RULES AND REGULATIONS

GOVERNING WATER SERVICE

 APPROVED AND ADOPTED BY THE BOARD OF DIRECTORS

 BY RESOLUTION NO.  47 ON  JULY 24, 2002

REGULATION NO. 1 - DEFINITIONS

 Whenever the following words and phrases appear in these Regulations Governing Water Service or in application or contract for water service they shall be given the meaning attributed to them by this regulation unless specifically indicated otherwise.  When not inconsistent with the context, words used in the present tense shall include the future, the singular shall include the plural, and the plural the singular.

1-1   AGENT - The word "Agent" used herein shall mean an employee or person appointed or hired by the District to perform duties for the District. 

1-2   APPROVED WATER SERVICE AREA - The term "Approved Water Service Area" as used herein shall mean that geographical area which is within the boundaries of “Water District Number 1” formed under the guidelines of MCA 7-13 Part 22;  a map of which is available at

1-3   APPURTENANCE - A right, privilege, or improvement belonging to, and passing with, a principal property.

1-4   BACK-UP PLANT - The term "Back-Up Plant" as used herein shall mean the supply source, pumping, treatment, storage and transmission facilities in the base system that are essential to the production and transmission of water delivered to the intact facilities, off-site facilities and special facilities of the base system.  Any reference to contributions of capital by developers or others for the back-up plant in these regulations shall apply to that incremental portion of the existing or new back-up plant, required to provide service to a particular Tract, Subdivision, Certificate of Survey, Commercial or Industrial Development, or any other similar type development.

1-5    BASE SYSTEM - The term "Base System used herein shall mean the District’s water supply system that is in existence at the time an application is submitted to the District by a customer who is requesting an extension of water service.  The base system includes the source of supply, transmission and distribution lines and appurtenances, pumping station, reservoirs, and all other property, equipment, buildings and structures under the ownership or direct control of the Water and Sewer District.

1-6   BOARD - The word "Board" as used herein shall mean the Board of Directors of the Lockwood Water and Sewer District as created and provided for in MCA 7-13-2231 through 7-13-2236 and the Articles of Incorporation and By-Laws of the District.

1-7   COUNTY - The word "County" or "Yellowstone County" as used herein shall mean the Yellowstone County of the State of Montana.

1-8    CROSS-CONNECTION - The term "Cross Connection" as used herein shall mean any connection or arrangement, physical or otherwise, between the District water supply system or the customer's installation and any foreign source of water supply, plumbing fixture or any tank, receptacle, equipment or device, through which it may be possible for potable and non-potable, used, unclean, polluted and contaminated water, or other substances to enter into any part of such potable water system under any condition.

1-9   CUSTOMER - The word "Customer" as used herein shall mean any individual, partnership, association, firm, public or private corporation, governmental agency or department thereof, or other legal entity receiving water service from the District.

1-10   CUSTOMER'S INSTALLATION - The term "Customer's Installation" as used herein shall mean all service pipe, meter box, or pit, back flow prevention device, pressure reducing valve, inside piping, appliances, and any other apparatus on customer's side of the point of delivery except the District’s water meter and any other equipment owned by the District.

1-11  DISTRICT- The term "District" as used herein shall mean the Lockwood Area/Yellowstone County Water and Sewer District.

1-12  EXTENSION - The term "Extension" as used herein shall mean the act or process of extending, adding to, or enlarging the District’s base system to provide water service to a prospective customer, or a group of prospective customers, and said extension shall be constructed in accordance with these regulations and all of the District’s standards of design and construction and any and all State or Federal laws or regulations.

1-13  GALLONS - The term "Gallons" as used herein shall mean the unit of measure used by the District when computing the amount of water consumed or that passes through a meter.

1-14  INDIVIDUAL EXTENSION - The term "Individual Extension" as used herein shall mean an extension of the District’s base system to provide service to an individual customer and said water extension is to be constructed in accordance with these regulations and the District’s main extension standards and any and all State or Federal laws or regulations.

1-15  IN-TRACT FACILITIES - The term "In-Tract Facilities" as used shall mean the water mains and appurtenances and the fire hydrants and appurtenances installed within a tract, subdivision, certificate of survey, commercial or industrial development, or any other similar type parcel of land, and which are to be owned by the District upon completion of construction of said facilities.

