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OUTLOOK
reservation has a total area of approximately 135,000 acres and includes considerable land which is without the drainage area of the Santa Margarita River.
In 2008 the Cahalla and Ramona Tribes intervened in the case and sued 22,135 landowners in Anza and Aguanga whose land overlies alluvium water reserves.
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A settlement has now been reached between the Tribes and the landowners and will be sent to the US Congress for approval. “We have reached a settlement with the tribes,” Miller said. “The settlement was reviewed by the Department of the Interior and it’s on the verge of going to the US Congress for their approval. Assuming Congress approves the settlement, it goes back to the District Court in San Diego and the judge opens it up for objections. So if anybody has a problem or objects to the settlement, that would be the opportunity to make those objections.”
According to Miller, the jurisdiction of the case depends on property locations. Those parcels on alluvial deposits - sand or gravel that hold subsurface water - are within the jurisdiction of the case. Those parcels completely on basement complex rock are excluded, he explained. Those include the 2,235 persons served by the tribes. The water rights agreement consists of two documents, which were hammered out over the last 15 years. The settlement agreement itself is about how the water gets divided and what all the conditions are and the second is the watermaster’s rules and regulations, Miller explained. In the agreement, Larry Minor’s Agri-Empire Anza landholdings will be purchased by the US government, in order for the historical water rights to be made available to the parties. The land will become part of the Cahuilla Indian Reservation.
Parcels owned by nonparticipating parties will receive a water right of 4 acre feet per year, or about 600 gallons per day. This applies to both vacant land and parcels with existing homes. Only wells capable of producing 10 acre-feet of water per year will be metered.
The agreement also enables a market to buy, sell and lease water rights within each group.
Terwilliger is not in the jurisdiction of the case, added Miller.
A Powerpoint chart revealed that the allocation of the water rights show the tribes getting about half; state, county and schools get a portion; the represented parties (those that joined forces and hired attorneys to represent them back in 2008) and the non-participating parties - those that did not have representation with the court and were in the case but did not hire an attorney; and supplemental uses, meaning the water rights belong to the Watermaster to allocate as he sees fit. The tribes use a lot less than their allocation, Miller said.
“One of the results of the settlement will be a sustainable groundwater management plan and a system through the Watermaster’s office to implement and manage that plan,” said Miller. “The United States Geological Survey has been conducting what they call an integrated hydrological model for the last number of years. The USGS and the Bureau of Reclamation have funded this study. The consensus is, for the purposes of the case, all the parties agree 6,341 acre feet per year can be sustainably withdrawn from the aquifer. Every parcel will end up having water rights. As a result of this case, at no cost to us, we’re going to have a state-of-theart model from the USGS.”
The studies will explore the relationships between the alluvial aquifers and the basement complex, a series of rocks generally with complex structure beneath the dominantly sedimentary rocks.
According to Wikipedia, alluvial deposits are loose clay, silt, sand or gravel that has been deposited by running water in a stream bed, on a floodplain, in an alluvial fan or beach, or in similar settings.
“My understanding is excessive water use will be identified by air photos and inspections,” aid Miller. “This is overseen by the Watermaster and he works for the US courts. It’s not the state, it’s a federal court.”
As far as Congressional approval of the settlement, Miller said, “I think it will happen this year.”
Audience members quickly asked about the future of the High Country Recreation ballfields and Lions Field, both properties owned by Larry Minor/Agri Empire. “Larry Minor said those properties and an additional 40 acres will be left out of the land sale,” Miller said. “However, nothing is in writing.”
Both Miller and Lanik fielded many questions from the audience as community members struggled to understand what the settlement meant for them. The two men agreed to speak again at the next AVMAC meeting in September.
“I just want to mention, as bad as all of this is, the alternative would be much worse if those who dipped into their bank accounts and funded the attorneys hadn’t stepped up,” said Anza resident Philip Canaday. “Remember that the government represents the tribes. So we really do need to thank all those who fought on our behalf. It’s not great, but it would have been worse.”
The meeting was adjourned at 7:30 p.m., with the next meeting planned for Wednesday, Sept. 3.
The Anza Community Hall is located at 56630 CA-371, Anza.
For more information, visit the AVMAC on Facebook at https://www.facebook.com/ AnzaValleyMAC.
To contact Riverside County Supervisor Chuck Washington’s office, please call (951)955-1030 or visit http:// supervisorchuckwashington.com/.
To learn more about the US vs Fallbrook Public Utility District case, please visit https://www.casd. uscourts.gov/casesofinterest/USAvs-Fallbrook-Public-Utility.aspx. For more information on Flock cameras, click www.flocksafety. com.
Diane Sieker can be reached by email at dsieker@reedermedia. com