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Rincon Band of Mission Indians v. City of Escondido

United States District Court, S.D. California

April 26, 2017

RINCON BAND OF MISSION INDIANS; and LA JOLLA BAND OF MISSION INDIANS, Plaintiffs,
v.
CITY OF ESCONDIDO (on its own behalf and as successor to the ESCONDIDO MUTUAL WATER COMPANY); JEFF B. SESSIONS, Attorney General of the United States; and RYAN ZINKE, Secretary, U.S. Department of the Interior, Defendants, PALA BAND OF MISSION INDIANS; PAUMA BAND OF MISSION INDIANS; SAN LUIS REY RIVER INDIAN WATER AUTHORITY; and SAN PASQUAL BAND OF MISSION INDIANS, Intervenors. UNITED STATES OF AMERICA, Plaintiff,
v.
CITY OF ESCONDIDO (as successor to the ESCONDIDO MUTUAL WATER COMPANY) and VISTA IRRIGATION DISTRICT, Defendants, PALA BAND OF MISSION INDIANS; PAUMA BAND OF MISSION INDIANS; SAN LUIS REY RIVER INDIAN WATER AUTHORITY; and SAN PASQUAL BAND OF MISSION INDIANS, Intervenors. RINCON BAND OF MISSION INDIANS and LA JOLLA BAND OF MISSION INDIANS, Plaintiffs,
v.
VISTA IRRIGATION DISTRICT, Defendant, PALA BAND OF MISSION INDIANS; PAUMA BAND OF MISSION INDIANS; SAN LUIS REY RIVER INDIAN WATER AUTHORITY; and SAN PASQUAL BAND OF MISSION INDIANS, Intervenors.

          FINDINGS AND ORDER GRANTING MOTION FOR APPROVAL OF SETTLEMENT AND DISMISSAL OF CLAIMS

          Hon. William Q. Hayes United States District Court

         Findings of Fact

         The Court finds that:

         1. The parties to this litigation have reached a settlement of these consolidated cases that requires the approval of this Court.

         2. The terms of that settlement are set forth in three documents now before this Court for approval pursuant to section 104(2) of the San Luis Rey Indian Water Rights Settlement Act of 1988 (Public Law No. 100-675, 102 Stat. 4000) (the “Settlement Act”), as amended:

1. The settlement agreement among all the parties dated January 30, 2015, and amended on August 29, 2016 (“Settlement Agreement”), an agreement that Congress approved and ratified in section 3605(a) of Public Law No. 114-322 (December 16, 2016);
2. The agreement among all the parties except the United States dated December 5, 2014 (“Implementing Agreement”), an agreement that Congress found to conform to the requirements of the Settlement Act, see Pub. Law No. 114-322, § 3605(a) (December 16, 2016); and
3. The stipulation filed with this Court on January 19, 2017 (“Stipulation”).[1]

         3. The Settlement Agreement and the Stipulation, entered into by all the parties, and the Implementing Agreement, entered into by all parties other than the United States, provide for the final and complete resolution of all claims, controversies, and issues asserted, or subject to assertion, in these consolidated actions, in fulfillment of Section 104 of the Settlement Act.

         4. The Settlement Agreement provides fair and reasonable terms for the resolution of the matters addressed therein.

         5. The Implementing Agreement provides fair and reasonable terms for the use by the parties thereto of Local Water and Supplemental Water (as those terms are defined in the Settlement Agreement), and for financial and other consideration among the parties thereto.

         6. All parties understand and agree with the terms of the Settlement Agreement and the Stipulation, and all parties to the Implementing Agreement understand and agree with its terms, and all parties represent that they have received adequate legal representation in reaching these terms.

         Order

         The parties' joint motion for approval of the settlement and dismissal of ...


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