Opinion No. (2009)

Dear Senator Anderson:

This office has received your letter requesting an official Attorney General Opinion in which you ask, in effect, the following question:

Assuming that a city has a water supply available to households within territory annexed by the city, may the city enact an ordinance requiring those households to pay a monthly fee to defray the costs associated with construction of a water treatment plant when those households choose not to obtain their water supply from the city?1

Your question requires an analysis of the rights and powers of a city with regard to the provision of a…