Amicus Curiae Letter in Support of Rate-Setting Case Oct 13, 2020 To: California Supreme Court Subject: In Support of Petition for Review Coachella Valley Water District v. Superior Court of the State of California for the County of Riverside (S264391) Letter excerpt: Under Rule 8.500(g) of the California Rules of Court, the Association of California Water Agencies, California Special Districts Association and California Association of Sanitation Agencies (“Supporters”) submit this letter in support of defendant and appellant Coachella Valley Water District’s (“District”) petition for review in Coachella Valley Water District v. Superior Court of the State of California for the County of Riverside from the Fourth Appellate District, Division Two, Case No. E075411 Denying Writ Review of an Order Overruling Demurrer to First Amended Complaint entered June 30, 2020 in Riverside Superior Court Case No. RIC 1904943 (the “Order”).1 This case raises an important question of statewide interest as to the standing necessary to challenge a water rate set by a public agency. The Supporters request that review be granted to settle the question of whether a plaintiff has standing to challenge rates the District imposes on those who take raw water from its canals, even though Plaintiff does not take raw water, simply because the District uses those rates as part of the calculation of the domestic water rates Plaintiff does in fact pay. The case poses the related question whether a plaintiff may challenge a rate of which he bears only the economic incidence as opposed to legal incidence. Download Comment Letter
