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Ruling in Santa Clara Valley Water District groundwater fee lawsuit could trigger refunds to other water retailers as well

Posted by: Aqua Blog Maven on November 20, 2009 at 7:34 am

From the Gilroy Dispatch:

“The city of Morgan Hill joins other local water retailers and property owners in awaiting the ruling in a lawsuit that could award up to $4.6 million in refunded groundwater charges levied by the Santa Clara Valley Water District.

Although only one party, Great Oaks Water Co., would be eligible for such a refund at first, a ruling entitling the well owner to a full refund of illegally collected groundwater charges could pave the way for others to file similar claims.

“We have objected in the past to the groundwater fee process precisely because it does not comply with Prop. 218,” said Morgan Hill City Manager Ed Tewes. “We are anxiously awaiting (the judge’s order), and we will decide our course of action.”

Santa Clara County Superior Court Judge Kevin Murphy is expected to announce his ruling in the coming days, following four days of testimony and arguments in the remedial phase of the case filed by Great Oaks. … “

Read more from the Gilroy Dispatch by clicking here.

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