Agency Updates

AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE SOUTH FORK KINGS GROUNDWATER SUSTAINABILITY AGENCY ADOPTING RULES AND REGULATIONS TO FACILITATE AND ENABLE THE SUSTAINABLE MANAGEMENT OF
GROUNDWATER IN ACCORDANCE WITH THE SUSTAINABLE GROUNDWATER MANAGEMENT ACT

BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE SOUTH FORK KINGS GROUNDWATER SUSTAINABILITY AGENCY:

SECTION 1. Consistent with its control over the regulation of groundwater resources within its jurisdiction, and the powers vested in the South Fork Kings Groundwater Sustainability Agency (“SFK GSA”) through California state statutes and the California Constitution, the SFK GSA is authorized to develop and implement rules and regulations for the purpose of facilitating and enabling the sustainable management of groundwater resources in accordance with the Sustainable Groundwater Management Act (“SGMA”). The Board of Directors of the SFK GSA hereby make the following findings:

A. In September 2014, California Governor Jerry Brown signed three bills (SB 1168, SB 1319, and AB 1739) into law creating the Sustainable Groundwater Management Act of 2014, which was amended in September and October 2015 when the Governor also signed into law SB 13 and AB 617, respectively.

B. SGMA requires the formation of Groundwater Sustainability Agencies that will be responsible for implementing its provisions within each groundwater basin and subbasin subject to its provisions.

C. The Tulare Lake Subbasin is defined in the California Department of Water Resources Bulletin 118, in accordance with Water Code Section 12924.

D. The SFKGSA or Agency was established in a portion of the Tulare Lake Subbasin pursuant to a Joint Powers Agreement (“JPA”) on February 2, 2017, by and between the following public agencies: Empire West Irrigation District, the County of Kings, the City of Lemoore, Stratford Irrigation District, and Stratford Public Utilities District. The primary purpose for entering into this JPA was for its members to collectively develop, adopt, and implement a Groundwater Sustainability Plan (“GSP”) for the sustainable management of groundwater for that portion of the Tulare Lake Subbasin underlying their collective jurisdictional boundaries and service areas.

E. SGMA mandates generally that a GSP shall be adopted and implemented so that the groundwater within the SFK GSA can be sustainably managed in accordance with its statutes and regulations by 2040.

F. The SFK GSA is authorized by Water Code Section 10725.2 to adopt “rules, regulations, ordinances, and resolutions” to carry out the purposes of implementing SGMA and achieving its sustainability goals.

SECTION 2. The following “Rules and Regulations for the South Fork Kings Groundwater Sustainability Agency” shall be adopted and implemented as follows:

RULES AND REGULATIONS FOR THE SOUTH FORK KINGS GROUNDWATER SUSTAINABILITY AGENCY

General Provisions

Section 1.1 Purpose

These rules and regulations have been enacted by the Board of Directors of the South Fork Kings Groundwater Sustainability Agency (SFKGSA) for the purpose of facilitating and enabling the sustainable management of groundwater within the SFKGSA jurisdictional boundaries.

Section 1.2 Authority

Water Code Division 6, Conservation, Development and Utilization of State Water Resources, at Part 2.74, Chapter 5, Section 10725.2 expressly states as follows:

“A groundwater sustainability agency may adopt rules, regulations, ordinances, and resolutions for the purpose of this part, in compliance with any procedural requirements applicable to the adoption of a rule, regulation, ordinance, or resolution by the
groundwater sustainability agency.”

Section 1.3 Groundwater Sustainability Plan

Pursuant to Division 6, Conservation, Development and Utilization of State Water Resources, Part 2.74, Chapter 5, Section 10725, a groundwater sustainability agency may exercise the powers described in Chapter 5 provided the groundwater sustainability agency adopts and submits a groundwater sustainability plan to the Department of Water Resources. These rules and regulations are designed to implement the provisions of the Tulare Lake Subbasin GSP applicable to the SFKGSA, and may be amended at any time, if necessary, to achieve consistency with the groundwater sustainability plan and steps needed to achieve sustainability.

Pursuant to Division 6, Conservation, Development and Utilization of State Water Resources, Part 2.74, Chapter 5, Section 10720.5(b), however, nothing in the Tulare Lake Subbasin GSP, or these rules o regulations, is intended to determine or alter surface water rights under common law or any provision of law that determines or grants surface water rights.

Section 1.4 Definitions

“De minimis” means a person who extracts, for domestic purposes, two acre-feet of groundwater or less per year, as defined in SGMA.

“SFKGSA” means South Fork Kings Groundwater Sustainability Agency.

“Tulare Lake Subbasin GSP” means the Groundwater Sustainability Plan developed and submitted to the Department of Water Resources on behalf of the SFK GSA, among others, pursuant to Division 6, Conservation, Development and Utilization of State Water Resources, Part 2.74, Chapter 5.

“Operator” means an authorized representative of an owner.

“Owner” means fee title owner of land (landowners) within the SFKGSA boundaries.

“SGMA” means the Sustainable Groundwater Management Act.

“Water Year” means the 12-month period October 1, for any given year through September 30, of the following year. The water year is designated by the calendar year in which it ends, and which includes 9 of the 12 months. Thus, the year ending September 30, 2023, is called the “2023” water year.

“Water Mark” is an online software platform used for identifying Owners/Operators and registering a groundwater well within the SFKGSA.

“Sustainable Yield” means, consistent with Water Code section 10721(w), the maximum quantity of water, calculated over a base period representative of long-term conditions in the basin and including any temporary surplus, which can be withdrawn annually from a groundwater supply without causing an undesirable result.

“Gross Acre” is an acre within the SFKGSA assessed by Kings County, which has been in production after December 31, 2015, or is suitable for reasonable and beneficial use of groundwater. Land that does not meet this definition may be deemed to meet the definition pursuant to an approved request for variance.

“Eligible Land” land that is a “Gross Acre” and that is not owned or operated by a delinquent Owner or Operator.

“Municipal Water Users Account” is the annual quantity of groundwater consumed by a Public Water System from the previous calendar year, subtracted from the current calendar year Sustainable Yield as provided by the General Manager at the first Board Meeting of the new calendar year.

