Indians Accuse Vista, Escondido Agencies of Reneging on Water Pact

The long-awaited water-rights agreement between two North County water agencies and five Indian bands, tentatively struck in June, may be collapsing because of a new condition sought by the water agencies, it was disclosed Tuesday.

At issue is a proposal by the Vista Irrigation District and the Escondido Mutual Water Co. that the five North County Indian bands share in the cost of maintaining and operating a water well field and a canal that brings water from the base of Palomar Mountain to the two North County cities.

That proposal was not contained in the tentative agreement announced in June, leading Indian leaders on Tuesday to declare that the two water agencies have reneged on the earlier tentative agreement. That amendment to the settlement could cost the Indians more than $300,000 a year that was not included in the June accord, officials say.

Furthermore, the agencies want to buy surplus Indian water at 25% less than the rate charged by the Metropolitan Water District, even though the June agreement called for discounts of 5% to 20%, depending on the amount purchased. That new provision could cost the Indians an additional $250,000 or more annually in lost revenue, they said.

Combined, the added costs and loss of revenue would amount to about 20% of what the Indians stood to gain under the June agreement.

“We tried so hard to come out with something workable in June . . . and now they’re saying they have other ideas,” said Henry Rodriguez, chairman of the San Luis Rey Indian Water Authority, which represents the La Jolla, San Pasqual, Rincon, Pala and Pauma Indian bands along the river valley. “Now we’re saying, hey, wait a minute--we had something going.”

Officials with the Vista and Escondido water agencies say the participation of the Indians in helping to pay for the canal is necessary if the two water agencies are to come to their own agreement about how to share the cost of operating and maintaining the canal system.

Attorneys for the two water agencies emphasized on Tuesday that the June agreement was tentative, subject to negotiations between Vista and Escondido on how to settle their own differences in sharing the cost of the water delivery system. The tentative pact agreed to on Saturday by attorneys for Vista and Escondido has settled those differences--but necessitates the financial cooperation of the Indians, the attorneys say.

But Robert Pelcyger, the Indians’ attorney, said the water agencies’ proposal is an attempt to reopen negotiations “after we had already reached an agreement in principle that was signed, sealed and delivered. We had already gone through the counterproposal stage; this is an effort to totally undo the June agreement. We’re frustrated, disappointed and angry.”

The Indians filed their lawsuit against Escondido and Vista in 1969, seeking $40 million in damages and control of the 88-year-old Escondido Canal, which carries water from the San Luis Rey River and a water well field near Lake Henshaw to Lake Wohlford in Escondido. The canal crosses Indian land.

The Indians have contended that the water, which constitutes about half of Escondido’s and Vista’s annual water supply--and at a significant savings compared to the cost of purchasing imported water from the Metropolitan Water District--was stolen from them at the turn of the century.

The tentative pact in June called for:

- The Indians to keep half of the local water and for the two non-Indian agencies to split the other half.

- For the Indians to receive 20,000 acre-feet of surplus federal water annually from the Sacramento-San Joaquin Delta. In turn, the Indians would turn over 30% of that water to Escondido and Vista, in compensation for the two agencies maintaining and operating the existing canal and water well network.

- Vista and Escondido to maintain and operate the system.

The protracted federal lawsuit has tied up attorneys for years. The June settlement was ballyhooed as historic, because there was little precedence for it in the nation.

Once Vista and Escondido settled their differences on how to share the cost of upgrading and maintaining the system, congressional approval was to be sought to allow the use of federal surplus water.

U.S. Rep. Ron Packard (R-Carlsbad), who had personally intervened in the issue to help hammer out the June agreement, said Tuesday he was disappointed that Vista and Escondido had sought changes.

“We had relied on the agreement, and now it obviously calls for some new negotiations that will, in turn, delay the process of getting things done back here (in Washington),” he said.

“I don’t know how far the Indians will go to keep the agreement intact. But they feel they had reached an agreement and this might put us back to Square One. This is distressing. It would certainly be tragic if the whole agreement self-destructs.”

The new condition was agreed upon Saturday between attorneys for the Escondido Mutual Water Co. and the Vista Irrigation District. It was presented to Pelcyger on Sunday, and he then met with his clients on Monday.

John Schell, attorney for the Vista water agency, said his client and Escondido settled their own problems “provided we can have the June agreement principles modified. The ball is now in the Indians’ court, to respond to our suggestions.

“However, to be fair to the Indians, they feel they already are contributing the land rights of way and the water rights, and relinquishing their claims that they have for years not been receiving what they contend was their rightful share of water,” Schell said.

“We feel we’re bending over backwards,” he said. If the out-of-court settlement were to fall through and the issue were to be resolved in the courts, the Indians might not fare as well, he said.

Don Lincoln, attorney for the Escondido Mutual Water Co., said there was no reason to believe the negotiations were “back to square one.”

“When we reached the agreement in principle in June, it was clear there would be further negotiations between Escondido and Vista that had to be approved by our clients. We’ve been working very hard ever since.”

Rodriguez said the proposal would be considered by each of the five bands. “Maybe we can modify it a little bit. We’ve always tried to negotiate and work things out. But I’ll be damned if I’m going to keep giving in.”