reglab/housing_qa huggingface dataset:
MT Code § 85-1-609 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 6. Renewable Resource Grant and Loan Program|85-1-609. Eligibility for a loan or grant to a private person

  85-1-609. Eligibility for a loan or grant to a private person. The department may not award a grant or loan to a private person unless the department finds, based on the application and the department's investigation and evaluation of the proposal, that:   (1) the proposed water-related project:   (a) will promote, enhance, or advance the purpose, policies, and objectives of the renewable resource grant and loan program;   (b) will be constructed, developed, and operated within the state of Montana;   (c) will be economically feasible. (A project is economically feasible if the project benefits exceed the project costs. The department shall consider only quantifiable benefits and costs in calculating economic feasibility.)   (d) will be an efficient use of natural resources, including water, energy, land, and air. (An efficient use is one that minimizes waste.)   (e) will provide multipurpose facilities to the extent practicable;   (f) will comply with statutory and regulatory standards protecting the quality of resources such as air, water, land, fish, wildlife, and recreational opportunities;   (g) will provide associated public benefits in addition to any private benefits the project may provide; and   (h) is needed to accomplish the purpose for which the project is proposed;   (2) the applicant has adequate financial resources to construct, operate, and maintain the project. The department shall consider financial resources from any source for which the applicant has qualified, including a renewable resource grant or loan.   (3) the applicant holds or can acquire all necessary lands, other than public lands, and interests in the lands and water rights necessary for the construction, operation, and maintenance of the proposed project;   (4) if the application is for a loan, the applicant is creditworthy and able and willing to enter into a contract with the department for loan repayment and construction or development of the proposed project; and   (5) if the application is for a grant, the applicant is able and willing to enter into a contract with the department for construction or development of the proposed project.   History: En. Sec. 10, Ch. 505, L. 1981; amd. Sec. 16, Ch. 478, L. 1993.
MT Code § 85-1-610 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 6. Renewable Resource Grant and Loan Program|85-1-610. Evaluation of grants and loans to private persons

  85-1-610. Evaluation of grants and loans to private persons. The department shall consider the following criteria and preferences in evaluating applications and selecting the recipients of grants and loans for water-related projects that are eligible for funding under 85-1-609:   (1) The extent and desirability of the public benefits that will be provided must be considered.   (2) A water-related project that will be used as part of a family farm must be given preference. A family farm is one devoted primarily to agriculture under the ownership and operation of a resident Montana family.   (3) A water-related project that will utilize or develop water reserved under 85-2-316 must be given preference.   (4) The department, to the extent practicable, shall attempt to achieve geographic balance in the promotion of renewable resource grant and loan projects through the awarding of loans and grants to private persons.   (5) The extent to which the project will effectively utilize water resources and promote the conservation and efficient use of the water resource must be evaluated and considered.   (6) Projects that could not be accomplished without the assistance of a loan or grant must be given preference.   (7) The department shall give due consideration to any other factor that, in the department's judgment, is important to the evaluation of the project in light of the purposes, policies, and objectives of the renewable resource grant and loan program.   History: En. Sec. 11, Ch. 505, L. 1981; amd. Sec. 12, Ch. 512, L. 1985; amd. Sec. 17, Ch. 478, L. 1993.
MT Code § 85-1-611 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 6. Renewable Resource Grant and Loan Program|85-1-611. Department to solicit views

  85-1-611. Department to solicit views. The department shall solicit and consider in its evaluation of proposed projects the views of interested and affected departments, boards, agencies, commissions, and other subdivisions of the state, including local political subdivisions, of a tribal government, of the federal government, and of other interested and affected persons.   History: En. Sec. 12, Ch. 505, L. 1981; amd. Sec. 18, Ch. 478, L. 1993; amd. Sec. 5, Ch. 436, L. 1997.
MT Code § 85-1-612 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 6. Renewable Resource Grant and Loan Program|85-1-612. Rulemaking authority

