Lawsuit Served to City Regarding Water Rates; City Responds

The Davis Vanguard broke the news Thursday that the city has been served an amended water-rate lawsuit that was filed in late January by the Yolo Ratepayers for Affordable Public Utility Services. According to the Vanguard: 

In addition to the previous contention that the Prop. 218 process was unconstitutional under the provision's proportionality clause, and the continued charge that the city has failed to pay for its own water use, the suit claims that in May of 2008, when the city established wastewater rates based on a "winter water usage" calculation, the rates established were "not rationally related to the amount of wastewater used by a particular property owner."

The City offered a response to the suit Thursday afternoon. Share your thoughts below: 

The City has been informed that on March 29, 2013, the Yolo Ratepayers for Affordable Public Utility Services filed an amended complaint, again challenging the city’s water rates, and now the City’s sewer rates.

The City firmly believes the water and sewer rates are legally valid and the lawsuit is without merit. This is based on legal analysis by state-wide experts on rate structure legalities.

The City has been working on water service delivery options for more than 20 years. The Surface Water Project and the water rates were determined and approved by the citizen- based Water Advisory Committee.

The citizens asked for a binding vote on the Surface Water Project. On March 5th, Measure I was approved authorizing the City to move forward on the project. In addition, the water rates were approved by the City Council on April 9th after the legally required Proposition 218 process resulted in less than 11% of the ratepayers protesting.

It is unfortunate that the Yolo Ratepayers for Affordable Public Utility Services group are not satisfied with the outcome of the Measure I election. Based on the Measure I vote, the City has a duty to move forward and meet the City’s future water needs. The City will vigilantly defend itself and the rate payers against this lawsuit. Regretfully, the Davis ratepayers will bear the cost of defending this lawsuit.

The City is required to meet California water quality standards and obligated to provide a clean sustainable water supply for its citizens. The newly approved water rates will go into effect May 1, 2013.