Posted September 19, 2013
In a proposed decision, Sacramento County Superior
Court Judge, Raymond Cadei, said a fee charged to California water rights
holders is invalid and should not be applied or enforced, according to a
California Farm Bureau Federation (CFBF) press release, available here.
The CFBF challenged the fee as an “unconstitutional
tax” arguing that those who pay the fee have a disproportionate burden of
funding the water board’s Division of Water Rights. Judge Cadei agreed with the CFBF, stating
that “no fees are assessed against the holders of approximately 38 percent of
all water rights in California” and the fees pay more than a minimal amount
“for activities that benefit the public in general.” Judge Cadei concluded that the fees were not
fair, reasonable, nor substantially apportioned among those who paid the fee.
CFBF President Paul Wenger said, “Farmers and ranchers
are willing to pay their fair share to support programs that benefit them, but
not to shoulder the full burden of programs just because that’s a convenient
way for a government agency to support itself…We’re encouraged by the judge’s
proposed decision and will continue to seek a refund of fees that have been
improperly charged to farmers and ranchers.”
Judge Cadei also said that the water board had “erred
by charging water contractors in the Central Valley Project for the full amount
of the federal project’s water permit, rather than the proportion of that water
actually made available under CVP contracts” and that the board charged
“arbitrary” fees to other permit holders.
A hearing on the proposed decision will take place on
October 30, according to an AgAlert article, available here. Judge Cadei could affirm or modify the
decision at the hearing.
The case, California
Farm Bureau Federation v. California State Water Resources Control Board,
was consolidated with a similar case filed by the Northern California Water
Association and other plaintiffs.
