The bill amends Section 70-17-112 of the Montana Code Annotated to clarify the rights associated with canal or ditch easements when such waterways are converted into pipelines. It establishes that individuals holding a canal or ditch easement retain a secondary easement for entering, inspecting, repairing, and maintaining the converted pipeline, provided that the pipeline is conspicuously marked. Additionally, the bill prohibits encroachment or impairment of easements for canals or ditches, including those converted into pipelines, unless the easement holder consents in writing.

The amendments also include a change in terminology, replacing "upon" with "on" in the context of encroachment, and explicitly state that the provisions regarding encroachment apply to pipelines as well. Furthermore, the bill clarifies that easements obtained by prescription or conveyance are included under this section, while also ensuring that no new secondary easements are established where none existed prior to April 14, 1981. Lastly, it stipulates that the prevailing party in any legal action to enforce these provisions is entitled to recover costs and reasonable attorney fees.

Statutes affected:
LC Text: 70-17-112
HB0355_1(1): 70-17-112
HB0355_1(2): 70-17-112
HB0355_1(3): 70-17-112
HB0355_1(4): 70-17-112
HB0355_1(5): 70-17-112
HB0355_1: 70-17-112
HB0355_X(1): 70-17-112
HB0355_X(2): 70-17-112
HB0355_X(3): 70-17-112
HB0355_X(4): 70-17-112
HB0355_X(5): 70-17-112
HB0355_X(6): 70-17-112
HB0355_X: 70-17-112