<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	xmlns:georss="http://www.georss.org/georss" xmlns:geo="http://www.w3.org/2003/01/geo/wgs84_pos#" xmlns:media="http://search.yahoo.com/mrss/"
		>
<channel>
	<title>Comments for PrivateWaterLaw Blog</title>
	<atom:link href="http://privatewaterlaw.com/comments/feed/" rel="self" type="application/rss+xml" />
	<link>http://privatewaterlaw.com</link>
	<description>A blog about water law and public policy</description>
	<lastBuildDate>Mon, 30 Jan 2012 19:39:45 +0000</lastBuildDate>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
	<generator>http://wordpress.com/</generator>
	<item>
		<title>Comment on California Mutual Water Company Basics by Wes Strickland</title>
		<link>http://privatewaterlaw.com/2011/02/18/california-mutual-water-company-basics/#comment-332</link>
		<dc:creator><![CDATA[Wes Strickland]]></dc:creator>
		<pubDate>Mon, 30 Jan 2012 19:39:45 +0000</pubDate>
		<guid isPermaLink="false">http://privatewaterlaw.com/?p=487#comment-332</guid>
		<description><![CDATA[California Corporations Code § 14303 provides that a mutual water company may levy an assessment against its shares, and that if the shares become delinquent in their payment, the mutual company may take any or all of the following actions: (1) deny the delivery of water; (2) sell or transfer the shares to another person; (3) cause the shares to be forfeited to the company. There is not a statutory right to file a lien against the shareholder&#039;s lands, but such a right can be included in the articles of incorporation or bylaws of a mutual, as you suggest.]]></description>
		<content:encoded><![CDATA[<p>California Corporations Code § 14303 provides that a mutual water company may levy an assessment against its shares, and that if the shares become delinquent in their payment, the mutual company may take any or all of the following actions: (1) deny the delivery of water; (2) sell or transfer the shares to another person; (3) cause the shares to be forfeited to the company. There is not a statutory right to file a lien against the shareholder&#8217;s lands, but such a right can be included in the articles of incorporation or bylaws of a mutual, as you suggest.</p>
]]></content:encoded>
	</item>
	<item>
		<title>Comment on California Mutual Water Company Basics by Andrew Reid</title>
		<link>http://privatewaterlaw.com/2011/02/18/california-mutual-water-company-basics/#comment-331</link>
		<dc:creator><![CDATA[Andrew Reid]]></dc:creator>
		<pubDate>Mon, 30 Jan 2012 17:52:36 +0000</pubDate>
		<guid isPermaLink="false">http://privatewaterlaw.com/?p=487#comment-331</guid>
		<description><![CDATA[I was told that mutual water companies have the statutory right to file a lien against their members for nonpayment of water debt. However I am not aware of such a law, although I suspect the the company&#039;s own bylaws will assert such a right. Are you aware of any such law or regulation? 

Thank you!]]></description>
		<content:encoded><![CDATA[<p>I was told that mutual water companies have the statutory right to file a lien against their members for nonpayment of water debt. However I am not aware of such a law, although I suspect the the company&#8217;s own bylaws will assert such a right. Are you aware of any such law or regulation? </p>
<p>Thank you!</p>
]]></content:encoded>
	</item>
	<item>
		<title>Comment on California Mutual Water Company Basics by Wes Strickland</title>
		<link>http://privatewaterlaw.com/2011/02/18/california-mutual-water-company-basics/#comment-326</link>
		<dc:creator><![CDATA[Wes Strickland]]></dc:creator>
		<pubDate>Sat, 21 Jan 2012 01:45:02 +0000</pubDate>
		<guid isPermaLink="false">http://privatewaterlaw.com/?p=487#comment-326</guid>
		<description><![CDATA[The rules governing wholesale water sales, which are normally referred to as water transfers in California, depend on the type of water rights that are the basis for the transfer, as well as the way in which water will be made available and the proposed new use. The most simple transfers perhaps are of post-1914 appropriative rights, which are governed by California Water Code sections 1725 (for one year or less) or 1735 (for longer than one year). There are a number of court and State Water Resources Control Board decisions that interpret those provisions and provide guidance on some issues that may arise. The rules are slightly different for pre-1914 appropriations of surface water or for groundwater sources. The main rule applicable to transfers is called the &quot;no injury rule,&quot; although it applies in different ways to various types of transfers. There are additional restrictions based on environmental laws, and complications may arise based on the use of water conveyance facilities.  If you have specific questions about your rights, feel free to contact me directly.

