Bighorn-Desert View Water Agency v. Verjil

Summary

The California Supreme Court held that article XIII C, section 3 of the California Constitution authorizes local voter initiatives to reduce or repeal a public water agency's water delivery rates and charges. The provision does not authorize an initiative requiring voter approval for future increases in water charges or the imposition of new charges. Because the proposed initiative combined authorized rate reductions with an unauthorized voter-approval requirement, it was properly withheld from the ballot.

Holdings

1. Article XIII C, section 3 authorizes local voters to use the initiative power to reduce or repeal a public water agency's ongoing water rates and other water delivery charges.
2. Both consumption-based water rates and fixed monthly water delivery charges are fees or charges within the meaning of article XIII C, section 3.
3. Article XIII C, section 3 does not authorize an initiative to require voter approval before a public water agency increases existing water delivery charges or imposes new charges. The initiative was therefore invalid in that respect.
4. Because a significant part of the initiative was invalid, the entire measure could not be submitted to the voters.

Questions Presented

1. Whether article XIII C, section 3 of the California Constitution authorizes local voters to use the initiative power to reduce a public water agency's ongoing water delivery rates and charges.
2. Whether consumption-based and fixed monthly charges for ongoing domestic water delivery are fees or charges within the meaning of article XIII C, section 3.
3. Whether article XIII C, section 3 authorizes an initiative requiring voter approval before a water agency may increase existing water charges or impose new charges.
4. Whether the initiative could be submitted to voters even though one significant provision was invalid.

Disposition

affirmed