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Part 1. General Provisions
85-1-101. Policy considerations - 85-1-101. Policy considerations. It is hereby declared as follows: (1)...
85-1-102. Definitions - 85-1-102. Definitions. Unless the context requires otherwise, in this chapter,...
85-1-103. Interpretation of title - 85-1-103. Interpretation of title. The object of this title is...
85-1-104. through 85-1-110 reserved - 85-1-104 through 85-1-110 reserved.
85-1-111. Public ways - 85-1-111. Public ways. Navigable waters and all streams of sufficient...
85-1-112. Navigable waters - 85-1-112. Navigable waters. (1) All lakes wholly or partly within...
85-1-113. through 85-1-120 reserved - 85-1-113 through 85-1-120 reserved.
85-1-121. Repealed - 85-1-121. Repealed. Sec. 3, Ch. 706, L. 1983. History: En....
85-1-122. Clark Fork River - 85-1-122. Clark Fork River. The waters of the Clark Fork...
Part 2. Administration
85-1-201. Rules - 85-1-201. Rules. The department may adopt from time to time,...
85-1-202. Repealed - 85-1-202. Repealed. Sec. 500, Ch. 418, L. 1995. History: En....
85-1-203. State water plan - 85-1-203. State water plan. (1) The department shall gather from...
85-1-204. Department powers over state water - 85-1-204. Department powers over state water. (1) The department may...
85-1-205. Acquisition of water in federal reservoirs - 85-1-205. Acquisition of water in federal reservoirs. The department may...
85-1-206. Construction of works by department - 85-1-206. Construction of works by department. (1) The department may...
85-1-207. Determination of costs of works - 85-1-207. Determination of costs of works. The department, in determining...
85-1-208. Construction across streams, highways, or other obstacles - 85-1-208. Construction across streams, highways, or other obstacles. (1) The...
85-1-209. Acquisition of property by department - 85-1-209. Acquisition of property by department. (1) The department may...
85-1-210. Disposal of property by department - 85-1-210. Disposal of property by department. In addition to the...
85-1-211. Management of property -- water contracts - 85-1-211. Management of property -- water contracts. (1) Subject to...
85-1-212. Repealed - 85-1-212. Repealed. Sec. 500, Ch. 418, L. 1995. History: En....
85-1-213. Institution of court actions by department - 85-1-213. Institution of court actions by department. The department may...
85-1-214. Exercise of department powers -- scope of jurisdiction - 85-1-214. Exercise of department powers -- scope of jurisdiction. The...
85-1-215. Department duties -- records and operations - 85-1-215. Department duties -- records and operations. The department shall...
85-1-216. Limitations on liabilities and obligations - 85-1-216. Limitations on liabilities and obligations. No liability or obligation...
85-1-217. Restoration and repair of damaged property - 85-1-217. Restoration and repair of damaged property. All public or...
85-1-218. Employment of county surveyors - 85-1-218. Employment of county surveyors. Whenever deemed practical the department...
85-1-219. State-owned works -- department approval -- bids -- procurement of goods and services - 85-1-219. State-owned works -- department approval -- bids -- procurement...
85-1-220. State water project hydroelectric power generation special revenue account created -- revenue allocated - 85-1-220. State water project hydroelectric power generation special revenue account...
85-1-221. Contracts with the United States - 85-1-221. Contracts with the United States. The department may enter...
85-1-222. Conformity to federal regulations authorized - 85-1-222. Conformity to federal regulations authorized. For the purpose of...
85-1-223. Negotiations with other states by the department - 85-1-223. Negotiations with other states by the department. The department...
85-1-224. Contracts with state agencies and counties - 85-1-224. Contracts with state agencies and counties. (1) A state...
Part 3. Finance
85-1-301. Water conservation revenue bonds - 85-1-301. Water conservation revenue bonds. (1) The department may provide,...
85-1-302. Limitations on state liability - 85-1-302. Limitations on state liability. All bonds issued under 85-1-301...
85-1-303. Procedure in case of insufficient bond proceeds - 85-1-303. Procedure in case of insufficient bond proceeds. If the...
85-1-304. Lien upon bond proceeds - 85-1-304. Lien upon bond proceeds. All moneys received from any...
85-1-305. Use of trust indenture to secure bonds - 85-1-305. Use of trust indenture to secure bonds. In the...
85-1-306. Provisions for protecting bondholders - 85-1-306. Provisions for protecting bondholders. Either the resolution providing for...
85-1-307. Provisions to secure payment of bonds - 85-1-307. Provisions to secure payment of bonds. In connection with...
85-1-308. Provisions for conveyance in trust or mortgage - 85-1-308. Provisions for conveyance in trust or mortgage. In the...
