HB355

Montana HB355 clarifies that easement rights are retained when a canal or ditch is converted to a pipeline.

Montana HB355 amends the law to clarify that when a canal or ditch is converted into a pipeline, the easement rights for the canal or ditch are retained. The pipeline must be conspicuously marked. The bill specifies that encroachment or impairment of the easement is prohibited unless the easement holder consents in writing. This change applies to all canal or ditch easements obtained by prescription or conveyance, but it does not establish secondary easements where none existed prior to April 14, 1981. The bill also ensures that existing contracts or agreements are not affected.