Kings County, CA, farmers have received temporary relief from potential state-mandated water restrictions after a judge halted the state’s decision to designate the Tulare Lake subbasin as probationary. Superior Court Judge Kathy Ciuffini issued a preliminary injunction, ruling the California State Water Resources Control Board (SWRCB) overstepped its authority and imposed unlawful demands on local water managers.
“Being granted the preliminary injunction is a monumental win for Kings County Farm Bureau and California agriculture,” Dusty Ference, executive director of Kings County Farm Bureau (KCFB), said in a statement. “Receiving today’s ruling highlights the validity of our claims and showcases our likelihood to win in court in the future.”
KCFB filed suit in May, seeking relief from the water board’s regulations requiring reporting and fees for groundwater extraction of 500 acre-feet (an acre-foot is 325,851 gallons) or greater.
Background
In April, SWRCB declared the Tulare Lake subbasin in Kings County as “probationary” under the authority given to the agency under the Sustainable Groundwater Management Act (SGMA). The declaration required farmers to install meters before July 15, pay a $300 fee per well and $20 per acre-foot of water pumped. Farmers who failed to file on time also faced a 25% late fee and a $500/day fine.
According to court documents, farmers reported receiving a letter from SWRCB about the metering requirements in late May and June, making it difficult to comply with the regulations by the deadline.
On July 10, KCFB filed a request for a temporary restraining order, stating that the board improperly designated the Tulare Basin as probationary and failed to provide adequate notice to comply with the regulations. KCFB further said installing meters would require farmers to take their wells offline during the irrigation season, and the process could take months, subjecting them to fines.
Ciuffini ruled in favor of KCFB, writing that the harm would be substantial if an injunction were not issued, and the water board had not shown the regulations caused no harm.
“The (SWRCB) has not shown what specific, identifiable harm will occur if (Tule Lake subbasin) extractors do not comply with installation meters that are double calibrated and reporting requirements that won’t start until December 1, 2024,” Cuiffini wrote. “(SWRCB) fails to allege what extraction data they currently have, what extraction data is missing, its importance and what extraction data will be gained by the metering and calibration requirements as well as its importance. They do not allege whether this will cause wells to go dry, land subsidence to occur or get worse.”
SWRCB spokesperson Edward Ortiz said the agency disagreed with the ruling.
“The state water board believes that SGMA is clear and that the board has the authority it needs to implement SGMA, as it has in the Tulare Lake subbasin, to protect vital groundwater supplies,” Ortiz said. “We are considering further legal options to uphold the board’s oversight of critically overdrafted basins.”
According to SJV Water, other water managers in the San Joaquin Valley are paying attention to the hearing as they face probationary hearings. The neighboring Tule subbasin had its hearing before the water board on Sept. 17. SJV Water reported board members voted to place the subbasin on probation based on a report that showed subsidence (land sinking) continues to occur in the region, causing damage to the Friant-Kern Canal.
The water board voted to adopt a path for water agencies complying with the SGMA, allowing them to leave probation under the “good actor” clause. Despite acknowledging the region’s urgent water issues, the board exempted the Delano-Earlimart Irrigation District and Kern-Tulare Water District groundwater sustainability agencies (GSAs) from pumping reporting requirements and fees. Additionally, they left the possibility open for the Lower Tule River and Pixley Irrigation District GSAs to receive similar exemptions within 60 days.
The Kaweah subbasin’s hearing is set for Jan. 7, 2025, followed by the Kern subbasin on Feb. 20. The Delta-Mendota and Chowchilla subbasins will face probation hearings later in 2025.
Eric Limas, general manager of the Lower Tule River and Pixley Irrigation District GSAs in the Tule subbasin, expressed optimism following the ruling, saying it would “at least provide some clarity.”
All requirements are now paused under the injunction until the trial concludes, with the next hearing scheduled for January. According to SWRCB, groundwater extractors are responsible for staying informed about the regulations affecting their operations and should regularly check tinyurl.com/4pmtppzd for updates. — Charles Wallace, WLJ contributing editor