“Public Water System” is defined as a system that provides water for Human Consumption 1 to 15 or more connections or regularly serves 25 or more people daily for at least 60 days out of the year. California Safe Drinking Water Laws, August 2021, Title 22 § 116275 (i).

“Human Consumption” is the use of water for drinking, bathing, or showering, handwashing, oral hygiene, or cooking. It includes activities such as preparing food and washing dishes.

“Groundwater Allocation” is the portion of the SFKGSA groundwater Sustainable Yield ratably distributed to Eligible Land.

Section 1.5 Effective Date and Changes

These rules and regulations shall become effective upon adoption by ordinance and may be added to, amended and/or repealed at any time by resolution of the Board of Directors of the SFKGSA and such additions, amendments, and/or repeals shall become effective upon their adoptions or as otherwise specified by the Board of Directors.

Section 1.6 Actions Against the SFKGSA

Nothing contained in these rules and regulations shall constitute a waiver by the SFKGSA or estop the SFKGSA from asserting any defenses or immunities from liability as provided in law, including, but not limited to, those provided in Division 3.6 of Title 1 of the Government Code.

Section 1.7 Severability of Provisions

If any provision of these rules and regulations, or the application thereof to any person or circumstance, is held invalid, the remainder of these rules and regulations, and the application of its provisions to other persons or circumstances, shall not be affected thereby.

Groundwater Monitoring

Section 2.1 Online Well Registration, via Water Mark

2.1(a) New Extraction Facilities. Any new groundwater extraction facilities constructed after the enactment of these Rules and Regulations shall be registered with the SFKGSA within 30 days of the completion of drilling activities. All Owners and/or Operators of new extraction facilities (including De minimis wells) are required to register with the SFKGSA by using the online portal at https://southforkkings.org/well-registration/.

2.1(b) New Extraction Facilities Registration Requirement. The owner of an extraction facility to be registered pursuant to this Section 2.1 shall provide, in full, at a minimum, the following information:

(i) Name and address of the operator(s).
(ii) Name and address of the owner(s) of the land upon which the extraction facility is located.
(iii) Well Completion Report, filed with the Department of Water Resources, pursuant to California Water Code section 13751, or if not available, construction information about the extraction facility, including total depth of the well casing, size of the well casing, and location or depth of perforations.
(iv) Information on the size of the extraction facility, including pump size (horsepower) and pump
test information or estimated pumping capacity.
(v) Location, parcel number and state well number of the water extraction facility.

2.1(c) Penalty for Failure to Register. Failure to register an extraction facility pursuant to this subsection within 30 days of construction shall incur a penalty to be determined by resolution of SFKGSA
Board of Directors.

2.1(d) Existing Extraction Facilities. All existing extraction facilities shall be registered with the SFKGSA by using the online portal (https://southforkkings.org/well-registration/), no later than April 1, 2024, including De Minimis wells.

2.1(e) Existing Facility Registration Requirement. The owner of an extraction facility to be registered pursuant to this subsection shall provide, in full, the information required to complete the registration form provided by the SFKGSA that includes, the following if such information exists:

(i) Name and address of the operator(s).
(ii) Name and address of the owner(s) of the land upon which the extraction facility is located.
(iii) Well Completion Report, filed with the Department of Water Resources, pursuant to California Water Code section 13751, or if not available, construction information about the extraction facility, including total depth of the well casing, size of the well casing, and location or depth of perforations.
(iv) Information on the size of the extraction facility, including pump size (horsepower) and pump test information or estimated pumping capacity.
(v) Location, parcel number and state well number of the water extraction facility.
(vi) Information on the type of installed flowmeter (if any).

2.1(f) Penalty for Failure to Register. Failure to register an extraction facility pursuant to this subsection by April 1, 2024, shall incur a penalty to be determined by the resolution of the SFKGSA Board of Directors.

2.1(g) Change in Owner. The name of the owner of each registered extraction facility, the parcel number on which the facility is located, along with the names of all operators for each extraction facility shall be reported to the SFKGSA within thirty (30) days upon any change of ownership or operators, together with such other information required by the SFKGSA.

Section 2.2 Authority Regarding Measurement of Consumed Groundwater

2.2(a) Pursuant to authority granted under the Water Code Division 6, Conservation, Development and Utilization of State Water Resources, Part 2.74, Chapter 5, Section 10725.8, the SFKGSA does hereby require all new extraction facilities registered pursuant to Section 2.1, excluding de minimis users, to be measured by the ET method described in subsection 2.2(b)

2.2(b) Criteria for Using Evapotranspiration Method. Groundwater extraction shall be measured according to the evapotranspiration method described in this subsection. Crop evapotranspiration (ET) is estimated using remote sensing from LandSAT satellites. The satellite data is entered into a model, which is used to estimate the ET rate and ET spatial distribution of an area in any given time. When appropriately calibrated to land-based ET and/or climate stations and validated crop surveys, the satellite-based model provides an estimate of crop ET, and thereby, consumptive use.

Groundwater Accounting/Data Management System

Section 3.1 Authority

Division 6, Conservation, Development and Utilization of State Water Resources, Part 2.74, Chapter 5,
Section 10726.4 Water Code, expressly authorizes a groundwater sustainability agency to establish
accounting rules to allow unused groundwater extraction allocations to be carried over and transferred.

Section 3.2 Online Water Accounting Database.

The SFKGSA shall establish an online database for owners to account for total water use within the SFKGSA.

Section 3.3 Categories of Water

3.3(a) Sustainable Yield Allocations. As described further herein, Sustainable Yield shall consist of (1) Native Sustainable Yield, and (2) Total Precipitation, 3) Transitional Pumping, and may be credited to an Owner or Operator’s account. Transfers of Sustainable Yield, as described elsewhere herein, may be debited from an Owner or Operator’s account, with approval from the SFKGSA.

3.3(b) Groundwater Credits. As described elsewhere herein, an Owner or Operator’s account may be credited or debited with groundwater credits.

3.3(c) Surface Water Credits and Debits. As described elsewhere herein, an Owner or Operator’s account may be credited or debited with surface water. In addition, as described elsewhere herein, an Owner or Operator’s account may be credited or debited with groundwater recharge or banking activities. Transfers will be recognized by the SFKGSA when authorized by the applicable surface water entity.