Wes]]></description>
		<content:encoded><![CDATA[<p>The rules governing wholesale water sales, which are normally referred to as water transfers in California, depend on the type of water rights that are the basis for the transfer, as well as the way in which water will be made available and the proposed new use. The most simple transfers perhaps are of post-1914 appropriative rights, which are governed by California Water Code sections 1725 (for one year or less) or 1735 (for longer than one year). There are a number of court and State Water Resources Control Board decisions that interpret those provisions and provide guidance on some issues that may arise. The rules are slightly different for pre-1914 appropriations of surface water or for groundwater sources. The main rule applicable to transfers is called the &#8220;no injury rule,&#8221; although it applies in different ways to various types of transfers. There are additional restrictions based on environmental laws, and complications may arise based on the use of water conveyance facilities.  If you have specific questions about your rights, feel free to contact me directly.</p>
<p>Wes</p>
]]></content:encoded>
	</item>
	<item>
		<title>Comment on California Mutual Water Company Basics by Tosha</title>
		<link>http://privatewaterlaw.com/2011/02/18/california-mutual-water-company-basics/#comment-325</link>
		<dc:creator><![CDATA[Tosha]]></dc:creator>
		<pubDate>Fri, 20 Jan 2012 11:11:04 +0000</pubDate>
		<guid isPermaLink="false">http://privatewaterlaw.com/?p=487#comment-325</guid>
		<description><![CDATA[I have been searching for any specific rules and regulations, laws and permits  needed for land owners who have the potential to sell water wholesale..]]></description>
		<content:encoded><![CDATA[<p>I have been searching for any specific rules and regulations, laws and permits  needed for land owners who have the potential to sell water wholesale..</p>
]]></content:encoded>
	</item>
	<item>
		<title>Comment on Water Conservation and Rate Impacts: The Example of Penngrove Water Company by Wes Strickland</title>
		<link>http://privatewaterlaw.com/2010/03/17/water-conservation-and-rate-impacts-the-example-of-penngrove-water-company/#comment-317</link>
		<dc:creator><![CDATA[Wes Strickland]]></dc:creator>
		<pubDate>Sat, 31 Dec 2011 12:57:34 +0000</pubDate>
		<guid isPermaLink="false">http://privatewaterlaw.com/?p=171#comment-317</guid>
		<description><![CDATA[Kevin, the issues you raise don&#039;t really go to the value of private water utilities. Government-owned utilities face the same lack of control over their costs versus the amount of water delivered. Customers of government-owned utilities across the country are complaining about the same thing.

As far as low-cost loans or other tax subsidies, I think the best observation is about how the government creates rules to favor its own proprietary operations and disfavor competition from the private sector. It&#039;s a cautionary tale about the perils of government power. In fact, despite the (sometimes) lower cost of capital for government-owned utilities, on average private utilities have rates that are comparable to government-owned utilities due to greater efficiencies in other, non-cost of capital aspects of their operations. Of course, every utility has different rates based of their varying costs and size efficiencies.

