Bill > HB355

This bill clarifies and expands the legal protections for easement rights when a canal or ditch is converted to a pipeline. Specifically, the bill amends Montana Code Annotated (MCA) section 70-17-112 to explicitly state that when a canal or ditch is transformed into a pipeline, the original easement rights are still retained. These rights include the ability to enter, inspect, repair, and maintain the pipeline, provided the pipeline is conspicuously marked. The bill prevents encroachment or impairment of such easements, whether they exist as an open canal/ditch or as a pipeline. The legislation maintains the existing provision that easement holders can consent to encroachment in writing, and it preserves the right of the prevailing party to receive costs and reasonable attorney fees in any legal action enforcing these rights. Essentially, the bill ensures that the conversion of a canal or ditch to a pipeline does not diminish the underlying property access and maintenance rights that were originally established.

Agriculture and Natural Resources

https://bills.legmt.gov/#/laws/bill/2/LC1218