Montana Code Annotated 2019



Part 22. County Water and/or Sewer Districts

District Powers Related To Water And Sewer Projects

7-13-2218. District powers related to water and sewer projects. A district that is incorporated as provided in this part may:

(1) construct, purchase, lease, or otherwise acquire and operate and maintain water rights, waterworks, sanitary sewerworks, storm sewerworks, canals, conduits, reservoirs, lands, and rights useful or necessary to store, conserve, supply, produce, convey, or drain water or sewage for purposes beneficial to the district. Beneficial purposes include but are not limited to flood prevention, flood control, irrigation, drainage, municipal and industrial water supplies, domestic water supplies, wildlife, recreation, pollution abatement, livestock water supply, and other similar purposes.

(2) if the incorporators of the district are members of a private, nonprofit water association that was formed under the laws of this state, acquire by eminent domain, pursuant to Title 70, chapter 30, from that water association any type of property referred to in this section;

(3) store water for the benefit of the district;

(4) conserve water for future use;

(5) appropriate, acquire, and conserve water and water rights for the purposes of the district;

(6) in the name of the district, commence, maintain, intervene in, compromise, and assume the costs of any action or proceeding:

(a) involving or affecting the use of water, water rights, or sewer rights within the district that are used or useful for any purpose of the district or a benefit to any land situated in the district;

(b) to prevent interference with or diminution of the natural flow of any stream or natural subterranean supply of water that is used or useful for any purpose of the district or that is a common benefit to the lands within the district or its inhabitants;

(c) to prevent any interference with the water or water or sewer rights referred to in this section that may endanger the inhabitants or lands of the district;

(7) lease or purchase and carry on and maintain existing water rights, waterworks, sewerworks, canals, or reservoir systems;

(8) sell water or the use of water for household, domestic, or other similar purposes, sell sewer service, and, whenever there is a surplus of water or sewerworks capacity, sell or otherwise dispose of the water or sewerworks capacity to municipalities, towns, or consumers located within or outside of the boundaries of the district;

(9) retain the services of architects and engineers for designing, preparing a feasibility study for, and drawing plans and specifications for a water or sewer system for the district, with the cost of these services apportioned and assigned against properties in the district; and

(10) establish, by ordinance or resolution, rules and regulations for the operation, maintenance, use, and availability of any of the district's systems or improvements, including but not limited to connection procedures, service termination, and the payment of rates and charges, including penalties and interest charges for delinquent accounts.

History: En. Sec. 14, Ch. 242, L. 1957; amd. Sec. 1, Ch. 263, L. 1967; R.C.M. 1947, 16-4514(5) thru (7); amd. Sec. 1, Ch. 394, L. 1989; amd. Sec. 11, Ch. 645, L. 1991; amd. Sec. 1, Ch. 518, L. 1995; amd. Sec. 4, Ch. 125, L. 2001.