On Monday, a state appellate court affirmed a lower-court ruling regarding how water rates must be determined.

The decision said, “The trial court did not err in ruling that Proposition 218 requires public water agencies to calculate the actual costs of providing water at various levels of usage.”

The 4th District Court of Appeal did not throw out tiered rates many water districts use, including all three on the Hill, but emphasized that these rates must be based on the actual costs, not a pre-determined scale.

“While tiered, or inclined rates that go up progressively in relation to usage are perfectly consonant with [the state’s constitution], the tiers must still correspond to the actual cost of providing service at a given level of usage. The water agency here did not try to calculate the cost of actually providing water at its various tier levels,” the three-judge opinion said.

In a quickly released announcement, Gov. Jerry Brown said, “The practical effect of the court’s decision is to put a straitjacket on local government at a time when maximum flexibility is needed. My policy is and will continue to be: employ every method possible to ensure water is conserved across California.”

He also added that the state’s lawyers will review the decision.

The decision also approved using water rates to raise revenue for capital projects. It questioned whether low-volume users might be subsidizing the cost of these facilities needed to serve high-volume users.

The justices concluded that the California Constitution would permit “water agencies passing on the true, marginal cost of water to those consumers whose extra use of water forces water agencies to incur higher costs to supply that extra water.”

Similar Posts

  • |

    Female award nominees sought

    The Riverside County Commission for Women is accepting nominations for its 2015 Woman of the Year and Young Lady of the Year awards. The awards are bestowed upon an outstanding woman and young lady in each supervisorial district who have demonstrated an exceptional commitment to the community by working to improve the status of women,…

  • Winter alleviates forest restriction

    With recent winter weather across the southland, San Bernardino National Forest officials reduced fire restrictions Wednesday, Feb. 22, and will resume winter burning projects. “We will continue to monitor the weather and fuel conditions across the landscape and change restriction levels as conditions warrant,” said Randy Unkovich, fire prevention officer. Under the reduced fire restrictions,…

  • Jeff Stone enjoys the exchange of ideas during the campaign

    Seeking aid for homeless and mental health issues Editor’s note: The Hill is part of the 28th state Senate District. Jeff Stone, Republican from Temecula, is the incumbent. Joy Silver, of Palm Springs, is one of two Democrats challenging him. Jeff Stone (Republican) is the incumbent state senator representing the 28th District, which includes all…

  • Stone announces committee vacancies

    Riverside County Supervisor Jeff Stone is seeking residents interested in serving on county councils, boards and committees. Vacancies exist on each of the following: Advisory Committee on Substance Abuse, Advisory Council on Aging, County Service Area 36 (Idyllwild), County Service Area 149 (Wine Country), Community Facilities District Special Tax Review Board, Flood Control Commission, In-Home…

  • Orr new Riverside County executive

    Jay Orr, the assistant executive office, will become the next Riverside County executive officer. Members of the Board of Supervisors made the selection during closed session, the board of supervisors voted 4-1, with Supervisor Jeff Stone dissenting, to appointed Orr to the position. He succeeds interim CEO Larry Parish, who has filled the position since…

  • National health survey underway

    The National Health and Nutrition Examination Survey got underway in Riverside County on Aug. 30. The program monitors the health and nutritional status of the U.S. population. Public health officials, legislators and physicians use the information to develop effective health policies and programs. Also, national references are produced and standardized growth charts are created for…