Federal Court Orders Agua Caliente Indian Reserved Water Rights Case to Phase II

Here is the order in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District (C.D. Cal.):

Doc 180 Order. Granting Plaintiff’s Motion to Lift Stay and Proceed with Phase (IN CHAMBERS) 

Ninth Circuit Rules in Favor of Agua Caliente Reserved Groundwater Claims

Here is the opinion in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District:

CA9 Opinion

 

An excerpt:

The Coachella Valley Water District (“CVWD”) and the Desert Water Agency (“DWA”) (collectively, the “water agencies”) bring an interlocutory appeal of the district court’s grant of partial summary judgment in favor of the Agua Caliente Band of Cahuilla Indians (the “Tribe”) and the United States. The judgment declares that the United States impliedly reserved appurtenant water sources, including groundwater, when it created the Tribe’s reservation in California’s arid Coachella Valley. We agree. In affirming, we recognize that there is no controlling federal appellate authority addressing whether the reserved rights doctrine applies to groundwater. However, because we conclude that it does, we hold that the Tribe has a reserved right to groundwater underlying its reservation as a result of the purpose for which the reservation was established.

Briefs here.

Ninth Circuit Briefs in Agua Caliente Band Water Rights Case

Here are the briefs in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District:

Water Districts Opening Brief

Agua Caliente Brief

US Briefpdf

2016-02-18 – Dkt 035-1 – Brief Amicus Curiae of the SCA Tribal Chairmen’s Association, et al. in Support of Appellees

2016-02-18 – Dkt 036 – Brief of Amici Curiae Law Professors in Support of Appellee

Reply

Lower court materials here, here, and here.

Update in Agua Caliente Band v. Coachella Valley Water District

Briefs filed by the Tribe and the United States to obtain summary judgment on the water districts’ equitable defenses asserted in response to the Tribe’s claim for a declaration of its federally reserved rights to groundwater.

Here:

2015-09-18 – Dkt 137 – US Notice and Motion for Partial Summary Judgment…

2015-09-18 – Dkt 138 – ACBCI Notice and Motion for Partial Summary Judgm…

Prior materials here.

Update in Agua Caliente Water Rights Case — Materials re Petition to Appeal to CA9

Here:

2015-03-16 – Phase 1 summary judgment earing transcript (original)

2015-04-13 – Dkt 10-1 – ACBCI Answer to Petition

Petition for Permission to Appeal-c2

US.answer

Previous post here.

Agua Caliente Band Prevails on Winters-Based Water Rights Claim; Aboriginal Title Claim Denied

Here is the order in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District (C.D. Cal.):

115 DCT Order

Briefs are here, here, and here.

 

Reply Briefs in Agua Caliente Water Rights Case

Here are the new materials in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District (C.D. Cal.):

2015-01-09 – Dkt 104 – US Reply in Support of Phase I Motion for Summary Judgment

2015-01-09 – Dkt 105 – CVWD Reply to Opp by ACBCI to CVWD Phase I Motion for Summary Judgment

2015-01-09 – Dkt 106 – CVWD Reply to Opp vy US to CVWD Phase I Motion for Summary Judgment

2015-01-09 – Dkt 107 – DWA Reply to ACBCI Opposition to DWA Motion for Summary Judgment

2015-01-09 – Dkt 108 – DWA Reply to US Opposition to DWA Motion for Summary Judgment

2015-01-09 – Dkt 109 – ACBCI Reply to DWA Brief in Opp to ACBCI Motions for Summary Judgment on Phase I Issues

2015-01-09 – Dkt 110 – ACBCI Reply to CVWD Brief in Opp to ACBCI Motions for Summary Judgment on Phase I Issues

Response briefs are here.

Opening briefs are here.

Update in Agua Caliente Water Rights Suit — Responsive Pleadings to Cross-Motions for Summary Judgment

Here is the latest round of pleadings in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District (C.D. Cal.):

2014-12-05 – Dkt 092-00 – CVWD Opposition to ACBCI and US Motions for Summary J

2014-12-05 – Dkt 093 – US Opposition to CVWD Motion for Summary Judgment

2014-12-05 – Dkt 094 – US Opposition to DWA Motion for Summary Judgment

2014-12-05 – Dkt 095 – DWA Opposition to ACBCI Motion for Summary Judgment

2014-12-05 – Dkt 096 – DWA Opposition to US Motion for Summary Judgment

2014-12-05 – Dkt 097-00 – ACBCI Opposition to CVWD Motion for Summary Judgment

2014-12-05 – Dkt 098-00 – ACBCI Opposition to DWA Motion for Summary Judgment

Cross-motions are here.