Probation hearing for Tulare County groundwater region canceled

November 15, 2024
Lisa McEwen, SJV Water
by Lisa McEwen, SJV Water
Aaron Fukuda, interim general manager of the Mid-Kaweah Groundwater Sustainability Agency, explains efforts in the Kaweah subbasin to stem over pumping during a June 27 workshop by the state Water Resources Control Board. Lisa McEwen / SJV Water
Lisa McEwen, SJV Water
Lisa McEwen, SJV Water

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The state Water Resources Control Board on Friday canceled a Jan. 7, 2025 probation hearing for the Kaweah subbasin in order for staff to more thoroughly study a groundwater plan submitted in June that may prove to be protective of the aquifer and domestic wells.

No one was more elated than the managers of the three Kaweah groundwater sustainability agencies (GSAs).

“We all got on a conference call, and the staff could see the smiles on our faces,” said Mark Larsen, general manager of Greater Kaweah GSA. “That was really good news to hear. The basin has worked extremely hard to get to this point and we were hoping our efforts were not in vain.”

Less than a year ago, Kaweah’s groundwater managers were locked in a near stand off over coordination, groundwater accounting and other basics required under the Sustainable Groundwater Management Act.

Water managers were relieved that their work to find common ground put them a little further away from the prospect of probation.

Probation is a significant enforcement measure. Under probation, farmers have to register and meter wells and pay an extra $20 per acre foot pumped on top of fees paid to groundwater agencies and water districts.

If an adequate plan can’t be worked out between subbasin water managers and Water Board staff within a year, the state could step in and set its own pumping limits.

Two other San Joaquin Valley subbasins have already been placed on probation. Those include the Tulare Lake subbasin, which covers most of Kings County, and the Tule subbasin just south of Kaweah. The Kern subbasin has been recommended for probation with its hearing scheduled for Feb. 20, 2025. The Delta-Mendota and Chowchilla subbasins are expected to have hearings later in 2025.

The Kaweah subbasin in the northern half of Tulare County’s flatlands.

The Kaweah subbasin’s three GSAs, submitted revised groundwater plans in June, with further revisions released in October. Managers Larsen, Aaron Fukuda of Mid-Kaweah and Mike Hagman of East Kaweah have gained respect among other water managers for their approach to coordination and community outreach, specifically a domestic well program that partners with Self-Help Enterprises. 

According to a statement from the Water Board, its staff has completed a high-level preliminary review of the Kaweah plans and have seen substantial progress toward fixing problems previously noted in the Draft Staff Report

Those problems included groundwater levels, groundwater quality, subsidence, or land sinking, and degradation of interconnected surface waters. 

Canceling the probation hearing will give staff more time to complete its review to determine if deficiencies are adequately addressed.

“Board staff are optimistic about this progress; however, additional work needs to be done to determine if enough progress has been made for the subbasin to exit state intervention under the State Water Board’s authorities and return to the Department of Water Resources for plan review and oversight,” the Water Board statement continued. 

Fukuda said valuable momentum gained with landowners over the last several months will be maintained. 

“We are elated beyond belief at the moment that we have come to in our groundwater sustainability path,” he said. “We greatly appreciate the state Water Board and their staff for recognizing the significant progress we have made not only in our GSP, but in our implementation towards sustainability.”

Should Water Board staff determine Kaweah’s new groundwater plans don’t hit the mark, a new probationary hearing could be scheduled at a later date.

Larsen said delaying the threat of probation means managers can pivot toward implementation of plans and direct work with landowners to achieve sustainable management of Kaweah’s aquifers. It also removes confusion for growers.

“If the state board is involved in the basin, and the GSAs are as well, landowners want to know who’s running the ship? And hitting the farmer’s pocketbook by potentially being charged fees from both agencies, this is cleared up without the threat of probation.”

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Lisa McEwen, SJV Water

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