Californians have long recognized the need for water markets in solving the state’s frequent imbalances in supply and demand. Brownstein Hyatt Farber Schreck has consistently endeavored to knock down these barriers on behalf of our clients and water users throughout California.
On April 24, San Francisco Superior Court Judge Curtis E.A. Karnow entered a Statement of Decision on Rate Setting Challenges by the San Diego County Water Authority (SDCWA) against the Metropolitan Water District of Southern California (MWD). In the 66-page ruling, Judge Karnow addressed SDCWA’s challenges to the legality of four rates set by MWD including its “System Access Rate,” “System Power Rate,” “Water Stewardship Rate” and “Wheeling Rate” (collectively, “Rates”). He found that these Rates—charged to transport or “wheel” non-MWD water through MWD’s pipelines and facilities—are not reasonable, and violate California’s Wheeling Statute, Government Code §549997(a) and the common law.
Please see full alert below for more information.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.