Court ruling could impact future of Coachella Valley water management

A federal judged ruled on Friday that a lawsuit filed by the Agua Caliente Band of Cahuilla Indians against the Desert Water Agency and Coachella Valley Water District must go to trial to determine if the Tribe has a reserved right to groundwater.

The Tribe filed the lawsuit in 2013.

The judge determined the lawsuit is valid to go to trial based on the Winters Doctrine, which was crafted in 1908 to provide water for the needs of Native Americans who reside on federally reserved lands.

Tribal leaders said the decision is a critical step in how water is managed in the Coachella Valley but officials with local water districts are vowing to protect the public’s water rights.

According to a release from the Agua Caliente Band of Cahuilla Indians, the rate of the water drawn from the aquifer has depleted natural levels, which is known as over-drafting of the aquifer. The rate of use has meant that the natural replenishment cycle has not been able to return enough water to match historic water levels. In turn, water districts began importing polluted water from the Colorado River to replenish the water levels in the aquifer, according to the Tribe. And instead of pre-treating this water, the water districts put the water, as is, into the aquifer, which has significantly lowered the quality of water, tribal officials said in the release.

“These practices are not acceptable for long-term health and viability of the Coachella Valley water supply,” Chairman Jeff L. Grubbe said. “We called out this detrimental practice and brought it to the attention of the water districts over and over for years simply to be ignored.”

But officials with the Desert Water Agency said the move would impact the public’s water rights and would kick off an expensive, lengthy and complicated legal process – known as “adjudication” – to divide up the water resources and storage space in the aquifer underlying the western Coachella Valley.

“One group should not have the right to carve up the groundwater basin and take access to water away from local residents – essentially leaving the rest of us to make do with the leftovers,” said DWA Board President Craig Ewing. “Everyone – including the Tribe – should have equal access to a clean, affordable and reliable water supply.”

Water officials said the Tribe has refused to disclose what it intends to do with this water, and unlike DWA and CVWD, the Tribe is exempt from California’s stringent environmental laws, open meeting laws and drought restrictions.

“If the court rules in the Tribe’s favor on the reserved rights issue, the Tribe will gain virtually exclusive use of water in the Coachella Valley basin – rather than the public owning, cooperatively managing and sharing the region’s water resources,” said Ewing. “To protect the public’s water rights, we will remain vigilant in opposing this lawsuit.”

According to the DWA, to claim a reserved right to the region’s groundwater, the Tribe would have to prove that the reserved right is necessary to accomplish the “primary” purpose of the reservation.

Officials also stated their concerns about the Tribe not having pipes, pumps or infrastructure to deliver water and no experience in water management.

“Coachella Valley groundwater is a crucial component of the region’s water supply, economy and way of life – it is essential that we protect the public’s right to use it,” said Ewing. He also stated that DWA and CVWD have provided a safe, affordable and reliable water supply to their customers – including the Tribe – for decades.

The Tribe released a statement showing its support for the judge’s ruling.

“This decision validates the Tribe’s diligent work to protect and preserve one of the Valley’s most important natural resources,” Grubbe said.

In the decision, Judge Bernal wrote: “The federal government intended to reserve water for the Tribe’s use on its reservation. Rights to the groundwater underlying the reservation are appurtenant to the reservation itself.”

Grubbe said the ruling is consistent with settled federal law and affirms what Agua Caliente has sought from the water districts for over 20 years, which is recognition of its legitimate ownership interest in groundwater in the Coachella Valley and its interest in responsible management of the aquifer’s condition.

News Channel 3 and CBS Local 2 will continue to follow this case and provide updates on any future developments.