reglab/housing_qa huggingface dataset:
MT Code § 77-4-103 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 1. Geothermal Resources|77-4-103. Rules

  77-4-103. Rules. The board shall adopt rules governing the issuance of geothermal resource leases and the conduct of all geothermal operations. The board may also require the applicant for a geothermal lease to pay an application fee.   History: En. 81-2603 by Sec. 3, Ch. 111, L. 1974; R.C.M. 1947, 81-2603.
MT Code § 77-4-104 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 1. Geothermal Resources|77-4-104. Nature of geothermal resources

  77-4-104. Nature of geothermal resources. Geothermal resources are sui generis, being neither a mineral resource nor a water resource, but they are closely related to and possibly affecting and affected by water resources in many instances.   History: En. 81-2602 by Sec. 2, Ch. 111, L. 1974; R.C.M. 1947, 81-2602(part).
MT Code § 77-4-105 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 1. Geothermal Resources|77-4-105. State retention of geothermal resources

  77-4-105. State retention of geothermal resources. No right to seek, obtain, or use geothermal resources has passed or shall pass with any existing or future lease of state or school lands.   History: En. 81-2602 by Sec. 2, Ch. 111, L. 1974; R.C.M. 1947, 81-2602(part).
MT Code § 77-4-106 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 1. Geothermal Resources|77-4-106. Bonding requirements

  77-4-106. Bonding requirements. The board may, at any time prior to the execution and delivery of a geothermal lease or at any time during the life of the lease, require a lessee to file with the department a bond to protect the rights of the state. The bond shall be in form and amount prescribed by the board. The board may at any time require new or additional bonds if the interests of the state will not adequately be protected by the bond previously filed.   History: En. 81-2606 by Sec. 6, Ch. 111, L. 1974; R.C.M. 1947, 81-2606.
MT Code § 77-4-107 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 1. Geothermal Resources|77-4-107. Compensation to surface lessee

  77-4-107. Compensation to surface lessee. The lessee of any geothermal lease shall compensate the surface lessee for any damage to the surface or leasehold interest caused as a result of the geothermal lease. The board may require the geothermal lessee to post a bond in an amount to be set by the board to insure the payment of damages to any surface lessee. If the surface lessee and the geothermal lessee disagree as to the reasonable amount of surface damage, damage shall be ascertained in the same manner as prescribed in 77-4-129.   History: En. 81-2607 by Sec. 7, Ch. 111, L. 1974; R.C.M. 1947, 81-2607.
MT Code § 77-4-108 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 1. Geothermal Resources|77-4-108. Water rights in connection with geothermal development

  77-4-108. Water rights in connection with geothermal development. If any geothermal development located on state land requires the utilization of water, the lessee may, at any time prior to 1 year before the expiration of the lease, make application to the board for permission to secure a water right to the land under the lease. The application must be in writing, show the permanency of the water supply, and give the estimated cost of utilizing the water resources. If the proposed plan meets with the approval of the board, permission must be granted to the lessee to secure the desired water right for the land. The right must be secured in accordance with Title 85, chapter 2, and must be filed in the name of the state. Existing water rights purchased by the geothermal lessee are the property of the lessee.   History: En. 81-2611 by Sec. 11, Ch. 111, L. 1974; R.C.M. 1947, 81-2611; amd. Sec. 2560, Ch. 56, L. 2009.
MT Code § 77-4-109 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 1. Geothermal Resources|77-4-109. Conflicting leases

  77-4-109. Conflicting leases. Where there are conflicting leases, including but not limited to geothermal, coal, mineral, and oil and gas leases, embracing the same land, the person who first was issued a lease shall be entitled to priority of rights; provided, however, that the exercise of this priority shall not interfere with actual production from the lease as determined by the board.   History: En. 81-2612 by Sec. 12, Ch. 111, L. 1974; R.C.M. 1947, 81-2612.
MT Code § 77-4-110 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 1. Geothermal Resources|77-4-110. through 77-4-120 reserved