85-1-309. Actions by trustee and bondholders - 85-1-309. Actions by trustee and bondholders. (1) Any holder of...
85-1-310. Refunding revenue bonds - 85-1-310. Refunding revenue bonds. The department may issue refunding revenue...
85-1-311. through 85-1-320 reserved - 85-1-311 through 85-1-320 reserved.
85-1-321. Funds in general - 85-1-321. Funds in general. The department shall create a fund...
85-1-322. Construction capital projects funds - 85-1-322. Construction capital projects funds. The proceeds of the bonds...
85-1-323. Debt service funds - 85-1-323. Debt service funds. (1) The department shall provide, in...
85-1-324. through 85-1-330 reserved - 85-1-324 through 85-1-330 reserved.
85-1-331. Acceptance and use of appropriations and contributions - 85-1-331. Acceptance and use of appropriations and contributions. The department...
85-1-332. Disposition of money collected - 85-1-332. Disposition of money collected. (1) For the purpose of...
85-1-333. Repealed - 85-1-333. Repealed. Sec. 52, Ch. 505, L. 1981. History: En....
85-1-334. Repealed - 85-1-334. Repealed. Sec. 52, Ch. 505, L. 1981. History: En....
Part 4. Special Projects (Repealed)
85-1-401. Repealed - 85-1-401. Repealed. Sec. 1, Ch. 61, L. 1991. History: En....
85-1-402. Repealed - 85-1-402. Repealed. Sec. 1, Ch. 61, L. 1991. History: En....
85-1-403. Repealed - 85-1-403. Repealed. Sec. 1, Ch. 61, L. 1991. History: En....
85-1-404. Repealed - 85-1-404. Repealed. Sec. 1, Ch. 61, L. 1991. History: En....
85-1-405. Repealed - 85-1-405. Repealed. Sec. 1, Ch. 61, L. 1991. History: En....
85-1-406. Repealed - 85-1-406. Repealed. Sec. 1, Ch. 61, L. 1991. History: En....
85-1-407. Repealed - 85-1-407. Repealed. Sec. 1, Ch. 61, L. 1991. History: En....
85-1-408. Repealed - 85-1-408. Repealed. Sec. 1, Ch. 61, L. 1991. History: En....
85-1-409. Repealed - 85-1-409. Repealed. Sec. 1, Ch. 61, L. 1991. History: En....
Part 5. Power Generation at Projects
85-1-501. Survey of power generation capacity - 85-1-501. Survey of power generation capacity. (1) The department shall...
85-1-502. Notice of availability of lease sites - 85-1-502. Notice of availability of lease sites. (1) If after...
85-1-503. Receipt of applications - 85-1-503. Receipt of applications. (1) Applications for lease may be...
85-1-504. Determinations by department - 85-1-504. Determinations by department. (1) Within a reasonable time following...
85-1-505. Lease conditions - 85-1-505. Lease conditions. (1) The lessee shall pay a royalty...
85-1-506. Compliance with federal law - 85-1-506. Compliance with federal law. The department may hold a...
85-1-507. Duration of lease - 85-1-507. Duration of lease. The term of the lease may...
85-1-508. Duties of the department - 85-1-508. Duties of the department. The department has primary responsibility...
85-1-509. Power generation by department authorized - 85-1-509. Power generation by department authorized. (1) If lease applications...
85-1-510. Sale of power and allocation of revenue - 85-1-510. Sale of power and allocation of revenue. (1) If...
85-1-511. Determination by the public service commission - 85-1-511. Determination by the public service commission. A determination of...
85-1-512. Standards for the determination - 85-1-512. Standards for the determination. (1) The standards for the...
85-1-513. Purchase of power by electric cooperative not agreeing to be bound by public service commission determination - 85-1-513. Purchase of power by electric cooperative not agreeing to...
85-1-514. Power generation negotiation process - 85-1-514. Power generation negotiation process. (1) A person with federal...
Part 6. Renewable Resource Grant and Loan Program
85-1-601. Purpose and policies - 85-1-601. Purpose and policies. (1) The legislature finds and declares...
85-1-602. Objectives - 85-1-602. Objectives. (1) The department shall administer a renewable resource...
85-1-603. Renewable resource loan debt service fund created -- coal severance tax allocated -- renewable resource loan loss reserve fund created - 85-1-603. Renewable resource loan debt service fund created -- coal...
85-1-604. Repealed - 85-1-604. Repealed. Sec. 30, Ch. 432, L. 2007. History: En....
85-1-605. Grants, loans, and bonds for state, local, or tribal government assistance - 85-1-605. Grants, loans, and bonds for state, local, or tribal...
