Title 85, Title 85

(1) The standards for the determination provided for in 85-1-511 by the public service commission shall include the following: (a) Long-term contracts for the purchase of electricity by the utility or electric cooperative from a small-scale hydroelectric facility under this chapt…

If any electric cooperative wishing to purchase power from a small-scale hydroelectric facility under this chapter refuses to submit to the ratemaking authority of the public service commission established in 85-1-511, then the rate for such cooperative may be determined by the f…

(1) A person with federal authorization or, if authorization is not required, a person planning to construct a small-scale hydroelectric generation facility at a state-owned project shall submit an application to the department for hydroelectric development at the state-owned pro…

(1) The legislature finds and declares that in order that the people of Montana may enjoy the benefits of the state's water and other renewable resources, the state shall establish this long-term renewable resource grant and loan program providing financial and administrative ass…

(1) The department shall administer a renewable resource grant and loan program to enhance Montana's renewable resources through projects that measurably conserve, develop, manage, or preserve resources. Either grants or loans may be provided to fund the following: (a) feasibilit…

(1) (a) There is created a renewable resource loan debt service fund within the debt service fund type established in 17-2-102. (b) The state pledges and allocates and directs to be credited to the renewable resource loan debt service fund, as received: (i) 0.95% of all money fro…

(1) The department may recommend to the legislature that grants and loans be made from revenue deposited in the natural resources projects state special revenue account established in 15-38-302, that loans be made from renewable resource bond proceeds deposited in the renewable r…

(1) To encourage the construction and development of water-related projects, the department may make grants and loans to private persons from funds appropriated from the natural resources projects state special revenue account established in 15-38-302 and may make loans to privat…

(1) A private person may apply for a grant or loan to finance a water-related project to be constructed, developed, and operated in Montana. (2) An application for a loan or grant must be in the form prescribed by rule and contain or be accompanied by any information necessary to…

The department may not award a grant or loan to a private person unless the department finds, based on the application and the department's investigation and evaluation of the proposal, that: (1) the proposed water-related project: (a) will promote, enhance, or advance the purpos…

The department shall consider the following criteria and preferences in evaluating applications and selecting the recipients of grants and loans for water-related projects that are eligible for funding under 85-1-609: (1) The extent and desirability of the public benefits that wi…

The department shall solicit and consider in its evaluation of proposed projects the views of interested and affected departments, boards, agencies, commissions, and other subdivisions of the state, including local political subdivisions, of a tribal government, of the federal go…

The department shall adopt rules: (1) prescribing a reasonable application fee and the form and content of applications for grants and loans; (2) governing the application of the criteria for awarding loans and grants to private persons; (3) providing for the servicing of loans i…

(1) A loan to a private person that is not a water users' association or ditch company organized and incorporated pursuant to Title 35, chapter 14, or Title 85, chapter 6, part 1, for a renewable resource grant and loan program project may not be made from the natural resources p…

(1) The maximum grant awarded to a private person may not exceed the lesser of: (a) 5% of the estimated total funds potentially available in the natural resources projects state special revenue account established in 15-38-302 for public and private grants in the biennium in whic…

(1) The state has a lien upon a project constructed with money from the natural resources projects state special revenue account established in 15-38-302 or the renewable resource loan proceeds account for the amount of the loan and interest due the state. This lien may attach to…

The department shall: (1) administer the loan and grant program established by this part; (2) service loans made or contract and pay for the servicing of loans, including arrangements for obtaining security interests; and (3) collect reasonable fees or charges for the servicing o…

(1) When authorized by the legislature or requested by the department pursuant to 85-1-605(2) and within the limits of the authorization on the request and the further limitations established in this section, the board of examiners may issue and sell renewable resource bonds of t…

Renewable resource bond proceeds may be used only for the purpose of making loans as provided in the renewable resource grant and loan program or for purchasing liens and operating property as provided in 85-1-615.

