By Monserrat Solis, SJV Water
All of the legal motions that can be filed, have been filed in the state’s appeal of a preliminary injunction that has kept it from implementing sanctions against growers in Kings County.
The next step could be oral arguments, or not. It all depends on how the justices at the 5th District Court of Appeal decide to go forward
“At this time, we are waiting on a ruling from the appeals court,” Farm Bureau Executive Director Dusty Ference wrote in a text message. “We don’t know yet if there will be oral arguments but I am told they are not likely to happen for the appeal.”
The Farm Bureau sued the state Water Resources Control Board after it placed the region, known as the Tulare Lake subbasin, on probation in April 2024. Under probation, farmers would have had to meter and register their wells, paying an annual $350 fee to the Water Board, report extractions and pay the state $20 per acre foot pumped.
So far, those sanctions have been held at bay after a Kings County Superior Court judge issued a preliminary injunction, finding the Water Board had overstepped its authority.
The state appealed the injunction, which is now awaiting either a ruling, or date for oral arguments at the 5th District in Fresno.
The original lawsuit filed by the Farm Bureau is still active, but pending the outcome of the appeal of the preliminary injunction.
“Dates for oral argument have not been set, and the Fifth District has not ruled on either of the board’s appeals. The preliminary injunction remains in place pending action by the Fifth District,” Edward Ortiz, a spokesman for the Water Board wrote in an email.
While the state sanctions have been paused, groundwater agencies in the Tulare Lake subbasin have instituted many of those same measures, including registering wells and reporting extractions.
“Thankfully, the preliminary injunction remains in effect, saving water users from having to pay fees and report their usage to the State Water Resources Control Board,” Ference wrote. “We are thankful for the savings and the time this allows water users and Groundwater Sustainability Agencies.”
