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![handle is hein.sag/sagmt0069 and id is 1 raw text is: AUSTIN KNUDSEN - STATE OF MONTANA
VOLUME NO. 59 OPINION NO. 1
MUNICIPALITIES: Municipalities retain the right to require permits from a Water District
which contracts with the city for water for excavation of city water lines in city streets
and rights-of-way;
WATER DISTRICTS: A water district which contracts to receive its water from a
municipality must obtain a permit from the city to excavate waterlines within the city;
MONTANA CODE ANNOTATED: §§ 7-1-112 (3), 7-13-2201, 7-13-2218, 7-13-2219, 7-
13-2220, 7-13-4104, 7-14-116, 7-14-4121.
HELD: The Water District must apply and pay for permits from the city prior to
excavating in the right-of-way on property owned by and under city
management.
November 17, 2023
Gina Dahl, Esq.
Billings City Attorney
P.O. Box 1178
Billings, MT 59103
Ms. Dahl:
[P1] You have requested an Attorney General Opinion on a question I have restated as
follows:
Whether § 7-13-2220 MCA, and § 7-1-112(3) MCA, prohibit the City of
Billings (City) from requiring a county water district to obtain a permit from
the City to excavate in City streets and other public rights-of-way pursuant
to City ordinances and state law?
[P2] In preparing this Opinion, I have considered the analysis in your legal
memorandum accompanying your request for an Attorney General Opinion and
comments received in this office.
[P3] According to the City, the County Water District of Billings Heights (District) was
created in 1958 under MCA § 7-13-2201 as a separate unit of local government distinct
from the City. The District contracts with the City to receive municipal water service
from the City's municipal water system.](ViewImageLocal?handle=hein.sag/sagmt0069&div=1&collection=&method=preview&ext=.png&size=3)