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69th Legislature 2025 HB 355
- 1 - Authorized Print Version – HB 355
ENROLLED BILL
AN ACT CLARIFYING THAT RELATED EASEMENTS RIGHTS ARE RETAINED WHEN A CANAL OR DITCH
IS CONVERTED INTO A PIPELINE; AND AMENDING SECTION 70-17-112, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 70-17-112, MCA, is amended to read:
"70-17-112. Interference with canal or ditch easements prohibited. (1) A person with a canal or
ditch easement has a secondary easement to enter, inspect, repair, and maintain a canal or ditch or to operate
the appropriation works. A person retains this secondary easement if the canal or ditch is converted into a
pipeline and the pipeline is conspicuously marked.
(2) A person may not encroach upon on or otherwise impair any easement for a canal or ditch
used for irrigation or any other lawful domestic or commercial purpose, including carrying return water. A
person may not encroach on or otherwise impair any easement for a canal or ditch under this subsection that
has been converted into a pipeline.
(3) The provisions of subsection (2) do not apply if the holder of the canal or, ditch, or pipeline
easement consents in writing to the encroachment or impairment.
(4) Each canal or ditch easement obtained by prescription or conveyance is included within the
scope of this section. Nothing in this section establishes a secondary easement where none existed prior to
April 14, 1981. This section does not affect contracts or agreements concluded prior to April 14, 1981.
(5) If a legal action is brought to enforce the provisions of this section, the prevailing party is
entitled to costs and reasonable attorney fees."
- END -
I hereby certify that the within bill,
HB 355, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 355
INTRODUCED BY K. WALSH, M. NIKOLAKAKOS, C. SCHOMER, E. TILLEMAN, L. JONES
AN ACT CLARIFYING THAT RELATED EASEMENTS RIGHTS ARE RETAINED WHEN A CANAL OR DITCH
IS CONVERTED INTO A PIPELINE; AND AMENDING SECTION 70-17-112, MCA.