Case 5:13-cv-00883-JGB-SP Document 39 Filed 07/08/13 Page 1 of 23 Page ID #:137 1 STEVEN 2. A22OTT 6S2N 1252707 sa,,ott8redwineandsherrill.com 2 9ERA-D D. SHOAF 6S2N 410847 3 gshoaf8redwineandhserrill.com REDWINE AND SHERRI-- 4 ATTORNEYS AT -AW 5 1950 0ARKET STREET RIVERSIDE CA 92501 6 PHONE 69517 684-2520 7 FACSI0I-E 69517 684-9583 8 Attorneys for Defendants 9 COACHE--A VA--EY WATER DISTRICT FRANZ DE K-OTZ ED PACK 10 (OHN POWE-- (R. PETER NE-SON 11 and DE2I -IVESAY in their official capacities as mem,ers of the 2oard of 12 Directors of the COACHE--A VA--EY 13 WATER DISTRICT 14 UNITED STATES DISTRICT COURT 15 CENTRA- DISTRICT OF CA-IFORNIA A EASTERN DIVISION 16 17 A9UA CA-IENTE 2AND OF 7 CASE NO.C ED CV 13-00883 (92-6SPD7 18 CAHUI--A INDIANS 7 19 7 Plaintiff 7 ANSWER OF DEFENDANTS 20 .s. 7 COACHE--A VA--EY WATER 21 7 DISTRICT FRANZ DE K-OTZ ED COACHE--A VA--EY WATER 7 PACK (OHN POWE-- (R. PETER 22 DISTRICT FRANZ DE K-OTZ ED 7 NE-SON and DE2I -IVESAY in their 23 PACK (OHN POWE-- (R. PETER 7 official capacities as mem,ers of the 2oard NE-SON and DE2I -IVESAY in their 7 of Directors of the COACHE--A 24 official capacities as mem,ers of the 2oard 7 VA--EY WATER DISTRICT TO 25 of Directors of the COACHE--A 7 CO0P-AINT VA--EY WATER DISTRICTB DESERT 7 26 WATER A9ENCYB PATRICIA 9. 7 27 OY9AR THO0AS KIE-EY III (A0ES 7 CIOFFI CRAI9 A. EWIN9 and (OSEPH 7 28 -1- Answer of Coachella Valley Water District Franz De Klotz Ed Pack (ohn Powell (r. Peter Nelson & De,i -i.esay in their official capacities as 0em,ers of CVWD 2oard of Directors Case 5:13-cv-00883-JGB-SP Document 39 Filed 07/08/13 Page 2 of 23 Page ID #:138 1 K. STUART in their official capacities as 7 mem,ers of the 2oard of Directors of the 7 2 DESERT WATER A9ENCY 7 3 Defendants. 7 4 5 6 Defendants COACHE--A VA--EY WATER DISTRICT 6ECVWDF7 FRANZ 7 DE K-OTZ ED PACK (OHN POWE-- (R. PETER NE-SON and DE2I -IVESAY 8 in their official capacities as mem,ers of the 2oard of Directors of the COACHE--A 9 VA--EY WATER DISTRICT 6collecti.ely EDefendantsF7 for themsel.es and no 10 others answer the Complaint for Declaratory and InGuncti.e Relief and admit deny and 11 allege as followsC 12 13 JURISDICTION AND VENUE 14 15 1. In answer to Paragraph 1 su,Gect to the limitations on Gurisdiction under 28 16 U.S.C. I 2409a su,. 6a7 and 43 U.S.C. I 666 Defendants admit that this Court has 17 Gurisdiction o.er the action under 28 U.S.C. II 1331 and 1362. EDcept as eDpressly 18 admitted Defendants deny each and e.ery allegations of Paragraph 1. 19 2. In answer to Paragraph 2 Defendants admit that .enue in this Court is 20 appropriate under 28 U.S.C. I 13916,7. 21 22 NATURE OF THE ACTION 23 24 3. In answer to Paragraph 3 Defendants deny each and e.ery allegation of 25 Paragraph 3. 26 /// 27 /// 28 /// -2- Answer of Coachella Valley Water District Franz De Klotz Ed Pack (ohn Powell (r. Peter Nelson & De,i -i.esay in their official capacities as 0em,ers of CVWD 2oard of Directors Case 5:13-cv-00883-JGB-SP Document 39 Filed 07/08/13 Page 3 of 23 Page ID #:139 1 DESCRIPTION OF THE ISSUE 2 3 4. In answer to Paragraph 4 Defendants deny that the Tri,e and its mem,ers 4 ha.e a,original rights to the surface water and groundwater resources of the Valley. 5 Defendants are without knowledge or information sufficient to form a ,elief as to the 6 truth of the remaining allegations of Paragraph 4 and ,asing their denial thereon deny 7 the remaining allegations of Paragraph 4. 8 5. In answer to Paragraph 5 Defendants admit that the Agua Caliente 9 Reser.ation was esta,lished on 0ay 15 1876 ,y the EDecuti.e Order of President 10 Ulysses S. 9rant from land in the Coachella Valley and that the reser.ation was 11 su,sequently eDpanded through the EDecuti.e Order of President Rutherford 2. Hayes of 12 Septem,er 29 1877. EDcept as eDpressly admitted Defendants are without knowledge or 13 information sufficient to form a ,elief as to the truth of the allegations of Paragraph 5 14 and on that ,asis deny each and e.ery allegation of Paragraph 5. 15 6. Paragraph 6 alleges legal conclusions to which no answer is required. To 16 the eDtent an answer is required Defendants deny each and e.ery allegation of Paragraph 17 6. 