  85-1-612. Rulemaking authority. The department shall adopt rules:   (1) prescribing a reasonable application fee and the form and content of applications for grants and loans;   (2) governing the application of the criteria for awarding loans and grants to private persons;   (3) providing for the servicing of loans including arrangements for obtaining security interests and the establishment of reasonable fees or charges to be made;   (4) describing the terms and conditions for making grants and loans, the security instruments, and the agreements necessary;   (5) describing the ranking criteria used to evaluate and prioritize grants to governmental entities; and   (6) specifying any other procedures necessary to accomplish the objectives of the renewable resource grant and loan program.   History: En. Sec. 13, Ch. 505, L. 1981; amd. Sec. 19, Ch. 478, L. 1993.
MT Code § 85-1-613 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 6. Renewable Resource Grant and Loan Program|85-1-613. Limits on loans

  85-1-613. Limits on loans. (1) A loan to a private person that is not a water users' association or ditch company organized and incorporated pursuant to Title 35, chapter 14, or Title 85, chapter 6, part 1, for a renewable resource grant and loan program project may not be made from the natural resources projects state special revenue account established in 15-38-302 or the renewable resource loan proceeds account if the loan exceeds the lesser of $400,000 or 80% of the fair market value of the security given for the project. In determining the fair market value for the security given for a loan, the department shall consider appraisals made by qualified appraisers and other factors that it considers important.   (2) A loan to a private person that is a water users' association or ditch company organized and incorporated pursuant to Title 35, chapter 14, or Title 85, chapter 6, part 1, may not be made from the natural resources projects state special revenue account established in 15-38-302 or the renewable resource loan proceeds account if the loan would exceed the lesser of $3 million or an amount representing the annual debt service on the loan that would exceed 80% of the annual net revenue of the system that would be pledged for payment of the loan. In determining the amount of annual net revenue that may be pledged for payment of the loan, annual expenses for operation and maintenance must be subtracted from the gross revenue of the system.   (3) A loan to the state, a local government, or a tribal government for a renewable resource grant and loan program project may not be made by the department from the natural resources projects state special revenue account established in 15-38-302 or renewable resource loan proceeds account if the loan exceeds the lesser of $200,000 or the project sponsor's remaining debt capacity.   (4) The period for repayment of loans may not exceed 30 years.   (5) The interest rate at which loans may be made under this part must be sufficient to:   (a) cover the bond debt service for a loan; and   (b) establish and maintain a loan loss reserve fund to be used for bond debt service if a loan loss occurs.   (6) A loan made under this part may not be used for the cost of operation and maintenance of a project.   History: En. Sec. 14, Ch. 505, L. 1981; amd. Sec. 4, Ch. 149, L. 1983; amd. Sec. 39, Ch. 298, L. 1983; amd. Sec. 4, Ch. 491, L. 1989; amd. Sec. 20, Ch. 478, L. 1993; amd. Sec. 2, Ch. 332, L. 1997; amd. Sec. 6, Ch. 436, L. 1997; amd. Sec. 1, Ch. 418, L. 2005; amd. Sec. 18, Ch. 432, L. 2007; amd. Sec. 268, Ch. 271, L. 2019.
MT Code § 85-1-614 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 6. Renewable Resource Grant and Loan Program|85-1-614. Limits on grants from natural resources projects state special revenue account

  85-1-614. Limits on grants from natural resources projects state special revenue account. (1) The maximum grant awarded to a private person may not exceed the lesser of:   (a) 5% of the estimated total funds potentially available in the natural resources projects state special revenue account established in 15-38-302 for public and private grants in the biennium in which the grant will be made; or   (b) 50% of the total project cost.   (2) This part does not limit the amount of grant funds that may be appropriated by the legislature to fund a state or local government project.   History: En. Sec. 15, Ch. 505, L. 1981; amd. Sec. 40, Ch. 298, L. 1983; amd. Sec. 21, Ch. 478, L. 1993; amd. Sec. 19, Ch. 432, L. 2007; amd. Sec. 3, Ch. 341, L. 2017.
MT Code § 85-1-615 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 6. Renewable Resource Grant and Loan Program|85-1-615. Security interests -- purchase, operation, and resale of encumbered property

