Nampa councilman have voted 3-1 to repeal the city's stormwater drainage fee. One of the major arguments against the fee came from commercial property owners because the fee applied to commercial properties based on square footage for any areas where runoff occurred, including roofs, parking lots, etc.

The Nampa fee resulted in two lawsuits, which followed a ruling by the Idaho Supreme Court that a similar ordinance enacted in Lewiston was not constitutional. At issue was the difference between a fee and a tax, with the Nampa lawsuits claiming the city's "fee" was really a "tax," which would not be legal under Idaho Code since the Legislature has not approved a stormwater tax.

The challenge now with the repeal of the fee is that Nampa must make up over $2 million to meet federal Clean Water Act standards. Having to make up that much money could constitute a tax increase for Nampa residents.

For more information on this story from the Idaho Statesman, click here.