(A) Any person desiring to drill, dig or excavate for a water well within the corporate limits of the City must first apply to the Public Works Department for a permit therefor and must advise the City of the exact location of the proposed water well.
(B) The application for such permit must contain:
(1) A description of the purpose for the proposed well, such as domestic, lawn and garden, commercial, industrial or other use; and
(2) A statement of whether the municipal water system is currently serving or available to the property where the well is proposed.
(C) If granted, the well permit shall contain the following:
(1) This authorization to construct a water well has been granted pursuant to Title 4 of the City code, and is subject to the conditions within this permit and any conditions imposed by the Montana Department of Natural Resources and Conservation (DNRC), the Montana Department of Environmental Quality (DEQ), Meagher County, any other government agency or entity with jurisdiction, and any other applicable law;
(2) The applicant specifically agrees to be bound by the following condition:
(a) The applicant agrees this well and associated water right will be made available as needed upon the written consent of the water well applicant, to the City of White Sulphur Springs if necessary for mitigation, permitting and/or change authorizations related to future expansion or upgrade of the City of White Sulphur Springs municipal water supply system, which may include curtailment or retirement of this well; and
(b) This is not a water right, certificate or permit authorizing the withdrawal, diversion or right to pump and use water. Applicants must complete necessary water right notices, forms and/or permitting procedures with DNRC by contacting the appropriate DNRC office, currently located at 613 NE Main St. E, Lewistown, MT 59457, phone (406) 538-7459, http://dnrc.mt.gov/divisions/water/water-rights/water-right-forms.
(3) A plan whereby a reduced pressure backflow preventer will be installed on the applicant's distribution line;
(4) An agreement by the permittee that a water sample will be submitted to the Environmental Laboratory of the Montana Department of Public Health and Human Services, or a laboratory approved by them, for the purpose of determining the potability of the water, and pay any applicable fee to the State of Montana for the test; and if the water is certified as not potable by the State Department of Health and Environmental Sciences, the permittee must post a sign at the well indicating that the water is not potable;
(5) An agreement by the permittee that an annual water sample be submitted to the Environmental Laboratory of the Montana Department of Public Health and Human Services and that the permittee (or owner) pay any applicable fee to the State of Montana for the test;
(6) The permittee must submit to an inspection of the well by the Public Works Supervisor or other City employee at any reasonable time, upon prior notice, except that the provisions concerning time and notice are waived in the event of an emergency. Such inspection may include an inspection to determine whether the well is being used in accordance with the terms of the permit issued; and
(7) Before it is put into operation, the Public Works Supervisor or designee will inspect the well to determine that the backflow preventer has been properly installed.
(Ord. 364, passed 9-4-2018; Ord. 369, passed 4-1-2018, § 4.10.020; Ord. 2023-2, passed 2-21-2023)