reglab/housing_qa huggingface dataset:
MT Code § 85-1-403 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 4. Special Projects (Repealed)|85-1-403. Repealed

  85-1-403. Repealed. Sec. 1, Ch. 61, L. 1991.   History: En. Sec. 3, Ch. 534, L. 1979.
MT Code § 85-1-404 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 4. Special Projects (Repealed)|85-1-404. Repealed

  85-1-404. Repealed. Sec. 1, Ch. 61, L. 1991.   History: En. Sec. 4, Ch. 534, L. 1979.
MT Code § 85-1-405 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 4. Special Projects (Repealed)|85-1-405. Repealed

  85-1-405. Repealed. Sec. 1, Ch. 61, L. 1991.   History: En. Sec. 5, Ch. 534, L. 1979.
MT Code § 85-1-406 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 4. Special Projects (Repealed)|85-1-406. Repealed

  85-1-406. Repealed. Sec. 1, Ch. 61, L. 1991.   History: En. Sec. 6, Ch. 534, L. 1979.
MT Code § 85-1-407 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 4. Special Projects (Repealed)|85-1-407. Repealed

  85-1-407. Repealed. Sec. 1, Ch. 61, L. 1991.   History: En. Sec. 7, Ch. 534, L. 1979; amd. Sec. 57, Ch. 112, L. 1991.
MT Code § 85-1-408 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 4. Special Projects (Repealed)|85-1-408. Repealed

  85-1-408. Repealed. Sec. 1, Ch. 61, L. 1991.   History: En. Sec. 8, Ch. 534, L. 1979.
MT Code § 85-1-409 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 4. Special Projects (Repealed)|85-1-409. Repealed

  85-1-409. Repealed. Sec. 1, Ch. 61, L. 1991.   History: En. Sec. 9, Ch. 534, L. 1979.
MT Code § 85-1-501 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 5. Power Generation at Projects|85-1-501. Survey of power generation capacity

  85-1-501. Survey of power generation capacity. (1) The department shall study the economic and environmental feasibility of constructing and operating a small-scale hydroelectric power generating facility on each of the water projects under its control and shall periodically update those studies as the cost of the electrical energy increases. In determining whether small-scale hydroelectric generation may be economically feasible on a particular project, the department shall consider:  (a) the estimated cost of construction of a facility;   (b) the estimated cost of maintaining, repairing, and operating the facility;   (c) the estimated cost of tying into an existing power distribution channel;   (d) the ability of public utilities or rural electric cooperatives to lease and operate such a facility;   (e) the debt burden to be serviced;   (f) the revenue expected to be derived;   (g) the likelihood of a reasonable rate of return on the investment; and   (h) the potential impacts on water supply and streamflows.   (2) The department shall update the energy and telecommunications interim committee and the water policy interim committee in accordance with 5-11-210 on all past and current studies conducted pursuant to this section.   History: En. Sec. 1, Ch. 503, L. 1981; amd. Sec. 1, Ch. 275, L. 2011; amd. Sec. 114, Ch. 261, L. 2021.
MT Code § 85-1-502 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 5. Power Generation at Projects|85-1-502. Notice of availability of lease sites

  85-1-502. Notice of availability of lease sites. (1) If after completion of the feasibility study of a particular project the department determines that hydroelectric power generation at the project would be feasible and in the best interest of the people of the state of Montana, it shall publish notice and make the site available for lease for the purpose of small-scale hydroelectric power generation, pursuant to 85-1-502 through 85-1-508, unless that action would result in the forfeiture of any necessary federal license, permit, or exemption, in which case the department may proceed under 85-1-509.   (2) In issuing a notice of availability of a site for lease under this section, the department shall include in the notice any reasonable conditions it may find necessary in order to protect the interests of the state.   History: En. Sec. 2, Ch. 503, L. 1981; amd. Sec. 1, Ch. 96, L. 1983; amd. Sec. 433, Ch. 418, L. 1995.
MT Code § 85-1-503 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 5. Power Generation at Projects|85-1-503. Receipt of applications

