Montana Code 77-1-1115. Navigable riverbed uses — lease, license, or easement required — challenges
77-1-1115. Navigable riverbed uses — lease, license, or easement required — challenges. (1) (a) After October 1, 2011, the department shall require a person who proposes to use the bed of a navigable river up to the low-water mark to obtain a lease, license, or easement pursuant to the provisions of this title.
Terms Used In Montana Code 77-1-1115
- 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
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(b)The requirements of subsection (1)(a) do not apply to footprints related to hunting, fishing, or trapping.
(2)An applicant for authorization to use the bed of a navigable river pursuant to 77-1-1112 or for a lease, license, or easement under this section may challenge the requirement of the authorization based on the navigability of the river, the location of the footprint related to the low-water mark, or other factors. There is no presumption of navigability because an entity has applied for or received a lease, license, or easement.