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2023 Op. Mont. Att'y Gen. 1 (2023)

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.