  85-1-503. Receipt of applications. (1) Applications for lease may be submitted by any person qualified to do business in Montana.   (2) The department shall consider only applications received within 180 days after the final publication of the notice.   (3) Applications must include a statement of the capability of the applicant to achieve the annual production output estimated by the department, the estimated time to make the project operational, the bid amount of the royalty, and any other information that the department requests.   History: En. Sec. 3, Ch. 503, L. 1981; amd. Sec. 1, Ch. 293, L. 1985; amd. Sec. 434, Ch. 418, L. 1995.
MT Code § 85-1-504 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 5. Power Generation at Projects|85-1-504. Determinations by department

  85-1-504. Determinations by department. (1) Within a reasonable time following the conclusion of the lease application period, the department shall hold a hearing to examine all applications that have been received for the lease of the project.   (2) Within 180 days following the conclusion of the lease application period, the department shall reject any or all applications or shall award a lease to the party whose offer, considered in its totality, is the most advantageous to the state.   (3) The decision must include a determination that the potential developer will provide an adequate royalty payment, is capable of carrying out the proposed development, can provide efficient and reliable service, and intends in good faith without unnecessary delay to proceed with the development.   (4) If all lease applications are rejected, the department may negotiate with all applicants on an equal basis in an effort to arrive at an acceptable application.   History: En. Sec. 4, Ch. 503, L. 1981; amd. Sec. 435, Ch. 418, L. 1995.
MT Code § 85-1-505 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 5. Power Generation at Projects|85-1-505. Lease conditions

  85-1-505. Lease conditions. (1) The lessee shall pay a royalty to the state as required in the lease.   (2) The department may authorize provisions in the lease that offer economic incentives for rapid development of the project or impose economic penalties for delays in development, which may include cancellation of the lease.   History: En. Sec. 5, Ch. 503, L. 1981; amd. Sec. 436, Ch. 418, L. 1995.
MT Code § 85-1-506 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 5. Power Generation at Projects|85-1-506. Compliance with federal law

  85-1-506. Compliance with federal law. The department may hold a license, permit, or exemption under federal law on a project.   History: En. Sec. 6, Ch. 503, L. 1981; amd. Sec. 2, Ch. 293, L. 1985.
MT Code § 85-1-507 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 5. Power Generation at Projects|85-1-507. Duration of lease

  85-1-507. Duration of lease. The term of the lease may not exceed the term of the license, permit, or exemption held by the department under 85-1-506 and may in no event exceed 55 years.   History: En. Sec. 7, Ch. 503, L. 1981.
MT Code § 85-1-508 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 5. Power Generation at Projects|85-1-508. Duties of the department

  85-1-508. Duties of the department. The department has primary responsibility for supervision of any lease.   History: En. Sec. 8, Ch. 503, L. 1981; amd. Sec. 437, Ch. 418, L. 1995.
MT Code § 85-1-509 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 5. Power Generation at Projects|85-1-509. Power generation by department authorized

  85-1-509. Power generation by department authorized. (1) If lease applications are not received under 85-1-503 or if the department rejects all lease applications under 85-1-504, the department may proceed to obtain any necessary license, permit, or exemption under federal law and commence construction and operation of a small-scale hydroelectric generation facility pursuant to the provisions of this chapter. Construction may not commence until the department has clear and convincing evidence that construction is economically feasible and is the most practical means by which the facility could be developed.   (2) Financing of construction and operation of the facility must be accomplished in a manner determined by the department to be most feasible.   History: En. Sec. 9, Ch. 503, L. 1981; amd. Sec. 438, Ch. 418, L. 1995; amd. Sec. 1, Ch. 209, L. 1999.
MT Code § 85-1-510 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 5. Power Generation at Projects|85-1-510. Sale of power and allocation of revenue