Wes]]></description>
		<content:encoded><![CDATA[<p>Kevin, the issues you raise don&#8217;t really go to the value of private water utilities. Government-owned utilities face the same lack of control over their costs versus the amount of water delivered. Customers of government-owned utilities across the country are complaining about the same thing.</p>
<p>As far as low-cost loans or other tax subsidies, I think the best observation is about how the government creates rules to favor its own proprietary operations and disfavor competition from the private sector. It&#8217;s a cautionary tale about the perils of government power. In fact, despite the (sometimes) lower cost of capital for government-owned utilities, on average private utilities have rates that are comparable to government-owned utilities due to greater efficiencies in other, non-cost of capital aspects of their operations. Of course, every utility has different rates based of their varying costs and size efficiencies.</p>
<p>Wes</p>
]]></content:encoded>
	</item>
	<item>
		<title>Comment on Water Conservation and Rate Impacts: The Example of Penngrove Water Company by Kevin</title>
		<link>http://privatewaterlaw.com/2010/03/17/water-conservation-and-rate-impacts-the-example-of-penngrove-water-company/#comment-314</link>
		<dc:creator><![CDATA[Kevin]]></dc:creator>
		<pubDate>Sat, 24 Dec 2011 18:16:21 +0000</pubDate>
		<guid isPermaLink="false">http://privatewaterlaw.com/?p=171#comment-314</guid>
		<description><![CDATA[Wes, thanks for your timely reply.  It appears that perhaps it is time to reconsider the benefits of privitization of public utilities, given the uncertainties of subjecting a basic service to market forces while attempting to conserve scarce resources, particularly when that industry does not have access to low-cost loans, and no ability to adapt practices to flucuating demand for its product.]]></description>
		<content:encoded><![CDATA[<p>Wes, thanks for your timely reply.  It appears that perhaps it is time to reconsider the benefits of privitization of public utilities, given the uncertainties of subjecting a basic service to market forces while attempting to conserve scarce resources, particularly when that industry does not have access to low-cost loans, and no ability to adapt practices to flucuating demand for its product.</p>
]]></content:encoded>
	</item>
	<item>
		<title>Comment on Water Conservation and Rate Impacts: The Example of Penngrove Water Company by Wes Strickland</title>
		<link>http://privatewaterlaw.com/2010/03/17/water-conservation-and-rate-impacts-the-example-of-penngrove-water-company/#comment-309</link>
		<dc:creator><![CDATA[Wes Strickland]]></dc:creator>
		<pubDate>Wed, 21 Dec 2011 01:37:47 +0000</pubDate>
		<guid isPermaLink="false">http://privatewaterlaw.com/?p=171#comment-309</guid>
		<description><![CDATA[Kevin,

Yes, I still actively maintain the blog although the post you found is older.

The issue of reduced utility revenues based on water conservation continues to cause rate increases across the country. The general reason is that water utility service is a very capital-intensive enterprise. In fact, it requires more capital expenditure per dollar of revenue than any other utility business, roughly $10 to $15 of capital expenditure per $1 of revenue. Thus, capital recovery is stretched out over long periods of time, fixed costs represent a significant percentage of total utility costs, and the revenue required for a utility to cover its capital costs does not vary by the amount of water used. For example, if a water utility needs to replace an aging pipe, the capital cost of that pipe will be the same regardless of the amount of water flowing through the pipe. While a utility will build the pipe based on projected water usage, it is impossible to be completely accurate, and it generally makes sense to build infrastructure with a view to future as well as current demands, to avoid having to dig up and replace the pipe a few years later at great expense. Water usage has generally declined across the US in the past 3-4 years based on the intersection of dry conditions and the stagnant economy.

It is important to keep in mind that what is kept constant is the amount of revenue required by the utility for its operations. The utility can collect the same amount of revenue by charging a higher rate on less water, or a lower rate on more water. An increase in water rates under those circumstances will not necessarily result in an increase in overall utility bills. For example, assume that a water utility collects $25.00 from an average customer for 25 units of water, or $1.00 per unit. If customers on average reduce their usage to 20 units, then the utility would need to charge $1.25 to generate the same revenue as before. An average customer would still pay $25.00, however, so the financial burden would not have increased. What does happen is that customers who conserve more than average will pay less than before, while customers who conserve less than average will pay more. This is in line with the concept of using pricing to encourage conservation, but in practice it is difficult to accurately predict exactly how much water will be conserved at a given rate. Utilities try to make the pricing as close as possible, but adjustments are almost inevitably needed. It is, of course, understandable for customers to be frustrated by the adjustment process.

In the current economic situation, many utilities (both investor- and government-owned) have attempted to undertake reasonable austerity measures, but there are limitations based on manpower needs, regulatory requirements for drinking water safety and environmental protection, and union contracts. In some cases, water utilities have sought to take austerity measures that were disapproved by the state public service commission. I do not know about the specifics of the United Water rates you reference so cannot comment there. One issue that investor-owned utilities face is that some states do not allow them to receive State Revolving Fund (SRF) loans or other financial assistance. That is unfortunate, since use of SRF funds directly benefits customers, and the customers of investor-owned utilities pay federal and state taxes that fund the SRF program on an equal basis with the customers of government-owned utilities. In addition, the federal government significantly subsidizes government-owned utilities through the tax exemption on local government debt. Ending these inequalities would go a long way to helping customers of investor-owned utilities such as United Water. In the long-term, I would not expect SRF or other federal subsidies to be available to any water utilities, as financial pressures increase on the federal budget related to the systemic deficit.

