The State Water Resources Control Board unanimously voted to continue the hearing process for the Kern County Subbasin’s Sustainable Groundwater Management Act compliance today, despite community based organizations’ pleas to put the subbasin on probation.
The decision comes after Kings County Farm Bureau blocked the Tulare Lake probationary decision, earning a temporary injunction that will stop the board from collecting fees through the first half of 2026.
Having reviewed the resubmitted Kern County Subbasin 2024 Draft groundwater sustainability plans, the board staff identified that GSAs have addressed some issues with coordination, but recommended they revise methodologies that could result in incompatible criteria across the GSA and Hydrogeologic Conceptual Model boundaries. They also are requiring further clear language to explain the joint powers agreement.
On groundwater levels, the board is asking GSAs to establish minimum thresholds to adequately protect and consider varying levels of groundwater and revise their well monitoring network. With the ultimate goal of minimizing subsidence, the board also found the Kern GSAs have remaining inconsistencies and have not demonstrated measurable objectives on subsidence.
Despite the work the board will require from Kern County Subbasin GSAs, staff offered a self proclaimed “unusual” approach to the probationary process, making room to continue the hearing to Sept.17 to allow additional time as an alternative to probation.
Aaron Brieno, chief of staff for state Senator Melissa Hurtado, D-Bakersfield, was first to the podium, reiterating the senator's Feb. 13 letter to the board encouraging them not to put a conditional pause on the remaining technical issues.
Chad Givens, mayor for the city of Shafter, said the probation would be "unnecessarily detrimental” to the local community, particularly their large agricultural sector. He echoed Hurtado's request for a delay in probation to provide GSA’s a bit more time without greater state oversight.
Alexandra Biering, a policy advocate with California Farm Bureau, commended the staff for their work and echoed that placing the basin on probation would slow down current momentum to address the remaining deficiencies.
She also warned that moving forward with probation would provide the Legislature with ammunition to overhaul SGMA, which she warns would be a “dangerous thing” at this point.
Gail Delihant, Western Growers senior director of California government affairs, said the effort made by GSAs to meet deficiencies over the last year is “clear” and assured the board that all other issues would be addressed before the postponed hearing date.
Jennifer Clary, the California director of Clean Water Action, said, “I’ve never seen anything that wasn’t delayed,” referring to programs like CV-SALTS and the Irrigated Lands Regulatory Program.
Assuming the board would delay probation, she asked they include specific information that creates contingencies that GSAs conduct proactive outreach to impacted communities and report back how they’ve made contact. The staff included Clery’s recommendation as a condition of the continued hearing process.
Other community groups flagged what they’re calling a disproportionate effect on water users in the current plan’s drinking water provisions, asking the Kern County GSAs to establish more trust by creating a timeline to inform well users of the potential impacts to their available water as a result of the currently available GSPs.
Water Board Chairman E. Joaquin EsquivelChairman E. Joaquin Esquivel repeatedly thanked participants for the respectful and collaborative spirit they brought to the meeting, with board deliberation wrapping up within a few minutes after hours of public comment and panelist information.
The Kern County Subbasin will be considered for probation once again on Sept.17, when they promised to consider good actor exemptions should probation persist for some GSAs.