3.3(d) Groundwater Used Above Sustainable Limits. As described elsewhere herein, groundwater used above sustainable limits will incur a penalty to be determined by the resolution of the SFKGSA Board of Directors.

Section 3.4 Priority of Use

with the priority of use for the multiple categories of credits under these rules and regulations shall be as
follows:

1. Precipitation
2. Applied Surface Water
3. Banking Credits
4. Sustainable Yield
5. Transitional Pumping

Each Owner or Operator has the power to elect the order of credits to be debited for items 3, 4, and 5.

Section 3.5 Net Groundwater Consumptive Use Reporting and Debiting

3.5(a) Amount of New Groundwater Consumptive Use. The amount of net groundwater consumptive use will be calculated monthly, within 30 days of the end of the prior month. Calculations will be prepared by the SFKGSA consulting engineer to determine the net groundwater consumed using the following formula:

(i) Net Consumed Groundwater Used = Calculated ET using crop coefficients and actual weather data.

Using crop ET, the net consumed groundwater used will be provided by the SFKGSA’s consulting engineer. After the calculation is completed, each month as described in this section, the net groundwater consumed will be debited from the Owner or Operator groundwater account.

3.5(b) Appeal Process. Within thirty (30) days of notification of the net consumed groundwater use, any owner may protest the amount or the method. The protest must be submitted to the SFKGSA in writing and shall include an explanation of the basis for which the protest is being made. The SFKGSA consulting engineer and general manager shall investigate matters related to the protest and may present relevant information, along with recommendations, to the SFKGSA Board of Directors within sixty (60) days of receipt of all relevant information, including the possibility of authorizing a separate measurement
methodology not identified in these rules and regulations.

Section 3.6 Surface Water Reporting

Any Owner or Operator within the SFKGSA that utilizes surface water shall cause to be reported from the applicable surface water entity, the amount of diversion of surface water to direct irrigation.

Section 3.7 Groundwater Recharge and Banking Reporting

An Owner or Operator within the SFKGSA which is performing recharge or groundwater banking activities shall report, or cause to be reported, the diversion of surface water to underground storage to the SFKGSA. Prior to crediting or debiting the Owner or Operator’s account, SFKGSA shall ensure the request is consistent with any applicable groundwater banking or recharge policy, including but not limited to Section 6.1.

Allocations

Section 4.2 Sustainable Yield Calculation

The sustainable yield is currently being evaluated as part of the revisions to the Tulare Lake Groundwater Model. Based on current available information, the sustainable yield is expected to be on the order of 0.65 acre-feet per acre (af/ac). This value will be updated once the modeling efforts are completed in Fall 2024.

Section 4.3 Allocations by Landowner.

Beginning January at the first SFKGSA Board Meeting of each calendar year the SFKGSA General Manager will provide a groundwater allocation schedule for Board approval. No groundwater shall be allocated to Public Water Systems, and De Minimis Users. Starting on January 1, 2024, an interim groundwater allocation will be as follows:

(i) 2.0 acre-ft per Eligible Land, and this allocation will sunset in January of 2027.

Section 4.4 Exceedance of Allocation.

Penalties for exceeding the allocation schedule authorized pursuant to Section 4.3 shall be determined by the resolution of the SFKGSA Board of Directors.

Fees and Penalties

Section 5.1 Groundwater Extraction Fees

5.1(a) Groundwater Extraction Fees. The Board may propose fees, including groundwater extraction fees, consistent with Water Code Division 6, Conservation, Development and Utilization of State Water Resources, Part 2.74, Chapter 5, Section Sections 10730 through 10730.6, and the California Constitution.

5.1(b) De Minimis Extractors. No extraction fees shall be charged to any de minimis extractor.

Section 5.2 Real Property Assessments

The Board may propose land-based assessments (Proposition 218) consistent with Water code Division 6, Conservation, Development and Utilization of State Water Resources Part 2.74, Chapter 5, Section 10730, and the California Constitution.

Section 5.3 SGMA Penalties

Any owner, operator or other person who violates the provisions of these rules and regulations is subject to the criminal and civil sanctions set forth in SGMA.

Section 5.4 Civil Remedies

Upon the failure of any person to comply with any provision of these rules and regulations, the SFKGSA may petition the Superior Court for a temporary restraining order, preliminary or permanent injunction, or such other equitable relief as may be appropriate. The right to petition for injunctive relief is an additional right to those, which may be provided elsewhere in these rules and regulations or otherwise allowed by law. The SFKGSA may petition the Superior Court to recover any sums due to the SFKGSA.

Surface Water Recharge in the Underground

Section 6.1 Groundwater Recharge

Owners and Operators may use existing facilities to store surface water underground within the SFKGSA jurisdictional boundaries. An Owner or Operator who stores surface water pursuant to this Section may subsequently put such water to beneficial use within the SFKGSA jurisdictional boundaries or may transfer the water to another Owner or Operator for use within the SFKGSA. The use of stored water pursuant to this Section must be achieved utilizing on-farm activities. All water stored within this Section must be used within the SFKGSA jurisdictional boundaries. Each Owner or Operator who stores surface water pursuant to this Section shall provide accurate, verifiable records of the quantity and source of surface water stored for recharge, confirmed by the district or entity that supplied the surface water. The Owner or Operator shall adhere to any rules promulgated by any district or entity supplying the surface water. Surface water stored and documented in compliance with the requirements of this Section shall be credited to the relevant Owner or Operator’s account as a surface water credit. Each Owner or Operator shall be solely responsible for locating, purchasing, accessing, or otherwise acquiring surface water for the purpose of recharging pursuant to this Section.

SECTION 3. The Board of Directors of the SFK GSA intends this Ordinance to supplement, not to duplicate or contradict applicable state law and this Ordinance shall be construed in light of that intent.

SECTION 4. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The Board of Directors of the SFK GSA hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or
phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 5. The Ordinance does not determine or alter water right entitlements, including those which may be asserted pursuant to California Water Code sections 1005.1, 1005.2 or 1005.4. In the event a court of competent jurisdiction comprehensively determines groundwater rights in the Subbasin, it is the intent of the Board to amend this ordinance in a manner consistent with water right priorities in any final judgment entered in the adjudication.

