(IID gets strong support in their appeal)….Two more Amicus Briefs have been filed supporting the District.
The Imperial Irrigation District is appealing a Superior Court Decision that favored Mike Abatti and Mike Abatti Farms. The litigations deals with control of the water in Imperial County. This month an Amicus was filed by the State Water Resources Control Board supporting the IID. Another was filed in support of the IID by the San Joaquin Tributaries Authority. The San Joaquin Brief said, in part, the Superior Court holding in this matter is contrary to existing law. They say attorneys failed to demonstrate the Equitable Distribution of Water resulted in injury to a water right. Furthermore, they say, the Superior court did not review IID’s action under the deferential arbitrary and capricious standard, but instead decided this matter based on what actions the Court would have taken. They said that is unlawful. They request the Superior Court decision be vacated. The Appeal is still before the Court of Appeal, Fourth Appellate District, Division one.