Montana Statutes
§ 85-1-509 — Power Generation By Department Authorized
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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Legislative History
En. Sec. 9, Ch. 503, L. 1981; amd. Sec. 438, Ch. 418, L. 1995; amd. Sec. 1, Ch. 209, L. 1999.
Nearby Sections
15
§ 85-1-101
Policy Considerations§ 85-1-102
Definitions§ 85-1-103
Interpretation Of Title§ 85-1-104
Through 85-1-110 Reserved§ 85-1-111
Public Ways§ 85-1-112
Navigable Waters§ 85-1-113
Through 85-1-120 Reserved§ 85-1-121
Repealed§ 85-1-122
Clark Fork River§ 85-1-201
Rules§ 85-1-202
Repealed§ 85-1-203
State Water Plan§ 85-1-204
Department Powers Over State Water§ 85-1-206
Construction Of Works By Department