Keller v. Chowchilla Water Dist

In Keller v. Chowchilla Water Dist. (2000) 80 Cal. App. 4th 1006, it was alleged that a water standby charge was in violation of Proposition 218, in particular, article XIII D, which provides that "standby charges" whether characterized as charges or assessments, must be voted on by owners of parcels to be assessed. Excluded from this requirement were assessments "imposed exclusively to finance the capital costs or maintenance and operation expenses for . . . water." (Cal. Const., art. XIII D, 5, subd. (a).) The property owners prevailed in the trial court, but the district appealed. On appeal, the court concluded that the standby charge fell within the exceptions of section 5, subdivision (a), and that a vote was not necessary.