Court rules groundwater rights in favor of Agua Caliente Band of Cahuilla Indians

A federal appeals court upheld a ruling that found the Agua Caliente Band of Cahuilla Indians has priority federal rights to groundwater in the Coachella Valley.

Desert Water Agency and Coachella Valley Water District appealed the lower court ruling in an effort to protect the public’s access and right to water, officials with Desert Water Agency said in a news release on Tuesday.

“We’re going to keep working toward the best outcome for the public,” said Desert Water Agency General Manager Mark Krause. “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.”

According to Desert Water Agency, the litigation process began in 2013 when Agua Caliente filed a lawsuit seeking right to the groundwater. The initial ruling determined that Agua Caliente does have priority rights, which DWA officials said opened up the door for court-approved control of the groundwater basin.

The Agua Caliente Band of Cahuilla Indian weighed in on the U.S. Court of Appeals ruling on Tuesday as well.

“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.”

The most recent ruling affirms what Agua Caliente has sought from 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, Tribe officials said Tuesday.

“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,” as stated in the panel’s opinion.

DWA and CVWD may pursue an appeal with the U.S. Supreme Court, or the case will return to the federal district court for the next phases of the trial, which will determine how groundwater supplies are divided up amongst water users, according to DWA’s news release.

KESQ News Channel 3 and CBS Local 2 will continue to keep you updated as any future litigation takes place.