California groundwater agencies hoping to avoid state probation under the state's landmark groundwater law will have to pay a steep new price to make their case.
That charge can climb to $250,000, a level that could discourage some local agencies from seeking exemptions even when they say they are managing water responsibly and should not be treated the same as struggling basins.
Here's what to know
At its Sept. 15 meeting, the California State Water Resources Control Board approved new "good guy" exemption application fees, according to SJV Water. The amount ranges from $50,000 to $250,000, depending on how much groundwater the applying agency pumps from a subbasin.
If the Water Board places a subbasin on probation for lacking an adequate groundwater plan under the Sustainable Groundwater Management Act, or SGMA, farmers in that area must register and meter wells each year for $300. They must also pay the state a $20-per-acre-foot pumping fee, on top of local groundwater fees. For individual agencies, these exemptions are the only way to avoid those probation-related state charges.
David Ceccarelli, branch chief with the Division of Water Quality, said the new application charges are meant to "cover appropriate staff expenditures with the need to avoid discouraging legitimate exclusion requests," per SJV Water. He also told the board that without the fee, "those costs are effectively borne by all SGMA fee payers."
Only two San Joaquin Valley subbasins — Tule and Tulare Lake — have been placed on probation.
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More background
SGMA was designed to curb chronic overpumping, which can dry up wells, damage ecosystems, and threaten drinking water supplies in farm communities already under pressure from drought and water scarcity.
For agencies trying to show they are not part of the problem, the new fee structure creates another obstacle. In the Tule subbasin, only two agencies won exemptions: the Kern-Tulare Water District and the Delano-Earlimart Irrigation District groundwater sustainability agencies. Eight others applied and were denied.
Ceccarelli said the Water Board spent $1.3 million reviewing all of Tule's exemption requests.
What's being done?
The state is continuing probation enforcement while allowing some agencies to keep their exclusions by paying ongoing review fees. According to SJV Water, Delano-Earlimart Irrigation District GSA general manager Eric R. Quinley said the GSA will pay $12,500 annually to keep its exclusion. Board member Andrew Hart said Kern-Tulare will pay $12,500 to maintain its exemption.
Delano-Earlimart is considered a "net-positive" district because it brings in more surface water than its growers pump from underground.
Meanwhile, the Water Board also provided an update on probation fee collections in Tule. SJV Water reported that invoices totaling about $7 million went out in August, and a little more than $2 million has been paid. The outlet also said 85 farmers are protesting bills totaling $3.265 million, while about $1.9 million from 107 landowners remains outstanding.
State data also showed that fewer than 35% of farmers in neighboring Tulare Lake reported their pumping, while invoicing there is on hold pending the outcome of a court hearing on Oct. 6.
Where can I learn more?
This fee fight is part of a broader push to tighten water oversight across California and the West in response to water shortages. The articles here look at groundwater pumping fees, tougher wetland enforcement, permanent urban water restrictions, Southwest pumping limits, and disputes over local water rules.
• Officials pushed higher fines for wetland violations after years of weak enforcement.
• California made history with permanent water restrictions for cities and towns facing drought.
• A county settled a discrimination suit over water restrictions affecting Hmong residents.
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