If you go: Upcoming appellate hearing on SGMA lawsuit out of Kings County

• Editor’s note: Monserrat Solis covers Kings County water issues for SJV Water through the California Local News Fellowship initiative. 

The 5th District Court of Appeal in Fresno will hear arguments on two issues involving the state’s groundwater law and the Tulare Lake subbasin, which covers most of Kings County.

Justices will hear arguments on whether to uphold a preliminary injunction issued by a Kings County judge that has kept sanctions by the Water Resources Control Board at bay for the past year. They will also hear arguments on whether to dismiss the underlying lawsuit entirely.

The Water Board placed the subbasin on probation in April 2024 for lacking an adequate plan to alleviate negative consequences from excessive groundwater pumping, including subsidence. Under probation, the state could require farmers to meter and register wells at $300 each, report extractions and pay a fee of $20 per acre foot pumped.

Those measures were stymied after the Kings County Farm Bureau sued the water board and won a preliminary injunction, claiming the Water Board had exceeded its authority. A motion by the Water Board to dismiss the case was also denied by the Kings County judge.

The Water Board appealed both issues, which will be heard starting at 9 a.m. Oct. 7 at the 5th District.

The preliminary injunction issue will be heard first. Each side will be given 30 minutes for arguments. The City of Lemoore’s legal counsel, Raymond Carlson will also be given 10 minutes to speak about an “amicus brief,” or friend of the court motion, the city filed in May in support of the Farm Bureau.

Immediately following those arguments, and any questions from justices, the parties will have another 30 minutes each for arguments on whether to dismiss the lawsuit.

Justices will take both legal questions under submission and issue their ruling at a later date.

Presiding Justice Brad R. Hill and Associate Justices Jennifer R.S. Detjen and Gregory Fain are scheduled to hear the case, according to the court’s calendar.

The hearing is open to members of the public who must pass through a security screening. The court is located at 2424 Cesar Chavez Blvd. 
A link to watch the hearing through a live stream, will be posted on the court’s website 15 minutes prior to the hearing.