Montana legislation · 2025 Regular Session
Montana HB355: Clarifying that easement rights retained when canal or ditch converted to pipeline
Status: Signed into law, May 14, 2025
What the bill says
An act clarifying that related easements rights are retained when a canal or ditch is converted into a pipeline; and amending section 70-17-112, mca.
From the engrossed text:
AN ACT CLARIFYING THAT RELATED EASEMENTS RIGHTS ARE RETAINED WHEN A CANAL OR DITCH IS CONVERTED INTO A PIPELINE; AND AMENDING SECTION 70-17-112, MCA. Section 1. Section 70-17-112, MCA, is amended to read: "70-17-112. Interference with canal or ditch easements prohibited. (1) A person with a canal or ditch easement has a secondary easement to enter, inspect, repair, and maintain a canal or ditch or to operate the appropriation works. A person retains this secondary easement if the canal or ditch is converted into a pipeline and the pipeline is conspicuously marked. (2) A person may not encroach upon on or otherwise impair any easement for a canal or ditch used for irrigation or any other lawful domestic or commercial purpose, including carrying return water. A person may not encroach on or otherwise impair any easement for a canal or ditch under this subsection that has been converted into a pipeline. (3) The provisions of subsection (2) do not apply if the holder of the canal or, ditch, or pipeline easement consents in writing to the encroachment or impairment. (4) Each canal or ditch easement obtained by prescription or conveyance is included within the scope of this section. Nothing in this section establishes a secondary easement where none existed prior to April 14, 1981. This section does not affect contracts …
Sponsors
- Walsh, Ken (R, 69) · primary sponsor
- Curdy, Willis (D, 49)
Latest actions
- : Chapter Number Assigned
- : (H) Signed by Governor
- : (H) Transmitted to Governor
- : (S) Signed by President
- : (H) Signed by Speaker
- : Chapter Number Assigned
- : (H) Signed by Governor
- : (H) Transmitted to Governor
- : (S) Signed by President
- : (H) Signed by Speaker
Votes
- Do Concur (April 14, 2025): 47 yea, 1 nay, passed
- Do Concur (April 12, 2025): 48 yea, 1 nay, passed
- Do Pass (February 19, 2025): 98 yea, 2 nay, passed
- Do Pass (February 18, 2025): 97 yea, 2 nay, passed
Subjects: Property, Water
Common questions
- What is HB355?
- HB355 is a bill in the Montana Legislature (2025 Regular Session): Clarifying that easement rights retained when canal or ditch converted to pipeline.
- What does HB355 do?
- In its own words: An act clarifying that related easements rights are retained when a canal or ditch is converted into a pipeline; and amending section 70-17-112, mca.
- What is the status of HB355?
- Signed into law as of May 14, 2025. Latest action: Chapter Number Assigned (June 12, 2025).
- Who sponsored HB355?
- Walsh, Ken (R, 69), with 1 co-sponsor.
- Where is the official record for HB355?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC1218
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.