Shingle Spring casino debate: water lines or water trucks

A Workshop set for Monday will seek an answer to how water will be supplied to an Indian casino scheduled to open off Highway 50 in El Dorado County late this year. The casino's backers say they will haul water in, raising the prospect of a steady stream of water trucks on busy Highway 50.

The El Dorado Irrigation District workshop will explore water service for the Red Hawk Casino, which is under construction on the Shingle Springs Rancheria between Shingle Springs Drive and Greenstone Country Road.

District directors haven't addressed the issue publicly since 2002, when they denied an appeal by the Shingle Springs Band of Miwok Indians to supply water for a planned casino and hotel on the rancheria.

District counsel Tom Cumpston said the workshop comes in response to a recent legal opinion by the U.S. Department of Interior Solicitor General's Office regarding restrictions imposed by the El Dorado Local Agency Formation Commission when the rancheria annexed to the irrigation district in 1989.

LAFCO rules on government reorganizations in the county. In approving the annexation nearly 20 years ago, the commission included conditions limiting water service to 40 residences, a community room and garden plots on the rancheria.

The irrigation district has argued that LAFCO's restrictions prevent it from supplying water to the casino.

But Cumpston said the opinion issued by the Solicitor General's Office in response to a December memo from the Bureau of Indian Affairs indicated that if LAFCO's intent was to regulate use of the tribe's land, a court likely would find that the restrictions are pre-empted by federal law.

The board Monday will discuss whether the solicitor general's opinion invalidates the LAFCO conditions, he said, and what effect serving the casino would have on the district's water supply.

"We would only serve the rancheria if we were convinced we could do so without compromising service to existing customers," Cumpston said.

Representatives of the Shingle Springs Band of Miwok Indians have said they are prepared to truck in water if necessary to serve the casino. Representatives of the tribe and Lakes Entertainment Inc., the firm that will operate the casino, were not available for comment.

If the casino is to receive district water, a decision likely will be needed soon so pipelines and other infrastructure can be constructed.

"It's timely to decide what's going to happen," Cumpston said.

Cumpston said he did not know whether agreeing to serve the rancheria could aid El Dorado County water agencies in pursuing rights to water that originates in El Dorado County but are assigned to the city of Sacramento.

The amount of water to serve the casino and rancheria represents about 1 percent of the total sought from the city of Sacramento, he said.

Monday's workshop, to be conducted by the board's legal and legislation standing committee, is scheduled at 10:30 a.m. in the district boardroom, 2890 Mosquito Road, Placerville. The board will be presented with legal and engineering analyses, Cumpston said.

He stressed that the session is intended to provide information and receive public comment. The board will take no action that day.

The workshop agenda and staff report are to be posted by today on the district's Web site, www.eid.org.

Copies also may be requested at the district office, or by calling (530) 622-4513.