When it comes to utility water, sewer and solid waste collection/disposal rates and charges in particular, any limitations are an expansion of the rules for fees in general (see discussion above). Which means those rules are really an expression of the limits imposed upon all fees generally. And where a municipal corporation has a monopoly¹ insofar as those services are concerned, its only justification for going into business is that public welfare will be subserved². Because providing utilities “to private consumers for gain cannot in any sense be (considered)…performance of governmental function(s);”³ right?

“When a municipal corporation owns…operates…and sell(s services)…to consumers (such as)…water (or sewer services)…it…act(s) in a business capacity and is (required to be)…treated as if it were a private utility company.”⁴ Since NPUC need not grant deference to a private utility’s unlawful⁵, unjust or unreasonable rates⁶, neither need we! And for these same reasons, those other functions IVGID exercises⁷ “to private consumers for gain…cannot in any sense be (considered)…performance of governmental function(s).” Therefore to the extent IVGID strives to realize financial gain insofar as the public recreation facilities it operates is concerned, its adoption of excessive rates, tolls and charges thereat is not authorized.

1. As IVGID does insofar as sewer and trash disposal services are concerned [NRS 318.170(1)(b)].
2. See Springfield Gas, supra, at 126 N.E. 748.
3. See Springfield Gas, supra, at 126 N.E. 745.
4. See Austin View, supra, at 405 N.E.2d 1262; In re Hawaiian Electric Co., Inc., 107 PUC.4th 221, 223 (1989); 64 Am.Jur.2d §297, p.496.
5. See NRS 704.040(2).
6. See NRS 704.040(1).
7. That is, providing public recreation facilities and services.