Kings County farmers will not have to worry about potential state-mandated water restrictions for the time being.
Thursday, Kings County Superior Court Judge Kathy Ciuffini issued a preliminary injunction over the state’s decision to designate the Tulare Lake Subbasin as probationary.
The backstory: In April, the State Water Resources Control Board designated the Tulare Lake Subbasin as probationary.
- That designation brought along a $20 per acre-foot extraction fee for groundwater that is pumped into the basin.
- The Kings County Farm Bureau (KCFB) quickly mobilized and filed a lawsuit to block the state’s designation. The KCFB argued in court that the designation is expensive, duplicative and punitive and that it would dispose of all local management efforts.
The big picture: With Ciuffini deciding to issue a preliminary injunction, the probationary requirements have been barred until the case is decided by trial.
- There is no trial date scheduled yet for the case, and both sides will return to court in January for a case management conference.
- Ciuffini ruled in part that the State Water Resources Control Board exceeded its authority by ordering the subbasin to be on probation.
- State Water Code requires a Groundwater Sustainability Agency that amends a groundwater sustainability plan to submit it to the California Department of Water Resources. The department will then review it in consultation with the State Water Resources Control Board.
- But the State Water Resources Control Board unlawfully requires Groundwater Sustainability Agencies to submit amended groundwater sustainability plans to its own staff, which Ciuffini ruled unlawfully expands its authority and is directly contrary to the Department of Water Resources’ regulations.
What they’re saying: “Being granted the preliminary injunction is a monumental win for Kings County Farm Bureau and California agriculture,” said KCFB Executive Director Dusty Ference. “Receiving today’s ruling highlights the validity of our claims and showcases our likelihood to win in court in the future.”
