News & Analysis as of

Groundwater Proposition 218

Downey Brand LLP

California Supreme Court Confirms Certain Groundwater Pumping Charges are Outside Scope of Prop 218

Downey Brand LLP on

On December 4, the California Supreme Court ruled that groundwater pumping charges levied to fund a basin-wide conservation and management program were not property-related fees subject to Proposition 218. The decision, City...more

Best Best & Krieger LLP

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

Best Best & Krieger LLP on

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

Allen Matkins

Groundwater Fees in Flux Following Recent Conflicting Proposition 218 Cases

Allen Matkins on

With California in the midst of a record-breaking drought (as reported in a recent Allen Matkins legal alert, Governor Edmund G. Brown Jr. issued an Executive Order ordering mandatory actions to reduce California's water...more

Brownstein Hyatt Farber Schreck

Are Groundwater Extraction Fees Property Related or Regulatory Fees? It Depends

Two new Proposition 218-related cases published in March come to opposite conclusions in determining whether groundwater extraction and replenishment fees are “property-related” fees subject to Article XIII D of the...more

Best Best & Krieger LLP

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

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