HomeMy WebLinkAboutLtr-Agua Calient Cahuilla Indians Lawsuit vs CVWD & DWAAttachment (as noted)
CITY OF PALM DESERT
CITY ATTORNEY'S OFFICE
STAFF REPORT
REQUEST: CONSIDERATION OF PRIOR RECOMMENDATION TO FORWARD
CORRESPONDENCE TO AGUA CALIENTE BAND OF
CAHUILLA INDIANS REGARDING LAWSUIT AGAINST CVWD AND
DWA.
SUBMITTED BY: David J. Erwin, City Attorney
DATE: August 22, 2013
CONTENTS: • Staff Report
• Draft July 12, 2013, Letter to Chairman, Agua Caliente Band of
Cahuilla Indians
Recommendation
1) Consider whether or not to send subject letter based upon current
discussions.
2) If it is determined to go ahead, by Minute Motion, authorize the letter to be
signed by the Mayor Pro Tem.
Background
The City's Legislative Review Committee recommended the City send a letter to Agua
Caliente Tribal Chair Jeff Grubbe, respectfully requesting that they drop the lawsuit and
work with the Coachella Valley Water Agencies. This item was on the July 11, 2013,
Council Agenda Consent Calendar and approved by Council at that time. Subsequent to
July 11, 2013, City Council Meeting approval, it was determined that the Mayor has a
potential conflict and should not participate in the discussion nor sign the letter if it is to be
sent. The local newspaper, in their article prior to Council action, provided all information
from the prior staff report to the public and the Tribe, so the conveyance of all prior
information has been done. Because The Desert Sun obtains a Council packet the Friday
before the meeting, it posted the letter. Therefore, the Tribe was provided with a copy of
the attached, unsigned letter.
Submitted by:
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staff to amend the draft
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July 12, 2013
Mr. Jeff L. Grubbe, Chairman
Agua Caliente Band of Cahuilla Indians
5401 Dinah Shore Drive
Palm Springs, California 92264
Dear Chairman Grubbe:
On behalf of the Palm Desert City Council, I urge you to end your lawsuit against the
Desert Water Agency (DWA) and the Coachella Valley Water District (CVWD).
We support an end to this lawsuit because it is creating great uncertainty about the
future of our region's water supply. Such uncertainty threatens the prosperity of
Coachella Valley residents, businesses, and the region's economy as whole.
While we respect your tribe's position in this matter, the Coachella Valley's groundwater
belongs to the public and should not be restricted by any single group. The lawsuit
appears to threaten the public's future access to water, as it does not clearly identify the
amount of water that your tribe desires or what you wish to do with it.
We hope that all involved parties can initiate an open dialogue on the issues and work
through the Integrated Regional Water Management Plan, or a modified plan with tribal
input, to chart the future of our water supply. It is only through such open and respectful
collaboration that we all can truly prosper.
Thank you for your consideration in this matter. Please feel free to contact me should
you wish to discuss this issue further or if the City or I can be of any assistance.
Sincerely,
JAN C. HARNIK
MAYOR
cc: City Council
John M. Wohlmuth, City Manager
Jim Barrett, General Manager, Coachella Valley Water District
David K. Luker, Desert Water Agency