  85-1-615. Security interests -- purchase, operation, and resale of encumbered property. (1) The state has a lien upon a project constructed with money from the natural resources projects state special revenue account established in 15-38-302 or the renewable resource loan proceeds account for the amount of the loan and interest due the state. This lien may attach to any project facilities, equipment, easements, real property, shares of stock in a water users' association, revenue of a water users' association, accounts receivable of a water users' association, water purchase agreements, and property of any kind or nature owned by the debtor, including all water rights. The department shall file with the county clerk and recorder of each county in which a part of the project is located either a financing statement or a real estate mortgage covering the loan, its amount, terms, and a description of the security. The county clerk and recorder shall record and index the lien as other liens are required by law to be recorded and indexed. The lien is valid until paid in full or otherwise discharged. The lien must be foreclosed in accordance with applicable state law governing foreclosure of mortgages and liens.   (2) From the funds available under 15-38-301, 85-1-603, or 85-1-617, the state may:   (a) purchase a lien that is prior to the state's lien if:   (i) the director of the department determines that the loan is in default and the prospects for collecting the loan may be materially increased by purchasing the prior lien; and   (ii) the amount to be paid for the prior lien does not exceed the appraised value of the property;   (b) operate property that is subject to the state's lien if the director of the department determines that the loan is in default and that the prospects for collecting the loan may be materially increased by operating the property that is subject to the state's lien; or   (c) purchase a prior lien as provided in subsection (2)(a) and operate property as provided in subsection (2)(b).   (3) Any property acquired under the provisions of this section must be resold as expeditiously as possible to recover funds used under this section and funds loaned to the borrower.   History: En. Sec. 16, Ch. 505, L. 1981; amd. Sec. 41, Ch. 298, L. 1983; amd. Sec. 5, Ch. 491, L. 1989; amd. Sec. 22, Ch. 478, L. 1993; amd. Sec. 3, Ch. 332, L. 1997; amd. Sec. 76, Ch. 7, L. 2001; amd. Sec. 20, Ch. 432, L. 2007; amd. Sec. 13, Ch. 351, L. 2017.
MT Code § 85-1-616 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 6. Renewable Resource Grant and Loan Program|85-1-616. Administration of loans and grants

  85-1-616. Administration of loans and grants. The department shall:   (1) administer the loan and grant program established by this part;   (2) service loans made or contract and pay for the servicing of loans, including arrangements for obtaining security interests; and   (3) collect reasonable fees or charges for the servicing of loans, including arrangements for obtaining security interests. The fees and charges must be deposited in the natural resources projects state special revenue account established in 15-38-302.   History: En. Sec. 17, Ch. 505, L. 1981; amd. Sec. 5, Ch. 149, L. 1983; amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 23, Ch. 478, L. 1993; amd. Sec. 21, Ch. 432, L. 2007.
MT Code § 85-1-618 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 6. Renewable Resource Grant and Loan Program|85-1-618. Restrictions on use of bond proceeds

  85-1-618. Restrictions on use of bond proceeds. Renewable resource bond proceeds may be used only for the purpose of making loans as provided in the renewable resource grant and loan program or for purchasing liens and operating property as provided in 85-1-615.   History: En. Sec. 19, Ch. 505, L. 1981; amd. Sec. 7, Ch. 491, L. 1989; amd. Sec. 25, Ch. 478, L. 1993.
MT Code § 85-1-619 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 6. Renewable Resource Grant and Loan Program|85-1-619. Debt service fund -- pledge and administration of sufficient balance

