Can a non-owner, non-lessee water district burden the economic burden from the project?

MultiRegion, United States of America

The following excerpt is from Salyer Land Co. v. Tulare Lake Basin Water Storage Dist., 342 F. Supp. 144 (E.D. Cal. 1972):

The economic burden from district projects cannot fall on non-owner, non-lessee residents. There are no forms of non-property oriented taxes, assessments, or other means through which district costs could be spread to others. Cf. Cipriano v. City of Houma, 395 U.S. 701, 705, 89 S.Ct. 1897, 23 L.Ed.2d 647 (1969); Phoenix v. Kolodziejski, 399 U. S. 204, 209-210, 90 S.Ct. 1990, 26 L.Ed. 2d 523 (1970).

The district performs no governmental function and provides no service of direct concern to residents of the district. Cf. Phoenix v. Kolodziejski, 399 U.S. at 206, 209, 90 S.Ct. 1990, 26 L.Ed.2d 523. Its activities relate solely to the storage and distribution of water for use in farming the land.9 These functions and services would not differ at all if no one lived in the district. The district has nothing to do with furnishing police and fire protection, schools, roads, and other governmental services and facilities usually provided to residents of an area. For that reason, people who happen to reside within the physical boundaries of the district are not constituents of the officers or board of directors of the district in any real sense.

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