SAN DIEGO -- The fate of a Padre Dam Municipal Water District project is in the hands of a judge after legal arguments about the two-acre site being on a sacred Indian burial ground.

Members of the Viejas band of Kumeyaay Indians believe the site is hallowed ground; that their ancestors were cremated and their remains buried there.

Tribe member Charlie Brown told 10News, "Makes me feel sad. It hurts to see something like this happen."

A massive milling stone stands in the center of the land in question. It was used to grind grain hundreds of years ago.

The stone is the Padre Dam Municipal Water District's argument that the site is evidence of a kitchen, not a burial ground.

The issue is now being decided in Superior Court. Viejas and the Native American Heritage Commission want the project shut down completely while archeologists dig to determine exactly what's here. The Padre Dam Municipal Water District wants to move forward with the reservoir and pumping station even if it's downsized to exclude the land where the bones were buried.

District spokesman Mike Uhrhammer said, "We could still have a functional project that would serve the needs of 30,000 people looking for [a] looped water system to protect them from fire, give the flow they need for fire protection."

Judge Judith Hayes said she would quickly make her decision on the request for a permanent injunction.