Does The Agua Caliente Tribe Have Rights To Groundwater?

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Publish Date:
October 20, 2016
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Source:
The Desert Sun (Palm Springs, California)
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Summary

Lawyers for the Coachella Valley’s largest water districts and the Agua Caliente Band of Cahuilla Indians presented their arguments to a federal appeals court in a water rights case that could set a precedent for tribes across the country.

The case hinges on the question of whether the Agua Caliente tribe holds a federally granted “reserved right” to groundwater beneath its reservation in Palm Springs and surrounding areas.

State supreme courts in Wyoming and Arizona have previously ruled on similar cases and have reached different conclusions, said Barton “Buzz” Thompson, Jr., a Stanford University law professor and water expert who isn’t involved in the Agua Caliente case.

“This is a very important case on an issue which is still, surprisingly in some ways, unresolved,” Thompson said. “This potentially could be a case that could go all the way to the U.S. Supreme Court.”

Thompson said he thinks the tribe has the stronger legal argument.

“There is a recognition today, that more and more states have built into their law, that there is really no difference between surface water and groundwater,” he said. “It is one hydrologic system.”

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