SECTION 6. This Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Water Code Section 10728.6 and CEQA Guidelines sections 15061(b)(3), 15307 and 15308.

SECTION 7. This Ordinance shall take effect thirty (30) days after its adoption.

SECTION 8. The Board President and Secretary shall certify to the passage and adoption of this Ordinance.

The South Fork Kings Groundwater Sustainability Agency Board of Directors will be voting on Ordinance 2023-01 (Rules and Regulations), at its next business meeting on November 16, 2023. Comments can be addressed to the General Manager, Mr. Paul Stiglich at paul@southforkkings.org or in person at the meeting location: 429 C Street Lemoore, CA 93245, starting at 5:30 PM.

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State Water Resources Control Board

NOTICE OF OPPORTUNITY TO PROVIDE FEEDBACK, PUBLIC STAFF WORKSHOPS, AND PUBLIC BOARD HEARING FOR THE PROPOSED DESIGNATION OF TULARE LAKE SUBBASIN AS A PROBATIONARY BASIN

A copy of this notice in Spanish can be found at (Este aviso está en español en): bit.ly/swb_sgma_tulare_lake

NOTICE IS HEREBY GIVEN

The California State Water Resources Control Board (State Water Board or Board) will hold a public hearing at which it will consider designating the Tulare Lake Subbasin as a probationary basin pursuant to the Sustainable Groundwater Management Act (SGMA). The hearing will include time for public comments and Spanish interpretation will be available. Participants can provide comments during the hearing in-person or via Zoom. Participants can also follow the instructions below to provide written comments. Additionally, there will be a watch-only webcast option for viewing the hearing. The State Water Board will hold the public hearing at the time and location noted below.

Public Board Hearing
Tuesday, April 16, 2024, at 9:30 a.m.

In-Person Location
Coastal Hearing Room
Joe Serna Jr.– CalEPA Headquarters Building
1001 I Street, Second Floor
Sacramento, CA 95814

To Participate Virtually and Provide Oral Public Comment During the Hearing
Before or on the day of the public Board hearing, fill out a virtual speaker card using our online form at bit.ly/speaker-card-form. The form will not accept responses until a few days prior to the public hearing. The Board clerk will respond with Zoom login
information in advance of the meeting. For more information about participating remotely, please visit bit.ly/providingcomments.

To Watch Only and Not Provide Comment
The English and Spanish webcast of the public hearing with closed captioning can be accessed at video.calepa.ca.gov.

PROVIDE FEEDBACK ON STAFF RECOMMENDATION
The State Water Board will not make a decision about a probationary designation for the Tulare Lake Subbasin until the public hearing described above; however, State Water Board staff have developed a draft recommendation for the State Water Board to consider, which describes the actions staff recommends the State Water Board should take. We invite your input on the draft staff report no later than December 11, 2023, at 12:00 noon. Staff will consider all comments received by the December 11, 2023, at noon deadline when developing the final staff report.

• Draft Staff Report – Executive Summary: bit.ly/tldraftsum
• Draft Staff Report – Full Report in English: bit.ly/tularelakedraft

INSTRUCTIONS FOR SUBMITTING WRITTEN COMMENTS
Persons interested in submitting written comments on the probationary notice or draft staff report are encouraged to submit electronic comments. All written comments must be received no later than December 11, 2023, at 12:00 noon. Please use the subject line: “Comments – Tulare Lake Subbasin.”

Electronic Comments:

Written comments may be submitted electronically via email in pdf format (if less than15 megabytes in total size) to SGMA-TulareLake@waterboards.ca.gov. If the file is greater than 15 megabytes in size, the written comments may be submitted by fax at (916) 341-5620, in multiple emails, by mail, or hand delivery.

Mail/Hand Delivery:

Comments submitted by mail or hand delivery must be addressed as follows:

Courtney Tyler, Clerk to the Board
State Water Resources Control Board
1001 I Street, 24th Floor, Sacramento, CA 95814-0100 (hand delivery)
P.O. Box 100, Sacramento, CA 95812-2000 (mail)

Mail must be received (not postmarked) at the State Water Board office by December 11, 2023. All hand-delivered submittals must arrive and be date and timestamped prior to December 11, 2023, at 12:00 noon. Couriers delivering hard copies of comment letters must check-in with lobby security personnel who will contact the Clerk to the Board at (916) 341-5611.

If you would like a copy of the written comments submitted on this subject, please send a request to SGMA-TulareLake@waterboards.ca.gov identifying the subject listed above. Copies of written comments will not be available until after the comment deadline.

PUBLIC STAFF WORKSHOPS PRIOR TO PUBLIC PROBATIONARY BOARD HEARING

Staff will also hold two public staff workshops to explain the draft staff report and share more about how to participate in the State Water Board’s state intervention process. Staff will also accept verbal public comments on the draft staff report at the workshops. While a quorum of the State Water Board may be present, the State Water Board will not take regulatory action at the workshops.

Virtual Staff Workshop
Friday, November 3, 2023
11:00 AM – 1:30 PM
Staff presentation will start at 11:00 AM
Staff will begin accepting public comments at 12:00 PM
Zoom link: https://kearnswest.zoom.us/j/86732195332

In-Person Staff Workshop
Wednesday, November 8, 2023
6:00 PM – 8:30 PM
(No internet viewing option; in-person only)
Staff presentation will start at 6:00 PM
Staff will begin accepting public comments at 7:00 PM
Hanford Civic Auditorium
400 N Douty Street,
Hanford, CA 93230

LANGUAGE ACCESS

Spanish language interpretation will be provided at the public staff workshops on November 3 and 8, 2023, and at the public Board hearing on April 16, 2024. To request interpretation in another language or sign language services, please submit your
request by the following deadlines: October 20 for the November 3, 2023 virtual public workshop, October 25 for the November 8 in-person public workshop, and April 2 for the April 16, 2024 public Board hearing. Submit your request using one of the following options:

• Complete an online request at bit.ly/LanguageAccessForm
• Call (916) 341-5254
• Email OPP-LanguageServices@waterboards.ca.gov

ACCESSIBILITY

The Hanford Civic Auditorium and the CalEPA Building are both accessible to persons with disabilities. Individuals requiring special accommodations are requested to call (916) 341-5261 at least 5 working days prior to the meeting. Telecommunications Device for the Deaf (TDD) users may contact the California Relay Service at (800) 735-2929 or voice line at (800) 735-2922.