  85-1-510. Sale of power and allocation of revenue. (1) If the operator of a small-scale hydroelectric generation facility under this chapter and a public utility or an electric cooperative are unable to mutually agree to a contract for the sale of electricity or a price for the electricity purchased by the utility or electric cooperative, the public service commission shall require the utility or electric cooperative to purchase the power under rates and terms established as provided in 85-1-511 through 85-1-513.   (2) The revenue derived from hydroelectric power generation under this part must be deposited in the state water project hydroelectric power generation special revenue account created under 85-1-220. The funds in the account must be used to repair and rehabilitate state-owned water projects and works and to pay the cost of financing those activities.   History: En. Sec. 10, Ch. 503, L. 1981; amd. Sec. 3, Ch. 370, L. 1991.
MT Code § 85-1-511 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 5. Power Generation at Projects|85-1-511. Determination by the public service commission

  85-1-511. Determination by the public service commission. A determination of the rates and terms under which the power must be purchased shall be made by the public service commission upon petition of the facility operator or a public utility or electric cooperative or during a rate proceeding involving the review of rates paid for electricity purchased from the facility. The commission shall render a decision within 120 days from receipt of the petition or before the completion of the rate review proceeding. The rate and terms of the determination must be according to the standards specified in 85-1-512.   History: En. Sec. 11, Ch. 503, L. 1981.
MT Code § 85-1-512 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 5. Power Generation at Projects|85-1-512. Standards for the determination

  85-1-512. Standards for the determination. (1) The standards for the determination provided for in 85-1-511 by the public service commission shall include the following:   (a) Long-term contracts for the purchase of electricity by the utility or electric cooperative from a small-scale hydroelectric facility under this chapter shall be encouraged in order to enhance the economic feasibility of such facilities.   (b) The rates paid by a utility or electric cooperative to a small-scale hydroelectric facility may not exceed, over the term of the purchase contract, the incremental cost to the utility or electric cooperative of the electricity that, but for the purchase from the small-scale hydroelectric facility, the utility or electric cooperative would generate or purchase from another source.   (c) The rates to be paid by a utility or an electric cooperative for power purchased from a small-scale hydroelectric facility shall be established with consideration of the availability and reliability of the power produced.   (2) The commission may set these rates by use of any of the following methods:   (a) the levelized avoided cost over the term of the contract;   (b) the cost of production for the small-scale hydroelectric facility plus a just and reasonable return; or   (c) any other method that will promote the development of small-scale hydroelectric facilities.   History: En. Sec. 12, Ch. 503, L. 1981.
MT Code § 85-1-513 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 5. Power Generation at Projects|85-1-513. Purchase of power by electric cooperative not agreeing to be bound by public service commission determination

  85-1-513. Purchase of power by electric cooperative not agreeing to be bound by public service commission determination. If any electric cooperative wishing to purchase power from a small-scale hydroelectric facility under this chapter refuses to submit to the ratemaking authority of the public service commission established in 85-1-511, then the rate for such cooperative may be determined by the federal energy regulatory commission upon proper petition. The facility shall sell power in accordance with such determination, so long as the rates and terms so established will allow the facility a reasonable return.   History: En. Sec. 13, Ch. 503, L. 1981.
MT Code § 85-1-514 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 5. Power Generation at Projects|85-1-514. Power generation negotiation process

  85-1-514. Power generation negotiation process. (1) A person with federal authorization or, if authorization is not required, a person planning to construct a small-scale hydroelectric generation facility at a state-owned project shall submit an application to the department for hydroelectric development at the state-owned project site.   (2) Upon receipt of a written application under subsection (1), the department shall make an investigation and prepare a report on the value of the power site, the plans of development submitted by the applicant, and any other matters relating to the proposed development that the department considers necessary for the proper development of hydroelectric generation at the state-owned project.   (3) Upon completion of the report, the department may negotiate with the applicant for the acquisition of the necessary interest in the state-owned project to effectively allow the applicant to operate a hydroelectric facility. The terms, conditions, and compensation agreed to must include but not be limited to the full market value of the interest disposed of by the department. Full market value must be determined by the department in the report completed under subsection (2).   (4) An applicant under subsection (1) shall pay to the department all costs incurred by the department in carrying out its duties under this section. The department and the applicant shall contract for the provision of services and payment of fees required by this section prior to accepting an application under subsection (2).   (5) Nothing in this section requires the department to construct, rehabilitate, reconstruct, operate, or otherwise maintain the state-owned project to accommodate the hydroelectric facility except as negotiated under subsection (3).   History: En. Sec. 3, Ch. 293, L. 1985; amd. Sec. 439, Ch. 418, L. 1995.
MT Code § 85-1-602 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 6. Renewable Resource Grant and Loan Program|85-1-602. Objectives

