Colorado Gov. Jared Polis has signed off on increased funding for water development projects that state officials regard as critical to meet growing demands. But the state’s plans to secure more water from rivers here are colliding with the hotter, drier climate that’s hammering the Southwest, where Colorado River reservoirs are at record-low levels.
Along the California-Oregon border, the Klamath Basin is in the midst of a record drought, pitting farmers against native tribes with historic water rights who are trying to protect endangered fish.
The U.S. Supreme Court on Monday unanimously declined a petition by Imperial Valley farmer Michael Abatti claiming he and a handful of other agricultural landowners, not the Imperial Irrigation District, held senior rights to Colorado River water that nearly 40 million people across the West depend on.
The decision likely is the last stop for a torturous legal battle that dates back to 2013. As the law stands, farmers have a guaranteed right to water delivery but not a special claim above other users like homes and geothermal plants.
Water levels in the Colorado River are a lot lower than normal reducing the water coming into Lake Powell and Lake Mead, according to the Bureau of Reclamation. The level of water in the lake determines how much water will be delivered in the region.
“The reclamation who oversees the operation for the river is forecasting a shortage on the river for next year,” said Kelly Rodgers with the San Diego County Water Authority. “They are predicting a shortage in 2022.”
Rodgers said states such as Arizona and Nevada will see the difference, but not as much in California because agencies such as SDCWA have taken steps to diversify their water supply and have built storage reservoirs and other facilities.
Imperial Valley grower, landowner and former elected official Michael Abatti has responded to the Imperial Irrigation District’s official filing in his U.S. Supreme Court petition. The official response was filed sometime Monday, June 7. In March, Abatti filed for a “writ of certiorari” with the U.S. Supreme Court seeking review of the California Court of Appeal, Fourth Appellate District’s decision in Abatti v. Imperial Irrigation District, to which the district was ordered by the High Court to provide a formal response last month.
The Imperial Irrigation District Board of Directors adopted a resolution Tuesday, June 1, to better serve IID’s Coachella Valley energy customers and better protect Imperial Valley’s water rights, according to a press release.
The Imperial Irrigation District has filed its initial response to Imperial Valley grower, landowner and former elected official Michael Abatti’s U.S. Supreme Court case.
Abatti filed a petition for “writ of certiorari” with the U.S. Supreme Court seeking review of the California Court of Appeal, Fourth Appellate District’s decision in Abatti v. Imperial Irrigation District.
In today’s Home Grown, a local lawsuit over ownership of the Colorado River water might be taken higher to the U.S. Supreme Court. The Michael Abatti versus the Imperial Irrigation District (IID) lawsuit has been ongoing in the valley, disputing over whether water rights belong to the landowners or if they are controlled by the IID.
In what amounted to a routine request for more information, the clerk of the United States Supreme Court requested the Imperial Irrigation District to file a response to Michael Abatti’s petition for certiorari on Monday, April 26, according to a press release.
The following day, the Imperial County Farm Bureau issued a press release incorrectly suggesting that the US Supreme Court is concerned that the California Appellate Court’s ruling on the Abatti case would deprive Imperial Valley residents of water.
Among other things, the Farm Bureau’s statement and brief filed with the court suggested that Imperial Valley’s water rights are property rights enjoyed by those who own agricultural land and described doomsday scenario consequences if the Supreme Court does not intervene to create private property rights to water where none exist, according to the release.
The Navajo Nation can pursue its lawsuit seeking to force the federal government to secure water from the Colorado River for the reservation, the Ninth Circuit said Wednesday, reversing a lower court’s dismissal of the tribe’s breach of trust claim.
The tribe doesn’t seek a judge’s determination of its rights to the river, which the Interior Department says would fall under the Supreme Court’s original jurisdiction, according to the U.S. Court of Appeals for the Ninth Circut.
