US Files Complaint on Behalf of Agua Caliente Over Water Rights

Heather Steinberger
5/30/14

On Friday, May 13, the United States Department of Justice filed a motion with the U.S. District Court seeking to file a complaint in support of the Agua Caliente Band of Cahuilla Indians, whose nearly 32,000-acre reservation is located in Riverside County, California. The complaint goes against the Desert Water Agency (DWA), the water utility for the Palm Springs area, and the Coachella Valley Water District (CVWD).

In the complaint, the federal government asks the court to declare that the United States holds, on behalf of the Agua Caliente band, federally reserved rights to groundwater in sufficient quantities “to foster, promote and fulfill the purposes for which the reservation was set aside.” The United States also seeks to stop the water district from overdrafting the groundwater in the Coachella Valley because it injures and infringes upon the “senior reserved rights of the tribe.”

According to Jeff L. Grubbe, chairman of the Agua Caliente Band of Cahuilla Indians, the motion is significant because it provides ample proof that the Agua Caliente band’s claims against CVWD and DWA are well-founded and that the serious matters the band raises in this case need to be addressed. The road that led to this official complaint, he said, has been a long one.

“Even before I was on the council, the tribe was involved with water issues,” Grubbe said. “We were concerned with conservation and the state of our water supply. We live in the desert, and water is our most important resource.”

He said the Agua Caliente leadership felt that CVWD, formed in 1918 specifically to protect and conserve water resources, wasn’t taking an active role in fulfilling its mission.

“We had a civil relationship, but they just weren’t taking our concerns to heart,” he said. “So in the last five to seven years, the council decided to step up its efforts regarding our water rights. Unfortunately, the discussions didn’t go anywhere. The lack of respect for the tribe, and the lack of respect for the water, was very upsetting to us.”

According to the complaint, outflows from the Coachella Valley Groundwater Basin aquifer generally have exceeded inflows for decades; this condition is known as overdraft. And demands from off-reservation agriculture, resorts and homeowners’ associations compete with the Agua Caliente Reservation’s homeland needs.

“The tribe and individual allottees necessarily rely on groundwater to satisfy domestic, cultural, commercial and other needs,” the complaint stated. “Groundwater in the Coachella Valley Groundwater Basin aquifer is in limited supply and is needed to satisfy the present and future needs of the tribe and individual allottees. Defendants’ withdrawal and use of groundwater injures and infringes upon the senior reserved rights of the tribe and individual allottees, and adversely affects their ability to exercise their reserved rights to that groundwater.”

Grubbe said that, over time, water rates continued to increase significantly, yet water quality and conservation were not getting any better.

“They kept pushing the issue off, but in 10 or 20 years, the situation is going to get a whole lot worse and a lot more expensive,” he said. “California’s been in the news a lot lately, with the drought, fires and water issues, and there are going to be more times like this.

“One of the last letters the tribe received from the defendants said that we have no rights to the water — that it belongs to the whole valley,” he continued. “That’s what finally did it for us. We realized that the only real way to address our concerns was to take action.”

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