Judge extends temporary restraining order against state over Kings County groundwater

Kings County farmers will have to wait until next month to see if the state will be allowed to put the Tulare Lake Subbasin on probation.

Kings County farmers have been given at least a few more weeks before the state could potentially come in with stringent groundwater management oversight. 

Tuesday, Kings County Superior Court Judge Kathy Ciuffini extended the temporary restraining order, which keeps the state at bay, until Sep. 13. 

The backstory: The State Water Resources Control Board designated the Tulare Lake Subbasin as probationary in April, imposing a $20 per acre-foot extraction fee for groundwater that is pumped into the basin. 

  • The Kings County Farm Bureau responded by filing a lawsuit to block the state, arguing that the probationary designation is expensive, duplicative and punitive and would dispose of all local management efforts. 

The big picture: Last month Ciuffini issued a temporary restraining order against the state, meaning all growers in the subbasin are not required to meter or record groundwater for now. 

  • Tuesday’s hearing was for Ciuffini to consider issuing a preliminary injunction against the state. 
  • While the judge did not issue a preliminary injunction, the temporary restraining order extends the period for farmers to not have their pumping data extracted by the state. It also continues to put off the $20 per acre-foot extraction fee. 
  • The Kings County Farm Bureau expects that Ciuffini may issue a ruling on a preliminary injunction on or before Sep. 13. 

What they’re saying: “While we would have liked to have gotten a ruling today, KCFB appreciates Judge Ciuffini’s attention to detail and careful consideration of this monumental decision,” said Executive Director Dusty Ference. 

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