds, grass, manure, rubbish, garbage, swill, refuse, dead animal or other material or substance that will or may: (1) become offensive to the senses or injurious to health or injuriously affect the quality of water; (2) obstruct the flow of water; or (3) result in the scattering of seeds or noxious weeds, plants or grasses, shall be placed or dumped in any District canal, ditch, conduit, or reservoir, or be placed or left so as to roll, slide, flow or be washed or blown into any such canal, ditch, conduit or reservoir. Owners of ditches or of land upon which ditches are located shall keep the rights-of-way along the ditches open and free of all obstructions (eg. trees, vegetation, structures). All District employees shall promptly report any violation of this rule, and all District landowners are especially urged to cooperate in its enforcement.
(2) PROTECTION OF DISTRICT FACILITIES
It shall be the duty of every District landowner and/or water user to use due care to avoid damage to the District’s canals, rights-of way, or other facilities. The landowners and/or water users shall be liable for any damage, intentional or negligent, including damage from livestock under their possession or control. If such damages do occur, the District may assess damages against the offending individual or entity.
Any person who, in any way, willfully interferes with the setting or adjustment of headgates, turnouts, valves or checks shall be held strictly liable for any damages resulting therefrom and may be subject to fines and imprisonment under Montana Code Annotated.
No one is allowed to build earth dams in private laterals.
No new bridges, fences, fence crossings, stock gates, pipes or utility crossings, trees, vegetation, or other obstruction or, facilities either above ground or subterranean, may be introduced or constructed crossing or otherwise blocking or impairing the District’s property or rights-of-way, including canal banks, unless:
(1) The same shall have been provided for in written rights-of-way, easement or crossing agreements; or
(2) The party proposing to introduce such has executed a written Right of Use Application with the United States Bureau of Reclamation and paid the applicable fees. Any such construction, planting, etc. is subject to the Bureau of Reclamation and District specifications for construction and maintenance. Such structures, plantings, etc. must be built and maintained to the District and Bureau of Reclamation’s satisfaction. You may obtain the Right of Use Application by contacting the District office. The District shall have the right to remove all trees and vegetation, fences, bridges, stock gates, pipes, utility crossings, or other obstructions, or to fill in ditches constructed contrary to these provisions without liability.
TRESPASS UPON LANDS
The lands upon which the District’s canals and laterals are located, is typically owned by the Bureau of Reclamation and the landowner. The District cannot give anyone permission to use the easements on said property.
ACCESS TO LANDS AND DITCHES
Any officer, employee, ditch rider, or other authorized personnel of the District shall have free access at all times to the private ditches and lands being irrigated, or upon ones which District facilities are located or water flows, for the purpose of determining whether the ditches are in satisfactory condition to handle water and whether the water is being used economically and efficiently and for repair and maintenance or other legitimate District purpose or interest.
STOCK, SPRAY, DUST AND FROST CONTROL WATER
The District has no responsibility for delivering water through its system for stock water, spray purposes, dust control water or frost control water.
RESPONSIBILITY FOR WATER DELIVERY AND MAINTENANCE FOR PRIVATE DITCHES
The responsibility of the District for the water delivery ends at the District’s point of delivery, measuring weir or headgate. The water then becomes the responsibility of the water user, or users, on that ditch.
This is one of the most common misunderstandings. Many small acreages have received their allotment as a portion of a larger water delivery made to an older farm which has been subdivided. In such cases the user may be some distance from the weir or gate that marks the termination of the District’s responsibility. The users along such private ditches have both a right and a responsibility to work with their neighbors to maintain these private ditches. When problems occur, the District is able to assist the water users to clarify issues or suggest solutions, but the responsibility ultimately lies with the water users along that ditch.
With increasing urbanization, it is important that users have recorded easements for their private ditch deliveries. Often prescriptive rights exist; that is, rights acquired due to continued use over time. However, such rights may not clearly define the right to access, repair and maintain, or the full scope of such easements, such as width of easement or even the actual location of the easement. All easements should specify the actual width. The District requires that all easements be recorded with the County for any land use action, such as a land partition.
