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. Specifically, it establishes that individuals holding a canal or ditch easement retain a secondary easement to enter, inspect, repair, and maintain 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 that have been 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. Furthermore, the bill emphasizes that the provisions regarding encroachment do not apply if the easement holder consents, and it clarifies that all easements obtained by prescription or conveyance are included under this section. The bill maintains that it does not create new secondary easements where none existed prior to April 14, 1981, and it ensures that any legal actions to enforce these provisions allow the prevailing party to recover costs and reasonable attorney fees.

Statutes affected:
LC Text: 70-17-112
HB0355_1(1): 70-17-112
HB0355_1: 70-17-112