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Public Water Supply Law 

 (Title 69, Chapter 49, R.C.M. 1947) 



The Public Water Supply Law involves protection, maintenance, and 

 improvement of the quality and potability of water for public water 

 supplies and domestic use. DHES (Water Quality Bureau) has supervision 

 over all waters used for public water supply or domestic purposes. 

 Departmental responsibilities include adopting rules and standards, 

 investigating complaints, monitoring water quality, and issuing orders to 

 prevent or abate pollution of public water supplies. The law prohibits 

 the pollution of state waters and particularly public water supplies. 



The construction of logging roads and logging camps within a watershed 

 of a public water supply system is prohibited unless a permit has been 

 issued by DHES after approving detailed plans and specifications for 

 protection of water quality. Considering this regulation of logging 

 operations, the DHES has the legal framework with which to control or 

 prevent impacts to public water supplies from si Ivi cultural activities. 

 The law has been utilized successfully in this respect (Yellowstone Pine 

 Co. operation on Hyalite Creek, Gallatin National Forest, 1974). 



The Water Quality Bureau (WQB) should pursue the following steps: 1) 

 require the use of BMP's for plan approval; 2) actively monitor forestry 

 activities in such watersheds; the WQB should not rely on a "complaint" 

 procedure for problem identification; and 3) aggressively enforce the 

 law to provide adequate protection of public water supplies. 



