Ninth Circuit Court upholds Agua Caliente Band of Cahuilla Indians groundwater rights

A three-judge federal appeals court panel has upheld a 2015 lower court ruling that the Agua Caliente Band of Cahuilla Indians has a right to groundwater in the Coachella Valley. Groundwater in the Coachella Valley aquifer is currently managed by local water districts, including Desert Water Agency (DWA) and Coachella Valley Water District (CVWD). At issue is control of the region’s groundwater.

The nationally watched case dates back to 2013 when Aqua Caliente filed suit seeking rights to groundwater in the Coachella Valley. Documents indicate the Cahuilla Indians were granted this implied right by the federal government when it created the reservation for the tribe in the late 1870s. The initial 2013 ruling determined that Aqua Caliente does have priority rights thereby initiating court-approved control of the groundwater basin.

“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 states.

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

Aqua Caliente contends that the rate of the water drawn from the aquifer has depleted natural levels, also known as “over-drafting” of the aquifer. The tribe asserts that the rate of use has meant that the natural replenishment cycle has not been able to return sufficient water to match historic water levels. In turn, water districts began importing low-quality water from the Colorado River to replenish the water levels in the aquifer. The water districts put the water – instead of pre-treating the water – directly into the aquifer, which has significantly degraded the quality of the natural groundwater according to an Aqua Caliente press release.

“These practices are not acceptable for long-term health and viability of the Coachella Valley water supply,” Chairman 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.”

Aqua Caliente has sought recognition of its ownership interest in groundwater in the Coachella Valley along with its interest in responsible water management of the aquifer’s condition for some 20 years. The recent court ruling affirms this.

However, DWA and CVWD may pursue an appeal with the United States Supreme Court. If the two water districts opt to not appeal the Ninth Circuit Court’s ruling the case will return to the federal district court for the next phase of the trial which will determine the division of groundwater supplies amongst the water users.

Jim Barrett, CVWD general manager, has said that his district’s board is reviewing the matter.

“The CVWD board will discuss next steps in this case that could ultimately determine control over the region’s groundwater,” said Barrett. “Because this is ongoing litigation, this conversation will take place in closed session.”