Wes]]></description>
		<content:encoded><![CDATA[<p>Kevin,</p>
<p>Yes, I still actively maintain the blog although the post you found is older.</p>
<p>The issue of reduced utility revenues based on water conservation continues to cause rate increases across the country. The general reason is that water utility service is a very capital-intensive enterprise. In fact, it requires more capital expenditure per dollar of revenue than any other utility business, roughly $10 to $15 of capital expenditure per $1 of revenue. Thus, capital recovery is stretched out over long periods of time, fixed costs represent a significant percentage of total utility costs, and the revenue required for a utility to cover its capital costs does not vary by the amount of water used. For example, if a water utility needs to replace an aging pipe, the capital cost of that pipe will be the same regardless of the amount of water flowing through the pipe. While a utility will build the pipe based on projected water usage, it is impossible to be completely accurate, and it generally makes sense to build infrastructure with a view to future as well as current demands, to avoid having to dig up and replace the pipe a few years later at great expense. Water usage has generally declined across the US in the past 3-4 years based on the intersection of dry conditions and the stagnant economy.</p>
<p>It is important to keep in mind that what is kept constant is the amount of revenue required by the utility for its operations. The utility can collect the same amount of revenue by charging a higher rate on less water, or a lower rate on more water. An increase in water rates under those circumstances will not necessarily result in an increase in overall utility bills. For example, assume that a water utility collects $25.00 from an average customer for 25 units of water, or $1.00 per unit. If customers on average reduce their usage to 20 units, then the utility would need to charge $1.25 to generate the same revenue as before. An average customer would still pay $25.00, however, so the financial burden would not have increased. What does happen is that customers who conserve more than average will pay less than before, while customers who conserve less than average will pay more. This is in line with the concept of using pricing to encourage conservation, but in practice it is difficult to accurately predict exactly how much water will be conserved at a given rate. Utilities try to make the pricing as close as possible, but adjustments are almost inevitably needed. It is, of course, understandable for customers to be frustrated by the adjustment process.</p>
<p>In the current economic situation, many utilities (both investor- and government-owned) have attempted to undertake reasonable austerity measures, but there are limitations based on manpower needs, regulatory requirements for drinking water safety and environmental protection, and union contracts. In some cases, water utilities have sought to take austerity measures that were disapproved by the state public service commission. I do not know about the specifics of the United Water rates you reference so cannot comment there. One issue that investor-owned utilities face is that some states do not allow them to receive State Revolving Fund (SRF) loans or other financial assistance. That is unfortunate, since use of SRF funds directly benefits customers, and the customers of investor-owned utilities pay federal and state taxes that fund the SRF program on an equal basis with the customers of government-owned utilities. In addition, the federal government significantly subsidizes government-owned utilities through the tax exemption on local government debt. Ending these inequalities would go a long way to helping customers of investor-owned utilities such as United Water. In the long-term, I would not expect SRF or other federal subsidies to be available to any water utilities, as financial pressures increase on the federal budget related to the systemic deficit.</p>
<p>Wes</p>
]]></content:encoded>
	</item>
	<item>
		<title>Comment on Water Conservation and Rate Impacts: The Example of Penngrove Water Company by Kevin McNeill</title>
		<link>http://privatewaterlaw.com/2010/03/17/water-conservation-and-rate-impacts-the-example-of-penngrove-water-company/#comment-306</link>
		<dc:creator><![CDATA[Kevin McNeill]]></dc:creator>
		<pubDate>Mon, 19 Dec 2011 18:21:11 +0000</pubDate>
		<guid isPermaLink="false">http://privatewaterlaw.com/?p=171#comment-306</guid>
		<description><![CDATA[I don&#039;t know if anyone is still monitoring this site as I notice the posts are some 18 months old, but this situation is very relevant to us in Boise, Idaho at the moment. 

We have a public hearing coming up on United Water&#039;s proposal to raise water rates 20% due to decreased income based on successful ratepayer conservation efforts. This has created quite a stir, particularly in these difficult economic times. 

Perhaps you can comment on why Utility costs do not decrease in accordance with reduced demand for product, as is common in industry. A drop in consumer demand for water should be accompanied by a corresponding decrease in O&amp;M costs (less pumping, less chemicals, less sludge for disposal, less maintenance, reduced fuel for vehicle fleet etc). 

It would also be interesting to know austerity measures Ultility Companies employ to reduce their costs in such situations, e.g. decreasing overtime costs, mothballing underused facilities (such as unit treatment processes), reduced travel and training costs etc.

