Water and Sewer Association Allowed to Ban Private Wells, if Reasonable

摘要

The Supreme Court of Montana has determined that a private nonprofit water and sewer association can prohibit the drilling and use of private wells on its members' property. Eastgate Village Water and Sewer Association (EVWSA) is a private, nonprofit corporation that contracted with Lewis and Clark County, Mont., to "undertake the responsibility for the maintenance, repair, and operation of the water and sewage systems" within a particular district that included the Eastgate Village subdivision. Because of a drought in the summer of 2003, the EVWSA implemented policies limiting water use and banning the drilling and use of private wells by its members. In order to better water their lawn and garden, Joseph and Gloria Davis (Davises), residents of Eastgate Village and members of EVWSA, had a private well dug on their property. The Davises notified the state of their new well and received a "Certificate of Water Right" to use the well water for lawn and garden use, but the well was not constructed to meet domestic or potable water regulations.