Parameters of the Tulare Lake Subbasin probation are being put on hold for the next several weeks. Kings County Superior Court Judge Ciuffini issued a temporary restraining order (TRO) against the State Water Resources Control Board (SWRCB). The ruling has now suspended the enforcement of the subbasin’s probationary status under the Sustainable Groundwater Management Act (SGMA).
“What the restraining order does for the subbasin is eliminate the need to record pumping data with the intention of submitting it to the State Board. So, until further notice, the rule, or the requirement rather, to record data and submit it in is on pause,” said Dusty Ference, Kings County Farm Bureau (KCFB) Executive Director. “Our next step is a hearing for a preliminary injunction and that’s scheduled for August 20. If the injunction is granted, then that’s a longer-term pause on the rules of probation that will pause those rules until our case goes to trial.”
There had been indications that Judge Ciuffini would not be ruling in favor of KCFB. However, she was convinced that the probationary status could cause imminent harm to farms and ranches and granted the TRO. KCFB views this as the first victory in their battle against the SWRCB’s decision for the subbasin probation. Back in May, KCFB challenged the SWRCB over what they describe as an “illegal and improper” SGMA designation. Ference noted that this issue extends beyond the Tulare Lake Subbasin and could have statewide implications.
“I think it’s important to call out that this decision and the decision that will be made on [August] 20 really affect all of California,” said Ference. “This is a statewide issue. This is bigger than Kings County and this is bigger than agriculture. We’re fighting for our communities. We’re fighting for all of Kings County and every county that’s got a subbasin in it that’s going before the State Board and being considered for probation.”
Listen to the interview below.
Brian German
Ag News Director / AgNet West