ELR Citation: ELR 20147
No(s). H027817 (Cal. App. 6th Dist. Jul 26, 2006)

An appellate court upholds a local water agency ordinance that increases the groundwater augmentation fee to be charged to operators of wells within its jurisdiction. None of the agency board members voting for the augmentation charge had a disqualifying financial interest in approving the ordinance. In addition, the augmentation charge does not amount to a property tax or a property assessment. Nor is it incidental to property ownership. Rather, the charge is based on consumption. Thus, the court rejects claims that the ordinance violates state constitutional provisions limiting the power of local entities to impose property taxes, assessments, and property-related charges.