  77-4-110 through 77-4-120 reserved.
MT Code § 77-4-121 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 1. Geothermal Resources|77-4-121. Provisions of the lease

  77-4-121. Provisions of the lease. (1) A lease issued by the board gives the lessee, so long as the lessee complies with the terms and conditions of the lease, the exclusive right of possession of the lands or interests leased, subject to conditions contained in the lease.   (2) In a geothermal resource lease granted there is reserved to this state the right to sell, lease, or otherwise dispose of the surface of the lands covered by the lease subject to the rights and privileges granted the lessee under the terms of the lease.   (3) A lease must specify the rental and royalty to be paid, reasonable forfeiture provisions, and reasonable terms under which the lessee may, within a specified time, remove property placed on the leased lands upon the termination of the lease by forfeiture or by lapse of time.   (4) The lease may contain other provisions that the board and the lessee agree upon that are not inconsistent with this part.   History: En. 81-2604 by Sec. 4, Ch. 111, L. 1974; R.C.M. 1947, 81-2604(part); amd. Sec. 2561, Ch. 56, L. 2009.
MT Code § 77-4-122 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 1. Geothermal Resources|77-4-122. Duration of lease

  77-4-122. Duration of lease. The term of each lease shall be for a primary term of 10 years and for so long thereafter as geothermal resources in paying quantities are produced, provided that all conditions and terms of the lease are fully performed by the lessee.   History: En. 81-2604 by Sec. 4, Ch. 111, L. 1974; R.C.M. 1947, 81-2604(part).
MT Code § 77-4-123 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 1. Geothermal Resources|77-4-123. Extension of lease

  77-4-123. Extension of lease. If geothermal resources are not being produced from the leased premises at the expiration of the primary term of the lease but the owner of the lease is then engaged in drilling on the premises for geothermal resources, then the lease term shall be extended for so long as the drilling operations are diligently continued. If geothermal resources are recovered from any well drilled after the expiration of the primary term, the lease shall continue in force so long as geothermal resources in paying quantities are produced from the leased premises.   History: En. 81-2604 by Sec. 4, Ch. 111, L. 1974; R.C.M. 1947, 81-2604(part).
MT Code § 77-4-124 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 1. Geothermal Resources|77-4-124. Operating agreements

  77-4-124. Operating agreements. Lessees may enter into agreements with other persons, associations, firms, and corporations for drilling and other operations on state lands, but no such operating agreements shall be binding upon the state until filed with the department and approved by the board. No drilling or operating agreement may affect the obligations of each individual leaseholder to the state.   History: En. 81-2604 by Sec. 4, Ch. 111, L. 1974; R.C.M. 1947, 81-2604(4).
MT Code § 77-4-125 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 1. Geothermal Resources|77-4-125. Pooling agreements and unit operations

  77-4-125. Pooling agreements and unit operations. (1) Nothing contained in this part or other related laws shall prevent the board from entering into agreements for the pooling of acreage for unit operations for the production of geothermal resources and apportionment of geothermal royalties on an acreage or other equitable basis or from modifying the royalty provisions of existing leases and all subsequent leases in accordance with pooling agreements and unit plans of operation. No agreement may be entered into which changes the percentage of royalties to be paid to the state from the percentages fixed in its leases.   (2) Geothermal resources produced from any part of a unit in which state lands are included by virtue of a pooling agreement shall be considered to be produced from the state lands therein.   History: En. 81-2604 by Sec. 4, Ch. 111, L. 1974; R.C.M. 1947, 81-2604(5), (6).
MT Code § 77-4-126 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 1. Geothermal Resources|77-4-126. Royalties and rentals

