Montana § 77-1-1115 Navigable Riverbed Uses -- Lease, License, Or Easement Required -- Challenges

Montana Statutes

§ 77-1-1115 — Navigable Riverbed Uses -- Lease, License, Or Easement Required -- Challenges

Montana·Title 77 STATE LANDS·Ch. 1 ADMINISTRATION OF STATE LANDS·Part 11 Use of Beds of Navigable Rivers

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 ent

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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.

Montana § 77-1-1115 (Navigable Riverbed Uses -- Lease, License, Or Easement Required -- Challenges) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.