77-1-1115. Navigable riverbed uses -- lease, license, or easement required -- challenges. (1) (a) After October 1, 2011, the department shall require a person who proposes to use the bed of a navigable river up to the low-water mark to obtain a lease, license, or easement pursuant to the provisions of this title.
(b) The requirements of subsection (1)(a) do not apply to footprints related to hunting, fishing, or trapping.
(2) An applicant for authorization to use the bed of a navigable river pursuant to 77-1-1112 or for a lease, license, or easement under this section may challenge the requirement of the authorization based on the navigability of the river, the location of the footprint related to the low-water mark, or other factors. There is no presumption of navigability because an entity has applied for or received a lease, license, or easement.
History: En. Sec. 7, Ch. 359, L. 2011.
Structure Montana Code Annotated
Chapter 1. Administration of State Lands
Part 11. Use of Beds of Navigable Rivers
77-1-1109. Legislative findings -- purpose
77-1-1111. Use of beds of navigable rivers -- authorization requirement restricted
77-1-1112. Historic use of navigable riverbeds -- authorization required -- exemptions
77-1-1113. Historic riverbed use account
77-1-1115. Navigable riverbed uses -- lease, license, or easement required -- challenges
77-1-1116. Easement transferable -- relocation of structure -- increased footprint