Private ditch users are cautioned to protect easements. Be aware of encroachments on your ditch, such as crossings, buildings, trees and vegetation, or fences being constructed too close to the ditch to allow for proper access and maintenance.
PRIVATE LATERAL AND STREAM DIVERSIONS
All water gates on private ditches shall be subject to District access and inspection when used by more than one water user. Nevertheless, the District will not construct, maintain, or control private delivery systems.
Privately maintained laterals and other facilities served by the District must be in good condition so as to prevent loss of water and permit regular flow. The Manager shall not permit delivery of water into facilities that are not adequately prepared and maintained. The District will not be responsible for defects in privately maintained facilities. The owners of private ditches shall provide suitable locking devices on all private gates and checks with the District having access.
When more than one water user is on a private lateral, each water user shall provide their own diversion facilities at their high point and provide their own distribution system. Water users must not build earth dams in private laterals.
It shall be the duty of each user of a private lateral to patrol said lateral from their point of diversion to the main lateral as many times each day as necessary to remove obstructions and stop all leakage while irrigating.
Water users that lift or divert the District’s water supply from natural stream courses or depressions, do so at their own risk. The District accepts no liability for damages to irrigation equipment, stream or creek relocation, maintenance or Endangered Species Act issues on these private facilities. The District delivers water from its canals and laterals for use by the District water users from the Yellowstone River. The District does not do any maintenance of natural streams other than by permits issued to the District for the Yellowstone River.
FAILURE TO MAINTAIN PRIVATE LATERALS AND WORKS
When privately maintained laterals and other facilities are not maintained in good condition so as to prevent loss of water and permit regular flow, the Board of Commissioners may construct, repair or maintain such private laterals and works or may stop delivery to the private lateral. The Board of Commissioners are additionally authorized pursuant to the Montana Code Annotated to collect charges upon all tracts of land specifically benefited by the improvements in order to defray the whole or any portion of the cost and expense incurred in maintaining private laterals or works.
GOVERING RULES OF THE BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2 ADDITION OF IRRIGATABLE ACRES
These rules are established to govern the formation, operation and maintenance of irrigatable acres within the Buffalo Rapids Irrigation District No. 2. The formation, inclusion of additional lands, and the approval of assessments, are governed by the Board of Commissioners of Buffalo Rapids Irrigaiton District No. 2.
Landowners wishing to add irrigatable acres to the District will be required to notify the manager of the District of thier intentions to begin the process in a timely manner that is consistant with time needed to prepare assessments for the upcoming assessment years' deadlines for additions. The landowner will provide maps indicating acreage proposed for irrigation. Preferance will be given to irrigatable acres that are designed to be irrigated only under a sprinkler system. The lands proposed have to lie within the boundaries of Buffalo Rapids Irrigation District No. 2. All added acrage will be assessed at the current assessment rates set by the Board of Commisisoners of Buffalo Rapids Irrigation District No. 2. It will also be the landowners responsability to access the irrigaiton water in the District's irrigation canal. Any requirements to do so will be the landowners sole responsability.
Upon approval from the Board of Buffalo Rapids Irrigaiton District No. 2, landowners will be required to pay an additional sixty dollars per acre for any addition of irrigatable acres to the District at time of inclusion. This fee is reflective of the origional costs that all lands of the District payed over a sixty-year period for the origional U. S. Construction loan that originated the Districts formation. All irrigatable acres added are subject to all rules and regulation set forth by Buffalo Rapids Irrigaiton District No. 2.
SUBDIVISIONS
It is the intent of Buffalo Rapids Irrigation District No. 2 that anyone planning to develop a new subdivision or making changes to a subdivision which is on any farm unit or tract of land within the District and is on the current assessment list, shall do so without creating increased expense to the District and also maintaining or increasing revenue to the District.
