Kings County Farm Bureau briefed Lemoore council on lawsuit challenging SGMA probation for Tulare Lake Subbasin

Dusty Ference, executive director of the Kings County Farm Bureau, told the Lemoore City Council on Aug. 5 that the bureau has sued to overturn the State Water Resources Control Board—s probationary designation of the Tulare Lake Subbasin under the Sustainable Groundwater Management Act (SGMA).

Ference said the bureau filed the suit in May after the Department of Water Resources referred the subbasin to the State Water Resources Control Board and the board placed the basin on probation in April 2024. He said the superior court issued a temporary restraining order in July 2024 and a preliminary injunction in September 2024 that prevent the board from implementing mandatory reporting, per-acre-foot pumping fees and a $300 per-well registration fee while the lawsuit proceeds.

The lawsuit, Ference said, challenges the board—s authority to impose those measures and seeks to force state agencies to follow required administrative procedures. "We filed the lawsuit to protect the Tulare Lake Subbasin," Ference said. "The lower court has prevented the state board from implementing those fees and rules until the court rules on the case." He estimated the court of appeal might act in November but cautioned the appeals court has its own schedule and could delay a ruling until after the new year.

Why it matters: Ference described potential economic effects if the state had been allowed to implement its plan. He told the council that in 2023 agriculture paid about $17,000,000 in property taxes to Kings County and that agriculture supports roughly one in four jobs in the county, including trucking and manufacturing. "The trickle-down and the multiplier in the local economy is huge," Ference said.

Ference said the Kings County Farm Bureau originally advanced eight causes of action in the complaint and now pursues seven; he told the council that the trial judge indicated the bureau is likely to prevail on most of them. He said the bureau believes its case has already affected how the state has treated other subbasins and that, if successful, the litigation could require the Department of Water Resources and the State Water Resources Control Board to follow the Administrative Procedure Act and related laws when evaluating compliance.

Public comment at the meeting included Thomas Marhart, who identified himself as a Lemoore resident and urged local leaders to support the farm bureau. "We need to push hard on that to drive that home," Marhart said, arguing that SGMA has led to lost land value and jobs. His remarks were presented as opinion and were not framed as a council action request.

Council action: No formal action or vote on the lawsuit occurred at the Aug. 5 meeting. Ference thanked the city for filing an amicus brief earlier in the year in support of the bureau; he described that prior filing as helpful to the bureau—s case but did not request new city action during the meeting.

Background and next steps: Ference said the litigation timeline is controlled by the courts. The bureau expects a trial on the merits and said the state board—s appeal of the preliminary injunction has delayed implementation of any state plan in the subbasin. He said the bureau will continue to pursue the case and answer council questions as the litigation proceeds.

Ending: Ference offered to answer further questions and the council thanked him for the briefing.