HomeMy WebLinkAboutLegislative Review - Agua Caliente Band of Cahuilla Indians - CVWD LawsuitREQUEST:
SUBMITTED BY:
DATE:
CONTENTS:
Recommendation
CITY OF PALM DESERT
OFFICE OF THE CITY MANAGER
STAFF REPORT
APPROVE THE PALM DESERT LEGISLATIVE REVIEW
COMMITTEE'S RECOMMENDATION TO DRAFT
CORRESPONDENCE CONCERNING THE AGUA CALIENTE BAND
OF CAHUILLA INDIANS' LAWSUIT AGAINST THE CVWD & DWA
AND THE ESTABLISHMENT OF CPUC RULES FOR VIDEO
FRANCHISE HOLDERS
Stephen Y. Aryan, Risk Manager
June 13, 2013
Sample Correspondence
By Minute Motion, approve sending letters to the Agua Caliente Band of Cahuilla Indians
and CPUC concerning separate matters as outlined in this report.
Committee Recommendation
On June 26, 2013, the Palm Desert Legislative Review Committee recommended that the
City Council approve sending correspondence related to (1) the Agua Caliente Band of
Cahuilla Indians Lawsuit concerning water rights and (2) the establishment of CPUC Rules
for video franchise holders.
Background
The Palm Desert Legislative Review Committee recommended that the City of Palm
Desert send correspondence on the following items:
AGUA CALIENTE LAWSUIT
The Agua Caliente Band of Cahuilla Indians recently sued the Coachella Valley Water
District (CVWD) and the Desert Water Agency (DWA) to restrict them from withdrawing
groundwater from the aquifer in the western Coachella Valley and recharging the aquifer
without first treating the water.
The Tribe indicated that the lawsuit was enacted to declare the existence of their water
rights as the senior rights in the Coachella Valley under federal law, to quantify these
rights, and to prevent CVWD and DWA from further impairing the quantity/quality of water
in the aquifer.
Both water agencies contend that if the lawsuit is successful, water rates could increase
through unnecessary treatment costs and alternative water purchases. Staff recommends
sending a letter to the Agua Caliente Band of Cahuilla Indians outlining the City's
concerns, as this lawsuit and subsequent litigation will have a negative impact on the local
economy.
Staff Report: Legislative Review Committee Recommendations
July 11, 2013
Page 2 of 2
CPUC RULEMAKING
The California Public Utilities Commission (CPUC) recently initiated a proceeding to
establish the rules that holders of state video franchise (such as Time Warner Cable,
Verizon, and others) must follow to obtain renewal of their franchises issued pursuant to
the Digital Infrastructure and Video Competition Act of 2006 (DIVCA).
It is anticipated that the industry will advocate for a streamline and cursory renewal
process. However, local governments have the opportunity to recommend renewal
procedures that ensure local needs and interest are satisfied.
This instance may be the only opportunity for local governments to establish a framework
that provides for effective enforcement of DIVCA. Staff recommends sending a letter to the
CUPUC outlining the City's concerns and recommendations on this matter.
Fiscal Analysis
There is no direct fiscal impact related to the City's submitting correspondence on these
separate matters.
Submitted By:
Stephen YfAryan, Ris�Jf IC�a ger
Approval:
hn M. Wohlmuth, City Manager
CITY COUNCIL ACTION
APPROVED DENTED
RECEIVED OTHER
MEETING
AYES:
NOES:
ABSENT:
ABSTAIN:
VERIFI Ef)
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File with City ClerW)ffice
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