Since it appears a main driving force for higher rates is to maintain a high credit rating and an attractive rate of return for Utility bonds for funding capital-intensive projects, why don&#039;t water companies take advantage of low-interest State Revolving Funds loan for capital projects?? and create attentuated capital replacement/repair accounts?

Thank you for your consideration, and I look forward to hearing from you.

Kevin]]></description>
		<content:encoded><![CDATA[<p>I don&#8217;t know if anyone is still monitoring this site as I notice the posts are some 18 months old, but this situation is very relevant to us in Boise, Idaho at the moment. </p>
<p>We have a public hearing coming up on United Water&#8217;s proposal to raise water rates 20% due to decreased income based on successful ratepayer conservation efforts. This has created quite a stir, particularly in these difficult economic times. </p>
<p>Perhaps you can comment on why Utility costs do not decrease in accordance with reduced demand for product, as is common in industry. A drop in consumer demand for water should be accompanied by a corresponding decrease in O&amp;M costs (less pumping, less chemicals, less sludge for disposal, less maintenance, reduced fuel for vehicle fleet etc). </p>
<p>It would also be interesting to know austerity measures Ultility Companies employ to reduce their costs in such situations, e.g. decreasing overtime costs, mothballing underused facilities (such as unit treatment processes), reduced travel and training costs etc.</p>
<p>Since it appears a main driving force for higher rates is to maintain a high credit rating and an attractive rate of return for Utility bonds for funding capital-intensive projects, why don&#8217;t water companies take advantage of low-interest State Revolving Funds loan for capital projects?? and create attentuated capital replacement/repair accounts?</p>
<p>Thank you for your consideration, and I look forward to hearing from you.</p>
<p>Kevin</p>
]]></content:encoded>
	</item>
	<item>
		<title>Comment on Author by the importance of &#34;private&#34; in water markets - Living in Actively Moving Water</title>
		<link>http://privatewaterlaw.com/about/#comment-303</link>
		<dc:creator><![CDATA[the importance of &#34;private&#34; in water markets - Living in Actively Moving Water]]></dc:creator>
		<pubDate>Sun, 27 Nov 2011 21:24:35 +0000</pubDate>
		<guid isPermaLink="false">#comment-303</guid>
		<description><![CDATA[[...] like to direct you to the Private Water Law Blog: A blog about water law and policy. The author, Wes Strickland, does a great job of covering the private sector in the world of water. He is also active on [...]]]></description>
		<content:encoded><![CDATA[<p>[...] like to direct you to the Private Water Law Blog: A blog about water law and policy. The author, Wes Strickland, does a great job of covering the private sector in the world of water. He is also active on [...]</p>
]]></content:encoded>
	</item>
	<item>
		<title>Comment on Water Transfers by California Mutual Water Companies by Wes Strickland</title>
		<link>http://privatewaterlaw.com/2011/09/15/water-transfers-by-california-mutual-water-companies/#comment-300</link>
		<dc:creator><![CDATA[Wes Strickland]]></dc:creator>
		<pubDate>Mon, 21 Nov 2011 17:29:54 +0000</pubDate>
		<guid isPermaLink="false">http://privatewaterlaw.com/?p=762#comment-300</guid>
		<description><![CDATA[A developer is responsible for ensuring that the development has sufficient water supplies for a number of years in the future (for large developments, that means at least 20 years). Those water supplies do not necessarily have to be the result of a deed, however. Many water companies do not possess water rights but rather purchase water from another entity through a lease or wholesale arrangement. Such arrangements are acceptable as long as they provide adequate assurances that water will in fact be available to the development. A deed would be one way to accomplish that, but it&#039;s not the only way.  I hope that helps.

Wes]]></description>
		<content:encoded><![CDATA[<p>A developer is responsible for ensuring that the development has sufficient water supplies for a number of years in the future (for large developments, that means at least 20 years). Those water supplies do not necessarily have to be the result of a deed, however. Many water companies do not possess water rights but rather purchase water from another entity through a lease or wholesale arrangement. Such arrangements are acceptable as long as they provide adequate assurances that water will in fact be available to the development. A deed would be one way to accomplish that, but it&#8217;s not the only way.  I hope that helps.</p>
<p>Wes</p>
]]></content:encoded>
	</item>
</channel>
</rss>

