ORDINANCE NUMBER 2023-01
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:
- Precipitation
- Applied Surface Water
- Banking Credits
- Sustainable Yield
- 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.