A California appeals court has ruled a tiered-water rate in San Juan Capistrano, CA is unconstitutional. Like many communities, San Juan charged an increasing rate for users who used greater amounts of water. The residents passed a law saying the government can not charge more for a service than the cost of that service. Using that law as a basis, the residents claimed the tiered-rate system was arbitrary and unfair. The courts agreed.
Does this mean the end of tiered-rate practices in California? That would be a very bad thing. The idea behind a tiered-rate is to have affordable water for low-income families but to discourage the waste of water. As we all know, California cannot afford to waste water anymore. And, yet, that is exactly what some people are doing. Despite the drought, people are failing to conserve water. In other words, they are wasting water the community can't afford to waste simply because they can.
If this ruling sticks and spreads throughout the state, it will have a serious impact on an already serious situation.
Good luck, California.
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