Cal. Civ. Code § 37.111.110
37.111.110 WATER SUPPLY SYSTEM GENERAL REQUIREMENTS
Operative Text
(1) An establishment must provide an adequate and potable supply of water. (2) A public water supply system must be approved by the Montana Department of Environmental Quality (DEQ) and meet the requirements of ARM Title 17, chapter 38, subchapters 1, 2, 3, and 5. (3) A nonpublic water supply system must meet the requirements of Nonpublic Water Supply Circular FCS 1-2016 when: (a) the water supply is constructed after the effective date of this rule; (b) modifications are made to the water system; or (c) the local regulatory authority determines compliance with Nonpublic Water Supply Circular FCS 1-2016 is necessary to meet the requirements of this subchapter. (4) A non-potable water source may be used only if: (a) access points are marked "not for human consumption"; (b) installation and maintenance prevent any connection to a potable water supply system; and (c) the source is used in a manner that does not expose the public to any health risk. (5) The department adopts and incorporates by reference Nonpublic Water Supply Circular FCS 1-2016 in effect November 5, 2019, which contains potable water construction and maintenance standards for nonpublic water supplies serving licensed establishments. A copy of Nonpublic Water Supply Circular FCS 1-2016 may be obtained from the Department of Public Health & Human Services, Food & Consumer Safety Section, P.O. Box 202951, Helena, Montana 59620-2951. The Nonpublic Water Supply Circular FCS 1-2016 is also available on the department's web site at www.fcss.mt.gov .
Mont. Admin. R. 37.111.101 § 37.111.110 establishes baseline requirements for water supply systems at licensed establishments in Montana. Every such establishment must provide water that is both adequate in quantity and safe for human consumption. Public water systems must carry DEQ approval and conform to the relevant ARM Title 17 standards, while nonpublic systems must meet the Nonpublic Water Supply Circular FCS 1-2016 under specified circumstances. Non-potable water sources are only permissible when strictly controlled to prevent any risk to public health.
Plain English — not legal advice.
Operators of licensed establishments subject to Mont. Admin. R. 37.111.101 § 37.111.110 generally ensure their water supply is both sufficient and potable at all times. Those relying on a public system maintain current DEQ approval and track compliance with ARM Title 17, chapter 38. Operators using a nonpublic system keep documentation showing conformance with Nonpublic Water Supply Circular FCS 1-2016, particularly when constructing new infrastructure, making modifications, or when directed by the local regulatory authority. Any non-potable source on the premises is clearly labeled, physically isolated from potable lines, and managed so that no public health risk arises.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Residents and guests at establishments covered by Mont. Admin. R. 37.111.101 § 37.111.110 have an interest in knowing that the rule requires management to supply water that is adequate and safe to drink. If water quality or labeling appears inconsistent with these requirements — for example, if a non-potable source lacks clear signage or if the water supply seems unsafe — a concern can generally be raised with Montana's Department of Public Health & Human Services, Food & Consumer Safety Section, which oversees compliance with this provision. Tenant-rights organizations or local health authorities can also help clarify what remedies or complaint processes may be available in a given situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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