Anyone subdividing a tract or tracts of lands lying wholly or in part within the boundaries of the District and is currently on the District’s assessment list or making changes to a subdivision which is on a tract or tracts of land currently on the District’s assessment list is responsible for: 1) notifying the District of the proposed changes and obtaining District approval of the design for the delivery system before making any changes to a subdivided tract; (2) the delivery of the District’s water to any subdivided portion of the original tract or tracts; and, (3) providing the necessary easements and delivery system from the original point of delivery for said tract to each of the portions of the subdivided tract and inside the subdivision as needed.
Before making any changes to a subdivided tract that may affect District facilities, the developer must obtain the authorization of the Board of Commissioners to alter District facilities. This includes the relocation, construction, or reconstruction of any District facility or of any road or crossing of any ditch, lateral, canal, easement or right-of-way owned or controlled by the District or the Bureau of Reclamation. The review shall include a subdivision plat showing all existing easements, rights-of-way, and facilities; all proposed easements, rights-of-way, and facilities; and any roads or crossings, new or existing, which cross any of the District’s ditches, laterals, canals, easements, or rights-of way. The developer shall be solely responsible for all costs related to the relocation, construction, reconstruction, or crossing of any District facility, including necessary attorney fees incurred for the negotiation or review of any documents or agreements.
Any person who sells, contracts to sell, leases, purchases or contracts to purchase any part of a subdivided tract, shall not look to the District to provide rights-of-way, water transmission facilities, or maintenance of said facilities from the original point of delivery of the original undivided tract. All private delivery systems from the original point of delivery are the sole responsibility of either the developer or the individual land owners. The District’s obligation to deliver water shall cease at the original point or points of delivery as shown on the developer’s plat as finally approved by the District and filed in the District’s office.
PRIVATE CROSSINGS
The responsibility for construction and maintenance of bridges across canals and laterals for private crossings is with the landowner, approved by the District. If the repair of a private bridge becomes necessary, the District will furnish the labor and the land owner the materials.
PIPELINES
The District and the landowners have made improvements with the installation of pipelines to replace canals and laterals to promote water conservation. When a landowner replaces an open ditch on his land that is the District’s existing lateral with a lined ditch or an enclosed pipeline, he becomes the owner of that water conveyance. All pipe, valves and meters will be the responsibility of the land owner. The District will continue to hold right-of-way easement on the original water conveyance so to assure continued water delivery by maintaining the new installation so as to afford downstream users uninterrupted service in accordance with the by-laws of the District. Normal maintenance on valves and meters will be takes care of by the District, and total replacement of a new meter or valve will be the responsibility of the land owner. The water user will not be able to farm over the line: therefore leaving room for the District’s crew to do repair work. The water user will have to help keep the pipeline screens clean during the irrigation season. If the line is damaged by the water user, the District will repair it and invoice the water user for the repairs. If the water user removes the screen at an inlet and causes the pipeline to become plugged, he will have to pay for the repairs of unplugging it.
APPORTIONMENT OF WATER TO PARCELS OF LAND
The reasonable cost of such services shall be apportioned and charged by the District as a special charge against the subdivided parcels. The special charges so levied and apportioned shall be a lien upon the subdivided parcels of land and shall be collected in the same manner as all other charges are levied and collected by the District.
WADING OR SWIMMING IN CANALS
No person shall wade, swim, or bathe in the canals, laterals, pipelines, or works of the District. All members of the District are asked to notify the District’s office if they observe any person wading, swimming, or bathing in the District facilities.
WATER RELATED CHARGES
Water charges are established annually by the Board of Commissioners based upon the budgeted cost of operating the District. The Board must follow the requirements of the Montana Code Annotated for billing to make sure the District is self-sustained. In addition, and in accordance with the Montana Code Annotated, any land owned by any person totaling less than one acre in area shall be charged as one acre.
