California county’s farm bureau sues over state monitoring of groundwater

HANFORD, California — A lawsuit has been filed over California’s decision to take over monitoring of groundwater use in part of the fertile San Joaquin Valley under a landmark law aimed at protecting the vital resource.

The Kings County Farm Bureau and two landowners filed a lawsuit last week over a decision by the State Water Resources Control Board in April to give the Tulare Lake Subbasin so-called pilot status. The move put state officials, rather than local officials, in charge of how much water is pumped from the ground in a region where state officials believed they had failed to come up with a plan to sustainably manage the resource.

The lawsuit claims the measure exceeded the board’s powers in an “act of state excess” that could devastate the largely agricultural county of about 150,000 residents halfway between Los Angeles and San Francisco.

“This fight is about saving the community of Kings County,” the agriculture agency said in a statement Thursday.

The state government said in a statement that it is obliged to take action if groundwater plans are determined to be inadequate. “The board is confident that it has correctly applied its powers to protect vital groundwater supplies,” the statement said.

It is the first area in California to undergo this process under the 2014 Groundwater Act, which directed local communities to come up with long-term plans to keep groundwater flowing sustainably after years of drought and overpumping led to water quality and water management problems had led. the sinking of land.

California officials have voted to take over oversight of groundwater use in part of the fertile San Joaquin Valley under a landmark law aimed at protecting water flow to homes and farms. The State Water Resources Control Board voted unanimously Tuesday to give the region so-called pilot status. That means government officials, not local ones, will temporarily monitor and limit how much water can be pumped from the ground. It is the first time that the state has taken control of groundwater monitoring. Farmers are critical of this measure. But water rights advocates say it will protect drinking water in poor rural communities.

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California officials voted Tuesday to intervene to monitor groundwater use in part of the crop-rich San Joaquin Valley. This is the first of its kind and comes a decade after local communities were tasked with managing the precious but under-pressure resource.

The State Water Resources Control Board has voted unanimously to begin overseeing groundwater pumping into the Tulare Lake subbasin, meaning the state, not local officials, will temporarily see how much water can be pumped from the ground .

It is the first area in California to go through this process under the state’s landmark groundwater law, which aims to keep water flowing sustainably after years of drought and overpumping led to groundwater quality problems and land sinking. The California law directed local communities to establish agencies and develop groundwater management plans to achieve sustainable use of the resource for years to come.

According to the state board, groundwater provides nearly 40% of California’s water supply in an average year, and even more in dry years.

The move, which followed an all-day hearing in Sacramento, drew criticism from Kings County farmers and support from water rights advocates who say they want to protect the future of drinking water for poor rural communities. Many farmers say the state should do more to channel rivers to water storage facilities to replenish groundwater basins, instead of cutting spending.

“Farmers understand that if these plans move forward, it will put many of them out of business,” Lynne McBride, executive director of the California Dairy Campaign, told the state board. “The ripple effects of these potential fees, fines and regulations will be enormous and potentially irreversible.”

Farmers are by far the largest groundwater pumpers in the region, but small towns and rural residents also depend on the sub-basin for their drinking water. Mac Glackin of the environmental group Clean Water Action said the move to give the sub-basin a so-called pilot status is justified.

“Taking this step holds us accountable to the human right to water, climate justice and racial equity,” Glackin said.

Within 90 days, anyone pumping groundwater in the region must register the amount they remove, report it to the state government and pay fees. If a more sustainable plan is not developed within a year, the board could hold another public hearing and impose restrictions on pumping and fines those who take more than they are allotted, the board said in a statement after the vote.

“The groundwater supply in the Tulare Lake basin is clearly at risk, and we are taking action today to protect this resource as communities depend on it for basic needs, especially drinking water,” Joaquin Esquivel, chairman of the State Water Board, said in a statement rack.

Five local agencies in the region worked on a single groundwater management proposal, only to see it rejected last year by the state Department of Water Resources over concerns about lowering groundwater levels, sinking land and deteriorating groundwater quality.

The Tulare Lake Subbasin covers part of Kings County, home to about 150,000 people, halfway between Los Angeles and San Francisco. The county is a major producer of milk, pistachios, cotton and processed tomatoes, according to a county agricultural report.

It is also home to Tulare Lake, a large, dry basin that fills with water in rainy years. The lake last appeared in 2023 after heavy winter rains flooded farms and roads.

Doug Freitas, an almond farmer who owns property in areas covered by three different groundwater agencies, said each agency has talked about what to do next. He said he was aware of the state’s groundwater law, but like most small farmers, he was so busy trying to make ends meet that he couldn’t foresee the consequences.

“As a farmer, I believe we need more time,” Freitas said before the hearing.

Longtime Kings County dairy farmer Joaquin Contente says pump rates and limits will get him in trouble, whether they’re imposed by local or state officials. He depends on groundwater to grow the alfalfa he feeds his 800 cattle.

“I know a lot of people are worried about it because I’m one of them,” Contente said.

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