  85-1-619. Debt service fund -- pledge and administration of sufficient balance. (1) The legislature may levy, impose, assess, and pledge and appropriate to the renewable resource loan debt service fund any tax, charge, fee, rental, or other income from any designated source. The state reserves the right to modify from time to time the nature and amount of special taxes and other revenue pledged and appropriated to the renewable resource loan debt service fund, provided that the aggregate resources so pledged and appropriated are determined by the legislature to be sufficient for the prompt and full payment of the principal of and interest and redemption premiums when due on all bonds payable from that fund and provided that the pledge of the full faith and credit and taxing powers of the state for the security of all bonds is and remains irrevocable until they are fully paid.   (2) Money in the renewable resource loan debt service fund must be used to pay interest, principal, and redemption premiums when due and payable with respect to renewable resource bonds, and for bonds issued prior to 1985, to accumulate a reserve for the further security of the payments.   (3) After the reserve provided for in subsection (2) for bonds issued prior to 1985 has been accumulated in the renewable resource loan debt service fund, money at any time received in the renewable resource loan debt service fund in excess of that amount must be transferred by the treasurer to the natural resources projects state special revenue account.   History: En. Sec. 20, Ch. 505, L. 1981; amd. Sec. 43, Ch. 298, L. 1983; amd. Sec. 14, Ch. 512, L. 1985; amd. Sec. 26, Ch. 478, L. 1993; amd. Sec. 116, Ch. 2, L. 2009.
MT Code § 85-1-620 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 6. Renewable Resource Grant and Loan Program|85-1-620. Renewable resource refunding bonds

  85-1-620. Renewable resource refunding bonds. (1) The board of examiners may issue refunding bonds at times and in amounts, if any, as may be necessary to pay principal or interest due that cannot be paid from funds then on hand in the renewable resource loan debt service fund. The board of examiners may also issue refunding bonds to refund outstanding bonds before maturity for the purpose of extending the maturities of the outstanding bonds determined by the board of examiners to be necessary to assure that the funds then pledged to the renewable resource loan debt service fund will be sufficient for payment of principal and interest due in subsequent years. The board of examiners may also issue refunding bonds to refund outstanding bonds before maturity for the purpose of reducing the interest cost or the total amount of principal and interest payable on the outstanding bonds.   (2) Refunding bonds may not be issued and sold more than 3 months before all of the bonds refunded mature or are called for redemption unless the proceeds of the refunded bonds, with any other funds in the renewable resource loan debt service fund that are needed and available for the purpose or securities purchased from proceeds and other funds, are deposited with a suitable banking institution within or outside the state, in escrow, for the retirement of the refunded bonds at maturity or at a prior date or dates on which they have been called for redemption in accordance with their terms, in an amount and in a manner sufficient under the provisions securing the refunded bonds, so that the state's obligation to pay the same, from sources other than the escrow fund, is discharged.   (3) New debt may not be created by the issuance of refunding bonds in accordance with this section, but the refunding bonds must evidence the debt previously created and must be secured by the pledge of the full faith and credit and taxing powers of the state and secured in the same manner as the bonds refunded by other provisions of this part.   History: En. Sec. 21, Ch. 505, L. 1981; amd. Sec. 44, Ch. 298, L. 1983; amd. Sec. 27, Ch. 478, L. 1993.
MT Code § 85-1-621 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 6. Renewable Resource Grant and Loan Program|85-1-621. Report

  85-1-621. Report. The department shall prepare a biennial report describing the status of the renewable resource grant and loan program. The report must describe ongoing projects and projects that have been completed during the biennium. The report must identify and rank in order of priority the projects for which the department has received applications. The report must also describe proposed projects and activities for the coming biennium and recommendations for necessary appropriations. A copy of the report must be submitted to the water policy interim committee in accordance with 5-11-210.  History: En. Sec. 22, Ch. 505, L. 1981; amd. Sec. 19, Ch. 573, L. 1985; amd. Sec. 58, Ch. 112, L. 1991; amd. Sec. 49, Ch. 349, L. 1993; amd. Sec. 28, Ch. 478, L. 1993; amd. Sec. 71, Ch. 545, L. 1995; amd. Sec. 8, Ch. 122, L. 2015; amd. Sec. 116, Ch. 261, L. 2021.
MT Code § 85-1-622 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 6. Renewable Resource Grant and Loan Program|85-1-622. Penalty

