By Dusty Ference, Executive Director Kings County Farm Bureau
On November 8, 2023, the State Water Resources Control Board (SWRCB) held a public information hearing in Hanford, intended to inform the public why SWRCB staff have recommended the Tulare Lake Subbasin be placed on probation for deficiencies in the subbasins Groundwater Sustainability Plan (GSP). Since then, local Groundwater
Sustainability Agencies (GSA) have been working to update the subbasins GSP in hopes of satisfying the SGMA and addressing the SWRCB’s concerns.
The Kings County Farm Bureau staff attended several GSA meetings in December and discovered that the GSAs are collectively working towards releasing an updated GSP in February. Initially, the GSAs in the subbasin agreed to create a single plan for the subbasin, and all five GSAs must agree to all updates this time, as they did for the first plan. The plan’s updates must be available for public comment, and comments shall be accepted for 30 days. Once agreed to by the GSAs and public comments are considered, the updated plan will be submitted to the SWRCB for consideration.
Under ideal circumstances, the SWRCB staff would examine the revised GSP before the probationary hearing scheduled for April 16, 2024. If the new plan meets the legal requirements, it would be presented to the SWRCB for final approval. However, during the November 8, 2023 public meeting, the SWRCB staff informed the attendees that they
would require at least four months to review the document. Recent letters to the SWRCB have urged them to postpone the probationary hearing to allow for enough time for staff to review the updated plan. It appears those appeals were disregarded at the SWRCB. During their December 19, 2023, Board Meeting, the SWRCD edited its probation hearing schedule but left the Tulare Lake Sub-basin hearing date untouched.
Undoubtedly, the SGMA will restrict the volume of groundwater that landowners can legally extract. The initial plans of the Tulare Lake Subbasin GSAs aimed to postpone pumping restrictions until around 2040, when the SGMA mandates sustainability. Regrettably, it is now evident that these restrictions will be imposed much earlier. For some GSAs, groundwater limits could be introduced as early as Spring of 2024. Along with these restrictions, pumping fees will be levied by the GSAs implementing the new regulation.
Many GSAs in the Tulare Lake Sub-basin have been collecting taxes per acre through a Prop-218 election. This is the formal process required to levee such a tax and must be approved by a vote of the landowners of the GSA. Those funds have been used for GSA
operations to date. In most situations, the expected pumping fees will fund a well-mitigation program. As required by the SWRCB, a well-mitigation program funded and managed by each GSA must exist to finance the repair or replacement of domestic wells that go dry or are damaged due to lowering groundwater levels. Early estimates show that well-mitigation funds in each GSA will likely be their most significant expense.
As mentioned above, all five GSAs in the Tulare Lake Subbasin must agree on all components of the GSP and implement GSA-specific programs that do not negatively impact each other. In a
letter to the SWRCB dated December 11, 2023, the Tri-County Water Authority (TCWA) stated that the GSA is currently sustainable and should be exempt from consideration during the April probation hearing. Having one GSA stand out from the others requesting exemption may harm the sub-basin. SGMA requires coordination and assurance that local agencies work together.
The South Fork Kings GSA attempted twice in 2023 to pass a Proposition 218 election implementing a tax on property within the GSA boundaries. Had it passed, the tax would have funded the operations of the GSA. After failing twice, the future of the GSA is
questionable. During a special board meeting held on December 21, 2023, the South Fork Kings GSA Board of Directors approved a third attempt at passing a Prop—218 election. The GSA has proposed an assessment of not to exceed $9.80 per acre. If the GSA fails, the SWRCB will likely take over management of the area.
The sub-basins GSP, GSA coordination, and financial stability all factor into the SWRCB’s decision on probation. If placed on probation, groundwater pumpers should expect a notice from the SWRCB informing them of the decision and next steps. What is currently known about probation are the following:
- The SWRCB will require all wells in the sub-basin to be registered with them.
- A fee will be charged per registration.
- The SWRCB will take the first 12 months of probation to gather pumping details from the sub-basin. Based on that data, the SWRCB will determine a pumping rate for the region, and that will be the allocation.
- Once the groundwater allocation is determined, pumpers can expect a per acre-foot pumping charge paid to the SWRCB.
The well registration fees and pumping rates paid to the State will not eliminate taxes or fees paid to the local GSAs. The SWRCB is required by law to charge enough to cover the cost of State resources used in the sub-basin and nothing else. Unlike a GSA, the SWRCB
cannot collect fees from pumpers and use that money to build projects for finance domestic well replacement or repair. GSAs will charge their determined pumping fees to fund local programs and projects. For example, well-mitigation and recharge basins. How local funds are used is ultimately determined by the GSA.
The SGMA states that if a sub-basin is placed on probation, it can address GSP deficiencies and remove the probationary status. If the sub-basin is placed on probation, GSAs should continue to work on GSP revisions and local policies to achieve sustainability and present them to the SWRCB for consideration. Once the SWRCB is convinced that the GSP will achieve sustainability under SGMA, the SWRCB will relinquish control to the local authorities.
California agriculture faces many challenges in 2024, and the Sustainable Groundwater Management Act is undoubtedly the hardest. Food production is among the noblest causes in the World, and agriculture must continue in this great State. Keep up the good fight and know that Kings County Farm Bureau is fighting alongside you.
Dusty Ference is the Executive Directors of the Kings County Farm Bureau. Kings County Farm Bureau is an independent, non-governmental, grassroots organization committed to providing education, promotion and representation of agriculture. Since our founding in 1918, we have advocated on behalf of the farmers, ranchers and dairymen whose work feeds the world, giving them a united voice and protecting their right to farm.
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