Montana Code Annotated 2023

TITLE 85. WATER USE

CHAPTER 1. WATER RESOURCES

Part 8. Lease Management Program

Improvements Authorized -- No Compensation -- Removal

85-1-809. Improvements authorized -- no compensation -- removal. (1) A lessee of project lands may place on the lands a reasonable amount of improvements directly related to the necessary use of the lands as provided in the lease.

(2) The department is not liable to pay compensation to a lessee or a former lessee for improvements made to project lands.

(3) A former lessee is responsible to reclaim project lands to the condition existing prior to the placement of the improvements. If the former lessee fails to remove the improvements from the land within 60 days from the date of the expiration of the lease, all of the improvements become the property of the department unless the department for good cause extends the time for removal of the improvements. The department may require a former lessee to remove improvements made by the former lessee from project lands at the former lessee's expense.

History: En. Sec. 9, Ch. 301, L. 1995.