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 § 77-1-1115

Title 77STATE LANDS

Ch. 1ADMINISTRATION OF STATE LANDS

Part 11Use of Beds of Navigable Rivers

This text of Montana § 77-1-1115 (Navigable Riverbed Uses -- Lease, License, Or Easement Required -- Challenges) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 77-1-1115 (2026).

Text

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

Free access — add to your briefcase to read the full text and ask questions with AI

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.