PARKING

November 8, 2023 Public Staff Workshop:

Public street parking is available on Douty, Irwin, and Eighth streets adjacent to the Hanford Civic Auditorium.

April 16, 2024 Public Board Hearing:

For directions to the Joe Serna, Jr. (CalEPA) Building and public parking information, please refer to the map at www.calepa.ca.gov/headquarters-sacramento/location.

All visitors to the CalEPA Building are required to sign in and obtain a visitor badge at the Visitor Services Center located just inside the main entrance (10th Street entrance) of the lobby of the building. Valid picture identification may be required. Please allow up to 15 minutes for receiving security clearance.

BACKGROUND

SGMA and State Intervention

SGMA (Senate Bill [SB] 1168, Assembly Bill 1739, and SB 1319) requires local groundwater sustainability agencies (GSAs) to develop and implement groundwater sustainability plans (GSPs) so that the many uses of groundwater can continue into the
future. If local GSAs do not propose an adequate plan to sustainably manage groundwater use in their basin, SGMA gives the State Water Board authority to protect groundwater resources through a process called “state intervention.” State intervention
is additional to local management and is intended to be temporary, lasting only until local agencies demonstrate an adequate plan to manage their respective basins.

Inadequate Groundwater Sustainability Plan and State Intervention Trigger

The Department of Water Resources (DWR) has designated the Tulare Lake Subbasin as a high-priority basin that is subject to critical conditions of overdraft. The GSAs for the Tulare Lake Subbasin adopted a groundwater sustainability plan for the Subbasin on January 29, 2020, and submitted the plan to DWR for review.

On March 2, 2023, DWR determined the GSP for the Tulare Lake Subbasin to be “inadequate.” The DWR inadequate determination of the Tulare Lake GSP triggers “state intervention” with the State Water Board. (Wat. Code, § 10735.2, subd. (a)(3).)

Effects of a Probationary Designation

After state intervention is triggered in a groundwater basin, the next step is for the State Water Board to consider making a probationary determination for the basin. This is done through a public process that includes the probationary public hearing
discussed in this notice. If the State Water Board designates a basin as probationary, GSAs have time to address the issues (deficiencies) that caused the basin to go into probation while the State Water Board will focus on data collection and analysis to better understand what management challenges are occurring in the basin.

To acquire the necessary data, the State Water Board can require extractors (groundwater pumpers) to install meters to measure and report their groundwater extractions accurately. Alternatively, the State Water Board can specify other means for
measuring and reporting groundwater extractions. (Wat. Code, § 10735.2, subd. (c)(3).)

Extractors must report all groundwater extractions annually to the State Water Board and pay reporting fees to cover the cost of Board activities, except where excluded by SGMA or the Board. (Wat. Code, § 5202.) The State Water Board may also conduct investigations and gather data necessary for sustainable groundwater management. (Wat. Code, § 10736.6.)

Local agencies have at least one year from the probationary designation to resolve the deficiencies identified by the State Water Board. If, after a year, local agencies have not resolved the deficiencies, the State Water Board may develop an interim plan to manage groundwater use in the basin. An interim plan is intended to be a temporary measure to protect groundwater until effective local management is in place. Adoption of an interim plan would only occur after public notice and a public hearing.

SIGN UP FOR UPDATES
Subscribe to our Groundwater Management email list to receive updates related to State Water Board actions under SGMA. See the “Stay Informed” section on the State Water Board’s SGMA website, http://www.waterboards.ca.gov/sgma

ADDITIONAL INFORMATION

Find information on state intervention in the Tulare Lake Subbasin at the State Water Board’s Tulare Lake Subbasin webpage bit.ly/swb_sgma_tulare_lake.

For questions regarding the workshop or this notice, please contact us at SGMA@waterboards.ca.gov or at (916) 322-6508.

For more information about the State Water Board’s role in SGMA, visit: www.waterboards.ca.gov/sgma.

October 12, 2023

Date Courtney Tyler
Clerk to the Board

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October 2023

The mission of the State Water Resources Control Board (State Water Board) is to preserve, enhance, and restore the quality of California’s water resources and drinking water for the protection of the environment, public health, and all beneficial uses, and to ensure proper water resource allocation and efficient use, for the benefit of present and future generations. The State Water Board is committed to racial equity and working towards a California where race no longer predicts a person’s access to, or quality of, water resources.

In 2014, the state Legislature passed the historic Sustainable Groundwater Management Act (SGMA) that established a new framework for how groundwater would be managed locally at the basin scale to achieve long term sustainability. Local agencies are responsible for the sustainable management of their groundwater basins; however, state agencies are responsible for ensuring local groundwater management achieves SGMA’s goals. SGMA provides the State Water Board and the California Department of Water Resources (DWR) with oversight of groundwater resources to protect them for use by the communities, farms, and environmental resources that depend upon them. The Tulare Lake Subbasin (subbasin) is critically over drafted; on average, water is being pumped out of the basin faster than it is recharged by rain and other sources. Overdraft can cause the land surface to sink, potentially damaging infrastructure.

In addition, overdraft threatens groundwater levels and drinking water quality and could have disparate impacts on communities, many economically disadvantaged, that rely on shallow wells. Due to historic urban segregation, redlining, and the racialized exclusion from public benefits, people of color are often disparately impacted.

The State Water Board recognizes that significant efforts were made by local public agencies in the Tulare Lake Subbasin since the passage of SGMA to form groundwater sustainability agencies (GSAs) and then develop detailed technical and other information supporting the adoption and implementation of a groundwater sustainability plan (GSP) for the subbasin. Despite those efforts, in January of 2022, DWR reviewed the GSP to determine if it met SGMA’s requirements and found it to be incomplete. Following revisions made by the GSAs in the subbasin, DWR reevaluated the GSP in March of 2023, determined it to be inadequate, and referred the subbasin to the State Water Board, as required by SGMA. Consistent with SGMA, the State Water Board may now consider whether to designate the Tulare Lake Subbasin as a “probationary basin,” a term that is used in SGMA to describe the first stage of state intervention.

