Montana § 85-7-2212 - Irrigation Ditches -- Limits Of Liability

§ 85-7-2212. Irrigation Ditches -- Limits Of Liability

Irrigation ditches -- limits of liability. 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 is not liable for: (1) personal injury or property damage resulting from floodwaters caused by rainfall or other weather conditions or acts of nature; (2) personal injury or property damage occurring on another's land and caused by water seepage that existed or began before the injured person first arrived on or obtained an interest in the land or before the damaged property was first placed on the land, if the seepage does not carry toxic chemicals onto the land; (3) injury to a person or property while, without authorization of the district or private person or entity, the person or property is on land or water controlled by the district or private person or entity, unless the irrigation district or private person or entity engaged in willful or wanton misconduct; or (4) death of a person or animal from drowning or other causes, unless the irrigation district or private person or entity was grossly negligent or engaged in willful or wanton misconduct.