70-17-112. Interference with canal or ditch easements prohibited. (1) A person with a canal or ditch easement has a secondary easement to enter, inspect, repair, and maintain a canal or ditch or to operate the appropriation works.
(2) A person may not encroach upon or otherwise impair any easement for a canal or ditch used for irrigation or any other lawful domestic or commercial purpose, including carrying return water.
(3) The provisions of subsection (2) do not apply if the holder of the canal or ditch easement consents in writing to the encroachment or impairment.
(4) Each canal or ditch easement obtained by prescription or conveyance is included within the scope of this section. Nothing in this section establishes a secondary easement where none existed prior to April 14, 1981. This section does not affect contracts or agreements concluded prior to April 14, 1981.
(5) If a legal action is brought to enforce the provisions of this section, the prevailing party is entitled to costs and reasonable attorney fees.
History: En. Sec. 1, Ch. 371, L. 1981; amd. Sec. 1, Ch. 180, L. 2013.
Structure Montana Code Annotated
Chapter 17. Servitudes, Easements, and Covenants Running With the Land
Part 1. Servitudes -- Easements
70-17-101. Servitudes attached to land
70-17-102. Servitudes not attached to land
70-17-103. Dominant and servient tenement
70-17-104. Who may grant servitude
70-17-105. Who may not hold servitude
70-17-106. Extent of servitude
70-17-107. Apportionment of burden upon partition of dominant tenement
70-17-108. Rights of owner of future estate in dominant tenement
70-17-109. Who may bring action to enforce easement
70-17-110. Action by owner of servient tenement for possession
70-17-111. How servitude extinguished
70-17-112. Interference with canal or ditch easements prohibited