85-1-801. Statement of policy. It is the policy of the state that in the interest of accomplishing a self-supporting program from the leasing of project lands, the project lands must be appraised by the department at least once during the term of each lease. The purpose of the appraisals is to determine the lease value of […]
85-1-802. Leases authorized. (1) The department may lease all project lands appurtenant to a state-owned water project for purposes that the department considers appropriate. (2) A lease of project lands to the department of fish, wildlife, and parks for public recreational use may not exceed 30 years. Other leases of project lands may not exceed 10 years. […]
85-1-803. Rulemaking. The department may adopt rules necessary to implement and administer the leasing of project lands. These rules may include but are not limited to rules governing the: (1) growing of crops or grazing of livestock; (2) establishment of responsibility for a lessee to pay the assessment of taxes for weed control; (3) acquisition and use of water […]
85-1-804. Appraisal of project lands — adjustment of lease fee. The department shall appraise project lands owned by the department and shall maintain records of the appraisals. Not less than once during the term of a lease, the department shall reappraise the project lands and adjust the lease fee accordingly. The department may not increase a […]
85-1-805. Full market value required. The department shall determine the full market value of project lands. The department may not accept a bid that is below full market value. History: En. Sec. 5, Ch. 301, L. 1995.
85-1-806. Withdrawal of lands from leasing. The department may withdraw project lands from leasing for a period of time as the department determines to be in the best interest of the state. History: En. Sec. 6, Ch. 301, L. 1995.
85-1-807. Assignment of leases — subleasing not allowed. (1) A lease of project lands may be assigned on forms prescribed by the department. An assignment is not binding on the department unless the assignment is filed with and approved by the department. An assignment fee must be paid to the department at the time of filing […]
85-1-808. Changes in lease use not authorized — cancellation. (1) During the term of a lease, the use of the project lands may not be changed. A change in the use of the lands automatically voids the lease. (2) The department may cancel a lease for any of the following causes: (a) fraud, misrepresentation, or concealment of facts […]
85-1-809. Improvements authorized — no compensation — removal. (1) A lessee of project lands may place on the lands a reasonable amount of improvements directly related to the necessary use of the lands as provided in the lease. (2) The department is not liable to pay compensation to a lessee or a former lessee for improvements made […]
85-1-810. No pledge or mortgage of leasehold interest. A lessee of project lands may not pledge the lease or mortgage a leasehold interest in the project lands. History: En. Sec. 10, Ch. 301, L. 1995.
85-1-811. Project lands lease and sales account. There is established a project lands lease and sales account within the state special revenue fund of the state treasury. All sale proceeds and lease fees collected under this part must be deposited in the account to pay the department’s costs and expenses in administering this part. History: En. Sec. […]
85-1-812. Sale of leased cabin or home sites — rulemaking. (1) (a) Subject to subsection (7), the department shall make available for sale within a reasonable period of time project lands that are state land cabin or home sites on October 1, 2021, at the request of a lessee or an improvement owner and with the […]
85-1-813. Valuation of cabin or home sites and improvements. (1) (a) Prior to the sale of project lands pursuant to 85-1-812, the department shall separately determine the full market value of the land and the value of the cabin site improvements existing on the land and the value of any necessary access easement across existing state […]
