Fifth District Court of Appeal Receives Briefing on the State Water Board’s Authority to Impose Intervention Fees Under SGMA
July 2025
California Water Law & Policy Reporter, Volume 35, Number 10
On June 6, 2025, the State Water Resources Control Board (State Water Board) responded to an amicus brief filed by the City of Lemoore (City) in Kings County Farm Bureau v. Cal State Water Resources Control Board, on appeal before the Court of Appeal, Fifth Appellate District. The State Water Board’s appeal challenges a 2024 preliminary injunction by the Kings County Superior Court, which found the State Water Board overstepped its authority to impose fees on pumpers following the Tulare Lake Subbasin’s probationary designation under the Sustainable Groundwater Management Act (SGMA). The City’s amicus brief argues the State Water Board’s fees violate Proposition 218 and rule against unfunded mandates, while the State Water Board responds that Proposition 218 does not apply. [Kings County Farm Bureau v. Cal. State Water Resources Control Board, Case No. F088720 (5th Dist. 2025).]
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