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Mid-Kings River Groundwater Sustainability Agency

Resources · Legal basics

Prop 218 elections

California's Proposition 218 gives property owners a direct say over certain agency-imposed fees. Here's what that means when the GSA considers a new fee.

You get a vote when property fees go up

Proposition 218 is a 1996 California constitutional amendment. It requires that certain kinds of fees imposed by public agencies — specifically, property-related fees — can only take effect if a majority of affected property owners don’t protest them.

For groundwater, that means: if the GSA proposes a new fee on parcels inside the boundary (for example, a per-acre-foot pumping fee), every affected landowner gets formal notice and a chance to file a written protest. If a majority of affected parcels protest, the fee cannot be imposed.

The protest process, step by step

  1. Notice is mailed. Every parcel owner of record receives a written notice at least 45 days before the public hearing.
  2. Public hearing is held. At the hearing, the Board takes public comment and receives written protests.
  3. Protests are counted. One valid written protest per parcel. If protests are filed on more than 50% of affected parcels, the fee is rejected.
  4. The Board decides.If a majority protest isn’t filed, the Board may then vote on whether to adopt the proposed fee.

Not every GSA action is a Prop 218 matter

Prop 218 applies specifically to property-related fees — charges tied to parcel ownership. Many GSA activities are not covered: the pumping cap itself, policy adoption, meeting procedure, and administrative matters are governed by SGMA and the Board’s general authority, not Prop 218.