Judge rules drainage district’s stormwater “fee” is actually a “TAX”

Judge rules drainage district’s stormwater fee is actually a tax

A Mesa County judge ruled today that two year’s worth of money collected by the Grand Valley Drainage District to deal specifically with stormwater should be classified as a tax, and as such was improperly collected because the district did not get voter approval for the extra charge.

The Grand Junction Area Chamber of Commerce and Mesa County, who brought the lawsuit challenging the extra stormwater charges, celebrated the ruling by Mesa County District Judge Lance Timbreza.

“This is a victory for every property owner within the Grand Valley Drainage District boundaries, including many of our business members,” chamber President and CEO Diane Schwenke is quoted as saying.

“It upholds the principles of the Taxpayer’s Bill of Rights (TABOR) and requires the District to convince voters that additional funding is needed, as TABOR clearly intended.”

The chamber and the county sued the drainage district after customers began receiving bills in 2016 specifically to address projects related to stormwater. Homeowners for the past two years have been charged an extra $36 a year, while many businesses saw new annual charges of up to $10,000.

The chamber and county argued the additional charge was a tax, and as such required voter approval under the state’s Taxpayer’s Bill of Rights constitutional amendment.

Read the full story in the Wednesday edition of the Daily Sentinel.

https://www.gjsentinel.com/breaking/judge-rules-drainage-district-s-stormwater-fee-is-actually-a/article_57fd4c46-68ed-11e8-86d9-a35f681c4db8.html

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