Mont. Code Ann. » TITLE 7. LOCAL GOVERNMENT · CHAPTER 13. UTILITY SERVICES · Part 43. Municipal Sewage and/or Water Systems
Montana Code Annotated

Mont. Code Ann. § 7-13-4304 (2026)

Authority To Charge For Services

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  1. MCA Contents
  2. TITLE 7
  3. CHAPTER 13
  4. Part 43
  5. 7-13-4304 Authority to charge for services

TITLE 7. LOCAL GOVERNMENT

CHAPTER 13. UTILITY SERVICES

Part 43. Municipal Sewage and/or Water Systems

Authority To Charge For Services

7-13-4304. Authority to charge for services. (1) The governing body of a municipality operating a municipal water or sewer system shall fix and establish, by ordinance or resolution, and collect rates, rentals, and charges for the services, facilities, and benefits directly or indirectly afforded by the system, taking into account services provided and benefits received.

(2) Sewer charges may take into consideration the quantity of sewage produced and its concentration and water pollution qualities in general and the cost of disposal of sewage and storm waters. The charges may be fixed on the basis of water consumption or any other equitable basis the governing body considers appropriate. The rates for charges may be fixed in advance or otherwise and shall be uniform for like services in all parts of the municipality. If the governing body determines that the sewage treatment or storm water disposal prevents pollution of sources of water supply, the sewer charges may be established as a surcharge on the water bills of water consumers or on any other equitable basis of measuring the use and benefits of the facilities and services.

(3) An original charge for the connecting sewerline between the lot line and the sewer main may be assessed when the connecting sewerline is installed.

(4) The water and sewer rates, charges, or rentals shall be as nearly as possible equitable in proportion to the services and benefits rendered.

History: Ap. p. Sec. 3, Ch. 149, L. 1943; amd. Sec. 3, Ch. 98, L. 1955; Sec. 11-2219, R.C.M. 1947; Ap. p. Sec. 1, Ch. 149, L. 1943; amd. Sec. 1, Ch. 100, L. 1947; amd. Sec. 1, Ch. 98, L. 1955; amd. Sec. 7, Ch. 158, L. 1971; Sec. 11-2217, R.C.M. 1947; Ap. p. Sec. 1, Ch. 411, L. 1973; Sec. 84-4726.1, R.C.M. 1947; R.C.M. 1947, 11-2217(part), 11-2219(part), 84-4726.1(part); amd. Sec. 25, Ch. 251, L. 1979.

Notes of Decisions
Cited in 3 cases, 1980–1998 · leading case: Seypar, Inc. v. Water & Sewer Dist. No. 363, 1998 MT 149, 960 P.2d 311.
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Seypar, Inc. v. Water & Sewer Dist. No. 363, 1998 MT 149, 960 P.2d 311. · cites it 6× “¶17 Third, Seypar argues that the District Court erred when it relied, by analogy, on § 7-12-4133, MCA (authority of municipalities to regulate an individual landowner’s connection to sewer lines), and § 7-13-4304, MCA (authority of municipalities to charge fees for those…”
Lechner v. City of Billings, 797 P.2d 191 (Mont. 1990). · cites it 7× “See also § 7-13-4304, MCA. The rates, fees and charges collected should produce sufficient revenue to pay bonds issued to finance the construction, improvements or extension of any undertaking and to “provide for all expenses of operation and maintenance of such undertaking,…”
Berger v. City of Billings, 607 P.2d 558 (Mont. 1980). · cites it 6× “The pertinent part of the statute can now be found at section 7-13-4304(4), MCA, which states: “The water and sewer rates, charges, or rentals shall be as nearly as possible equitable in proportion to the services and benefits rendered.”
Mont. Code Ann. § 7-13-4304(3): 1 case
Seypar, Inc. v. Water & Sewer Dist. No. 363, 1998 MT 149, 960 P.2d 311. “¶17 Third, Seypar argues that the District Court erred when it relied, by analogy, on § 7-12-4133, MCA (authority of municipalities to regulate an individual landowner’s connection to sewer lines), and § 7-13-4304, MCA (authority of municipalities to charge fees for those…”
Mont. Code Ann. § 7-13-4304(4): 1 case
Berger v. City of Billings, 607 P.2d 558 (Mont. 1980). “The pertinent part of the statute can now be found at section 7-13-4304(4), MCA, which states: “The water and sewer rates, charges, or rentals shall be as nearly as possible equitable in proportion to the services and benefits rendered.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.