Hollister
– The California Farm Bureau Federation and state water agencies
claimed victory this week in a four-year battle against what was
judged to be an unconstitutional state water rights fee levied on
farmers throughout the state, including many in San Benito
County.
Hollister – The California Farm Bureau Federation and state water agencies claimed victory this week in a four-year battle against what was judged to be an unconstitutional state water rights fee levied on farmers throughout the state, including many in San Benito County.
For south San Benito County cattle rancher and vineyard grower Betty Sans, the appellate court’s ruling against the fee brings relief. Sans said she paid the first of three annual $100 fees in 2004. She said the bill for the fee came from the State Board of Equalization and was accompanied by little explanation.
“It doesn’t say where (the money) goes for or anything,” Sans said. “A fee for what? We have water on the property that comes with the property.”
The 3rd District Court of Appeal in Sacramento ruled the fee, set by the State Water Resources Control Board, to be unconstitutional Wednesday. The court also ruled that the more than $20 million collected state-wide from farmers be re-funded to water rights holders within 180 days, ac-cording to the CFBF.
Sans said she expects to get back the $300 she paid.
The board imposed a yearly fee of three cents per acre foot of water with a $100 minimum, according to the CFBF. Those subject to the fee were all post-1914 water rights permit and license holders, according to the CFBF. Of the 7,000 farms forced to pay the fee statewide, 14 operated in San Benito County.
Carl Borden, CFBF associate counsel, said the California State Legislature passed SB 1049 in 2003 authorizing the State Water Resources Control Board to impose the fee for its Division of Water Rights.
“They had been using the amounts from the fee payers for activities not related to fee payers’ ownership of water rights,” he said.
Borden said the passage of the bill was the Legislature’s attempt to fully fund all of the board’s activities. He said that even if a water rights holder like Sans had only been using one acre-foot of water, or three cents’ worth, she would be charged $100 annually.
Borden said one of the main issues with the fee was that it placed an unfair burden on those water rights holders.
Sans said she is glad that burden has been lifted.
“I think what needs to be emphasized from this is watch what comes in the mail,” Sans said. “And beware of these hidden taxes.”
Michael Van Cassell covers public safety for the Free Lance. He can be reached at 831-637-5566 or [email protected].
