Montana § 85-1-509 Power Generation By Department Authorized

Montana Statutes

§ 85-1-509 — Power Generation By Department Authorized

Montana § 85-1-509

Title 85WATER USE

Ch. 1WATER RESOURCES

Part 5Power Generation at Projects

This text of Montana § 85-1-509 (Power Generation By Department Authorized) 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. § 85-1-509 (2026).

Text

85-1-509 . Power generation by department authorized.

(1)If lease applications are not received under 85-1-503 or if the department rejects all lease applications under 85-1-504 , the department may proceed to obtain any necessary license, permit, or exemption under federal law and commence construction and operation of a small-scale hydroelectric generation facility pursuant to the provisions of this chapter. Construction may not commence until the department has clear and convincing evidence that construction is economically feasible and is the most practical means by which the facility could be developed.

(2)Financing of construction and operation of the facility must be accomplished in a manner determined by the department to be most feasible.

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85-1-509 . Power generation by department authorized. (1) If lease applications are not received under 85-1-503 or if the department rejects all lease applications under 85-1-504 , the department may proceed to obtain any necessary license, permit, or exemption under federal law and commence construction and operation of a small-scale hydroelectric generation facility pursuant to the provisions of this chapter. Construction may not commence until the department has clear and convincing evidence that construction is economically feasible and is the most practical means by which the facility could be developed.
(2) Financing of construction and operation of the facility must be accomplished in a manner determined by the department to be most feasible.