Private, Non-Governmental Water Providers

Overview of Investor-Owned Utilities and
Mutual Water Companies

What Are Private Providers?

Private water providers are either regulated or unregulated. Regulated water providers are those owned by private investors and are called investor-owned water utilities. Unregulated water providers usually refer to mutual water companies, but can also be other private companies.

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What’s the Difference Between Private and Public?

Private, or non-governmental, water providers are called as such because they are in the “private sector” of the economy, which is made up of both a “private” and “public” sector. The private sector is not run by the government, whereas the public sector is run by the government. Private sector entities focus on providing products or services in order to make a profit, whereas public sector entities generally focus on just providing that product or service.

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State laws that help hold public entities accountable do not apply to private entities. This means that the Public Records Act, the Brown Act, Proposition 218, referendum law, and initiative law do not apply and cannot be used to protect communities. This also means that the only response to a water provider’s unlawful action is through the courts, by either reporting business conduct to the state Attorney General’s Complaint Form or litigating under the Torts Claims Act and local/state health ordinances.

Regulated Utilities: Investor-Owned Utilities

Regulated utilities, also called investor-owned utilities, are separated into four classifications based on the number of service connections the utility has.1

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Unregulated Private Water Providers:
Mutual Water Companies

Mutuals are also referred to as mutual benefit corporations, nonprofit mutual benefit corporations, nonprofit mutual water companies, and nonprofit mutual water associations. Mutuals are often formed by landowners in small communities to sell, supply, and/or deliver water for irrigation purposes or domestic use.9 In other words, mutuals are customer-owned water providers meeting the water needs of their properties.

Other Unregulated Private Water Companies

Other private companies that are water providers but are not regulated investor-owned utilities or unregulated mutual water companies include mobile home properties, restaurants, and individual or family-owned water companies. 

If a mobile home park provides water service to tenants, it must let the tenants know in writing that they can complain about unsafe water and water service to the Commission.46 A group of tenants, representing at least 10% of the mobile home park’s service connections during a 12-month period, can file a complaint with the Commission about unjust and unreasonable water rates or inadequate service.47 Then, the Commission must decide whether the water rates are just and reasonable, or whether the water service is adequate.48

This Page Last Updated: July 17, 2024