Opinion No. (1999)

BILL LOCKYER Attorney General ANTHONY M. SUMMERS Deputy Attorney General THE HONORABLE JIM COSTA, MEMBER OF THE CALIFORNIA STATE SENATE, has requested an opinion on the following question: May an irrigation district that charges for water on a per-acre basis regardless of usage, the amount of which was established prior to November 6, 1996, adopt a surcharge based upon the amount of water used, without complying with the notification and hearing procedures specified in section 6 of article XIII D of the Constitution? CONCLUSION An irrigation district that charges for water on a per-acre basis regardless of usage, the amount of which was established prior to November 6, 1996, may not adopt a surcharge based upon the amount of water used, without complying with the notification and hearing procedures specified in section 6 of article XIII D of the Constitution. ANALYSIS The Alta Irrigation District ("District") is an agency governed by the Irrigation District Law (Wat. Code, §§ 20500 - 29978 ). The District makes irrigation water available to landowners through a system of canals. The District has levied a per-acre charge that is collected whether or not a particular…