Section 13.04.200 Private Wells. (Amended by Ordinance NO.161: 11-16-1999) Repeal Ordinance NO. 13.04.160
The intent of the city is to reduce and minimize the waste and contamination of ground water
resources in the city of Hamilton by reasonable rules and regulations for the establishment and
operation of private wells to protect the health and general welfare of the city of Hamilton’
s
water system and water supply.
A. New or improved private water wells.
Any person proposing to drill or install a private water well or improve an existing water well
within the city limits, must receive a permit from the city of Hamilton before proceeding with
any work. No permit shall be processed or issued without the approval from the Department of
Natural Resources and Conservation. The approved permit from the city of Hamilton shall be
recorded with the Department of Natural Resources Center. Private water wells of any type may
not be cross-connected with the city water system and must meet all rules and regulations
required by the state of Montana.
1. Private water wells for the purpose of providing irrigation water shall be permitted upon
application to the Department of public works. The permit application shall include a site plan
indicating the proposed location of the well, any other wells within two hundred (200) feet of the
proposed well location, and a description of land area to be irrigated. An irrigation well shall be
permitted to be used for irrigation purposes only. Any other use of the irrigation well shall be
cause for revocation of the permit.
2. A permit for private water wells for potable water shall be submitted to the department of
public works and shall only be granted when there is not city water system within two hundred
(200) feet of the subject property and when all applicable rules and regulations issued by the
state of Montana are met. Timer permit application shall include a site plan indicating the
proposed location of the well, any other wells within two hundred (200) feet of the proposed well
location and a description of the existing or proposed use of the subject property.
All private water wells are subject to the following stipulations:
A. The city shall revoke the permit for any private water well which violates
the provisions of
this Title or any of the laws of the state of Montana. The city reserves the right to revoke any
permit of any private potable well at such time that the city domestic water services become
available within two hundred (200) feet of the subject property.
B. In the event of a violation in the water service or water system, the owner
shall be notified by
a written notice of violation issued by the director of public works and shall be required to correct
the
violation within the time set by the director of public works and obtain all city permits necessary.
C. If the owner does not correct the violation within the time stated by the
director of public works,
the permit shall be revoked and the well shall be considered abandoned.
D. The location of private water wells approved by the city of Hamilton shall be shown on a plat
map and well log shall be recorded with the clerk and recorders office of Ravalli County.
E. Private water wells shall have a city water meter installed when the owner
is connected to the
city wastewater system. The meter installation shall be done at the expense of the property
owner for the purpose of measurement of sewage generated. Meters shall be replaced at the
expense of the owner.
F. All private water wells shall be subject to inspection by the director of
public works or
his/her designee to insure compliance with city regulations and the state of Montana rules and
regulations for the use of private wells. Non-compliance with city regulations may be cause for
revocation of the private well. Any inspection which reveals any threat to the city water system
or city water supply, as determined by the director of public works, shall be subject to a cease
and desist order which shall remain in effect until such threat is eliminated.
Any water wells which are not in continuous use for one hundred eighty (180) days shall be
deemed abandoned and shall be sealed in a manner which meets the approval of the director of
public works for the city of Hamilton and the laws of the state of Montana. (Ord. 215 (part),
2003)
