Sonoma County in California is proposing to require installation of a meter by a professional, requiring a permit for this work, and then fees for monitoring the usage as well as charging for the usage... isn't the aquafer similar to minerals, if you own the property, you own the rights to it? is this really legal for them to do? is this constitutional? in the area I have concern, a City may be responsible for contamination to wells in the vicinity also. Any real help would be wonderful.
I will be writing to the area Representatives as well as the Board on this matter and would like to have input.
2007-01-08 04:37:37 · 3 answers · asked by bilko_ca 5 in Politics & Government ➔ Law & Ethics
Assuming that your deed includes water rights (it may not) in Allegretti & Co. v. County of Imperial (2006) 138 Cal. App. 4th 1261, the Court of Appeal found (very briefly) that the county could permissibly regulate the amount of water a landowner could take from the groundwater under his land. If the government can totally restrict access to a portion of the water, I think it will be found that they can tax it instead.
2007-01-09 10:03:16 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Good luck. Unfortunately, water law is VERY VERY different since it moves--downhill and under the ground (compared to minerals, which pretty much stay put). There are often water boards that are set up to monitor and control the water in a particular district, and this would _probably_ be a valid exercise of state police power.
Interesting idea re: constitutionality (deprivation of property without compensation), but I dunno. Could the government tell you "you can't use more than 100 gallons of water per day on this property, or we'll tax a "use tax" at a rate of $2.00 per gallon"? More than likely as an exercise of police power (if they have good cause, like a water shortage)
But I would talk to a local water lawyer-- and certainly political lobbying is a great way to go--maybe it's not illegal, but it sure seems wrong!
2007-01-08 12:49:54 · answer #2 · answered by Perdendosi 7 · 0⤊ 0⤋
Check out the State laws. Google Calif. Statues. The information will be there.
The county law can not supercede the State Statutes. If the State says the water is yours then file on the county for trespassing if they come on your property.
2007-01-08 12:47:28 · answer #3 · answered by Anonymous · 0⤊ 1⤋