By Lisa McEwen, SJV Water
Farmers in the Eastern Tule Groundwater Sustainability Agency (GSA) can see a light at the end of the tunnel as county administrators begin to execute a rescue plan to help them comply with the state’s groundwater law.
Assembly Bill 568 made it through the state Senate Natural Resources and Water Committee July 16. If approved by Gov. Gavin Newsom, the legislation will create the new Tule East GSA, a joint powers authority between Tulare County, Hope and Ducor Water Districts.
The Tulare County Board of Supervisors will vote on the joint powers authority agreement today, July 22.
The new entity will encompass about half the acreage of Eastern Tule, almost all groundwater-dependent lands that were left behind when irrigation districts abandoned the GSA in the wake of the state Water Resources Control Board’s decision to place the Tule subbasin on probation in September.
Eastern Tule’s water accounting methods were specifically called out as questionable by the Water Board. Shortly after the probationary finding, irrigation districts began breaking off from Eastern Tule. Ultimately, the County of Tulare was the lone governmental agency remaining in the original joint powers authority.
Tulare County Grants and Resources Manager Denise England testified on behalf of AB 568 before the committee in Sacramento. She said the county’s plan is to mimic the path taken to help a groundwater-dependent area in the northern portion of the county in 2017, when the Kings River East GSA was formed by Senate Bill 37.
AB 568 is a two-pronged approach designed to withstand future changes in the subbasin, according to England.
“We are working on entering into a new JPA with Hope and Ducor water districts, but that’s a stopgap and does not cure the underlying issue of finding ourselves in this same position should the partner agencies opt to leave the JPA in the future,” England testified. “A legislative fix would provide a long-term stable entity to implement SGMA for this region and is paramount to groundwater sustainability.”
Under the Sustainable Groundwater Management Act, or SGMA, local entities must bring aquifers into balance by 2040 to stop negative consequences from overpumping, including subsidence, which is pervasive in the Eastern Tule GSA boundaries.
“It does take a little while to get a new agency up and running, but we will have a headstart because we’ve already got the framework and the backbone,” she said.
Eastern Tule will continue to exist until Tule East GSA is operational.
The bill calls for the GSA to be governed by a five-member board, including Supervisor Dennis Townsend, and one seat each chosen by members of the Hope and Ducor boards. Those three will then choose two others to represent groundwater-dependent landowners. Each person will serve a four-year term.
While the county could have opted to take over management of the GSA, as has happened in Kings and Madera counties, this option gives landowners more local control, England said.
“I think landowners understand what we’re trying to accomplish for them,” she said. “Having a stand-alone GSA will be better for landowners and the community. It will be much more efficient and flexible for them.”
Flexibility is what Hope and Ducor are trying to provide. While neither water district has surface water contracts, their boards are working to extend a lifeline to landowners by funding studies to look at connecting to the Friant-Kern Canal.
Hope’s study is ongoing, and has added a new chapter as Hope also plans to annex about 1,650 acres of so-called “white” areas, or lands that are outside of irrigation district boundaries. The annexation must be approved by the Tulare County Local Agency Formation Commission (LAFCo). That meeting is set for Wednesday, Aug. 6.
“We are annexing white areas with the goal of bringing some water in,” said board member Andrew Hart. “People who are thinking of being part of the annexation understand that it is a slow walk of forming the district. Once they see the bill (the costs), I don’t know how many will say, ‘Yeah, let’s do this.’”
Hart said landowners are trying to ride out the uncomfortable transition to reduced groundwater supplies.
“Everyone is just trying to hang on to what they can while they can,” he said. His employer, Booth Ranches, has fallowed some orchards within Eastern Tule that were marginal producers to move those water credits to higher producing parcels.
“We are looking to be strategic about it and I know that’s a luxury big companies have,” he said. “But if you’re a small farmer, you are essentially out of business if you’re all white area.”
