9-6-8: DROUGHT EMERGENCY CONSERVATION PLAN:

The city of Cut Bank operates a municipal utility. This utility is a public utility as provided in Montana Code Annotated 69-3-101. As a public utility, the city of Cut Bank is obligated by law 1 to provide "reasonably adequate service and facilities". The city of Cut Bank has potential legal liability on any failure to provide reasonably adequate service to its customers.

Any restrictions beyond lawn sprinkling and recreational use entail serious problems. The remaining uses of water are for domestic consumption, sanitary use, governmental use, agricultural use, commercial use, and industrial use. Reduction of domestic consumption, sanitary use, and governmental use can impact the health, safety and welfare of the customers of the municipal water utility. Restrictions on commercial use, industrial use, and agricultural use can involve economic hardship for those users. Thus, the city superintendent and/or mayor shall only impose such additional restrictions over and above lawn sprinkling and recreational use restrictions after approval by the city water commission and the city council.

Depending on the severity of the drought, possible actions that the city council could take are set forth in the drought emergency conservation plan (stages I, II, III, IV, V, VI) as follows:

   DROUGHT EMERGENCY CONSERVATION PLAN

   STAGE I

Drought condition		Minor
Water use reduction goal		5 to 10 percent
Public information action		Explain drought/emergency conditions
		Disseminate technical information
		Request voluntary reduction
Public sector action		Comply with adopted use restrictions hereunder
Use restrictions		Restrict lawn watering including city parks and the sports complex, limit use of water for street cleaning purposes
Penalties		As established by the city

 

   STAGE II

Drought condition		Moderate
Water use reduction goal		15 to 20 percent
Public information action		Use news media intensively to explain emergency
		Explain restrictions and penalties
		Explain actions in potential succeeding stages
Public sector action		Comply with adopted use restrictions hereunder
Use restrictions		Restrict all outdoor water use
Penalties		As established by the city

 

   STAGE III

 

Drought condition		Severe
Water use reduction goal		20 to 30 percent
Public information action		Same as stage II
Public sector action		Prohibit all public water use not required for health or safety
Use restrictions		Prohibit all outdoor water use
Penalties		As established by the city

 

   STAGE IV

 

Drought condition		Critical
Water use reduction goal		50 percent or more
Public information action		Same as stage II
Public sector action		Reduce water system allotments to residential customers
		Mandate percentage water reductions or shut down commercial and/or industrial customers as determined by the water commission
		Severely curtail or shut down water use by North Glacier County water district, Seville Housing. All other users whether metered or not which are located outside the city of Cut Bank corporate limits
Penalties		As established by the city

 

   STAGE V

   DECLARATION OF A STATE OF EMERGENCY

The mayor, as the chief executive officer for the city of Cut Bank, may, pursuant to Montana Code Annotated section 10-3-402, declare a local emergency and issue an order declaring the nature of the emergency, the area threatened and the conditions causing the emergency and how the emergency may be terminated.

   STAGE VI

   DECLARATION OF A STATE OF DISASTER

The mayor, as the chief executive officer of the city of Cut Bank, may, pursuant to Montana Code Annotated section 10-3-403, declare a local disaster if the mayor feels a disaster is occurring or has occurred. The mayor shall follow all requirements of Montana Code Annotated title 10, part 4, when declaring either an emergency or disaster and consult with appropriate county and state officers and personnel to mitigate the effects of the emergency or disaster.

(Ord. 2007-03, 9-17-2007)

 

Notes

1	1. MCA 69-3-201.