  77-4-126. Royalties and rentals. Geothermal leases shall be issued at an annual rental of not less than $1 per acre, payable in advance and/or a royalty which shall not be less than 10% of the amount or value of steam or other forms of heat or energy derived from the production under the lease and sold or utilized by the lessee or reasonably susceptible to sale or utilization by the lessee and not more than 5% of any byproduct derived from production under the lease and sold or utilized or reasonably susceptible of sale or utilization by the lessee.   History: En. 81-2605 by Sec. 5, Ch. 111, L. 1974; R.C.M. 1947, 81-2605.
MT Code § 77-4-127 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 1. Geothermal Resources|77-4-127. Disposition of royalties and other receipts

  77-4-127. Disposition of royalties and other receipts. (1) The department shall credit fees collected under geothermal leases to the general fund.   (2) All rentals, penalties, and bonuses shall be credited to the income fund of the grant to which the lands under each lease belong.   (3) All moneys collected as royalties shall be credited to the permanent fund arising from the grant to which the land under each particular lease belongs.   History: En. 81-2610 by Sec. 10, Ch. 111, L. 1974; R.C.M. 1947, 81-2610.
MT Code § 77-4-128 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 1. Geothermal Resources|77-4-128. Permission for and disposition of improvements

  77-4-128. Permission for and disposition of improvements. (1) A geothermal lessee of state lands has the right to place upon the leased lands a reasonable amount of improvements, provided that the improvements are directly related to the purpose of the lease.   (2) Whenever another person becomes the geothermal lessee, the person shall pay the former lessee the reasonable value of the improvements at the time the new lessee takes possession of the improvements.   (3) In determining the value of these improvements, the original cost, the present condition, and the suitability of the improvements for the uses ordinarily made of geothermal resources must be considered.   (4) The former lessee may remove or dispose of the movable improvements from the land within 60 days from the expiration of the former lessee's lease except for the well casing and other equipment necessary for the preservation of any geothermal well. If not removed within 60 days, improvements become the property of the state unless the board grants additional time for the removal of the improvements. Before a lease is issued to the new lessee, the new lessee shall show that the new lessee has paid the former lessee the value of the improvements as agreed upon by them or as fixed and determined under 77-4-129, that the new lessee has offered to pay the value of the improvements as fixed and determined, or that the former lessee elects to remove the improvements.   History: En. 81-2608 by Sec. 8, Ch. 111, L. 1974; R.C.M. 1947, 81-2608; amd. Sec. 2562, Ch. 56, L. 2009.
MT Code § 77-4-129 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 1. Geothermal Resources|77-4-129. Procedure to fix value of improvements

  77-4-129. Procedure to fix value of improvements. (1) If the owner of any improvements on state lands of the type authorized by law at the time they were placed on the land desires to sell these improvements to the new lessee and they are unable to agree on the value of the improvements, the value must be ascertained and fixed by three arbitrators, one of whom must be appointed by the owner of the improvements, one by the new lessee, and the third by the two arbitrators appointed. The reasonable compensation that the arbitrators may fix must be paid in equal shares by the owner of the improvements and the new lessee. The value of the improvements as ascertained and fixed is binding on both parties.   (2) If either party is dissatisfied with the valuation as fixed, the party may within 10 days appeal the arbitrators' decision to the department and the department shall examine the improvements and make the final decision as to the value of the improvements. The department shall apportion the actual cost of the reexamination to the owner and the new lessee as justice may require. The value of the improvements must be ascertained and fixed as provided in 77-4-128.   History: En. 81-2609 by Sec. 9, Ch. 111, L. 1974; R.C.M. 1947, 81-2609; amd. Sec. 2563, Ch. 56, L. 2009.
MT Code § 77-4-201 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 2. Hydroelectric Resources|77-4-201. Lease or license of power sites

  77-4-201. Lease or license of power sites. It is unlawful to sell or advertise for sale state lands constituting power sites or part of power sites capable of developing hydroelectric energy in commercial quantities. However, the board may issue a lease or license to any person, corporation, or municipality for the development of power sites and the distribution, use, and disposition of the electrical energy generated on the sites as specifically provided in this chapter.   History: En. Sec. 2, Ch. 123, L. 1931; re-en. Sec. 1904.2, R.C.M. 1935; R.C.M. 1947, 81-1802; amd. Sec. 70, Ch. 7, L. 2001.
MT Code § 77-4-202 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 2. Hydroelectric Resources|77-4-202. Power site defined

