Capistrano Taxpayers Assn. v. City of San Juan Capistrano (S226906)
CSAC is seeking depublication of this opinion out of the Fourth
Appellate District, which held that a tiered water rate, even if
designed to address water conservation, is unconstitutional if it
is unsupported by an actual cost of service calculation for each
tier. CSAC’s depublication request, filed jointly with the
League of California Cities and the Association of California
Water Agencies, argues that the opinion fails to harmonize the
constitutional duty to conserve water with the tax and fee
restrictions in Proposition 218, and misconstrues the definition
of “water service.”