In blow to water conservation, court rejects San Juan Capistrano's tiered rates

latimes.com ^ | Matt Stevens

[BenLurkin]

In a ruling with major implications for California's water conservation campaign, a state appeals court on Monday ruled that a tiered water rate structure used by the city of San Juan Capistrano to encourage conservation was unconstitutional..

The Orange County city used a rate structure that charged customers who used small amounts of water a lower rate than customers who used larger amounts.

But the 4th District Court of Appeal struck down San Juan Capistrano's fee plan, saying it violated voter-approved Proposition 218, which prohibits government agencies from charging more for a service than it costs to provide it.

"We do hold that above-cost-of-service pricing for tiers of water service is not allowed by Proposition 218 and in this case, [the city] did not carry its burden of proving its higher tiers reflected its costs of service," the court said in its ruling.

The stakes are high because at least two-thirds of California water providers, including the Los Angeles Department of Water and Power, use some form of the tiered rate system.

Gov. Jerry Brown immediately lashed out at the decision, saying it puts "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.”

[kjam22]

California is next to the pacific ocean. They have no excuse for a water shortage.

[onedoug]

Sounds like a “conservative” system.

Is that the political makeup of past and present Supervisors?