Legal Question in Real Estate Law in Montana

Disconnecting Utilities

A local attorney owns the water company in our subdivision. He has put unrealistic restrictions on when, how, & with what we can water. If you break the restriction, you are sent a warning, then a $10 fine. If you break the restriction a third time, he claims he will shut off your water. The water restriction has to do with water pressure due to an over-taxed system & not due to drought or conservation.

The restrictions are: water from 10pm to 5am. Own only one hose, no soker hoses, no washing your car, only one sprinkler. No watering on Sunday. Ever try watering your lawn in the dark or moving sprinklers until 2am? The subdivision includes 8 different streets and we are all on the same watering times. Can this man legally shut off our water if the restriction is broken?


Asked on 8/02/00, 12:56 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Disconnecting Utilities

A water company is a public utility and what they can do is strictly governed by MT law. Check with the PUC for rules/regulations governing the operation of a public water company.

Reasonable restrictions to conserve water applied uniformly to all are generally upheld, particularly in this time of drought in the West with such great fire danger.

All decorative watering is best done at night when evaporation is the least.

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Answered on 9/13/00, 10:11 am


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