87-1-223. Control of state waters for propagation of fish. The department may control the waters of any lake, pond, or stream that lies wholly within the limits of land owned by the state so far as the use of that lake, pond, or stream for the breeding and propagation of game fish is concerned. Before the right to control any lake, pond, or stream inures to the department, the department shall notify the department of natural resources and conservation that the lake, pond, or stream is wanted for that purpose, giving a description of the land by legal subdivision when surveyed or a sufficient general description when not so surveyed. The department of natural resources and conservation shall make that entry upon its books and maps to serve as notice to a lessor or purchaser of the right claimed by the state in the lake, pond, or stream. The department of natural resources and conservation shall notify a lessor, purchaser, or applicant to lease or purchase of the fact that a right to the use of the lake, pond, or stream is claimed. This right may not continue for more than 1 year after the land is sold by the state. If the right to the control of a lake, pond, or stream lessens the value of that land or prevents the ready sale of it, the right granted to the department may be terminated upon giving 60 days' notice of the termination to the department.

     History: En. Sec. 18, Ch. 193, L. 1921; re-en. Sec. 3667, R.C.M. 1921; re-en. Sec. 3667, R.C.M. 1935; amd. Sec. 16, Ch. 511, L. 1973; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-118; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 484, Ch. 418, L. 1995.