77-1-1106. Easement transferable -- relocation of structure -- increased footprint. - Montana Statutes

     77-1-1106. (Temporary) Easement transferable -- relocation of structure -- increased footprint. (1) An easement granted pursuant to 77-1-1103 or 77-1-1105 runs with the benefited land and may be transferred or assigned.
     (2) (a) Pursuant to rules adopted under 77-1-1107, the holder of a lease, license, or easement under 77-1-1103 or 77-1-1105 may relocate a footprint and associated facilities due to the natural relocation of a navigable river or other factors.
     (b) (i) The holder of a lease, license, or easement shall provide written notice to the department when a footprint or associated facilities are proposed to be relocated.
     (ii) The holder of a lease, license, or easement for water diversion structures associated with a water right may increase the size of the footprint if the increase is necessary to accomplish the purpose for which the lease, license, or easement was granted if the holder pays full market value for the portion of the footprint that is greater than the original footprint and the applicant has the appropriate state or federal permits.
     (3) Section 77-1-805 applies to the use of navigable rivers for which leases, licenses, or easements for the use of the bed have been granted. (Void on occurrence of contingency--sec. 12, Ch. 475, L. 2009.)

     History: En. Sec. 6, Ch. 475, L. 2009.