I'm not asking for legal advice. But, I'd like to publish my thoughts about a legal problem, for some review. I know we have some pretty sharp legal types around here.

Facts:

I am a resident of Lewis county, Washington.

My domestic water comes from a community well that serves the 12 or so houses in my neighborhood. This water system was, until 1 October, owned and operated by a private water company, H&R Waterworks.

On 1 October, H&R sold their operations to the Thurston County Public Utility District. Thurston county, not Lewis county, where I live. That's important.

A PUD is a public corporation set up in many counties to operate under the authority of commissioners elected by the residents of the county.

So far, I got five four letters from the Thurston County PUD about this purchase, telling me how my rates are going to change, and why, and announcing meetings where we can discuss it.

H&R Waterworks was one of many private utility companies governed by the state Utilities and Transportation Commission, the state level public oversight agency that protects the interests of state citizens served by private utility companies. It was through the UTC that H&R set our existing rate tariffs. The UTC has no jurisdiction over public utility departments, even if they act as a private water company to citizens outside of their county. Thurston PUD has also asserted in some of their letters that they are not subject to the jurisdiction of the UTC.

I originally thought that the loss of oversight by the UTC of my water purveyor may have posed some problems, but on further reflection, I think this goes in my favor. I'll get back to that, too.

So, this is happening. They bought my water system. In January, they're going to start sending me bills with their new rates.

PUDs have all sorts of hidden and recurring charges, the main reasons are to be able to continue to maintain and operate the systems they run for their citizens. Their usage rates are based on water costs. Further, Thurston PUD (as probably every PUD does) spreads those costs, which actually vary from water system to water system, across all of their citizens. Pretty standard stuff, really.

Here's a link to the Thurston PUD rate tariff: http://www.thurstonpud.com/docs/rates-2017.pdf . Right on top of that page highlights one of the problems: "After Public Hearings held on September 12, 2016, and September 27, 2016, the Thurston PUD Commissioners voted to increase rates."

I, as a citizen of Lewis County, can safely ignore the votes and resolutions of every one of the 3,142 county commissions in this country except those in my own county.

I am quite sure I have the Washington State Constitution at my back, in which Article 1, Section 1, establishes that "All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights." That clearly establishes that the Thurston PUD Commission has no authority to compel me to do anything for Thurston county, including subsidizing their water systems.

In the letters I got from the Thurston PUD, they quite purposely repeated that they were a public agency, operating under the authority of elected commissioners. They also admitted, in writing, that they are not subject to UTC jurisdiction. Washington Administrative Code establishes this, and I have traffic from the Consumer Protection Manager of the UTC that confirms this is so.

My bottom line: I pay nothing for anything in Thurston County. I do not share in the least in the cost of operating their citizens' water systems.

Of course, I have to pay for my water. I'd be smart to pay ahead for equipment repairs as they are necessary. What I intend to do is pay the rates I paid for my water, and the capital surcharge that applied to my system, as agreed between the UTC and my private water company before Thurston PUD showed up. I'm undecided if I will pay them what was my previous "base rate" (you pay that, even if you use no water). I don't know what that part of the bill is used for. If that base rate pays for anything in Thurston County, again, it isn't my problem.

There are a few public hearings scheduled shortly. Three of them are in counties outside of Thurston county. I will attend all three of these to make sure the rest of the citizens of counties other than Thurston county can hear how they're being steamrolled.

Back to that UTC thing... Unless WAC (state law) changes, the UTC will not entertain anything from Thurston PUD about rates changes. They explicitly do not represent PUDs in the law. That pretty much means that the Thurston PUD has to deal with us directly. We get to decide how much we will pay them for our water service. All paths of redress that Thurston PUD may take against me for not paying their rates involve a judge. That is EXACTLY where I need this to go.

So, what do you think? Anyone have any helpful ideas?

Find out if there are any historical cases where this has happened before and what the outcome
was and not just for water companies but utility companies in general and across the state also

Find out what the legal consequences will be if you refuse to pay the base rate because you
think it is for services outside Lewis county but if you find it is not then just pay it as normal

Find out if the citizens of Thurston county had rate increases too and if they were relative to yours

Find the cheapest but most experienced lawyer you can then submit everything to them in writing and
keep copies of anything that you do give them and make sure that they only send you itemised bills too

Try to get as many citizens of Lewis county together if you do have to
go to court since it will keep the legal costs per person to a minimum