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CALIFORNIA FARM BUREAU FEDERATION v. STATE WATER RESOURCES CONTROL BD.

No. S150518.

51 Cal.4th 421 (2011)

CALIFORNIA FARM BUREAU FEDERATION et al. Plaintiffs and Appellants, v. STATE WATER RESOURCES CONTROL BOARD, Defendant and Respondent.

Supreme Court of California.

January 31, 2011.

Attorney(s) appearing for the Case

Gibson Dunn & Crutcher, David A. Battaglia , William E. Thomson , Eileen M. Ahern , Kahn A. Scolnick ; Nancy N. McDonough and Carl G. Borden for Plaintiff and Appellant California Farm Bureau Federation.

Somach Simmons & Dunn, Stuart L. Somach , Kristen T. Castaños , Robert B. Hoffman and Daniel Kelly , for Plaintiffs and Appellants Northern California Water Association and Central Valley Project Water Association.

O'Laughlin & Paris, Tim O'Laughlin and William C. Paris for San Joaquin River Group Authority as Amicus Curiae on behalf of Plaintiffs and Appellants.

Jason E. Resnick for Western Growers Association, California Cattlemen's Association and California Grape and Tree Fruit League as Amici Curiae on behalf of Plaintiffs and Appellants.

Harold Griffith as Amicus Curiae on behalf of Plaintiffs and Appellants.

Downey Brand , Kevin M. O'Brien , Jennifer L. Harder and Joseph S. Schofield for Association of California Water Agencies, Regional Council of Rural Counties and Family Water Alliance as Amici Curiae on behalf of Plaintiffs and Appellants.

Erika Frank ; Michele Pielsticker ; Law Office of Anthony T. Caso and Anthony T. Caso for California Chamber of Commerce, Personal Insurance Federation of California, Association of California Insurance Companies, Wine Institute, Federation of Independent Business Legal Foundation and California Taxpayers' Association as Amici Curiae on behalf of Plaintiffs and Appellants.

Trevor Grimm , Jonathan M. Coupal and Timothy A. Bittle for Howard Jarvis Taxpayers Association as Amicus Curiae on behalf of Plaintiffs and Appellants.

Fulbright & Jaworski, Jeffrey B. Margulies ; and Heidi K. McAuliffe for National Paint & Coatings Association, Inc., as Amicus Curiae on behalf of Plaintiffs and Appellants.

Bill Lockyer and Edmund G. Brown, Jr. , Attorneys General, Amy J. Winn , Acting Assistant Attorney General, David S. Chaney and Paul Gifford , Assistant Attorneys General, Gordon Burns , Deputy Solicitor General, William L. Carter , Matthew J. Goldman and Molly K. Mosley , Deputy Attorneys General, for Defendant and Respondent.

David R. Owen ; Rossmann and Moore , Antonio Rossman , Roger B. Moore ; Hamilton Candee , Katherine S. Poole ; and Joanne S. Spalding for The Planning and Conservation League, Natural Resources Defense Council and Sierra Club as Amicus Curiae on behalf of Defendant and Respondent.

Diane F. Boyer-Vine , Robert A. Pratt and Marian M. Johnston for the California Legislature as Amicus Curiae on behalf of Defendant and Respondent.

OPINION

CORRIGAN, J.—

The California Constitution provides that any act to increase taxes must be passed by a two-thirds vote of the Legislature.1 On the other hand, statutes that create or raise regulatory fees need only the assent of a simple majority.2 In 2003, the Legislature passed amendments to the Water Code3 by a 53 percent majority. Current...

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