“In 1970, Joseph Sax wrote a law review article that laid the foundation for a court case that would become famous in the annals of California water.
“More than a decade after publication of Sax’s seminal essay on the public trust doctrine, the California Supreme Court ruled that the state had a duty to take into account the public trust in allocating water resources — an opinion that ultimately forced Los Angeles to reduce diversions from the Mono Lake basin in the Eastern Sierra.”
“A California court of appeal recently held that a public agency is not required to provide individual protest procedures for each customer class when proposing increases to its water service fees. The court based its decision in Morgan v. Imperial Irrigation District on Proposition 218 (California Constitution article XIII D, section 6) and the Proposition 218 Omnibus Implementation Act (Government Code section 53750 et seq.).
“Kelly Salt, a Best Best & Krieger partner based in San Diego, authored a guide specifically geared toward helping special districts in California navigate the requirements of Proposition 218. Published by the California Special Districts Association, the guide is designed to help special districts interpret and comply with the requirements of Prop. 218 when imposing any new, or increasing any existing, assessment or property-related fee or charge.”
“Water users across the state will have reason to listen when Sacramento Superior Court Judge Raymond Cadei issues his statement of decision in the consolidated case California Farm Bureau Federation vs.