77-1-1103. Historic use of beds of navigable rivers -- authorization required -- exemptions. - Montana Statutes

     77-1-1103. (Temporary) Historic use of beds of navigable rivers -- authorization required -- exemptions. (1) A person using the bed of a navigable river below the low-water mark without written authorization from the department prior to October 1, 2009, who wants to continue use of the bed of a navigable river after October 1, 2009, shall file for authorization of the use on a form prescribed by the department for a lease, license, or easement by July 15, 2015.
     (2) The application must include:
     (a) an application fee of $50;
     (b) a notarized affidavit:
     (i) demonstrating that the applicant or the applicant's predecessor in interest used the bed of a river that has been determined navigable pursuant to 77-1-1108 and that the use continues;
     (ii) describing the acreage covered by the footprint prior to October 1, 2009; and
     (iii) demonstrating that the use applied for under this section is the use shown in the evidence provided in subsection (2)(c); and
     (c) (i) aerial photographs demonstrating the use to which the application for authorization applies; or
     (ii) other evidence of the use to which the application for authorization applies.
     (3) The department shall issue the authorization for a lease, license, or easement if:
     (a) the applicant provides evidence to satisfy the requirements of subsection (2);
     (b) the applicant pays the application fee and the full market value of the footprint acreage;
     (c) the department has, if necessary, made a site inspection of the use to which the application for authorization applies;
     (d) the authorization is only for the acreage of the footprint historically used by the applicant or the applicant's predecessor in interest; and
     (e) the authorization is approved by the board. The authorization must be approved if the requirements of this section are met.
     (4) Proceeds from the application fee must be deposited in the account in 77-1-1104 and must be used by the department to administer the provisions of this section.
     (5) The full market value collected pursuant to subsection (3)(b) must be deposited in the appropriate trust fund established for receipt of income from the land over which an authorized use is granted.
     (6) Issuance of an authorization pursuant to this section is exempt from the requirements of Title 22, chapter 3, part 4, and Title 75, chapter 1, parts 1 and 2.
     (7) The department shall waive the survey requirements of 77-2-102 if the department determines that there is sufficient information available to define the boundaries of the proposed use for the purposes of recording the easement or issuing a license or lease.
     (8) The requirements of this section do not apply to footprints:
     (a) related to hunting, fishing, or trapping;
     (b) that existed prior to November 8, 1889;
     (c) for which the applicant can show an easement obtained from a state agency prior to October 1, 2009; or
     (d) associated with a power site regulated pursuant to Title 77, chapter 4, part 2. (Void on occurrence of contingency--sec. 12, Ch. 475, L. 2009.)

     History: En. Sec. 3, Ch. 475, L. 2009.