All charges are to be paid each year whether or not the water is used or available, without exception. All assessments are due to the county on May 31st and November 30th of each year. Water overages will be invoiced at the end of each water season. Non-receipt of invoiced notice is not sufficient reason for non-payment. Please call the District office if billing is not received by November 1st. It is the water user’s responsibility to notify the District office of any mailing address changes as they occur.
At the District’s discretion, and as time allows, the District may make available to any patron of the District, at the current rental rates, any equipment, including an operator. The equipment will only be used at the convenience of the District and with the understanding that the District is without liability in connection with such use and is fully indemnified therefrom by the patron. The District will only allow the use of equipment within the District boundaries.
DELINQUENCIES IN PAYMENTS
The Board of Directors, at its discretion, may withhold delivery of water to any lands within the District until such time as past due charges for any current or prior year, or years, as the Board may direct, are paid. Any debts outstanding for labor, material or equipment used to perform work for the water user must be paid after billing. In every case where a water user does not pay for the water, labor, material or equipment within the time required, interest accrues at a fixed rate established by the Board of Commissioners. Interest is charged from the date of billing and not from the date the bill was due. As stated above, the District shall have the right to withhold delivery of water until such indebtedness is paid in full.
LIENS AND FORECLOSURES
If water charges are not paid when due, the District shall place a lien upon the billed property of the District water user in the total amount of the unpaid water charges, interest and penalties pursuant to the Montana Code Annotated.
A lien on the property may be filed any time after a charge becomes past due in the total amount of the unpaid water charges, interest, penalties, and expenses, including attorney fees. Such lien may be filed on lands that received the benefit of the water or were entitled to receive the benefit of the water.
Any time after filing a notice of claim of lien and after the delinquency date fixed by the Board of Commissioners, the Board may, by resolution, direct that all delinquent charges be foreclosed upon by the District. The Board of Commissioners has set the foreclosure date as three years from the first non-payment of charges (at the latest).
UNLAWFUL ACTS
The District may bring a civil action for damages against any person who knowingly and willfully commits the unauthorized use of water or tampers with any of the District facilities. Pursuant to the Montana Code Annotated, the District may recover from the defendant the amount of actual damages incurred, plus punitive damages. The District may also recover the cost of the suit, reasonable attorney fees and expert witness fees. These remedies are in addition to, and not in lieu of, any and all other remedies, civil and criminal, provided by law. Unlawful acts include without limitation, the following:
Discarding any glass, cans or other trash, rubbish, debris or litter on land within 100 yards of any waters of the state, as defined in Montana Code Annotated, other than in receptacles provided for the purpose of holding such trash, rubbish, debris or litter.
Any person, including a person in the possession or control of any land, discarding any dead animal carcass or part thereof, excrement, putrid, nauseous, noisome, decaying, deleterious or offensive substance into or in any other manner befoul, polluting or impairing the quality of any spring, river, brook, creek, branch, well, irrigation drainage ditch, irrigation ditch, cistern or pond of water.
Intentionally damaging or destroying property of the District directly or by intentionally interfering with, obstructing or altering in any manner, the service of the District; or intentionally using, manipulating, arranging or rearranging the property of the District.
NON-USE OF WATER
Water users who no longer wish to be included on Buffalo Rapids Irrigation District No. 2 assessments will have to adhere to the procedures set forth in Montana Code Annotated. (1) The landowner or their representative must submit a written request expressing interest and request a meeting. (2) The District will verify the requestor to act on behalf of landowner. (3) If the requestor appears viable to act on behalf of the landowner, the District will make a determination of the costs associated with removal from the District assessments, which may include public review, legal fees, data collection, public notices and staff time. (4) The District will develop an agreement between the requestor and District that will identify the costs that must be paid for the process to go forward. (5) The requestor must sign the agreement. (6) The information must be prepared to be submitted to District Court. (7) When the petition is ready, public notice of availability of the draft petition for comment for sixty days. (8) If there is no substantial public comment the petition will be finalized and signed off by the District Court Judge.
