Major Victory for Water Rate Payers??

[Wrightwood]

Latest News for HJTA Members ( Howard Jarvis Taxpayers Association)

Major Victory for Water Rate Payers??

HJTA attorneys contributed to a major legal victory that was decided yesterday when an appellate court unanimously upheld tiered water rates, while ruling that such rates are limited by Proposition 218 (sponsored by HJTA and passed by voters in 1996) to the actual cost to provide water service.

This means that utilities cannot charge arbitrarily tiered rates, or subsidize some ratepayers at the expense of others.

This important ruling will protect taxpayers across California from abusive and unfair utility rate setting procedures.

[tcaarabians]

Ok, I'm calling this decision " The throwing the Baby out with the Bath Water Decision."  Disclaimer: , I am a heavy user of water. I dislike the tier system.. but I'm willing to pay it. I like my roses and trees. I have no lawn,  I never wash my truck and I'm not going to admit how often I flush in a public forum.

The impact of Prop 218, a constitutional amendment. was expanded to water agencies by a court decision. (See Hastings Law Review article on Prop 218.)  I am unclear if this Court of Appeals decision, in the 4th Circuit, has immediate implications for our water agencies here.  I guess I should look up if the 4th Circuit includes SBD County. There will no doubt be an appeal.

But, if I'm reading the decision right .. it simply states that water agencies must demonstrate the reasons for a tiered-charge.. it cannot be arbitrary. So, it doesn't outright ban tiered rates. Ya just gotta come up with an argument that holds water. My reading anyway. Feel free to correct me.  cheryl o7o

 

[lagomorphmom]

But, if I'm reading the decision right .. it simply states that water agencies must demonstrate the reasons for a tiered-charge.. it cannot be arbitrary. So, it doesn't outright ban tiered rates.

That is the understanding that I am reading.