MEETING NOTES: Special master to be appointed in east Kern desert water trial
Meeting: Indian WellsValley Groundwater Authority board of directors
Date: July 8, 2026
Agenda and Packet: CLICK HERE
The judge presiding over the adjudication action brought by the Indian Wells Valley Water District notified the parties he intends to hire a groundwater expert, or special master, to help sort through all the evidence presented during the “safe yield” phase of the trial, which just concluded.
Safe yield is the amount of groundwater that can be pumped out of the ground each year without harming the basin. It is the crux of the legal action and the number that will determine which pumpers get how much water after the adjudication is completed.
The water district disputes the safe yield amount determined by the Indian Wells Groundwater Authority, which set it at 7,650 acre feet per year. The water district has stated in the past that the safe yield is closer to 14,000 acre feet a year.
At last week’s groundwater authority meeting, Keith Lemieux, legal counsel for the authority, updated the board on this phase of the trial.
“The GA (groundwater authority) was very happy with the way the evidence came in. I think it came in a way that fully expressed the depth of the analysis that the GA performed in support of the 7,650 number for the sustainable yield in the GSP (groundwater sustainability plan).”
He said the judge is seeking a list of experts to serve as special master from the water district and groundwater authority.
Lemieux was confident the two parties could come to an agreement on a special master. However, if a consensus is not reached, the judge is also asking the State Water Resources Control Board for a list as well.
Lemieux didn’t know how long this process will take. The special master will have to review all the information presented at the hearing as well as extensive historical reports and data about the basin.
“In my opinion it looks very favorable for the groundwater authority’s position at this point,” Lemieux concluded.
Data center comment letter
Audience member Renee Westa-Lusk asked about the status of the comment letters the board was planning to send to the California Energy Commission regarding the proposed artificial intelligence data center in Inyokern.
April Keigwin, general manager for the authority, said a draft letter was currently being worked on by authority staff and it would be submitted before the comment period ends July 16. The letter is expected to be discussed at next authority board meeting on August 12.
The California Energy Commission is before the Energy Commission because it is seeking a small power plant exemption for 44 diesel-powered generators proposed to produce 99 megawatts of backup power, if needed.