77-4-108. Water rights in connection with geothermal development. If any geothermal development located on state land requires the utilization of water, the lessee may, at any time prior to 1 year before the expiration of the lease, make application to the board for permission to secure a water right to the land under the lease. The application must be in writing, show the permanency of the water supply, and give the estimated cost of utilizing the water resources. If the proposed plan meets with the approval of the board, permission must be granted to the lessee to secure the desired water right for the land. The right must be secured in accordance with Title 85, chapter 2, and must be filed in the name of the state. Existing water rights purchased by the geothermal lessee are the property of the lessee.

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Terms Used In Montana Code 77-4-108

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Property: means real and personal property. See Montana Code 1-1-205
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Writing: includes printing. See Montana Code 1-1-203