The California Supreme Court will not weigh in in the fight that Kings County farmers are having against state-mandated water restrictions.
The state’s top court denied the petition for review filed in the Tulare Lake Subbasin groundwater case.
The backstory: Two years ago, the State Water Resources Control Board designated the Tulare Lake Subbasin as probationary, levying a $20 per acre-foot extraction fee for groundwater.
- The Kings County Farm Bureau responded with a lawsuit to block the probationary designation, arguing it would dispose of all local management efforts.
- A Kings County judge sided with the farm bureau and issued a preliminary injunction against the designation, but last October the Fifth District Court of Appeal reversed the lower court’s ruling.
State of play: The California Supreme Court’s decision to deny reviewing the case leaves the FIfth District Court of Appeal’s ruling in place.
- The case now heads back to the Kings County Superior Court, where the farm bureau is challenging the state’s statutory authority, constitutional requirements and the scope of probationary powers under the Sustainable Groundwater Management Act.
What they’re saying: “The Supreme Court’s decision narrows the causes of action, but it does not end the case,” said farm bureau Executive Director Dusty Ference. “The central questions about the Board’s authority and the legality of its actions are still before the Superior Court. We will continue to pursue those claims through the proper legal channels.”