  85-1-602. Objectives. (1) The department shall administer a renewable resource grant and loan program to enhance Montana's renewable resources through projects that measurably conserve, develop, manage, or preserve resources. Either grants or loans may be provided to fund the following:   (a) feasibility, design, research, and resource assessment studies;   (b) preparation of construction, rehabilitation, or production plans; and   (c) construction, rehabilitation, production, education, or other implementation efforts.   (2) Projects that may enhance renewable resources in Montana include but are not limited to:   (a) development of natural resource-based recreation;   (b) development of natural, offstream, and tributary storage;   (c) improvement of water use efficiency, including development of new, efficient water systems, rehabilitation of older, less efficient water systems, and acquisition and installation of measuring devices required under 85-2-113; monitoring; and development of state, tribal, and federal water projects;   (d) water-related projects that improve water quality, including livestock containment facility projects, soil and range health projects, and the maintenance and repair of source watersheds;   (e) water-related projects that improve water quantity, including streamflows and water storage in existing natural systems, such as riparian areas, flood plains, and wetlands;   (f) advancement of farming practices that reduce agricultural chemical use; and   (g) projects that facilitate the use of alternative renewable energy sources, as defined in 15-6-225.   (3) The renewable resource grant and loan program is the key implementation portion of the state water plan and must be administered to encourage grant and loan applications for projects designed to accomplish the objectives of the plan.   (4) A grant or loan may not be awarded to a project that affects source watersheds or soil and range health if the project would reduce, restrict, or prohibit any lawful access to the property that existed prior to the project's implementation. This subsection does not apply to access that is temporarily created, granted, or reduced due to project operations.   History: En. Sec. 2, Ch. 505, L. 1981; amd. Sec. 1, Ch. 116, L. 1989; amd. Sec. 4, Ch. 543, L. 1991; amd. Sec. 10, Ch. 478, L. 1993; amd. Sec. 3, Ch. 436, L. 1997; amd. Sec. 1, Ch. 169, L. 2001; amd. Sec. 1, Ch. 117, L. 2005; amd. Sec. 2, Ch. 341, L. 2017.
MT Code § 85-1-603 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 6. Renewable Resource Grant and Loan Program|85-1-603. Renewable resource loan debt service fund created -- coal severance tax allocated -- renewable resource loan loss reserve fund created

