Santa Clara Water Pump Charge Didn't Violate Prop. 218, Court Rules
publication date: Mar 30, 2015
In a case that would appear on its face to conflict with a different appellate ruling filed just two weeks ago, the Sixth District Court of Appeal has ruled that a groundwater pump charge is a property-related charge subject to Proposition 218.
However, the court also ruled that the pump charge issued by the Santa Clara Valley Water District is also a fee and therefore is exempt from some of Proposition 218's requirements. The facts are very case-specific and the underlying statute is different from the one considered in City of San Buenaventura v. United Water Conservation District, which ruled that a groundwater pump charge is a fee and not a property-related charge.