California high court rejects Abatti petition

IMPERIAL — The Supreme Court of California decided on Wednesday that it will not review a Fourth District Court of Appeal ruling in an ongoing dispute between local farmer Michael Abatti and the Imperial Irrigation District.

Abatti’s attorney,

Cheryl Orr, petitioned the high court to examine the case in August, weeks after the appellate court overturned most of a 2017 Superior Court ruling against IID that linked water rights in the Valley to land ownership.

Abatti was sufficiently emboldened by Imperial County Superior Court Judge L. Brooks Anderholt’s 2017 ruling that he filed a contempt of court action against IID and its board in January for entering an agreement to provide additional water to a geothermal plant while the order from the lower court was in effect. Anderholt ruled against Abatti in that dispute.

What happens next is uncertain, as Abatti couldn’t be reached for comment.

IID, meanwhile, is thrilled with Wednesday’s decision.

“I am obviously pleased with the Supreme Court’s announcement that it will not be reviewing the appellate decision in this case,” said Board President Norma Sierra Galindo.

Galindo said she wants to thank her fellow board members for being on the side of the public, and staying with the complex litigation for as long as it took “to record this historic victory for the people.”

Galindo questioned what part of “no” Abatti does not understand.

“I don’t know if it will go to the U.S. Supreme Court, but he has the pocketbook to do so,” she said. We, and I mean all the water users, have prevailed. This is a landmark day for all the people of Imperial County, including agriculture.”

According to the state Supreme Court, she said the Fourth District Court of Appeals got it right when it found that the IID was the sole owner of the Imperial Valley’s water rights, and the people own the IID.

She said the state high court’s decision reaffirms what the district has always maintained.

“It affirms the role of Imperial County, (so that residents) will have a place to call home because we have water to continue to strive,” Galindo said.

“We are all water users in the Imperial Valley, not just as a result of this decision but because we are served by IID,” she added. “This is a great day for water rights, and people, in the Imperial Valley.”