(Equitable Distribution Plan Repealed)…Imperial Irrigation District Directors took the action Tuesday.
The plan was originally adopted in 2013, and included a hybrid method of water apportionment that had a historical use component and a straight-line component. Michael Abatti filed a lawsuit challenging the plan in 2013. In August 2017 Judge Brooks Anderholt issued a statement of decision in the case. The IID was directed to repeal the EDP. The District appealed in September 2017. Abatti filed a notice of cross-appeal in October 2017. The Appellate Court denied both appeals, in effect returning to the original decision. The IID Directors Tuesday voted 4-0 to repeal the EDP, but said another appeal was being filed. The District says in the absence of an EDP, all IID water users continue to be subject to the requirement of reasonable and beneficial use of water under the California Constitution. IID continues to be subjected to the 3.1 million acre foot annual consumptive use cap under the Quantification Settlement agreement and the rule of the Federal Inadvertent Overrun and Payback Policy. Division Two Director abstained from voting on the repeal.