  77-4-202. Power site defined. The words "power site" as used in this part shall mean not only the state-owned land on which the dam is constructed, but also each separate tract of such land which will become part of the reservoir and which in and of itself makes an essential contribution to the value of the power site as a whole of not less than 5% of the entire value of such power site.   History: En. Sec. 1, Ch. 123, L. 1931; re-en. Sec. 1904.1, R.C.M. 1935; R.C.M. 1947, 81-1801.
MT Code § 77-4-203 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 2. Hydroelectric Resources|77-4-203. Restrictions and regulations

  77-4-203. Restrictions and regulations. In issuing any lease or license under the provisions of this part, the board shall have the power and it shall be its duty to incorporate in the lease or license such reasonable restrictions and regulations as it finds necessary in order to protect the interest of the state and its people.   History: En. Sec. 6, Ch. 123, L. 1931; re-en. Sec. 1904.6, R.C.M. 1935; R.C.M. 1947, 81-1806.
MT Code § 77-4-204 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 2. Hydroelectric Resources|77-4-204. Examination of power sites

  77-4-204. Examination of power sites. Whenever an application in writing has been presented to the board for lease or license on a power site on state lands, the board shall make such preliminary examination as to the value of the power site, as to the plans of development submitted by the applicant, and of all other matters relating to the proposed development as it deems necessary for the proper disposition of the business.   History: En. Sec. 3, Ch. 123, L. 1931; re-en. Sec. 1904.3, R.C.M. 1935; R.C.M. 1947, 81-1803(part).
MT Code § 77-4-205 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 2. Hydroelectric Resources|77-4-205. Notice of proposed lease or license

  77-4-205. Notice of proposed lease or license. If these preliminary investigations and the offer made for lease or license are such that the board deems further proceedings on the application to be justified, it shall cause notice of the proposed lease or license to be published not less than once each week during not less than 6 weeks previous to the meeting at which further consideration will be given to the application in two newspapers of general circulation throughout the state, one of such newspapers to be published in the neighborhood of the location of the power site.   History: En. Sec. 3, Ch. 123, L. 1931; re-en. Sec. 1904.3, R.C.M. 1935; R.C.M. 1947, 81-1803(part).
MT Code § 77-4-206 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 2. Hydroelectric Resources|77-4-206. Meeting of board on proposed lease or license

  77-4-206. Meeting of board on proposed lease or license. (1) At this meeting all other applications which may have been received for lease or license to such power sites shall be duly considered together with the application originally filed.   (2) The board shall have the right to reject any or all bids.   (3) If, however, the board finds that any of the bids submitted offers to pay adequate rental for such power site, shows to the satisfaction of the board that it is capable of carrying out the proposed development and of rendering efficient service to the customers that will be served from such power development, and intends in good faith without any unnecessary delay to proceed with the development, then the board shall accept such bid. If more than one such acceptable bid is received, then the lease or license shall be awarded to the person, corporation, or municipality whose offer, considered in its totality, is the most advantageous to the state.   History: En. Sec. 3, Ch. 123, L. 1931; re-en. Sec. 1904.3, R.C.M. 1935; R.C.M. 1947, 81-1803(part).
MT Code § 77-4-207 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 2. Hydroelectric Resources|77-4-207. Preference to bid of municipality

  77-4-207. Preference to bid of municipality. In case one of the applicants is a municipality, its bid shall have preference provided that it is in all respects as advantageous to the state as the bid which has been submitted by any person or corporation.   History: En. Sec. 3, Ch. 123, L. 1931; re-en. Sec. 1904.3, R.C.M. 1935; R.C.M. 1947, 81-1803(part).
MT Code § 77-4-208 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 2. Hydroelectric Resources|77-4-208. Rental for power sites -- deposit of rental money in proper accounts

