Sdcwa

Rincon Del Diablo Municipal Water District v. San Diego County Water Authority

Good Law
121 Cal. App. 4th 813·17 Cal. Rptr. 3d 666·2004 Cal. App. LEXIS 1353·2004 Daily Journal DAR 10180·2004 Cal. Daily Op. Serv. 7586
Court of Appeal of CaliforniaJuly 21, 2004D042529California4,121 words

Opinion

Opinion

O'Rourke, J.

Rincon Del Diablo Municipal Water District, Vallecitos Water District, Valley Center Municipal Water District, Vista Irrigation District and Yuima Municipal Water District (collectively the Northern, Districts) sued the San Diego County Water Authority (SDCWA) and all other interested persons to invalidate the portion of SDCWA’s Ordinance No. 2002-03 (the Ordinance) setting the transportation rate, a component of the water rate. After the parties each filed summary judgment motions, the court granted summary judgment in favor of SDCWA. The Northern Districts appeal, contending; (1) the capital portion of the transportation rate (capital portion) is a capacity charge as defined by Government Code section 66013 ; and (2) the capital portion violates section 66013 because it is not reasonable. We affirm.

FACTUAL AND PROCEDURAL HISTORY

SDCWA is an independent public agency operating under the authority of the County Water Authority Act. (Wat. Code, App., ch. 45.) It provides wholesale water service to 23 member agencies, including the Northern Districts. SDCWA purchases all the water it provides from the Metropolitan Water District of Southern California (MWD). That water…

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