Water agency seeks to join Agua Caliente Band taxation lawsuit

A water agency in southern California is seeking to join a taxation lawsuit filed by the Agua Caliente Band of Cahuilla Indians.

The tribe is suing Riverside County to block the collection of a possessory interest on the reservation. The lawsuit cites a Bureau of Indian Affairs regulation that says local governments cannot imposes taxes on Indian land.

The Desert Water Agency challenged the regulation in a lawsuit against the BIA in 2013. A federal judge, however, dismissed the case last month.

The agency plans to appeal. In the meanwhile, it has asked a federal judge for permission to join the tribe's suit.

“Desert Water Agency is very concerned about this lawsuit -- it may exempt certain customers from paying for water service, requiring everyone else to pick up the difference. By intervening in this case, we will be able to actively protect our customers from what we believe is an ill-conceived federal rule," Craig Ewing, the president of the agency's board of directors, said in a press release.

Get the Story:
Desert Water Agency asks judge to join Agua Caliente suit against county (The Palm Springs Desert Sun 2/20)

Federal Register Notice:
Residential, Business, and Wind and Solar Resource Leases on Indian Land (December 5, 2012)

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