The goals of this executive summary are to:

• Describe SGMA and the State Water Board’s state intervention process to provide context for the State Water Board’s upcoming Tulare Lake Subbasin Probationary Hearing (Probationary Hearing).
• Briefly describe the demographics, geology, and hydrology of the Tulare Lake Subbasin; and
• Summarize the recommendations by State Water Board staff, which are actions the State Water Board could take at the subbasin Probationary Hearing. These recommendations are to:
  • Designate the subbasin probationary. In the short term, this would mean most groundwater pumpers in the basin would need to start measuring their groundwater extractions, report them to the State Water Board, and pay fees. State Water Board staff recommends that most domestic household users (people who use less than two acre feet per year for domestic purposes only) be exempt from reporting extractions and paying fees.
  • Identify certain deficiencies (issues with the subbasin’s current groundwater sustainability plan) and potential actions to address them.
  • Not exclude any portions of the subbasin from the probationary status.
  • Require people who extract more than 500 acre feet per year of groundwater from the subbasin to install and use meters to measure their groundwater extractions.
  • Shift the reporting deadline for groundwater extractors from February 1 of each year to December 1.

The complete Draft Tulare Lake Subbasin GSP Assessment Staff Report (Draft Staff Report) provides a full discussion of SGMA and state intervention, background and current conditions in the subbasin, and State Water Board staff’s detailed recommendations to the State Water Board. Section references in this Executive Summary refer to the corresponding section in the Draft Staff Report.

SGMA and State Intervention (Section 2)

SGMA established a new framework for groundwater management in California. SGMA requires local agencies to form GSAs in high and medium priority basins and to develop and implement GSPs. GSAs are responsible for achieving long term sustainable management of their groundwater basins that avoids certain undesirable results within 20 years of implementing their GSPs.

When DWR, in consultation with the State Water Board, deems the GSP or GSPs in a high or medium priority basin inadequate (Wat. Code, § 10734.2, subd.) DWR refers the basin to the State Water Board for a determination as to whether to begin the state intervention process (Wat. Code, § 10735). State intervention is additional to local management and intended to be temporary, and is a twostep process:

• The first step under SGMA is for the State Water Board to determine, through a public process, whether to place the basin on probation.
• In the second step, through a public process, the State Water Board may implement an Interim Plan for the basin. This can only happen if deficiencies are not fixed after at least one year of the basin being on probation.

In determining whether to put a basin on probation, the State Water Board analyzes whether deficiencies identified by DWR were sufficiently addressed prior to the probationary hearing. As part of its analysis, and as reflected in State Water Board Resolution 20210050, Condemning Racism, Xenophobia, Bigotry, and Racial Injustice and Strengthening Commitment to Racial Equity, Diversity, Inclusion, Access and Anti Racism, the State Water Board considers the impacts of basin noncompliance on vulnerable communities, including communities of color.

During a probationary period, GSAs would have time to resolve deficiencies identified in their GSPs and the State Water Board would collect data on groundwater extractions, collect fees from certain groundwater users, and may conduct additional investigations. Importantly, the GSA retains its authorities and responsibilities and must continue to implement its GSP regardless of if the basin is in probation.

Basin Description (Section 3)

Located in California’s Central Valley in the southern portion of the San Joaquin Valley, the Tulare Lake Subbasin (Figure 1) is bounded to the north by the Kings Subbasin, the northeast by the Kaweah Subbasin, the southeast by the Tule Subbasin, the south by the Kern Subbasin, the southwest by the Kettleman Plain Subbasin, and to the northwest by the Westside Subbasin. The Subbasin covers approximately 535,869 acres or about 837 square miles.

The subbasin contains six localized urban areas, including the cities of Corcoran, Lemoore, Hanford, and the communities of Armona, Home Garden, Stratford, and Kettleman City. According to the Census Block Group Data 2022, the Tulare Lake Subbasin has an estimated population of 145,933 people as of 2022. Most of the land within the subbasin and surrounding areas is used for growing crops and raising livestock. The primary land use designations for urban land are residential, commercial, and industrial. The Tulare Lake Subbasin is currently managed by five GSAs, and the full list of member agencies can be found in Section 3.

Beneficial uses of groundwater in the subbasin include drinking water, agriculture, environment, and oil and gas production. The subbasin contains several aquifers, which are bodies of rock and/or sand and soil that hold groundwater. These aquifers are separated by layers of clay, which slows the movement of water between aquifers and can act as a barrier. The GSP divided the subbasin into three different aquifer zones relevant to groundwater management:

• A-zone: is the shallowest aquifer and is generally about 100 feet deep from the surface.
• B-zone: is below the A-zone and is separated from the other zones by clay layers. This zone is approximately 100 to 700 feet deep.
• C-zone: is below the B-zone and is separated from the B-zone by a thick clay layer that extends underground across much of the San Joaquin Valley. The aquifer below this thick clay layer behaves differently than the shallow aquifers because of physical properties. The C-zone is approximately more than 700 feet deep in the subbasin.

Groundwater is the main source of water for agricultural and urban land uses, but surface water is also available as a resource. The Kings River is the largest and most consistent source of surface water to the subbasin. Currently, both local and imported surface water is delivered through at least 34 conveyance systems (rivers, streams, canals, and diversions) throughout the subbasin (2022 GSP).

For more information on the history, demographics, economy, governance context, groundwater levels, groundwater quality, and subsidence in the subbasin, please refer to Section 3.

Recommendations for State Water Board Action (Section 4)

SGMA states, “in those circumstances where a local groundwater management agency is not managing its groundwater sustainably, the State needs to protect the resource until it is determined that a local groundwater management agency can sustainably manage the groundwater basin or subbasin.” In March 2023, DWR determined the Tulare Lake Subbasin 2022 GSP to be inadequate. State Water Board staff agree with this determination. Now, the State Water Board may determine whether a probationary designation is warranted. State Water Board staff have reviewed the GSP and the DWR staff reports documenting DWR’s review of the GSP.

