North San Joaquin Water Conservation District rejects claims for groundwater charge refund

In what is believed to be a precursor to a lawsuit by opponents of a groundwater charge, the North San Joaquin Water Conservation District rejected a claim by eight property owners who requested a refund of their groundwater charge payment for the past two years.

Dale Carver, who requested a $21.40 refund for the 2007-08 and 2008-09 fiscal years, said after the brief meeting Tuesday morning that he expects the claimants to eventually file a lawsuit.The eight property owners are requesting a combined $4,400-plus in refunds.

The claims had identical wording, saying that North San Joaquin's groundwater charge for property owners with wells on their property was "invalid and illegally assessed and collected."

North San Joaquin levied the groundwater charge for two years on a varying fee schedule based on size and use of the property. The charge ranges from $21.40 per parcel for rural residential property, $6.42 per acre for vineyards, $11.98 per acre for orchards and $17.12 per acre for irrigated pasture land and golf courses.

The city of Lodi was assessed a flat $200,000 for its wells, so property owners within the city limits weren't billed.

The Lockeford Community Services District was billed a flat $11,000 to cover water use for the property owners within the Lockeford district. However, the Community Services District board voted in August to rescind a previous agreement to pay the North San Joaquin charge.

The water serves an area that roughly includes the city of Lodi east of Ham Lane, plus Acampo, Victor, Lockeford and Clements.

At a special meeting Tuesday morning at the Lodi Public Library, the North San Joaquin board voted 3-0 to reject the claims. Board members Bryan Pilkington, who is one of the claimants, and Joe Mehrten were absent.

The board's rejection triggers a six-month statute of limitations in which the claimants can sue the North San Joaquin district, according to Karna Harrigfeld, attorney for the district.

Meanwhile, the 3rd District Court of Appeals ruling is pending in Sacramento, where the Howard Jarvis Taxpayers Association has appealed a ruling by San Joaquin County Superior Court Judge Elizabeth Humphreys that North San Joaquin acted properly in assessing the groundwater charge.

Howard Jarvis, representing Pilkington, questions whether voter approval was required before North San Joaquin approved its groundwater charge in 2007.

Also being appealed is a ruling that it is legal to charge non-agricultural parcels five times more than farm land.

Saying that he opposes taxes as much as the next person, North San Joaquin board member John Ferreira was critical of groundwater charge opponents because the revenue is needed to provide infrastructure to pump water out of the Mokelumne River and transport it to property owners throughout the district.

"It's a very malicious attack of what we're trying to do," Ferreira said of opponents' refund demands and legal actions taken in the past two years.

Contact reporter Ross Farrow at rossf@lodinews.com.

Refund claims filed

The following claims for a refund of groundwater charge payments were submitted to the North San Joaquin Water Conservation District:

— Bryan Pilkington, Lockeford — Two parcels, one with a $21.40 charge and one for $256.80.
— Elias Tavarez, Acampo: $353.61.
— Dale Carver, Lodi: $21.40.
— Morgan and Lenora Rutledge, Rutledge Ranch, Woodbridge: $641.17.
— Otto Nietschke, Lodi: Amount of claim left blank.
— Roberto Martinez, Lodi: Zero dollars.
— Mellor Farms, Linden: $3,069.92.
— Oscar Goehring, Lodi: $50.

Each of the property owners also request that the water district pay them interest, expenses and attorney fees.

Source: North San Joaquin Water Conservation District

Town hall meeting on Measure V repeal measure

The North San Joaquin Water Conservation District, which has placed a measure on the 2010 ballot that would repeal Measure V, will have the first of three town hall meetings on the measure at 6:30 p.m. Nov. 17 at Burgundy Hall on the Lodi Grape Festival Grounds.

Source: North San Joaquin Water Conservation District

Reader Feedback

sewerat wrote on Oct 21, 2009 10:40 AM:

" Mr. Ferreira exhibits typical government mentality. Even if the tax is illegal we will take your money anyway because we know more then you simple minded taxpayers. With a little more time on the NSJWCD Board Mr. Ferreira would fit right in with Reid, Pelosi and the other rift raft in DC. "

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