Montana Code Annotated 2021



Part 11. Use of Beds of Navigable Rivers

Easement Transferable -- Relocation Of Structure -- Increased Footprint

77-1-1116. Easement transferable -- relocation of structure -- increased footprint. (1) An easement granted pursuant to 77-1-1112 or 77-1-1115 runs with the benefited land and may be transferred or assigned.

(2) (a) Pursuant to rules adopted under 77-1-1117, the holder of a lease, license, or easement under 77-1-1112 or 77-1-1115 may relocate or increase the size of a footprint and associated facilities due to the natural relocation of a navigable river or other factors.

(b) (i) The holder of a lease, license, or easement shall provide written notice to the department when a footprint or associated facilities are proposed to be relocated or increased in size.

(ii) Without prior board approval, the holder of a lease, license, or easement for water diversion structures associated with a water right may relocate or increase the size of the footprint if the relocation or increase is necessary to accomplish the purpose for which the lease, license, or easement was granted. If the footprint is increased in size, the holder shall pay full market value for the portion of the footprint that is greater than the original footprint and shall obtain the appropriate state or federal permits.

(3) Section 77-1-805 applies to the use of navigable rivers for which leases, licenses, or easements for the use of the bed have been granted.

History: En. Sec. 8, Ch. 359, L. 2011.