Kings County Farm Bureau suing State Water Board over Tulare Lake subbasin probation

KINGS COUNTY, Calif. (KFSN) -- The Kings County Farm Bureau is firing back at the State Water Resources Control Board after it ordered restrictions on growers in the Tulare Lake Subbasin back in April, including charging them for pumping groundwater.

The Farm Bureau filed a lawsuit challenging the probation in May.

"It's a lot of new expense to growers at a time when they don't have a whole lot of extra in their coffers," said Dusty Ference, Executive Director of the Kings County Farm Bureau.

Under probation, farmers have to register each well they have for $300 each.

They'll also be charged $20 per acre foot of ground water pumped.

For farmer Chip Mello, it could cost tens of thousands of dollars.

"I do understand they're trying to curve the pumping, we had a few tremendous droughts and we were relying upon the ground water a lot but I think there needs to be a balance, some type of compromise between the state and what is needed," said farmer Chip Mello.

The State Water Board says the Sustainable Groundwater Management Act, passed in 2014, requires action when the board deems local groundwater sustainability plans inadequate.

The key concern in Kings County is subsidence - or sinking of the ground - because of too much water being pumped out.

To establish a plan, the board is using the probationary period to collect data so the state and local agencies can reach an agreement on a water sustainability plan.

Some farmers are concerned by the time that's done, their crops will have dried up.

"It is definitely going to affect the consumer, in the end you can't replace these products. It's just not that easy," said Mello.

"It's very important to us for everyone to realize this isn't a farmer issue. This isn't a Kings County issue. This fight is for all of California," said Ference.

The farm bureau is raising money to help with legal expenses -- and believes it has a good chance of winning.

The State Water Board sent Action News a statement saying it "is confident that it correctly applied its authorities to protect vital groundwater supplies in the Tulare Lake Subbasin."

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