[Water_news] 1. DWR'S CALIFORNIA WATER NEWS - Top Item for 5/30/08

Department of Water Resources

California Water News

A daily compilation for DWR personnel of significant news articles and comment

 

May 30, 2008

 

1.  Top Item -

 

 

District: Proposal will drain economy

The Desert Sun – 5/29/08

By Keith Matheny, staff writer

 

Indio's 'watermaster'request could causevalleywide precedentfor resource distribution

 

Indio's call for a court-appointed "watermaster" to resolve groundwater disputes "would have potentially devastating effects to the Coachella Valley's already depressed economy," Coachella Valley Water District officials said.

 

The water district, with a response to the city's lawsuit against it, fired the latest volley in a court battle between the two over groundwater rights and responsibilities.

The district wants portions of the city's suit dismissed, and to force the city to name all other regional groundwater users as defendants in its lawsuit - potentially hundreds of well-pumpers.

 

The move, district officials said, is an attempt to get the city to reconsider its call for a so-called adjudication of the groundwater basin, which would likely mean a court-appointed watermaster who would divide up existing and future groundwater supplies for cities and other users who rely on groundwater.

 

"Indio has continually said they don't want a general adjudication, although anyone besides the city of Indio who has read the cross-complaint says a general adjudication is exactly what they've asked for," water district general manager Steve Robbins said.

 

"They can't just make these issues between CVWD and Indio. You either go all the way or you don't do it."

Indio Public Works Director Jim Smith denied the claim, saying the city wants a watermaster only to resolve the issues between it and the district.

Smith called for an integrated regional water management plan, and for CVWD to stop asserting an authority position over valley groundwater usage that it doesn't have.

 

"Stronger leadership is needed," Smith said. "We need to organize ourselves and have buy-in from all of the parties."

 

At issue is the vast underground aquifer beneath the valley, from which the valley gets most of its water supply.

 

Indio officials last summer stopped paying to the water district a replenishment assessment charge - a fee the district charges to all larger groundwater users.

The fee, district officials said, is to help offset the costs of bringing in water from outside the valley to replenish the aquifer.

 

Indio officials said the city does not receive a benefit from the groundwater replenishment, and that the district doesn't have the authority to charge the city.

 

The water district sued the city, seeking the unpaid fees plus interest. Indio countersued, asking a judge to appoint a "watermaster" to govern aquifer issues.

Both Coachella Valley Water District and Desert Water Agency officials oppose such a move, stating it could potentially throw into uncertainty future water supplies for growth and development, and could lead to protracted and costly further litigation.

 

La Quinta city officials have also raised concerns. In a recent memo to City Council members, City Attorney Katherine Jenson examined the Indio-CVWD lawsuits and how they could affect La Quinta.

 

She concluded that despite Indio's assertions, its cross-complaint appears to seek adjudication of all groundwater users in the basin.

 

"The city has at least some reason to be concerned, due primarily to the uncertainty the litigation has created … this litigation could seriously impact large development projects," a portion of Jenson's memo states.

 

Said Smith, "The adjudication of the basin has never been a goal of the city of Indio."

 

As the valley's oldest and most experienced water manager, CVWD has for decades managed a comprehensive groundwater management program that benefits the entire valley, Robbins said.

 

"The city of Indio's refusal to participate in and support regional groundwater management programs is putting the long-term viability of the valley's groundwater supply in jeopardy and placing the burden on water users in every other city throughout the valley," he said.#

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