Kings County judge issues restraining order allowing probationary farmers to pump without metering

On Monday, Kings County Superior Court Superior Judge Kathy Ciuffini issued a temporary restraining order against the State Water Resources Control Board (SWRCB) in its sanctions against the Tulare Lake Groundwater

SWRCB Resolution No. 2024-0012 designated the Tulare Lake Groundwater Subbasin as probationary under the State Groundwater Management Act. The restraining order is in effect until Aug. 20, when the judge will consider issuing a temporary injunction.

The temporary restraining order means that growers in the subbasin are not required to meter or record groundwater pumping information until further notice, according to a news release from the Kings County Farm Bureau (KCFB).

Judge Giuffini issued a tentative ruling that she would not likely rule in favor of water users, according to the release. However, after hearing arguments from KCFB and the SWRCB, she reversed her tentative ruling.

The position shift stemmed from arguments proving imminent harm to farms and ranches due to being on probation, according to the release.

Filing for a restraining order is the first battle against the SWRCD’s probationary designation of the Tulare Lake Subbasin . Being awarded the TRO highlights the significance of the KCFB’s case against the SWRCB and proves that the challenge has merit in court.

“The judge’s decision to issue the TRO gives us great hope that receiving a temporary injunction in August is a real possibility,” said KCFB Executive Director Dusty Ference.