1-16     MANAGEMENT - The word "Management" used herein shall mean the Manager and/or the Assistant Manager hired or appointed by the Board having general charge of the District’s property, accounting, operation, supervision, and full power of hiring and releasing of all employees as provided for in the By-Laws of the District and MCA 7-13-2278.

1-17       MCA – The initials, MCA, shall stand for the Montana Code Annotated. 

1-18    METER - The word "Meter" as used herein shall mean the instrument, including any auxiliary devices and equipment, used to measure the amount of water delivered to a customer and which are owned by the District .

1-19    MONTH - The word "Month" as used herein shall mean an interval of approximately thirty (30) days between consecutive meter reading dates and not necessarily a calendar month.

1-20   OFF-SITE FACILITIES - The term "Off-Site Facilities" as used herein shall mean the water mains and appurtenances installed for the purpose of connecting in-tract facilities with the nearest point in the District’s base system at which adequate capacity is available to meet the domestic and fire flow requirements of the in-tract facilities.

1-21   OVERHEAD - The term "Overhead" as used herein shall mean all those elements of indirect cost necessary in the production of an article or the performance of a service, such as operating an office, installing, maintaining or repairing a customer's installation, installing, maintaining or repairing a water main, etc., and which are of such nature that the amount applicable to each unit of production or service cannot be determined readily or accurately and are usually therefore allocated on some estimated basis.  Usually, they relate to those objects of expenditure which do not become an integral part of the finished product or service such as rent, light, supplies, management, supervision, legal services, general engineering services, etc.

1-22   POINT OF DELIVERY - The term "Point of Delivery" as used herein shall mean the point at which the District’s facilities connect physically to the customer's facilities, the location of which shall be designated by or satisfactory to the District, and unless otherwise designated in the service agreement, shall be located at the connection to the District’s curb stop or valve which is normally located inside the public right-of-way or easement that abuts and fronts the property to be served. Said curb stop or valve normally located one (1) foot from the property line or at a location designated or agreed to by the District.

1-23    PREMISES - The word "Premises" as used herein shall mean a private home or house, mobile house, public or private building or an apartment house, a condominium, trailer court, mobile home park, planned unit development, planned unit residential development, or a group of similar adjacent buildings or property and the real property upon which they are situated that may be deemed premises by the District.

1-24   RATE SCHEDULE - The term "Rate Schedule" as used herein shall mean a formal statement approved by the Board of the rates, charges and conditions for a particular class or type of service as outlined by MCA 7-13-2301.  The rate schedules of the District are attached to these regulations as Exhibit B.

1-25   READILY ACCESSIBLE - The term "Readily Accessible" as used herein shall mean safely and easily reached during regular daytime working hours and not subject to being under "lock and key", "fenced in", "covered up", or otherwise obstructed.

1-26   SERVICE AGREEMENT - The term "Service Agreement" as used herein shall mean the agreement or contract between the District and customer pursuant to which water service is supplied and taken.

1-27   SHALL, WILL, MAY, REQUIRED, AND SHOULD - The words "Shall", "Will", "May", "Required", and "Should" as used herein indicate the status of the regulation. "Will", for instance, is a requirement.  "Should" is recommended.  "May" is at the discretion of the Board. "Shall" and "Required" are mandatory wherever used herein.

1-28   SPECIAL FACILITIES - The term "Special Facilities" as used herein shall mean the base system facilities other than water mains and appurtenances and fire hydrants and appurtenances that are required specifically to assure satisfactory service to customers of the District.  Examples of special facilities are pumping plants, reservoirs, lift stations, and back flow prevention devices which may be required to serve a relatively small geographical area within the Approved Water Service Area of the District.

1-29   SPRINKLING - The word "Sprinkling" as used herein shall mean the applying of water to gardens, lawns, shrubs, trees, sidewalks, or for washing vehicles, buildings or other equipment or structures.

1-30   SYSTEM DEVELOPMENT FEES – One time charge paid by new development as a proportionate share of the “general benefit” to finance the construction of public facilities needed to serve the development.  The current system development fee structure is included on Exhibit B attached to these regulations.

1-31   WATER MAIN - The term "Water Main" or "Main" as used herein shall mean the pipe laid in the street or other right-of-way, or easement for the distribution of water to a customer or customers' installation, and is a line designed or used to serve more than one premise constitutes a water main as defined and used herein.

1-32   WATER SERVICE - The term "Water Service" or "Service" as used herein shall mean the supply of water, the availability of water service, and also the water so delivered or used from the point of delivery, either directly or indirectly from the District’s base system.