Public Water Agencies Group v. Consolidated Fire Protection District

Opinion

ACKERMAN, J.* Appellants and respondents both sought declaratory relief concerning their respective rights and obligations under Government Code section 53069.9. Appellants provide fire protection for the County of Los Angeles; respondents supply water to residents of the County of Los Angeles, including appellants. Prior to 1980, appellants and respondents had regularly entered into written agreements concerning the furnishing of water by respondents and the payment therefor by appellants. After Government Code section 53069.9 was amended, effective January 1, 1980, appellants refused to enter into any further agreements. A controversy arose between the parties concerning whether, under the section as amended, respondents were obligated to provide water to appellants free of charge. We have concluded that the trial court properly ruled in favor of respondents.

[698]I

We are called upon to determine the effect of the 1977 and 1979 amendments to Government Code section 53069.9 with respect to: (1) a holding in Arcade County Water Dist. v. Arcade Fire Dist. (1970) 6 Cal.App.3d 232 [85 Cal.Rptr. 737], and (2) whether the amendments changed the law to require that free water be provided for fire protection in the absence of an agreement.

Government Code section 53069.9, as amended in 1979, provides in pertinent part as follows: “(a) Any public agency providing water for fire protection purposes may, by ordinance or resolution, fix and collect a charge to pay the costs of fire protection services for operation, installation, capital, maintenance, repair, alteration, or replacement of facilities and equipment.

“Except as provided in subdivision (b), any such charge fixed pursuant to this section, may be made on all land within the public agency to which water is made available for fire protection purposes. . . .

“(b)(1) A public agency providing water for fire protection purposes shall not charge, levy, assess, fix, or collect any charge, tax, fee, rate, assessment, or levy of any kind whatsoever in connection with its water system on or from any entity providing fire protection service to others for supplying water for such fire protection purposes within the service area of such entity providing fire protection service . . . except pursuant to a written agreement with such entity providing fire protection service.