Board adopts minimal‑impact exclusion for Tule subbasin; staff to track data and potential changes

The State Water Board unanimously adopted a staff resolution to enact a "minimal‑impact" exclusion for certain small groundwater extractors in the Tule subbasin. The draft resolution, published Feb. 27 for public comment, would exempt extractors who pump 20 acre‑feet per year or less from reporting and associated pilot fees; extractors located within two miles of specified canals would not be eligible because of elevated subsidence risk.

Staff described the subbasin and explained that the proposed exclusion would leave roughly 98% of basin pumping subject to reporting and fees while exempting a large share of small users by parcel area. Staff noted the exclusion could be modified in future years following annual data collection and public notice required by open‑meeting rules.

Public commenters were split on technical and equity grounds. Luis Paniagua, a specialist who works with small farms at the University of California, urged the board to adopt the exemption to avoid imposing burdens on linguistically isolated, low‑income smallholders, arguing they represent a small share of total pumping but face disproportionate administrative burdens. By contrast, representatives of certain irrigation districts argued the exclusion could impede regional coordination and monitoring and asked staff to provide clearer technical justification and consider narrower thresholds in canal areas.

Board members approved the resolution after brief discussion and roll call (Tyler; Firestone; Muire; Morgan; Vice President Adamo; President Esquivel). The board recorded unanimous adoption and instructed staff to provide any revised language and continue outreach and data collection, including notice under the state open‑meeting law before substantive changes.