RECLAMATION REFORM ACT FORMS
Because federal funds of the Bureau of Reclamation were used to finance the reconstruction of the Buffalo Rapids Irrigation District No. 2, the Reclamation Reform Act (RRA) applies to the users of water within the District.
PUBLIC RECORD REQUESTS
The District is subject to Montana Public Records Law. The District will only respond to specific written requests to inspect specific records or for copies of specific records. All Public Information Requests must be submitted in writing and approved by the District Manager. The District will then respond to the request in writing to inform the requestor of the nature and volume of the records and the estimated costs of providing the records. It is then up to the requestor to notify the District if they have any changes they want to make to their original request. A new request for records must be submitted each time records are requested. No continuing requests for records will be accepted.
Subject to any exemption that may apply under the law, anyone may inspect District records at the District office once the written request has been received, reviewed by the District Manager, and the records have been located (subject to applicable exemptions). Upon request, the District will provide copies of the requested records. The requester shall pay for the cost of District personnel to locate, assemble, review, supervise the inspection, and copy the records at the rate established by the Board of Commissioners. There is a one-quarter hour minimum charge for researching and compiling records.
Copies of all records will be charged at the rate set forth in the District’s current fee schedule. Payment for all Public Information Requests must be paid prior to receiving the requested information. If the request is voluminous, the District may require a deposit prior to compilation of the records. Please contact the District office for the current fee schedule for Public Information Requests.
DISTRICT MEETINGS
The District is subject to Montana Public Meeting Laws. Subject to some exceptions, the District Board of Commissioners will allow public testimony or comment on any action item after receiving a specific request in writing submitted to the Manager at least ten (10) days prior to the board meeting.
BOARD MEETINGS
The Board of Commissioners of the Buffalo Rapids Irrigation District No. 2 shall meet on the second Wednesday of each month. The Board regularly meets at the District office in Terry, Montana. Anyone wishing to have a matter placed on the agenda must submit a request in writing to the Manager at least ten (10) days prior to the next scheduled board meeting.
MEETING NOTICES
Notice of all meetings of the Board of Directors shall be provided. For regular meetings, the notice shall be in the form of an agenda, which shall be sent to all Board Members, etc.
RULES AND REGULATIONS EFFECTIVE
These Rules and Regulations shall be in effect on and after March 13, 2013. Upon the effective date, all existing District Rules and Regulations, including those adopted previously, will be superseded by these Rules and Regulations. These Rules and Regulations are subject to change by the Board of Commissioners at a regular session board meeting at any time.
The foregoing Rules and Regulations were adopted by Resolution of the Board of Commissioners of the Buffalo Rapids Irrigation District No. 2 on the 8th day of August, 2012, in regular session.
Barry Rakes, President, Fallon Division Commissioner
Jackson Dion, Vice President, Terry Division Commissioner
Lance Kalfell., Shirley Division Commissioner
GLOSSARY
Acre: An acre of land is 43,560 feet.
Acre foot: The volume necessary to cover 1 acre of land to a depth of 1 foot.
Cubic foot per second: cfs. or second feet, is a continuous flow amounting to 1 cubic foot passing a particular point each second.
Check: A structure that impedes flow for the diversion of another ditch. This structure will be a few feet downstream of the lateral that branches off of the arterial ditch. Wooden boards are slotted into the structure depending on the volume of water and how much water is needed in the lateral ditch. This structure is often mistaken for a large weir.
Diversion Box: A box, usually concrete, that allows for an accurate water measurement into one or more deliveries.
Gallon: A gallon is 231 cubic inches.
Gallon per minute (gpm): A continuous flow amounting to 1 gallon passing a point each minute.
Gate: A control structure that provides measured amounts of water into a ditch or delivery system.
Head: The depth of the water above the weir crest measured at a distance from the weir notch so as to be unaffected by the curve of the water surface as the water flows over the weir. In the submerged orifice the head is the difference in elevation between the water surfaces above and below the orifice.
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