Latest Publications

Share:

No Mandatory Exhaustion of Administrative Remedies for Proposition 218 Challenge - California Court of Appeal Allows Challenge to...

A ratepayer is not required to file a written protest or appear at a public hearing for the adoption of new or increased property-related fees prior to filing a legal challenge to those fees, a California Court of Appeal...more

U.S. Supreme Court Declines to Review a Legal Challenge to Mello-Roos Special Taxes - Funding Mechanism for “Additional Services”...

The U.S. Supreme Court this week declined to hear a development association’s petition for review of a California Court of Appeal’s decision that the Mello-Roos Act of 1972 allows the City of San Ramon to levy a special tax...more

School Districts not Exempt from Paying Assessments to Fund Flood Control Services - California Appellate Court Finds...

An assessment to fund flood control and drainage services imposed by a county reclamation district on a school district was upheld Friday by a California appellate court. The court found that the trial court erred in...more

Financing Increased Demand On Pre-Existing Services Constitutes “Additional Services”

California Court Decision Rules on Mello-Roos Community Facilities Act of 1982 - Community Facilities Districts formed by a landowner vote may be used to finance increased demand on pre-existing services, a California...more

Legislation Establishes New Reporting Requirements for State and Local Debt Obligations

Annual Reports Filed with the California Debt and Investment Advisory Commission Must Include Additional Information - State and local agencies that issue debt must now file new specified information in the annual...more

California Appellate Court Holds Groundwater Pumping Fees are Property-Related Fees Subject to Prop. 218

Decision Conflicts with a Separate Appellate Court Decision to be Considered by the California Supreme Court - In Great Oaks Water Company v. Santa Clara Valley Water District, originally issued March 26, the Sixth...more

California Supreme Court Denies Requests to Depublish San Juan Capistrano Case

Action Means the Closely Watched Tiered Water Rate Case Is Final - The California Supreme Court on Wednesday denied requests to depublish the appellate court opinion in Capistrano Taxpayers Association v. City of San...more

California Department of Water Resources Adopts Update to the Model Water Efficient Landscape Ordinance

Cities and Counties Will be Required to Update their Existing Water Efficient Landscape Ordinances or Otherwise be Subject to the New Model Ordinance - An updated Model Water Efficient Landscape Ordinance that...more

California Supreme Court Grants Review in San Buenaventura Groundwater Pumping Fees Case

Appellate Court Decision Held that the Pumping Fee is Subject to Prop. 26 and is not a Property-Related Fee Subject to Prop. 218 - Two California Appellate Court decisions handed down in March addressed whether or not...more

California Water Suppliers Take Steps to Meet Conservation Standards

From restrictions on yard irrigation to public awareness campaigns, California’s water suppliers are using a variety of approaches to meet mandatory water cutbacks resulting from the drought. Here are some notable examples...more

Drought Bill To Combat Water Shortages Passes In California Legislature

Measure Would Allow Forced Consolidation Of Water Suppliers, Large Civil Fines - The California Legislature approved a budget bill that would grant the state authority to force water systems to consolidate to serve...more

Proposition 218 Guide for Special Districts

In this Guide: - Taxes (Article XIII C) - Assessments, Fees and Charges (Article XIII D) - Assessments (Article XIII D, Sections 4 And 5) - Property-Related Fees and Charges (Article XIII D,...more

City's Revenue Transfer From its Wastewater Utility to its General Fund Is Justified

California Appellate Court Holds that Transfer Did Not Violate Proposition 218 - In a challenge to the transfer of revenues from a city’s wastewater utility to its general fund, a California Appellate Court held Tuesday...more

State Water Resources Control Board Adopts Emergency Water Restrictions Throughout California

Sweeping Regulations Expected to Take Effect by May 15 - The State Water Resources Control Board took final action on emergency regulations designed to achieve an overall 25 percent reduction in potable urban water use...more

Tough Mandatory Water Restrictions of up to 36 Percent Retained in Draft Emergency Drought Regulation for California

State Water Resources Control Board Cites Need to Avoid Potential “Catastrophic Impacts” - The State Water Resources Control Board released revisions to its draft emergency regulations to restrict overall potable urban...more

California Court of Appeal Holds City's Tiered Water Rate Structure Violates Proposition 218

But City May Charge Potable Customers for the Costs of Developing Alternative Supply Projects, Such as Recycled Water - In an opinion anxiously awaited by many water agencies throughout California, the Fourth District...more

4/24/2015

San Juan Capistrano Tiered Water-Use Rates Decision

The Fourth District Court of Appeal’s decision finding that San Juan Capistrano’s tiered water-use rates structure violated Proposition 218 generated a lot of news coverage, as these structures are likely to be a tool water...more

Draft Mandatory Regulation Restricting Water Use Released by California Water Resources Control Board

Expanded Tiering System; Next Round of Comments Due Wednesday - Moving at a swift pace, the State Water Resources Control Board released a draft emergency regulation over the weekend that, for the first time, would...more

Upcoming Mandatory Water Regulations Draw Widespread Concern

The State Water Resources Control Board’s proposed regulatory framework for mandatory statewide water cutbacks drew 277 comment letters during the brief window of time allowed for input. The Water Board released its...more

FAQs on California’s Emergency Water Conservation Regulations

In the wake of Gov. Jerry Brown’s Executive Order calling for mandatory water reductions statewide, the State Water Resources Control Board went to work immediately on drafting emergency measures. Since Brown’s order two...more

Proposed Framework for Mandatory Water Use Reductions in California Released

Fast Track Ahead for Emergency Regulations - The State Water Resources Control Board late Tuesday issued the draft framework for forthcoming emergency regulations designed to help the state conserve water in the face...more

California Water Suppliers Facing Historic Mandatory Restrictions on Water Usage

Governor’s Goal: 25 Percent Statewide Water Savings - For the first time in California’s history, urban water suppliers will soon be required to comply with new mandatory restrictions aimed at achieving a statewide 25...more

California Public Agency Officials Respond to Governor’s Drought Executive Order

While everyone in California is being asked to conserve water in response to the historic drought, public agencies will be impacted in a different way — how they conduct business....more

Two California Appellate Court Rulings Demonstrate that Groundwater Pumping Fees are in the Eye of the Beholder

One Holds that the Fee is Subject to Prop. 26 and Another that it is a Property-Related Fee Subject to Prop. 218 - Two California Appellate Court decisions handed down this month address whether or not a local water...more

California's State Water Resources Control Board Renews and Imposes Stricter Emergency Water Conservation Regulations

California’s State Water Resources Control Board approved a resolution today renewing and updating statewide emergency water conservation regulations adopted by the Board last year that were set to expire on April 25. The...more

38 Results
/
View per page
Page: of 2

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.