By Monserrat Solis, SJV Water
The state Attorney General’s office responded to the city of Lemoore’s attempt to side with the Kings County Farm Bureau, writing that the city’s brief was “flawed” and “unsupported.”
The response, filed on behalf of the Water Resources Control Board, asks the 5th District Court of Appeal to disregard the City of Lemoore’s “amicus brief” in support of an injunction issued in a lawsuit filed by the Farm Bureau against the Water Board.
The Farm Bureau sued the Water Board after it placed the region on probation in April 2024. It then sought, and won the injunction that paused probationary sanctions, including requirements for farmers to pay $300 per well, plus $20 per acre foot pumped, among other things.
The state appealed the injunction and is awaiting a ruling by the 5th District.
Lemoore, in its brief, called the sanctions “arbitrary and capricious” and questioned whether the fees were legal under Proposition 218, which requires government entities to hold elections before assessing or increasing fees.
In its response, the Water Board states that fees associated with the Sustainable Groundwater Management Act (SGMA), aren’t subject to the rules of Proposition 218. And that regulatory costs do not constitute an “unfunded mandate,” as Lemoore alleged.
“Because the City’s arguments are beyond the scope of the appeal and based on flawed legal reasoning, the Board respectfully requests this Court deny the City’s requested relief,” the state’s response concludes.
wtr-brd-lemoore-reply
