MontanaHB 35569th Legislature, Regular Session (2025)House

Clarifying that easement rights retained when canal or ditch converted to pipeline

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Property owners keep canal rights after pipelines

Easement holders keep the right to enter, inspect, repair, and operate a canal or ditch. If it was turned into a pipeline, they keep these rights as long as the pipeline is clearly marked. No one may build on, block, or harm these easements, including return water paths, unless the holder agrees in writing. These rules cover easements gained by prescription or conveyance. The law does not create a new secondary easement if none existed before April 14, 1981, and it does not change contracts made before that date. In a lawsuit to enforce these rights, the winner can recover court costs and reasonable attorney fees.

Sponsors & Cosponsors

Sponsor

Ken Walsh
Republican • House

Cosponsors

Willis Curdy
Democrat • Senate

Roll Call Votes

All Roll Calls

Yes: 292 • No: 6

Senate vote • 4/14/2025

Do Concur

Yes: 47 • No: 1

Senate vote • 4/12/2025

Do Concur

Yes: 49 • No: 1

House vote • 2/19/2025

Do Pass

Yes: 98 • No: 2

House vote • 2/18/2025