In 2023 the California Department of Water Resources (“DWR”) deemed Groundwater Sustainability Plans (“GSPs”) for six groundwater basins inadequate, triggering state intervention. The six subbasins are: Chowchilla Subbasin, Delta-Mendota Subbasin, Kaweah Subbasin, Tule Subbasin, Tulare Lake Subbasin, and Kern Subbasin. When DWR deems a GSP inadequate for a basin, oversight of the basin transfers from the local Groundwater Sustainability Agency (“GSA”) to the State Water Resources Control Board (“SWRCB”), who holds a public hearing to determine whether the basin should be placed on probationary status.
On April 16, 2024, at a Public Board Hearing for the first of the six subbasins, the SWRCB designated the Tulare Lake Subbasin as probationary. The decision marks the first time a groundwater basin has been designated as probationary. Under that decision, starting July 15, 2024, well users who extract more than two acre-feet of groundwater per year will be required to track their groundwater use, and submit annual groundwater extraction reports by December 1, 2024 and by December 1 for every subsequent portion of the water year that the basin is probationary. If, after a year the deficiencies have not been addressed, the SWRCB could move into the next phase of the state intervention process, called an interim plan, under which the SWRCB could impose pumping restrictions on basins, or issue fines for exceeding water allotments. However, these reporting requirements have been temporarily suspended as of July 15, 2024 due to ongoing litigation, although groundwater extractors are responsible for staying up to date regarding fee payments.
The Kings County Farm Bureau, joined by two landowners, filed a lawsuit on May 15, 2024, in response to the designation. The lawsuit alleges that the SWRCB’s decision is “an act of State overreach that exceeds the Board’s authority under [the Sustainable Groundwater Management Act] and will devastate the Tulare Lake Subbasins and the Kings County economy.” The lawsuit asks for declaratory and injunctive relief.
Original hearings to consider designation of the Tule Subbasin and the Kaweah Subbasin were scheduled for September 17, 2024, and November 5, 2024, respectively. But the state postponed the Kaweah groundwater region’s probationary hearing until January 7, 2025, according to an announcement at a “state of the subbasin” event held June 19, 2024 to answer questions about what probation would mean. The hearing for Kern County Groundwater Subbasin on probationary status is scheduled for February 20, 2025. Hearings for the remaining two subbasins have yet to be scheduled.
Glen Hansen is Senior Counsel and Simyllina Chen is a Law Clerk at Abbott & Kindermann, Inc. For questions relating to this article or any other California land use, real estate, environmental and/or planning issues contact Abbott & Kindermann, Inc. at (916) 456-9595.
The information presented in this article should not be construed to be formal legal advice by Abbott & Kindermann, Inc., or the formation of a lawyer/client relationship. Because of the changing nature of this area of the law and the importance of individual facts, readers are encouraged to seek independent counsel for advice regarding their individual legal issues.