(1) The legislature may levy, impose, assess, and pledge and appropriate to the renewable resource loan debt service fund any tax, charge, fee, rental, or other income from any designated source. The state reserves the right to modify from time to time the nature and amount of sp…

(1) The board of examiners may issue refunding bonds at times and in amounts, if any, as may be necessary to pay principal or interest due that cannot be paid from funds then on hand in the renewable resource loan debt service fund. The board of examiners may also issue refunding…

The department shall prepare a biennial report describing the status of the renewable resource grant and loan program. The report must describe ongoing projects and projects that have been completed during the biennium. The report must identify and rank in order of priority the p…

A member, officer, attorney, or other employee of the board or the department may not, directly or indirectly, be the beneficiary of or receive any fee, commission, gift, or other consideration for or in connection with any transaction or business under this part other than the s…

The board of examiners is authorized to issue and sell general obligation renewable resource bonds for the renewable resource grant and loan program created under Title 85, chapter 1, part 6, in accordance with the terms and conditions and in the manner provided in 85-1-617 from …

(1) There is a water storage state special revenue account within the state special revenue fund established in 17-2-102. (2) There must be paid into the water storage state special revenue account: (a) for the biennium beginning July 1, 2007, the proceeds of the resource indemni…

The department is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when authorizing grants, loans, or bonds related to conservation, reclamation, and renewable resource activities pursuant to this part.

This part may be cited as the "Water Storage Policy Act".

The purpose of this part is to define the role of water storage in solving water management problems and, if water storage projects provide the best solutions to those problems, to facilitate the development of the projects.

(1) The legislature recognizes that water resource needs are growing, existing water facilities are aging and in need of repair, and new water storage projects have become more difficult to complete. Other types of action will be needed to solve many emerging problems, but if wat…

(1) The governor shall submit to the legislature a report in accordance with 5-11-210 identifying specific water storage projects proposed for development, including the rehabilitation of existing projects and new project proposals. The report must contain: (a) a list of water st…

It is the policy of the state that in the interest of accomplishing a self-supporting program from the leasing of project lands, the project lands must be appraised by the department at least once during the term of each lease. The purpose of the appraisals is to determine the le…

(1) The department may lease all project lands appurtenant to a state-owned water project for purposes that the department considers appropriate. (2) A lease of project lands to the department of fish, wildlife, and parks for public recreational use may not exceed 30 years. Other…

The department may adopt rules necessary to implement and administer the leasing of project lands. These rules may include but are not limited to rules governing the: (1) growing of crops or grazing of livestock; (2) establishment of responsibility for a lessee to pay the assessm…

The department shall appraise project lands owned by the department and shall maintain records of the appraisals. Not less than once during the term of a lease, the department shall reappraise the project lands and adjust the lease fee accordingly. The department may not increase…

The department shall determine the full market value of project lands. The department may not accept a bid that is below full market value.

The department may withdraw project lands from leasing for a period of time as the department determines to be in the best interest of the state.

(1) A lease of project lands may be assigned on forms prescribed by the department. An assignment is not binding on the department unless the assignment is filed with and approved by the department. An assignment fee must be paid to the department at the time of filing the assign…

(1) During the term of a lease, the use of the project lands may not be changed. A change in the use of the lands automatically voids the lease. (2) The department may cancel a lease for any of the following causes: (a) fraud, misrepresentation, or concealment of facts relating t…

(1) A lessee of project lands may place on the lands a reasonable amount of improvements directly related to the necessary use of the lands as provided in the lease. (2) The department is not liable to pay compensation to a lessee or a former lessee for improvements made to proje…

A lessee of project lands may not pledge the lease or mortgage a leasehold interest in the project lands.

There is established a project lands lease and sales account within the state special revenue fund of the state treasury. All sale proceeds and lease fees collected under this part must be deposited in the account to pay the department's costs and expenses in administering this p…

(1) (a) Subject to subsection (7), the department shall make available for sale within a reasonable period of time project lands that are state land cabin or home sites on October 1, 2021, at the request of a lessee or an improvement owner and with the consent of any mortgagee or…

(1) (a) Prior to the sale of project lands pursuant to 85-1-812, the department shall separately determine the full market value of the land and the value of the cabin site improvements existing on the land and the value of any necessary access easement across existing state land…

(Temporary) Short title. This part may be cited as the "Western Montana Conservation Commission Act". (Terminates June 30, 2029--sec. 12, Ch. 428, L. 2023.)

(Temporary) Purpose. The purpose of the western Montana conservation commission is to protect the existing high quality of western Montana's aquatic resources. (Terminates June 30, 2029--sec. 12, Ch. 428, L. 2023.)