The decision by the State Water Resources Control Board came after a full day of presentations and public comment.
By Alan Riquelmy, Courthouse News Service
California’s state water board Tuesday placed the Tulare Lake Subbasin on a probationary status, a first-of-its-kind move that will impose fees and reporting requirements on those who take water from the area.
The probationary status — imposed after a day-long hearing involving water board staff and local agency presentations, as well as public comment — stems from a groundwater sustainability plan that sought to remedy the critical overdraft from the basin. More water is pulled from the basin than rain and other sources can recharge, which leads to subsidence, a sinking of land that can damage infrastructure, as well as lowered aquifers.
A 2014 law, the Sustainable Groundwater Management Act, requires certain groundwater agencies to submit sustainability plans. Five water agencies that manage the Tulare subbasin submitted a joint plan, which didn’t meet muster last year. That failure triggered the State Water Resources Control Board to step in and, at the end of Tuesday’s day-long meeting, follow its staff’s recommendation and place the subbasin on probation.
“This is the first meeting of its kind,” said E. Joaquin Esquivel, chair of the state water board. “It’s taken a lot of work to get to this moment.”
The probationary status imposes reporting requirements and a fee structure. It also sets the stage for the local water agencies to implement recommendations from water board staff, improve their sustainability plan and be removed from probation.
There are no pumping limits at this stage, though staff noted that they could be imposed after a year on probation.
Many people spoke against the probation during public comment, including some farmers. One called the fees a tax. Others worried about the economic impact to third- and fourth-generation farmers, urging the board to delay its decision.
Under the probation approved Tuesday, those who draw from the subbasin, called “extractors,” will face a $300 annual fee per well, along with a $20 fee per acre-foot of water. A 25% late fee will be imposed.
Additionally, agencies extracting over 500 acre-feet a year must use a certified meter to measure the amount of water, though the water board tweaked that requirement, giving extractors leeway in what technology they can use to track it.
Fee waivers are possible for agencies that serve disadvantaged communities. Those who draw under two acre-feet of water a year for domestic purposes will face no fees or reporting requirements.
New reporting requirements start July 15, while the first annual report is due Dec. 1.
The subbasin — at almost 540,000 acres, some 837 square miles — is in the southern part of the San Joaquin Valley. There are almost 146,000 people in its area.
Natalie Stork, state water board staff, described a series of recommendations the area water agencies could take to improve their sustainability plan. They included setting minimum levels for wells, a consistent method of monitoring those wells and developing a plan for dealing with drought conditions.
Representatives of local water agencies affected by the probation, called governmental sustainability agencies, urged the state water board against placing the subbasin on probation, pointing to improvements they’re already implementing.
Amer Hussain, senior principal engineer with Geosyntec, said the local water agencies are about 90% done with the revisions to their sustainability plan. Additionally, the water agencies already have addressed several of the staff’s recommendations.
“We’re going to be monitoring the rate of subsidence each year and making adjustments,” Hussain said. “We are currently very close to having this document done.”
Dennis Mills, general manager of the Mid-Kings River Groundwater Sustainability Agency, asked the board to consider those improvements when making its decision. Deanna Jackson, executive director of the Tri-County Water Authority, encouraged the board to exclude her agency from any probationary action. She said her agency already has adopted a water allocation program, collected fines and required meters on all wells.
Public comment lasted several hours.
Calling himself a third-generation farmer, Doug Freitas said he farms 700 acres throughout the subbasin. He wanted to speak on behalf of area workers, farmers, cities, schools and businesses.
“All these hardworking people are going to be affected by this,” Freitas said.
Greg Gatzka, Corcoran city manager, echoed some of those concerns. He said he appreciated the fee wavier for disadvantaged communities, though he worried the probationary status would hit farmers hard. His city gets much of its sales tax revenue from farm equipment, supplies and general services.
Dusty Ference, executive director of the Kings County Farm Bureau, said his members understand the importance of protecting aquifers. However, they also recognize that the manner of protection is important. He argued that board staff made recommendations that will increase unemployment and cost millions of dollars in what are essentially new taxes in the form of fees for service.
“Let’s take a little more time, since we both want to get this right,” Ference said.
After hours of public comment, state water board members acknowledged how probation would affect people. Board member Laurel Firestone emphasized that the goal is to set up local agencies for success.
However, Firestone added that sometimes it falls on the state to serve as a backstop, as she advocated for probation. Moments later, the whole board agreed and unanimously voted to place the subbasin on probationary status.
