Quantification Settlement Agreement ruling temporarily suspended
By: Elizabeth Varin

The Quantification Settlement Agreement will continue on as usual as the California Appellate Court approved a temporary stay, giving both sides time to prepare for future litigation.

The QSA is a collection of agreements that transfers conserved agricultural water from the Imperial Irrigation District to the San Diego County Water Authority, the Metropolitan Water District and the Coachella Valley Water District. It was formally invalidated by the California Superior Court on Feb. 11 and was appealed to the state’s Appellate Court on March 1.

It was really at the county’s request to have a stay so that it could have more time to make its opposition to the Imperial Irrigation District’s request to have a more permanent suspension of the Superior Court decision, Imperial County Counsel Michael Rood said.

“Otherwise the county was under a time crunch of getting its response done by next week,” he said.

While the county isn’t opposed to having a stay on the ruling while litigation continues, it should have some measures put in place to protect public health as the law suit continues, Rood said. Basically, that’s what the opposition that they have to submit by April 1 will say.

Once the county’s opposition is in, IID will have 15 days to submit a response, and then the appeals process will begin, he said.

The stay, a court order preventing further action until a future event occurs or the order is lifted, could last until mid-April, IID General Counsel Jeffrey Garber said. At that point, the Appellate Court could decide to continue the stay or could decide on the issue. It’s up to the court.

“It’s not the end,” he said. “It’s a stay.”

Holding off on invalidating the QSA will not only keep water going to other areas, he said; the QSA, a set of 35 agreements signed in fall 2003, also keeps chaos from happening as it involves many agencies agreeing to water rights on the Colorado River.

“It’s been OK for seven years,” he said. “They can stay a little more.”

It’s good news for everyone in favor of the QSA, IID Director John Pierre Menvielle said. Though there is more work that still needs to be done, the stay will allow them to move forward and “get more ducks in order,” he said.

The extra time gives them more time to get a permanent stay in order to fix the QSA to help mitigate the problems with the Salton Sea, he said, referring to the article of the QSA that was ultimately the reason it was invalidated. Things are looking good and moving forward, he said.

IID Director Stella Mendoza agreed the decision is a benefit to the IID.

“It’s good for the district and good for the Valley,” she said.