Water Service Fee Increases Under Proposition 218: Proper Procedure After Griffith v. Pajaro Valley Water Management

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Water Service Fee Increases Under Proposition 218: Proper Procedure After Griffith v. Pajaro Valley Water Management

Mar 01, 2014

Burke Public Law Update

In January of this year, the California Supreme Court denied review of Griffith v. Pajaro Valley Water Management. The appellate decision made late last year is therefore now reliable authority for interpreting the appropriate process for a water rate increase under Proposition 218. In Griffith, the California Court of Appeal for the Sixth District reviewed the procedure used to adopt an ordinance increasing charges for certain groundwater augmentation costs. In doing so, the appellate court provided clarification regarding what constitutes a Proposition 218 water service fee or charge and who should be notified of a protest hearing for such a fee or charge.

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