Federal Appeals Court Sides With Tribe in Water Rights Case

PALM SPRINGS, CA - A federal appeals court ruled Tuesday that the Agua Caliente Band of Cahuilla Indians has a right to Coachella Valley groundwater supplies, the latest in a legal dispute between the tribe and two Coachella Valley water agencies.

The Ninth Circuit Court of Appeals upheld a lower court's 2015 decision backing the tribe's claim to the groundwater aquifer managed by the Desert Water Agency and the Coachella Valley Water District.

"The Ninth Circuit's decision today validates the Tribe's work to protect and preserve the Coachella Valley's most important natural resource," Tribal Chairman Jeff L. Grubbe said. "This is another critical step toward how water will be responsibly managed in the future."

• SEE ALSO: CVWD Reviews Federal Appeals Court Ruling in Groundwater Case

The three-judge panel ruled that the creation of the tribe's reservation in the 1870s included rights to the groundwater.

"Because the United States intended to reserve water when it established a home for the Agua Caliente Band of Cahuilla Indians, we hold that the district court did not err in determining that the government reserved appurtenant water sources -- including groundwater -- when it created the tribe's reservation in the Coachella Valley," the opinion reads.

The tribe sued the agencies in 2013, with tribal officials claiming that the agencies degraded water quality by overdrafting the aquifer, which depleted natural water levels, and then offset the amounts drawn with lower- quality water from the Colorado River.

"These practices are not acceptable for long-term health and viability of the Coachella Valley water supply," Grubbe said. "We called out this detrimental practice and brought it to the attention of the water districts over and over for years but were repeatedly ignored."

According to a DWA statement, "Sustaining the region's groundwater basin requires continued responsible stewardship and experienced management. Decades ago, our local water managers engineered an approach to groundwater management that serves as a model for legislation and programs nationwide. This approach rests on long-term commitment, expertise and active replenishment with water imported from the Colorado River, which serves as a source of drinking water for 33 million people. DWA and CVWD remain committed to continuing this good work."

The agencies could appeal to the U.S. Supreme Court or the case will return to federal district court, where it will be determined how the groundwater supplies are divided among water users.

"We're going to keep working toward the best outcome for the public," DWA General Manger Mark Krause said. "The groundwater basin should remain a shared public resource, carefully managed to ensure families and businesses have access to clean, reliable water for years to come."

CVWD officials said the agency's next move will be discussed among the Board of Directors in closed session. The board's next meeting is March 14.

"The CVWD board will discuss next steps in this case that could ultimately determine control over the region's groundwater," said Jim Barrett, CVWD general manager. "Because this is ongoing litigation, this conservation will take place in closed session."

The agencies questioned how the tribe plans to use the groundwater supplies, saying that unlike the tribe, publicly elected water agency boards are held accountable to residents and bound by transparency requirements.

"Agua Caliente has not stated how it will use the groundwater supplies," a DWA statement read. "They could sell water back to the public or it could use the water for any purpose. This could drive up rates for local residents and businesses."

– By City News Service / Image via Shutterstock