Great Oaks Water Co. v. Santa Clara Valley Water D
Plaintiff Great Oaks Water Company (Great Oaks), a water retailer, brought this action challenging groundwater charges imposed on water it extracts from wells on its property. The power to impose such charges is vested in defendant Santa Clara Valley Water District (District), under the Santa Clara Valley Water District Act (District Act or Act) (West’s Ann. Wat.—Appen. (1999 ed.) ch. 60, p. 354 et seq., West’s Ann. Wat.—Appen. (2017 supp.) ch. 60, p. 11 et seq.). Among the District’s major responsibilities is preventing depletion of the aquifers from which Great Oaks extracts the water it sells. The trial court awarded a complete refund of the charges paid by Great Oaks, or in the alternative a partial refund, on the grounds that the charge violated the provisions of both article XIII D of the California Constitution (article XIII D) and the District Act. Article XIII D imposes procedural and substantive constraints on fees and charges imposed by local public entities.
Comments on Great Oaks Water Co. v. Santa Clara Valley Water D