Connect with CP&DR

facebook twitter

Follow us on Facebook and Twitter

Groundwater Pump Charges Not Subject To Propositions 13 and 26, Court Rules

publication date: Mar 21, 2015
View a Printer Friendly version of this page, allowing you to print the page. Send a summary of this page to someone via email.

United Water Conservation District may charge urban water users higher groundwater pumping fees than agricultural users, the Second District Court of Appeal has ruled. The court concluded that the fees are not property-based and therefore not subject to Proposition 13. In addition, the court concluded that the pumping fees fall under one of Proposition 26's exceptions, saying that the pump fees represent "payor-specific benefits" not subject to Prop. 26's requirements. 

The City of Ventura sued United over the fact that the district charges the city fees that are three to five times that of agricultural users, as permitted in the state Water Code. United manages groundwater in a large area in western Ventura County. Historically, United relied on property tax revenue water delivery charges. But after the passage of Proposition 13 in 1978, United began charging customers for pumping the groundwater. Pump charges are governed by Water Code Section 75522, which permits United to charge different rates for agricultural and non-agricultural users and also permits United to separate its service area into different zones. 

 



Sorry this page is available to premium subscribers only.

If you are already a subscriber, please login.

If you're not a subscriber why not join today?

If you believe you should be able to view this area then please contact us and we will try to rectify this issue as soon as possible.