IID appeal in Abatti case to be discussed Tuesday

EL CENTRO — The Imperial Irrigation District last week filed a brief with the Fourth Appellate District with the California Court of Appeal in which it is challenging a prior court ruling that limited the district’s ability to implement a new water apportionment plan.

The matter has also been placed on the IID’s agenda for Tuesday’s Board of Directors under the information portion of the meeting.

Though the board will take no action, the IID legal team is expected to give the board a summary of the appeal filed, and a lengthy discussion on the topic is likely to take place.

Local farmer Michael Abatti sued the district in October 2013 over the IID’s Equitable Distribution Plan, which set a cap on the amount of water farmers could use per acre of land.

In August 2017, County Judge L. Brooks Anderholt ruled in favor of Abatti and directed the district to repeal the plan. The district filed for a stay of the judge’s ruling until the appellate court had time to review the case, but that motion was denied, forcing IID to repeal the EDP in February.

Local farm groups have asked IID to drop the appeal to avoid risk of a more damaging decision being made by the courts, but IID has sustained its argument

that the Superior Court ruling undermined its board’s authority.

IID’s brief argues the Superior Court usurped the IID’s board authority and undermined its role as trustee of the water rights for all water users within the district. It also

argues the previous ruling interferes with the IID’s obligations under the quantification settlement agreement.

Also on Tuesday’s agenda, the IID board will be discussing a proposal to create a subcommittee to investigate establishing a

more direct line of communication with water users, primarily agricultural groups.

During the April 24 board meeting, board members were skeptical of the proposal, but they ultimately agreed to have it brought back once it was

refined. The IID board of directors meeting is scheduled to take place tomorrow at the William Condit Auditorium in El Centro at 1 p.m.