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 Ciuffini 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. …
20240716_TRORELATED COVERAGE:
Kings County judge rules state overstepped by requiring farmers to meter, report groundwater extractions
“The first steps toward possible state control of groundwater pumping in Kings County were derailed under a ruling issued July 15 that said the Water Resources Control Board had overstepped its bounds by requiring meters on wells. The temporary restraining order and preliminary injunction were issued by Kings County Superior Court Judge Kathy Ciuffini in a case brought by the Kings County Farm Bureau. Requiring meters and reporting extractions were the first steps mandated by the Water Board in the Tulare Lake subbasin, which covers most of Kings County, as part of its enforcement of the Sustainable Groundwater Management Act. The requirements were made after the subbasin was put into probationary status by the Water Board April 16 for failing to come up with a coordinated groundwater management plan. … ” Read more from SJV Water.
Judge temporarily blocks state order to growers who depleted groundwater
“A Kings County judge today issued a temporary restraining order against the state that pauses its unprecedented move to crack down on groundwater depletion in California’s agricultural heartland. The decision by Superior Court Judge Kathy Ciuffini grants Kings County growers a temporary reprieve from a state mandate to monitor and report how much water they pump from heavily over-pumped aquifers. The order will last through a hearing in August, when the judge will consider issuing a preliminary injunction. The State Water Resources Control Board in April put Kings County water managers on probation under the state’s landmark groundwater law — a first step towards wresting control of the severely depleted Tulare Lake groundwater basin in the San Joaquin Valley. The groundwater basin serves vast swathes of dairies, ranches and farms, including those controlled by agricultural giants J.G. Boswell Company and Bay Area developer John Vidovich. … ” Read more from Cal Matters.
SEE ALSO:
- Judge issues Temporary Restraining Order against State Water Resources Control Board, press release from the Kings County Farm Bureau
- Enforcement of California’s landmark groundwater law put on hold by judge, from the San Francisco Chronicle
- Judge sides with Kings County farmers, issues temporary restraining order against state, from the San Joaquin Valley Sun
