Desert Water Agency files appeal in groundwater court battle with local tribe
The Desert Water Agency filed a petition with the Ninth Circuit Court of Appeals on Monday, seeking review of a recent federal court ruling that found the Agua Caliente Band of Cahuilla Indians has a reserved right to the region’s groundwater
Desert Water Agency (DWA) General Manager David Luker warns that this ruling could hand over virtually exclusive use of the public’s water supply to the Tribe, which is attempting to take ownership of the water and prevent the water agencies in the valley from delivering water to their customers. “To protect the public’s access to an affordable and reliable water supply and prevent unnecessary rate hikes, Desert Water Agency will remain vigilant in our efforts to appeal this ruling,” said DWA General Manager David Luker. “The public has always – and should always – own, cooperatively manage and share the region’s water supply.”
“The Court’s decision is a critical step in how water is managed in the Coachella Valley in the future,” Agua Caliente Tribal Chairman Jeff L. Grubbe said. “Although this appeal by the water districts was expected, it once again demonstrates the water agencies complete disregard and denial of the Tribe’s rightful role in how the desert’s most important natural resource is managed.”
Because the Tribe’s pleas for better management practices were ignored for decades, the Tribe says it was forced to resolve these issues in court. “Now that the legal issue of whether the Agua Caliente Band of Cahuilla Indians has federally reserved rights to groundwater has been resolved in favor of Agua Caliente, it’s time for the water districts to move forward and work with the Tribe to address the real issues surrounding the long-term viability of the Coachella Valley’s water supply,” Chairman Grubbe said.
The Desert Water Agency says the reservation lands have always received an ample water supply from the water agencies who serve all of the water users in the Coachella Valley. “We firmly believe that everyone, including the Tribe, should have equal access to a clean, affordable and reliable water supply – one group should not have the right to carve up the groundwater basin, taking supplies as it pleases and leaving the rest of us to make do with the leftovers,” said Luker.
According to the Desert Water Agency the recent ruling potentially kicks 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.
News Channel 3 and CBS Local 2 will continue to follow this case and provide updates on any future developments.