Staff recommends the State Water Board designate the subbasin as probationary, and note the following:

The GSP will allow substantial impacts to people who rely on domestic wells for drinking, bathing, food preparation, and cleaning, as well as impacts to critical infrastructure such as canals, levees, and the aquifer itself within the subbasin. These undesirable results are likely to occur to an extent in the subbasin that will prevent the subbasin from reaching sustainability by 2040, as required by SGMA. Designating the subbasin probationary is critical for getting the subbasin back on track to achieve sustainability by 2040.

Section 4 of the Draft Staff Report explains State Water Board staff recommendations for a potential probationary designation of the subbasin. These recommendations are described below.

GSP Deficiencies and Potential Actions to Address Deficiencies (Section 4.1)

State Water Board staff have identified specific deficiencies in the Tulare Lake Subbasin 2022 GSP and have outlined potential corrective actions to address those specific deficiencies. The Draft Staff Report also incorporates deficiencies identified by DWR’s determination. Deficiencies that have been identified within the GSP relate to:

1. Chronic lowering of groundwater levels with insufficient management criteria.
2. Continued land subsidence (sinking).
3. Further degradation of groundwater quality.

A summary of the GSP deficiencies and corrective actions are described in further detail below.

To end State Water Board intervention in a groundwater basin, GSAs in that basin must demonstrate their ability and willingness to manage groundwater sustainably and address the issues that caused state intervention to occur. Ultimately, the State Water Board will evaluate any updated and adopted GSP as a whole and will determine whether the GSAs have addressed the deficiencies, whether the GSP is consistent with SGMA, and whether the GSAs are implementing the GSP in a manner that the State Water Board finds will likely achieve sustainability in the subbasin.

Defining and Avoiding Undesirable Results Related to Chronic Lowering of Groundwater Levels (Deficiency GL – Section 4.1.1)

Under SGMA, one piece of achieving the sustainability objective for a basin is avoiding “chronic lowering of groundwater levels indicating a significant and unreasonable depletion of supply if continued over the planning and implementation horizon.” Lowering groundwater levels can cause shallow wells to go dry or reduce their productivity, increase the energy costs of pumping, bring polluted water closer to well screens (the area where groundwater enters a well), or reduce water available for deep rooted plants. Lowering groundwater levels also makes it more difficult to avoid other, related undesirable results caused by groundwater conditions, including land subsidence and depletions of interconnected surface water.

In the Tulare Lake Subbasin, the A-zone and B-zone aquifers are most susceptible to impacts from lowering of groundwater levels, as there are many domestic wells and community water system wells screened in the A and B zones.

DWR concluded that the Tulare Lake Subbasin 2022 GSP does not adequately justify its approach for developing sustainable management criteria for lowering groundwater levels. These are the criteria the GSAs will use to evaluate success in the subbasin. In addition, DWR notes that the sustainable management criteria would likely result in significant and unreasonable impacts to people who rely on shallow wells.

State Water Board staff have built on DWR’s analysis, noting the GSP does not clearly address the likelihood that all the wells in the shallow part of the basin (the A-zone) could go dry based on the GSP’s approach, nor does it identify the wells that could be impacted by the GSP’s current approach. Staff also describe gaps in the GSAs’ proposed well impact mitigation proposal and the feasibility of avoiding chronic lowering of groundwater levels with the projects and management actions proposed in the GSP.

Staff propose potential actions to address the deficiency, including the following:

• Define the undesirable result for the chronic lowering of groundwater levels. Meaningfully engage with users in the subbasin to seek and incorporate feedback on a definition of an undesirable result for chronic lowering of groundwater levels specific to the subbasin and protective of drinking water users.
• Fill data gaps in the subbasin water budget and use the data to develop quantitative criteria that avoid undesirable results.
• Fill data gaps in the groundwater level monitoring network, especially in the A-zone.
• Commit to accessible, comprehensive, and appropriately funded well impact mitigation programs that mitigate for impacts to wells affected by lowering of groundwater levels and degradation of water quality.
• Plan ahead for drought conditions and commit to managing demand.
• Describe the relationship between minimum thresholds (the lowest acceptable level) for each sustainability indicator. Revise groundwater level minimum thresholds as necessary to avoid undesirable results for other sustainability indicators.

Defining and Avoiding Undesirable Results Related to Land Subsidence (Deficiency LS – Section 4.1.2)

Another consideration under SGMA is avoiding “significant and unreasonable land subsidence that substantially interferes with surface land uses.” (Wat. Code, § 10721, subd. (x).) Subsidence is the sinking of land caused by groundwater removal. Land subsidence from excessive groundwater extraction can cause irreversible damages to infrastructure (bridges, roads, pipelines, canals, levees, and buildings) and aqueduct operations. Land subsidence can also diminish the storage capacity of an aquifer, which reduces the available groundwater storage for the future. Importantly, subsidence and its reductions on groundwater storage are often irreversible.

In the Tulare Lake Subbasin, subsidence is primarily caused by the removal of water from the clay layers by groundwater extraction, which causes irreversible compaction and sinking of the land surface. In the subbasin, pumping from the C-zone is likely the primary cause of subsidence.

DWR concluded that the Tulare Lake Subbasin 2022 GSP does not adequately justify its approach for developing sustainable management criteria for subsidence, the criteria that the GSAs will use to evaluate success in the subbasin. DWR also noted that the GSP does not clearly define how it avoids “significant and unreasonable effects on critical infrastructure.” (2022 GSP Inadequate Determination, p. 17.)

State Water Board staff have built on DWR’s analysis, noting that subsidence may substantially increase flooding risks, and have concluded that the 2022 GSP lacks a detailed analysis of the effects of subsidence on all beneficial uses and users within the subbasin. State Water Board staff therefore conclude that significant and unreasonable subsidence may occur under the 2022 GSP.

