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 |
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 |
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. |