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Developers Must Help Finance Water Use
Publication year - 1997
Publication title -
journal ‐ american water works association
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.466
H-Index - 74
eISSN - 1551-8833
pISSN - 0003-150X
DOI - 10.1002/j.1551-8833.1997.tb08298.x
Subject(s) - supreme court , finance , real estate development , business , yield (engineering) , estate planning , capital (architecture) , estate , groundwater , real estate , engineering , law , political science , geography , materials science , geotechnical engineering , archaeology , metallurgy
Arizona's 1980 Groundwater Management Act requires municipalities to reduce dependence on groundwater by achieving safe yield. Scottsdale must demonstrate by January 1, 1998, that it has sufficient water for 100 years. To raise capital, Scottsdale adopted a development fee for all new real estate development. Developers successfully challenged the fees, but the court of appeals reversed the decision. The state supreme court affirmed the court of appeals decision, finding that the fees were rationally related to a need created by development and that when the funds are spent on needed services, the developer benefits.