Montana Attorney General Opinion 16-213

Opinion No. 213. Schools-Trustees-Water Supply System, Power to Build Limited. Cities and Towns, May Not Sell Water to. HELD: School boards have no power to engage in the sale of water to the public or to cities and towns, or to install a water supply system more than sufficient to supply the reasonably anticipated needs of the schools. December 16, 1935. Mr. Harold G. Dean County Attorney Thompson Falls, Montana With your letter of December 12 . you enclosed certain correspondence among yourself and the Clerk and Chairman of School District No.9 of Dixon, Sanders county, Montana, from which I gather that the question has been raised whether said School Dis- trict may lawfully sponsor a Federal public works project to consist of a water supply system, investing school monies, either from funds on hand or to be raised by a bond issue, to cover the costs of materials, for the pur- pose of enabling the citizens of the town of Dixon, either directly or in- directly, to make use of said water supply system. It appears that you advised the Clerk of the District that such action would not come within the powers of the school trustees, and with this opinion we agree. Boards of school trustees have no powers except those expressly granted by law or necessarily implied from those granted (McNair v. School Dis- trict No. 1 of Cascade County, 87 Mont. 423, 288 Pac. 188, 69 A. L. R. 866). We find nothing in the law au- thorizing school boards to engage in the sale of water to the public or to install a water supply system more than sufficient to supply the reason- ably anticipated needs of the schools or to invest the school funds for the benefit of towns or persons not en- OPINIONS OF THE ATTORNEY GENERAL 223 gaged in the functioning of the schools. Accordingly, it is our opinion that such action as is outlined above on the part of the School Board at Dixon would be unlawful.