By Dusty Ference, Executive Director Kings County Farm Bureau
Following the April 16, 2024, State Water Resources Control Board (SWRCB) decision placing the Tulare Lake Subbasin (TLSB) on probation, Kings County Farm Bureau challenged that decision in Superior Court. KCFB believes the SWRCB violated California’s Code of Civil Procedures, Government Code, Water Code, and the California Constitution.
Fighting the probationary determination by the SWRCB is more significant than KCFB, Kings County, and the Tulare Lake Sub-basin. The court’s decision will impact every sub-basin in California. It is crucial to agriculture in California that the KCFBs challenge reaches success. To achieve our goals, we need your help. Fighting a state agency in court is an expensive endeavor with massive implications.
KCFB must fundraise to keep up this fight against the SWRCB. Early estimates indicate it will take approximately $400,000 to see this effort through, and you can help. KCFB is asking landowners in the Tulare Lake Sub-basin to contribute $8 per acre to the battle. But we aren’t stopping with landowners. GSA in and around the TLSB are invited to contribute $4/acre with landowners outside the TLSB. If you operate a business that depends on agriculture and want to help, consider a contribution of $2,500, $5,000, or $10,000.
Before you decide to contribute, you need to know that KCFB will utilize no contributions for any purpose other than SGMA. All donations to the SGMA Defense Fund will be held in a dedicated account and will only be used to fight for the best outcome of issues related to SGMA. First and foremost, funds will be utilized to battle the SWRCB. We can win this battle for Kings County, the Tulare Lake Sub-basin, and California agriculture.
While KCFB is optimistic about the potential outcome of this case, it is essential to note that the TLSB is currently on probation and that groundwater pumpers are subject to new regulations by the SWRCB.
Several regulations applicable to groundwater pumpers are included in the eleven-page resolution approved by the SWRCB, which places the TLSB on probation. The following requirements are taken from State Water Resources Control Board Resolution 20. 2024-0012
- Any person who extracts more than two acre-feet of groundwater per year from the
subbasin or who extracts groundwater from the subbasin for purposes other than domestic uses must report their extractions made on or after July 15, 2024, to the State Water Board pursuant to Water Code section 5202 and pay to the State Water Board the associated fee imposed pursuant to California Code of Regulations, title 23, section 1040 et seq. - Any person who extracted more than 500 acre-feet from the Tulare Lake subbasin during the period of October 1, 2022, through September 30, 2023, and any person who anticipates extracting more than 500 acre-feet during the period of October 1, 2023, and September 30, 2024, must install and use meters that meet the 10 requirements of Cal Code Regs., title 23, section 1042 on each of their production wells within the Tulare Lake Subbasin before July 15, 2024.
- For individuals required to report who do not already have meters installed, the State Water Board will consider alternative compliance pathways to the metering requirement, taking into account the reliability and accuracy of alternative measurement techniques and whether auditable information is used.
Specific considerations include but are not limited to whether:
- Groundwater is extracted for uses not captured by evapotranspiration,
- Sufficient details about crop irrigation and irrigation efficiency are provided, and
- Contributions of precipitation and other sources to consumptive use are known and accounted for.
The Board delegates authority to approve alternative compliance pathways to the Executive Director or the Executive Director’s delegee pursuant to Water Code Section 7.
- Modifies the extraction reporting deadline for groundwater extraction reports required by Water Code section 5202 from February 1 to December 1 of each year and requires the first report to be submitted by December 1, 2024.
- Exempts any person who extracts two acre-feet per year or less for domestic purposes only from the Tulare Lake subbasin from the requirement to report groundwater extractions and pay the associated fees.
- Directs State Water Board staff to continue to provide technical feedback to the Tulare Lake Subbasin GSAs regarding the GSAs’ efforts to resolve the deficiencies in the GSP and to periodically update the State Water Board regarding the GSAs’ progress made towards resolving the deficiencies, including whether, if the GSAs propose actions to correct the 11 GSP’s deficiencies (other than the potential actions identified by the State Water Board), those actions meet SGMA’s standards.
- Delegates to the Executive Director the authority to amend the reporting and metering requirements of this probationary designation after the provision of at least 30 days’ public notice.
- Directs staff to provide notice and opportunity for public comment at least 30 days before bringing to the State Water Board for consideration and potential approval a resolution to adopt amendments of this probationary designation that are not delegated to the Executive Director or to repeal this probationary designation.
It is important to remember that the requirements imposed by the SWRCB are in addition to anything required by local GSAs.
In addition to reporting, groundwater pumpers in sub-basins on probation are required under SGMA to pay groundwater extraction and well registration fees. Waterboards.ca.gov states the current well registration fee is $300 per well (excludes de minimis extractors) and $20 per acre-foot (excludes de minimis extractors). Late fees of 25% per month apply to any pumper who does not complete their report by the due date.
Landowners may have received a Notice of Groundwater Extraction Reporting Requirements Under the Sustainable Groundwater Management Act (SGMA). The purpose of the notice is to explain the obligation and process for well owners to register. It is crucial to save this correspondence as it contains the Correspondence ID required for the Groundwater Extraction Annual Reporting System (GEARS). GEARS is the program used to report groundwater pumping or to notify the SWRCB that you are a de minimis user not subject to reporting.
DISCLAIMER OF RESPONSIBILITY; Waterwrights.net strives to provide its clients with the most complete, up-to-date, and accurate information available. Nevertheless, Waterwrights.net does not serve as a guarantor of the accuracy or completeness of the information provided, and specifically disclaims any and all responsibility for information that is not accurate, up-to-date, or complete. Waterwrights.net’s clients therefore rely on the accuracy, completeness and timeliness of information from Waterwrights.net entirely at their own risk. The opinions expressed in this report are those of the author and do not represent any advertisers or third parties.
ALL RIGHTS RESERVED. Copyright 2024 by WaterWrights.net