  85-1-622. Penalty. A member, officer, attorney, or other employee of the board or the department may not, directly or indirectly, be the beneficiary of or receive any fee, commission, gift, or other consideration for or in connection with any transaction or business under this part other than the salary, fee, or other compensation that the person may receive as a member, officer, attorney, or employee. A person convicted of violating any provision of this section shall be punished by a fine not to exceed $2,000 or be imprisoned for not to exceed 2 years, or both.   History: En. Sec. 23, Ch. 505, L. 1981; amd. Sec. 2754, Ch. 56, L. 2009.
MT Code § 85-1-623 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 6. Renewable Resource Grant and Loan Program|85-1-623. Repealed

  85-1-623. Repealed. Sec. 3, Ch. 437, L. 1995.   History: En. Sec. 1, Ch. 507, L. 1981; amd. Sec. 45, Ch. 298, L. 1983; amd. Sec. 15, Ch. 512, L. 1985; amd. Sec. 8, Ch. 491, L. 1989; amd. Sec. 29, Ch. 478, L. 1993.
MT Code § 85-1-624 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 6. Renewable Resource Grant and Loan Program|85-1-624. Authorization of bonds

  85-1-624. Authorization of bonds. The board of examiners is authorized to issue and sell general obligation renewable resource bonds for the renewable resource grant and loan program created under Title 85, chapter 1, part 6, in accordance with the terms and conditions and in the manner provided in 85-1-617 from time to time and in amounts that, taking into consideration the principal amount of any renewable resource bonds then outstanding, will not cause the total aggregate principal amount of renewable resource bonds outstanding at any time to exceed $30 million.   History: En. Sec. 1, Ch. 437, L. 1995; amd. Sec. 1, Ch. 14, L. 1999; amd. Sec. 1, Ch. 113, L. 2003.
MT Code § 85-1-625 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 6. Renewable Resource Grant and Loan Program|85-1-625. through 85-1-630 reserved

  85-1-625 through 85-1-630 reserved.
MT Code § 85-1-631 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 6. Renewable Resource Grant and Loan Program|85-1-631. Water storage state special revenue account created -- revenues allocated -- appropriations from account

  85-1-631. Water storage state special revenue account created -- revenues allocated -- appropriations from account. (1) There is a water storage state special revenue account within the state special revenue fund established in 17-2-102.   (2) There must be paid into the water storage state special revenue account:   (a) for the biennium beginning July 1, 2007, the proceeds of the resource indemnity and ground water assessment tax as provided in 15-38-106; and   (b) money allocated from the resource indemnity trust fund interest earnings pursuant to 15-38-202 and all revenue of the works and other money as provided in 85-1-332.   (3) All revenue provided from 85-1-332(1)(e) and (1)(f) deposited in the water storage state special revenue account must be appropriated solely for the construction, operation, rehabilitation, expansion, maintenance, and modification of state-owned water storage projects.   (4) Money that was not encumbered or expended from the water storage state special revenue account during the previous biennium must remain in the account.   (5) Deposits to the water storage state special revenue account must be placed in short-term investments and accrue interest, which must be deposited in the water storage state special revenue account.   (6) The purpose of the water storage state special revenue account is to provide money exclusively for construction, operation, rehabilitation, expansion, maintenance, and modification of state-owned water storage projects.   History: En. Sec. 8, Ch. 659, L. 1991; amd. Sec. 30, Ch. 478, L. 1993; amd. Sec. 9, Ch. 144, L. 1999; amd. Sec. 22, Ch. 432, L. 2007.
MT Code § 85-1-701 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 7. Water Storage Policy|85-1-701. Short title

  85-1-701. Short title. This part may be cited as the "Water Storage Policy Act".   History: En. Sec. 1, Ch. 659, L. 1991.
MT Code § 85-1-702 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 7. Water Storage Policy|85-1-702. Purpose

  85-1-702. Purpose. The purpose of this part is to define the role of water storage in solving water management problems and, if water storage projects provide the best solutions to those problems, to facilitate the development of the projects.   History: En. Sec. 2, Ch. 659, L. 1991.