Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District, et al.
Overview
The Agua Caliente Band of Cahuilla Indians (Agua Caliente) filed a lawsuit against Desert Water Agency (DWA) and Coachella Valley Water District (CVWD) in 2013, claiming a senior reserved right to Coachella Valley groundwater – the local drinking water supply – and seeking a court declaration to limit DWA and CVWD efforts to replenish the groundwater supply with imported water from the Colorado River Aqueduct.
Current Status
For the last two years the parties have been in mediation. In 2015, a federal judge ruled that the Agua Caliente has a reserved right to utilize groundwater. However, in 2019, the judge also ruled that the Agua Caliente lacks legal standing (grounds to sue) on water quality or to quantify how much water Agua Caliente has a reserved right to use, due to failure to demonstrate harm resulting from DWA and CVWD operations. The Agua Caliente then filed an application to further amend its complaint to demonstrate damage to its reserved right.