Fairfax County Takes Control of Water Rates in Landmark Legislation

The Fairfax County Board of Supervisors on Tuesday passed landmark legislation taking control of all water rates charged county residents and control of the millions of dollars in water fees that will flow from new developments, especially in Tysons Corner.

The board voted unanimously to lower water rates now paid by McLean residents and hundreds of thousands of other county residents who live in Fairfax County but receive their water from systems operated by Falls Church, Vienna, the City of Fairfax and the Town of Herndon.

What this actually means to McLean residents in terms of how much they pay for their water remains to be seen.

Dranesville Supervisor John Foust, one of the major proponents of the county setting rates for its residents, said, “Rates may not be as low as Fairfax County water, but I certainly expect that the rates charged that I’m familiar with ... will be lowered."

He added during the board's discussion of the new legislation, the rates “may not be as low as Fairfax water but I do expect it will have the consequence of lowering the rates for all providers.”

Currently Fairfax County water rates are nearly $30 cheaper than Falls Church rates for the average homeowner.

The milestone legislation was preceded by years of water wars between Fairfax County and Falls Church. Ninety percent of Falls Church's 34,000 customers reside in Fairfax County, including McLean residents. Falls Church increased its rates in October.

The new law, which takes effect July 1, 2012, says "no provider of retail public water service within Fairfax County"  can charge Fairfax residents rates "greater than the corresponding rates ... imposed by the Fairfax County Water Authority."

However, water providers like Falls Church can submit information to the county justifying higher rates. Those higher rates would have to be approved by the county's Department of Public Works and the Board of Supervisors.

Falls Church officials said:

Mayor Nader Baroukh: "The City of Falls Church asked that the Fairfax County Board of Supervisors defer action on this ordinance, to allow time to respond to our serious concerns and create a new path ... Instead, the Board chose to rush to enact an ordinance that is anticompetitive and not in the best interests of our County water customers."

Vice Mayor David Snyder: "Over the years, the City of Falls Church has taken on significant risk so that Seven Corners, McLean, Merrifield, and Tysons Corner—the economic engine of the County—could develop. The City has provided reliable and safe water at rates that are below the average for the region. Today’s action by the Fairfax County Board of Supervisors is a blow for regional cooperation.

Rob Jackson, president of the McLean Citizens Association, said the organization has long supported giving the county control of rates because it ”would address the large disparity in rates between county and city."

“County residents can’t vote for city council members” and that means they have no voice in the setting of rates, Jackson said. “We wholeheartedly support” the legislation.

A handful of county residents who receive water from the Town of Vienna also supported the new law for the same reason: They have no voice in rates set by the town council since they are county residents.

Sen. State Chap Peterson (D-34) whose district stretches from the Beltway to Centreville, last week threatened to introduce state legislation to stop the county.

Fast Facts: Falls Church Water

Customers: 120,000 people in a 33 square-mile area that includes Severn Corners, Tysons Corner, Merrifield and McLean.

Water bill based on use of 24,000 gallons per quarter:

City of Falls Church               $86.55

Fairfax County: Fairfax Water $57.31

After proposed increase:       $60.19

Source: Falls Church Fact Sheet (which is attached to this story)

Background: Sept. 22: A Fairfax County government agency Wednesday that the Board of Supervisors regulate rates for the City of Falls Church water customers who are McLean and Fairfax residents so that they do not pay rates higher than those charged by Fairfax water, unless Falls Church can justify the higher rates.

The Fairfax County Consumer Protection Commission also recommended that Fairfax County provide water to upcoming new developments in Tysons Corner. Tysons Corner will evolve into a medium-size city and double its current population in the next several decades.