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This is an obsolete version of the rule. Please click on the rule number to view the current version.

17.36.334    WATER SUPPLY SYSTEMS: AGREEMENTS AND EASEMENTS

(1) If a proposed subdivision includes a multiple-user water supply system, the applicant shall submit to the reviewing authority an operation and maintenance plan for the system. The plan must ensure that the multiple-user systems will be adequately operated and maintained. The reviewing authority may require the applicant to create a homeowners' association, county water district, or other administrative entity that will be responsible for operation and maintenance and that will have authority to charge appropriate fees.

(2) If a proposed subdivision includes a shared water supply system, or includes a water supply system shared by two or more commercial facilities, the reviewing authority may require the applicant to submit a draft user agreement that identifies the rights of each user. The user agreement must be signed by all users when the lots are sold. The applicant must also grant or obtain easements to allow adequate operation and maintenance of the system. Shared user agreements and easements must be in a form acceptable to the department.

History: 76-4-104, MCA; IMP, 76-4-104, MCA; NEW, 2002 MAR p. 1465, Eff. 5/17/02.

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