85-1-606. Grants and loans to private persons - 85-1-606. Grants and loans to private persons. (1) To encourage...
85-1-607. Repealed - 85-1-607. Repealed. Sec. 35, Ch. 478, L. 1993. History: En....
85-1-608. Applications for grants and loans to private persons - 85-1-608. Applications for grants and loans to private persons. (1)...
85-1-609. Eligibility for a loan or grant to a private person - 85-1-609. Eligibility for a loan or grant to a private...
85-1-610. Evaluation of grants and loans to private persons - 85-1-610. Evaluation of grants and loans to private persons. The...
85-1-611. Department to solicit views - 85-1-611. Department to solicit views. The department shall solicit and...
85-1-612. Rulemaking authority - 85-1-612. Rulemaking authority. The department shall adopt rules: (1) prescribing...
85-1-613. Limits on loans - 85-1-613. Limits on loans. (1) A loan to a private...
85-1-614. Limits on grants from natural resources projects state special revenue account - 85-1-614. Limits on grants from natural resources projects state special...
85-1-615. Security interests -- purchase, operation, and resale of encumbered property - 85-1-615. Security interests -- purchase, operation, and resale of encumbered...
85-1-616. Administration of loans and grants - 85-1-616. Administration of loans and grants. The department shall: (1)...
85-1-617. Issuing renewable resource bonds -- renewable resource loan proceeds account - 85-1-617. Issuing renewable resource bonds -- renewable resource loan proceeds...
85-1-618. Restrictions on use of bond proceeds - 85-1-618. Restrictions on use of bond proceeds. Renewable resource bond...
85-1-619. Debt service fund -- pledge and administration of sufficient balance - 85-1-619. Debt service fund -- pledge and administration of sufficient...
85-1-620. Renewable resource refunding bonds - 85-1-620. Renewable resource refunding bonds. (1) The board of examiners...
85-1-621. Report - 85-1-621. Report. The department shall prepare a biennial report describing...
85-1-622. Penalty - 85-1-622. Penalty. A member, officer, attorney, or other employee of...
85-1-623. Repealed - 85-1-623. Repealed. Sec. 3, Ch. 437, L. 1995. History: En....
85-1-624. Authorization of bonds - 85-1-624. Authorization of bonds. The board of examiners is authorized...
85-1-625. through 85-1-630 reserved - 85-1-625 through 85-1-630 reserved.
85-1-631. Water storage state special revenue account created -- revenues allocated -- appropriations from account - 85-1-631. Water storage state special revenue account created -- revenues...
Part 7. Water Storage Policy
85-1-701. Short title - 85-1-701. Short title. This part may be cited as the...
85-1-702. Purpose - 85-1-702. Purpose. The purpose of this part is to define...
85-1-703. Water storage policy - 85-1-703. Water storage policy. (1) The legislature recognizes that water...
85-1-704. Prioritization of water storage projects -- governor's report - 85-1-704. Prioritization of water storage projects -- governor's report. (1)...
Part 8. Lease Management Program
85-1-801. Statement of policy - 85-1-801. Statement of policy. It is the policy of the...
85-1-802. Leases authorized - 85-1-802. Leases authorized. (1) The department may lease all project...
85-1-803. Rulemaking - 85-1-803. Rulemaking. The department may adopt rules necessary to implement...
85-1-804. Appraisal of project lands -- adjustment of lease fee - 85-1-804. Appraisal of project lands -- adjustment of lease fee....
85-1-805. Full market value required - 85-1-805. Full market value required. The department shall determine the...
85-1-806. Withdrawal of lands from leasing - 85-1-806. Withdrawal of lands from leasing. The department may withdraw...
85-1-807. Assignment of leases -- subleasing not allowed - 85-1-807. Assignment of leases -- subleasing not allowed. (1) A...
85-1-808. Changes in lease use not authorized -- cancellation - 85-1-808. Changes in lease use not authorized -- cancellation. (1)...
85-1-809. Improvements authorized -- no compensation -- removal - 85-1-809. Improvements authorized -- no compensation -- removal. (1) A...
85-1-810. No pledge or mortgage of leasehold interest - 85-1-810. No pledge or mortgage of leasehold interest. A lessee...
85-1-811. Project lands lease and sales account - 85-1-811. Project lands lease and sales account. There is established...
85-1-812. Sale of leased cabin or home sites -- rulemaking - 85-1-812. Sale of leased cabin or home sites -- rulemaking....
85-1-813. Valuation of cabin or home sites and improvements - 85-1-813. Valuation of cabin or home sites and improvements. (1)...