Accord Proposed in Water Dispute With Indians

A tentative settlement that would end a bitter and costly water-rights battle between five Indian bands and two North County water districts has been hammered out after years of bargaining, Rep. Ron Packard announced Monday.

Attorneys representing parties to the 17-year-old war over the rights to San Luis Rey River water met in San Diego Friday and agreed in principle to terms that, if approved, would end the suit against the Vista and Escondido water districts by the Indians over an 1891 water treaty.

The agreement calls for the federal government to supply the Indians with 20,000 acre-feet of surplus Northern California water annually and for the two water districts to share local water supplies equally with the five Mission Indian bands. (An acre-foot of water is about 326,000 gallons.)

“We’ve cleared the first significant hurdle to final resolution of this dispute,” said Packard, a Carlsbad Republican who in August formed a task force that negotiated the pact. “It is now up to the local (water) boards to consider and approve this agreement. After that, I will be ready to introduce legislation to ensure federal participation in the agreement, which I am confident will solve this long-term problem.”

Although spokesmen for the Indians and the water districts heralded the settlement as a major step forward, they cautioned that the accord is far from final. The settlement must be approved by the two North County water boards; the membership of each Indian band; the Escondido City Council; the San Diego County Water Authority; the Metropolitan Water District, and the state Department of Water Resources.

Then, Congress must approve Packard’s legislation calling for allocation of the surplus water, part of more than 1 million acre-feet of federally controlled water in the Sacramento-San Joaquin Delta.

“This is a major breakthrough, and it’s a fair agreement that I can recommend without hesitation to my clients,” said Robert Pelcyger, the Boulder, Colo., attorney representing the Indians. “But there are other pieces in this puzzle, and they are not yet in place. Two major things are getting an act of Congress and getting the water to the Indian reservations at an acceptable price.”

John Schell, attorney for the Vista Irrigation District, called the proposed settlement “fair and equitable for every party” and “a welcome solution to the lengthy dispute.” Schell said the terms would give the Indians both the water they need and the funds necessary to irrigate and develop 5,500 acres of agricultural land.

Don Lincoln, attorney for the Escondido Mutual Water Co. and the City of Escondido, called the federal offer to supply surplus water to the Indian bands “a key element to this entire agreement.”

Clyde Romney, chief aide to Packard and chairman of the congressman’s task force on the water war, said specifics of the agreement include:

- The five Indian bands will receive 20,000 acre-feet of unallocated water annually from the federal government’s supplies in Northern California. The Indians will pay to transport the water to San Diego County, which Schell estimated would cost $100 per acre-foot.

- Water from local sources, the object of the 1969 lawsuit, will be divided 50-50, with the Indians receiving half, and Vista and Escondido sharing the other half. The settlement further guarantees the Indians a minimum of 7,000 acre-feet of local water annually, regardless of the total amount available. Tribal leaders are free to use, sell or exchange the water at their discretion.

- Vista and Escondido will agree to maintain and operate the San Luis Rey water system and supply the Indians with their share of the water. In return, the Indians will give the North County districts 30% of the water transported from Northern California as a “payment in kind,” Romney said.

The lawsuit was filed in 1969 by the Pala, La Jolla, Rincon, San Pasqual and Pauma Indian bands, whose lands are north and east of Escondido. The litigation seeks $40 million in damages and control of the 88-year-old Escondido Canal, which carries water from the San Luis Rey River across Indian land to Lake Wohlford in Escondido. The Indians contend that that water, which constitutes about half of Escondido’s and Vista’s annual supply, was stolen from them.

A trial on the matter is scheduled to begin in November in federal court in San Diego, but Pelcyger said the litigation would be put on hold pending formal ratification of the settlement. To date, the legal battle has cost each side more than $3 million.

Pelcyger praised the proposed settlement and said that he has received “favorable response” to it from tribal leaders.

Metropolitan Water District spokesman Jay Malinowski said that directors will take a “wait and see” attitude toward the proposed settlement until they are certain that MWD would not be forced to expend district funds to deliver the water to the Indian bands.

Escondido City Council members and water board directors are scheduled to meet Wednesday morning to discuss the proposed agreement.