IMPERIAL \i?i vegetable Grown, 4,90 COUNTY 0" a FARM BUREAU February 16, 2018 VIA EMAIL AND u.s. MALL Mr. James C. Hanks Mr. Michael Abatti, et al President, Board of Directors Michael Abatti Farms Imperial Irrigation District 702 Industry Way #8 937 El Centro, CA 92243 Imperial, CA 92251 Re: Michael Abatti, as Trustee, etc., at al. v. Imperial Irrigation District, (Court of Appeal, Fourth Appellate Dist. Div. One No. 0073331 )(San Diego County Super. Ct. No. ECU07980) Dear Mr. Hanks and Mr. Abatti: The undersigned have signed this letter on behalf of Imperial Valley Water (IVH20), the Imperial County Farm Bureau, and the Imperial Valley Vegetable Growers Association representing nearly all the Imperial Valley farmland that receives water distributed by the Imperial Irrigation District (IID). The purpose of this letter is to petition the Board of Directors and Michael Abatti et alto dismiss the appeals pending in the above-captioned litigation (the ?Abatti Case?). We additionally request IID prepare and adopt, in cooperation with IVH20, ICFB, and IWGA, a water distribution plan consistent with the trial court?s decision in the Abatti Case. In its decision, the trial court determined three principal substantive issues: (1) the land owners and water users possess an equitable and beneficial ownership interest in the water rights managed by the District; (2) EDP is unfair or inequitable because it "prioritizes other water users over agricultural water users;? and (3) EDP is unfair or inequitable because it apportions water among land owners on a ?straight line? basis, instead of a ?historical use? or other appropriate basis. By dismissing the appeals, significant advantages will be gained and certain harms will be avoided. First, substantial costs of further litigation will be avoided. Second, all should want to avoid a risk that published opinions in the appellate court could severely limit or damage those water rights. Third, we wish to avoid the possibility of other parties' participation in the appellate proceedings. Our concern is they may take positions that are not consistent with, or are opposed to, the interests of the District and its water users. Dismissal of the appeals will foreclose this possibility. Fourth, the trial court?s decision provides a basic outline for a new plan, which would disallow prioritization of other uses over agricultural use of water and provide for the use of historical use and water conservation data to create a fair apportionment program. We ask that begin to work with agricultural users and others on a fair and equitable water apportionment plan that has the support of the vast majority of water users within the District. Accordingly, we respectfully request that the District and Michael Abatti et al dismiss the appeals in the Abatti Case. Respectfully, Ir ?gh? Cr Elmore President, IVH20 iaa?ve?s'ey - - President, Imperial Valley Vegetable Growers Association ahty Farm Bureau Tom Brundy 1St Vice President, Imperi C: Erik Ortega, IID Board of Directors Bruce Kuhn, Board of Directors Norma S. Galindo, IID Board of Directors Juanita Salas, Board of Directors Kevin Kelley, MD General Manager Frank A. Oswalt, IID General Counsel Cherie Watte, Executive Director Brea Mohamed, ICFB Executive Director Kay Pricola, IWGA, Executive Director