77-1-1101. Legislative findings -- purpose. - Montana Statutes

     77-1-1101. (Temporary) Legislative findings -- purpose. (1) The legislature finds that:
     (a) Article IX, section 3, of the Montana constitution provides that the use of all water that is or may be appropriated for sale, rent, distribution, or other beneficial use, the right-of-way over the lands of others for all ditches, drains, flumes, canals, and aqueducts necessarily used in connection with the beneficial use, and the sites for reservoirs necessary for collecting and storing water are a public use;
     (b) a person who has historically used the bed of a navigable river in conjunction with a legal use of water or for other uses or a person who desires to use the bed of a navigable river in conjunction with a legal use of water or for other uses must be able to do so provided that statutory provisions are met;
     (c) owners of property adjacent to navigable rivers in Montana have historically been assessed property taxes on the beds of navigable rivers on the premise that the riverbeds are the property of the adjacent property owners;
     (d) the historic payment of property taxes on the bed of a navigable river constitutes adequate compensation for any past use of the riverbed and relieves the owner of adjacent property of the duty to compensate the state for past use of the riverbed;
     (e) any person who uses the bed of a navigable river after October 1, 2009, shall apply to the state for a lease, license, or easement and pay full market value for the use of the riverbed; and
     (f) the department has not consistently required payment for riverbed uses over time.
     (2) The purpose of this part is to clarify the historic and future use of the beds of navigable rivers and how the state should be compensated for that use. (Void on occurrence of contingency--sec. 12, Ch. 475, L. 2009.)

     History: En. Sec. 1, Ch. 475, L. 2009.