BB&K In the News Mar 17, 2015

Legal Options for Water Providers in Times of Drought

BB&K Partner Kelly Salt Discusses at a Workshop, as Reported by Maven's Notebook, the Laws That Are of Concern to Water Agencies and Localities as They Consider Financial Impacts During the Drought

As the State Water Resources Control Board considers adopting a stronger regulation for urban water conservation, water agencies and localities are going to need all the tools in the toolbox to deal with customer demand. So what are the legal options available?

Attorney Kelly Salt, a partner with the law firm Best Best & Krieger, is experienced in assisting cities and water districts with utility rates and fees, including reviewing utility rate and fee studies, preparation of notices of public hearings, and establishing new and increased taxes, assessments, fees and charges.  At the 2015 NWRI Drought Response Workshop, Ms. Salt gave a presentation on the legal tools available in the state constitution and water code that are of concern to water agencies and localities as they consider rate changes, water conservation programs, and fines and penalties.

“The preeminent law that governs us all when it comes to water use is Article 10, Section 2, simply stated, says that the constitution requires that the water resources of the state shall be protected, and unreasonable water use prevented,” Kelly Salt began.  That amendment was adopted in 1928, but there are other provisions that govern water use, she said.



To read the full article in Maven’s Notebook, which ran March 17, 2015, click here.

Continue Reading