Potential actions to address the subsidence deficiency include the following:

• Clearly describe the subsidence conditions that would result in an undesirable result for the basin and provide enough detail that associated minimum thresholds can be determined. (Cal. Code Regs., tit. 23, § 354.28.)
• Develop quantitative criteria that avoid undesirable results and conform with agreements with other agencies.
• Consult with flood management agencies and expand the GSP’s analysis of land subsidence impacts on flood infrastructure.
• Plan ahead to avoid significant and unreasonable land subsidence

Degraded Groundwater Quality (Deficiency GWQ – Section 4.1.3)

Another consideration under SGMA is avoiding “significant and unreasonable degraded water quality, including the migration of contaminant plumes that impair water supplies.” (Wat. Code, § 10721, subd. (x).) Degradation of water quality can limit local water supplies and beneficial uses, and SGMA requires GSAs to consider the interests of all beneficial uses and users of groundwater, including municipal well operators and public water systems. (Wat. Code, § 10723.2.)
Water quality degradation that significantly and unreasonably affects the supply or suitability of groundwater for use in drinking water systems is an undesirable result.

In the Tulare Lake Subbasin, water quality degradation could occur in any of the three zones.
DWR concluded the Tulare Lake Subbasin 2022 GSP does not adequately justify its approach for developing sustainable management criteria for Degraded Water Quality, the criteria that the GSAs will use to evaluate success in the subbasin. DWR also recommended that the GSA describe the historic and current groundwater quality conditions within the principal aquifers including the primary groundwater quality constituents (pollutants) identified.

State Water Board staff have built on DWR’s analysis, noting concerns with the monitoring network and monitoring frequency and an absence of projects and management actions identified to avoid undesirable results.

Potential actions to address the water quality sustainable management criteria deficiency include the following:

• Update the definition of an undesirable result to be consistent with GSP Regulations.(The GSP Regulations are set forth in Subchapter 2 of Chapter 1.5 of Division 2 of Title 23 of the California Code of Regulations.)
• Update minimum thresholds to be consistent with GSP Regulations.
• Update measurable objectives to be consistent with GSP Regulations.
• Update the water quality monitoring plan in the 2022 GSP to be consistent with GSP regulations.
• Plan additional sampling when water quality is degraded.

Additional Staff Recommendations for State Water Board Action (Sections 4.24.4)

Exclusions from Probationary Status

The State Water Board must exclude from probation any portions of the basin for which a GSA demonstrates compliance with the sustainability goal. (Wat. Code, § 10735.2, subd. (e).) Staff believe no GSAs in the Tulare Lake Subbasin have demonstrated compliance with the sustainability goal. All five GSAs have adopted and are implementing the same GSP, which DWR has determined to be inadequate. State Water Board staff recommend the State Water Board not exclude any portions of the subbasin from the probationary designation.

Modification to Water Year and Reporting Dates

State Water Board staff do not recommend the State Water Board modify the water year, but staff do recommend modifying the extraction reporting deadline for groundwater extraction reports required pursuant to Water Code section 5202 by changing it from February 1 to December 1.

Requirements for Installation and Use of Measuring Devices

As part of a probationary designation, the State Water Board may require groundwater extraction reporters to install and use measuring devices, such as flow meters, for measuring their groundwater extractions.

State Water Board staff recommend the State Water Board:

• Require people extracting more than two acre feet per year for any reason to report their groundwater extractions.
• Require people extracting more than 500 acre feet per year to install and use meters that meet the requirements of Cal. Code Regs., tit. 23, § 1042 on all their production wells within the subbasin.
• Exclude people who extract two acre feet or less per year for domestic uses only from reporting requirements and paying fees. This exception includes most household users.

Conclusion

Despite significant efforts by GSAs in the Tulare Lake Subbasin, State Water Board staff’s analysis supports DWR’s determination that the Tulare Lake Subbasin 2022 GSP is inadequate. The current plan allows substantial impacts to communities who rely on domestic wells and to critical infrastructure. The Tulare Lake Subbasin is therefore unlikely to achieve sustainability by 2040, as required by SGMA.

Addressing deficiencies related to lowering groundwater levels and groundwater quality degradation is also consistent with the State Water Board’s mission to ensure every Californian has safe and affordable drinking water as reflected in its commitment to the Human Right to Water and administration of the Safe and Affordable Drinking Water Fund.

State Water Board staff recommend probationary status as a critical next step for getting the subbasin back on track to achieve sustainability and protect groundwater resources for the communities, farms, and environmental resources that depend on them.

Figure 1: Location of the Tulare Lake Subbasin

In early 2022, the Department of Water Resources completed its evaluation of the Tulare Lake Groundwater Sustainability Plan (GSP) and determined that it was Incomplete and that the five Groundwater Sustainability Agencies (GSAs) were required to address deficiencies identified by DWR. The deficiencies centered around the Sustainable Management Criteria for degraded water quality, land subsidence, and the chronic lowering of groundwater levels. In response to this determination, the Tulare Lake Subbasin GSAs submitted a revised Groundwater Sustainability Plan (GSP) to DWR in July of this year.

Four of the five GSAs including South Fork Kings, Mid-Kings River, El Rico, and Tri-County Water Authority adopted the same submitted revised GSP; however, the Southwest Kings GSA adopted a revised GSP with the following additional language:

 “Surface Storage of Groundwater – To the extent allowable by law, the GSAs will work with local and state regulatory agencies to prevent the inefficient storage of groundwater in shallow basins. This practice results in a significant loss of the pumped groundwater to evaporation. Avoiding these losses to evaporation would help in reducing groundwater pumping from the deep aquifer and lessen subsidence.”

Because the Southwest Kings GSA approval of the GSP is subject to additional language not found in the version adopted by the other four GSAs, DWR determined that the Southwest Kings GSA adopted a different GSP. As a result, the Tulare Lake Subbasin is no longer managed by multiple GSAs through a single GSP, but by multiple GSPs implemented by multiple GSAs. Consequently, a coordination agreement is required between the two GSPs.

The DWR reached out for a consultation with the State Water Resources Control Board as part of the intervention process for non-compliant GSPs. The State Water Board requested that DWR continue to review the revised GSPs for the Tulare Lake Subbasin to determine whether the technical deficiencies in the originally submitted GSP have been addressed. The State Water Board anticipates that it will wait to exercise its SGMA intervention authorities with respect to the Tulare Lake Subbasin until DWR completes its full technical review of the GSPs, which is currently scheduled for completion in early 2023. In the meantime, DWR asked that the South Fork Kings and the other GSAs in the Tulare Lake Subbasin continue with implementation of their GSPs.

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