  85-1-603. Renewable resource loan debt service fund created -- coal severance tax allocated -- renewable resource loan loss reserve fund created. (1) (a) There is created a renewable resource loan debt service fund within the debt service fund type established in 17-2-102.   (b) The state pledges and allocates and directs to be credited to the renewable resource loan debt service fund, as received:   (i) 0.95% of all money from time to time received from the coal severance tax collected under Title 15, chapter 35;   (ii) any principal and accrued interest under 85-1-613(5)(a) received in repayment of a loan made from the proceeds of bonds issued under 85-1-617;   (iii) all interest income earned on proceeds of renewable resource grant and loan program bonds;   (iv) revenue or money otherwise required to be paid into the natural resources projects state special revenue account pursuant to 15-38-302, as determined by the board of examiners in connection with the issuance of bonds pursuant to 85-1-617; and   (v) money received from the renewable resource loan loss reserve fund as the result of a loan loss.   (2) (a) There is a renewable resource loan loss reserve fund within the debt service fund type established in 17-2-102.   (b) The state pledges and allocates and directs to be credited to the renewable resource loan loss reserve fund all accrued interest under 85-1-613(5)(b) received in repayment of a loan made from the proceeds of bonds issued under 85-1-617.   (c) If the department determines that a loan loss has occurred on a loan made pursuant to this part, funds from the renewable resource loan loss reserve fund must be transferred to the renewable resource loan debt service fund in an amount equal to the amount that would otherwise be available for debt service under subsection (1)(b) as a result of the loan loss.   History: En. Sec. 4, Ch. 505, L. 1981; amd. Sec. 35, Ch. 298, L. 1983; amd. Sec. 1, Ch. 6, Sp. L. March 1986; amd. Sec. 2, Ch. 2, L. 1987; amd. Sec. 2, Ch. 491, L. 1989; amd. Sec. 11, Ch. 478, L. 1993; amd. Sec. 6, Ch. 442, L. 1995; amd. Sec. 1, Ch. 332, L. 1997; amd. Sec. 15, Ch. 432, L. 2007.
MT Code § 85-1-604 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 6. Renewable Resource Grant and Loan Program|85-1-604. Repealed

  85-1-604. Repealed. Sec. 30, Ch. 432, L. 2007.   History: En. Sec. 5, Ch. 505, L. 1981; amd. Sec. 2, Ch. 149, L. 1983; amd. Sec. 36, Ch. 298, L. 1983; amd. Sec. 10, Ch. 512, L. 1985; amd. Sec. 2, Ch. 6, Sp. L. March 1986; amd. Sec. 2, Ch. 116, L. 1989; amd. Sec. 3, Ch. 491, L. 1989; amd. Sec. 5, Ch. 543, L. 1991; amd. Sec. 9, Ch. 659, L. 1991; amd. Sec. 12, Ch. 478, L. 1993; amd. Sec. 3, Ch. 577, L. 1995; amd. Sec. 297, Ch. 42, L. 1997; amd. Sec. 5, Ch. 444, L. 1997; amd. Sec. 8, Ch. 144, L. 1999; amd. Sec. 7, Ch. 307, L. 2005.
MT Code § 85-1-606 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 6. Renewable Resource Grant and Loan Program|85-1-606. Grants and loans to private persons

  85-1-606. Grants and loans to private persons. (1) To encourage the construction and development of water-related projects, the department may make grants and loans to private persons from funds appropriated from the natural resources projects state special revenue account established in 15-38-302 and may make loans to private persons from the renewable resource loan proceeds account.   (2) The department shall publicize the statutes and rules governing grants and loans to private persons for water-related projects, set and publicize application deadlines, and accept applications for grants and loans.   (3) The department shall review, evaluate, and select the water-related projects for which grants or loans may be awarded.   History: En. Sec. 7, Ch. 505, L. 1981; amd. Sec. 38, Ch. 298, L. 1983; amd. Sec. 14, Ch. 478, L. 1993; amd. Sec. 17, Ch. 432, L. 2007.
MT Code § 85-1-607 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 6. Renewable Resource Grant and Loan Program|85-1-607. Repealed

  85-1-607. Repealed. Sec. 35, Ch. 478, L. 1993.   History: En. Sec. 8, Ch. 505, L. 1981.
MT Code § 85-1-608 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 6. Renewable Resource Grant and Loan Program|85-1-608. Applications for grants and loans to private persons

  85-1-608. Applications for grants and loans to private persons. (1) A private person may apply for a grant or loan to finance a water-related project to be constructed, developed, and operated in Montana.   (2) An application for a loan or grant must be in the form prescribed by rule and contain or be accompanied by any information necessary to adequately describe the proposed project and necessary for evaluation of the proposed project under the criteria set out in 85-1-609 and 85-1-610.   History: En. Sec. 9, Ch. 505, L. 1981; amd. Sec. 15, Ch. 478, L. 1993.