  77-4-208. Rental for power sites -- deposit of rental money in proper accounts. (1) The rental payment to the state for power sites must be paid annually or semiannually, and the rental may not be less than the full market value of the estate or interest disposed of through the granting of the lease or license. The value must be carefully ascertained from all available sources.   (2) Beginning July 1, 2011, all rental payments received under this section must be deposited in accordance with 17-3-1003(5).   History: En. Sec. 3, Ch. 123, L. 1931; re-en. Sec. 1904.3, R.C.M. 1935; R.C.M. 1947, 81-1803(part); amd. Sec. 18, Ch. 377, L. 2009; amd. Sec. 5, Ch. 371, L. 2011.
MT Code § 77-4-209 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 2. Hydroelectric Resources|77-4-209. Duration of lease

  77-4-209. Duration of lease. The term of the lease shall not exceed 50 years.   History: En. Sec. 3, Ch. 123, L. 1931; re-en. Sec. 1904.3, R.C.M. 1935; R.C.M. 1947, 81-1803(part).
MT Code § 77-4-210 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 2. Hydroelectric Resources|77-4-210. Joint development with United States

  77-4-210. Joint development with United States. (1) If the state land constituting a power site is part of a larger power site owned or controlled by the government of the United States, then the board may grant a joint lease or license with the United States for the development of the power site and the distribution, use, and disposition of the electrical energy generated at the power site under the laws of the United States and regulations issued pursuant to those laws.   (2) The lease or license may be granted for a term not exceeding 50 years.   (3) The share or percentage of ownership of the state in the joint power site must be in proportion to the total contribution that the lands of the state make to the value of the entire power site. Before the share of the state in the power site is advertised for lease or license, the percentage of the state's share in the entire power site must be calculated and agreed upon between the state and the United States.   (4) The fee or compensation to be paid to the state under the lease or license must be calculated on the basis of the state's share of ownership in the entire power site as calculated and agreed to. However, the fee or compensation may not be less than the full market value of the estate or interest disposed of in the lands through the granting of the lease or license to be carefully ascertained from all available sources.   (5) Before the lease or license is issued, notice of the lease or license must be given in the same manner as required in this chapter for the issuance of a separate lease or license by the state.   History: En. Sec. 4, Ch. 123, L. 1931; re-en. Sec. 1904.4, R.C.M. 1935; R.C.M. 1947, 81-1804; amd. Sec. 71, Ch. 7, L. 2001.
MT Code § 77-4-211 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 2. Hydroelectric Resources|77-4-211. Amortization of investment

  77-4-211. Amortization of investment. (1) In all cases where the lease or license issued by the United States requires the amortization of the investment made in dams, machinery, equipment, and appurtenant works, such amortization requirement shall also apply to that portion of the investment representing the state's part or share in the power site so that the state will at all times retain its full share of ownership in the power site and in the dams, machinery, equipment, and appurtenant works.   (2) If the state lands constitute a separate power site wholly owned by the state and independently developed, the lease or license issued by the state may provide for the amortization of the capital invested in the dam, machinery, equipment, and appurtenant works, not including the distribution system, so that ultimately the state will become the owner of the power site including the dam, machinery, equipment, and appurtenant works, not including the distribution system.   History: En. Sec. 5, Ch. 123, L. 1931; re-en. Sec. 1904.5, R.C.M. 1935; R.C.M. 1947, 81-1805.
MT Code § 77-4-301 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 3. Wind and Solar Resources|77-4-301. Wind and solar leases authorized

  77-4-301. Wind and solar leases authorized. (1) The board may lease state lands for exploration, planning, development, and the production of energy from wind and solar resources.  (2) Leases for wind or solar rights only where no ground disturbance is authorized do not require reclassification.   (3) The board may exercise business discretion in entering leases under this part.   History: En. Sec. 2, Ch. 313, L. 2021.