76-5-1116. Determination of fees and charges. (1) In fixing such rate, fee, toll, or rent for water furnished for household use, domestic use, irrigation use, industrial use, and municipal use and for water used for streamflow stabilization, the governing body shall charge a fee sufficient to pay the proportionate share of the repairs, maintenance, and operating expenses as such use bears in economic value to the total economic value of the total use of said facilities of the project or projects. The economic value is to be determined by the governing body.
     (2) For the benefits received by areas within the boundaries of the project or projects for flood prevention, flood control, and pollution abatement, the governing body shall determine a reasonable valuation or charge, which valuation or charge shall be certified by them to the county commissioners prior to the time general taxes are levied and assessed. It shall be the obligation of the county commissioners to levy a special assessment as provided for in 76-5-1113 and 76-5-1114 against such area or areas sufficient to provide revenues for the repairs, maintenance, and operating expenses of the project.
     (3) For recreation use the governing body shall first determine the share of the costs of operation, repairs, and depreciation to be charged against such uses and from this figure shall subtract the estimated amount of fees and tolls collected for such uses. The deficiency, if any, shall be certified to the county commissioners in the same way as the charges for flood prevention, flood control, etc., and special assessments shall be levied by the county commissioners in the manner set out herein.

     History: En. Sec. 9, Ch. 284, L. 1967; R.C.M. 1947, 89-3309.1(part).