Superior Court Judge Dismisses Challenge to Western Municipal Water District’s Water Rate Structure

Thanks to a recent ruling by Superior Court Judge Daniel A. Ottolia a legal challenge against Western Municipal Water District’s (WMWD) water rate structure has been dismissed. Two petitioners from one Riverside-area home filed a petition for a writ of mandate in April 2018 asking a Riverside County court to invalidate WMWD’s water budget rate structure.  The petitioners alleged that the water district’s rates violated Proposition 218, the 1996 statewide ballot measure that prevents water providers and other utilities from charging more for a water service than the costs incurred to provide that service.

Judge Ottolia ruled that WMWD’s budget-based rates are compliant with the state constitution, Proposition 218 and satisfy the state’s requirements that agencies implement measures to conserve California’s water resources. The ruling is a victory for the Riverside County customers who use water efficiently, conserve a limited resource and help WMWD achieve statewide water management goals.

“This is a good day for Western’s retail water customers – more than 85 percent of whom conserve water, keeping their monthly water costs as low as possible,” said Craig Miller, WMWD’s general manager. “Had Western lost this challenge, customers who proactively stay within their monthly water allocation would have seen an increase in their monthly water bill to offset the excess use of other customers.”

WMWD customers who stay within their water budgets pay the lowest rates — Tiers 1 and 2– while those who use water inefficiently, wastefully or unsustainably pay more based on higher costs of service incurred by the water district — Tiers 3 through 5. The higher rates in WMWD’s Tiers 3, 4 and 5 link directly to higher costs of service. These additional costs are not included in the rates charged in Tiers 1 and 2. Wasteful water users drive higher costs by requiring the WMWD to invest in capital improvements to expand water supplies, acquire additional more expensive water, and operate additional water efficiency programs to comply with California laws on water conservation.

Miller noted that because of WMWD’s water budgets, and the allocation of lower-cost local water supplies to indoor water use, customers will continue to pay the lowest possible rate for water used in potable water activities including drinking, cooking, bathing and indoor cleaning. WMWD currently imports 60 percent of its water through the State Water Project and buys 40 percent of its annual supply locally.