Legal Trend: Use Less Water, Get Charged Lower Rate? It is Unconstitutional

A California Appeals Court this week declared a tiered water fee structure unconstitutional. San Juan Captistrano charged people who used less water a lower rate than people who used more water. 

The California Constitution prohibits government agencies from charging more for a service than it costs to provide it.

The ruling may impact 2/3 of California’s water providers and will impact Governor Brown’s water use restriction declaration. Governor Brown called the ruling “a straight jacket.”

LA Times  Sacramento Bee