Montana Code Annotated

Mont. Code Ann. § 77-4-206 (2026)

Meeting Of Board On Proposed Lease Or License

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TITLE 77. STATE LANDS

CHAPTER 4. RENEWABLE RESOURCES

Part 2. Hydroelectric Resources

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).

Notes of Decisions
Cited in 1 case, 2010–2010 · leading case: PPL Montana, LLC v. State, 2010 MT 64, 229 P.3d 421.
PPL Montana, LLC v. State, 2010 MT 64, 229 P.3d 421. · cites it 2× “PPL correctly notes that the HRA does not contain a retroactivity clause, and argues that its language indicates it was designed to apply to the development of future power sites.”
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