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Judge extends temporary injunction against state over groundwater in Kings County

Farmers in Kings County have been given at least several more weeks before the state may intervene with stricter groundwater management measures.

On Tuesday, Kings County Superior Court Judge Kathy Ciuffini extended the temporary restraining order holding the state in check until Sept. 13.

The background story: The State Water Resources Control Board placed the Tulare Lake sub-basin under probation in April and imposed a $20 per acre-foot pumping fee for groundwater pumped into the basin.

  • The Kings County Farm Bureau responded with a lawsuit to block the state, arguing that the probation order was expensive, unnecessary and punitive and would undermine all local management efforts.

The big picture: Last month, Ciuffini issued a temporary restraining order against the state that bans all growers in the sub-basin from measuring or recording groundwater for the time being.

  • At Tuesday’s hearing, Ciuffini was expected to consider issuing a temporary restraining order against the state.
  • While the judge did not issue a temporary restraining order, the injunction extends the period during which farmers do not have to submit their pumping data to the state and continues to defer the $20 per acre-foot withdrawal fee.
  • The Kings County Farm Bureau expects Ciuffini to issue a temporary restraining order on September 13 or sooner.

What they say: “While we would have liked to have a decision today, KCFB appreciates Judge Ciuffini’s attention to detail and careful consideration of this groundbreaking decision,” said Executive Director Dusty Ference.

By Bronte

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