18 7. Paragraph 7 alleges legal conclusions to which no answer is required. To 19 the eDtent an answer is required Defendants deny each and e.ery allegation of Paragraph 20 7. 21 8. In answer to Paragraph 8 Defendants deny each and e.ery allegation of 22 Paragraph 8. 23 24 PARTIES 25 26 9. In answer to Paragraph 9 Defendants are without knowledge or information 27 sufficient to form a ,elief as to the truth of the allegations of Paragraph 9 and ,asing 28 their denial thereon deny each and e.ery allegation of Paragraph 9. -3- Answer of Coachella Valley Water District Franz De Klotz Ed Pack (ohn Powell (r. Peter Nelson & De,i -i.esay in their official capacities as 0em,ers of CVWD 2oard of Directors Case 5:13-cv-00883-JGB-SP Document 39 Filed 07/08/13 Page 4 of 23 Page ID #:140 1 10. In answer to Paragraph 10 Defendants admit and allege that CVWD is a 2 pu,lic agency of the State of California organized and eDisting pursuant to the County 3 Water District -aw of the State of California Water Code section 30000 et seq. and the 4 Coachella District 0erger -aw Water Code section 33100 et seq. to eDercise the 5 powers conferred therein with its principal place of ,usiness located in Coachella 6 Ri.erside County State of California. Defendants admit that CVWD was formed in 7 1918 that its ser.ice area co.ers approDimately 1 000 square miles that CVWD has 8 de.eloped more than 100 groundwater wells within its ser.ice area and eDtracts 9 groundwater annually for distri,ution to its inha,itants and that it uses a.aila,le storage 10 capacity in the groundwater ,asins underlying the Coachella Valley to store imported 11 Colorado Ri.er water without compensation to the Tri,e. EDcept as eDpressly admitted 12 Defendants deny each and e.ery allegation of Paragraph 10. 13 11. In answer to Paragraph 11 Defendants admit that Defendants Franz De 14 Klotz Ed Pack (ohn Powell (r. Peter Nelson and De,i -i.esay are mem,ers of the 15 2oard of Directors of Defendant CVWD and that they are sued solely in their official 16 capacities as directors of CVWD. EDcept as eDpressly admitted Defendants deny each 17 and e.ery allegation of Paragraph 11. 18 12. In answer to Paragraph 12 Defendants admit the first two sentences of 19 paragraph 12 and that DWA has de.eloped approDimately 29 wells and eDtracts water 20 annually from the Upper Portion of the Whitewater Ri.er Su,,asin and that DWA 21 imports Colorado Ri.er water into the groundwater ,asin located in its ser.ice area 22 without compensation to the Tri,e. EDcept as eDpressly admitted Defendants deny each 23 and e.ery allegation of Paragraph 12. 24 13. In answer to Paragraph 13 Defendants admit that Patricia 9. Oygar Thomas 25 Kieley III (ames Cioffi Craig A. Ewing and (oseph K. Stuart are mem,ers of the 2oard 26 of Directors of Defendant DWA and that they are sued solely in their official capacities 27 as directors of DWA. EDcept as eDpressly admitted Defendants deny each and e.ery 28 allegation of Paragraph 13. -4- Answer of Coachella Valley Water District Franz De Klotz Ed Pack (ohn Powell (r. Peter Nelson & De,i -i.esay in their official capacities as 0em,ers of CVWD 2oard of Directors Case 5:13-cv-00883-JGB-SP Document 39 Filed 07/08/13 Page 5 of 23 Page ID #:141 1 FACTS 2 14. In answer to Paragraph 14 Defendants are without knowledge or 3 information sufficient to form a ,elief as to the truth of the allegations of Paragraph 14 4 and ,asing their denial thereon deny each and e.ery allegation of Paragraph 14. 5 15. In answer to Paragraph 15 Defendants are without knowledge or 6 information sufficient to form a ,elief as to the truth of the allegations of Paragraph 15 7 and ,asing their denial thereon deny each and e.ery allegation of Paragraph 15. 8 16. In answer to Paragraph 16 Defendants are without knowledge or 9 information sufficient to form a ,elief as to the truth of the allegations of Paragraph 16 10 and ,asing their denial thereon deny each and e.ery allegation of Paragraph 16. 11 17. In answer to Paragraph 17 Defendants admit that in 1876 ,y EDecuti.e 12 Order of President Ulysses S. 9rant the Agua Caliente Reser.ation was esta,lished in 13 the Coachella Valley and that in 1877 President Hayes issued another EDecuti.e Order 14 reser.ing additional lands for the Tri,e.