The Coastal Branch Aqueduct system for the California Department of Water Resources State Water Project connects to the California Aqueduct in Kings County, California. Photo taken May 12, 2023. California Department of Water Resources

THIS JUST IN … Judge issues Temporary Restraining Order against State Water Resources Control Board

From the Kings County Farm Bureau:

On Monday, July 15, 2024, Kings County Superior Court Superior Judge Ciuffini issued a temporary restraining order (TRO) against the State Water Resources Control Board (SWRCB). Pending a hearing, the SWRCB and its agents, servants, partners, and employees, and all persons acting on its behalf are restrained and enjoined from enforcing SWRCB Resolution No. 2024-0012, “Designating the Tulare Lake Groundwater Subbasin as Probationary Under the SGMA.” The restraining order remains in effect until Tuesday, August 20, 2024, when the judge will consider issuing a temporary injunction.

The TRO means that growers in the subbasin are not required to meter or record groundwater pumping information until further notice.

Judge Giuffini issued a tentative ruling that she would not likely rule in our favor. However, after hearing arguments from KCFB and the SWRCB, she reversed her tentative ruling. The position shift stemmed from arguments proving imminent harm to farms and ranches due to being on probation.

Filing for a TRO is the first battle against the SWRCD’s probationary designation of the Tulare Lake Subbasin (TLSB). Being awarded the TRO highlights the significance of the KCFB’s case against the SWRCB and proves that the challenge has merit in court. “The judge’s decision to issue the TRO gives us great hope that receiving a temporary injunction in August is a real possibility,” said KCFB Executive Director Dusty Ference about what’s to come. …

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