In 2014, the California State Legislature adopted the Sustainable Groundwater Management Act (SGMA), creating a framework to protect and manage groundwater resources across California. Under this legislation, local agencies are required to form Groundwater Sustainability Agencies (GSAs) responsible for developing and implementing Groundwater Sustainability Plans (GSPs). These plans aim to prevent undesirable outcomes, including:
- Significant declines in groundwater levels
- Reductions in groundwater storage
- Seawater intrusion (coastal areas)
- Water quality degradation
- Land subsidence
- Depletion of interconnected surface waters
The California Department of Water Resources (DWR) serves as the primary oversight agency, tasked with assessing and evaluating GSPs for compliance with SGMA. If a GSP is deemed non-compliant, the DWR may refer the GSA to the California State Water Resources Control Board (State Water Board). The State Water Board can temporarily intervene in groundwater basin management, collaborating with GSAs to resolve compliance issues. Following resolution, GSAs are responsible for implementing their plans to sustainably manage their basins at the local level.
Current Situation in the Kern Subbasin
As of February 2024, the Kern County Subbasin is managed by twenty GSAs. Groundwater serves multiple purposes: drinking water, agricultural irrigation, wildlife habitat, industrial use, and oil and gas production. Although groundwater is the primary source of water for agricultural and urban uses, surface water sources like the Kern River, Poso Creek, and imported water are also available. The Kern County Subbasin is critically overdrafted.
In March 2023, the DWR deemed the groundwater management plans in the Kern Subbasin inadequate, leading to a referral to the State Water Board as required by SGMA. A decision on whether to place the basin on probation is expected in February 2025.
The current recommendations outlined in the State Water Board July 2024 Draft Staff Report consist of the following:
- Designate the entire subbasin as probationary, with no exclusions
- Groundwater Sustainability Plan Revisions
- Modification to Water Year and Reporting Dates
- Requirements for Installation and Use of Measuring Devices
Kern Subbasin Probationary Status
The DWR and State Water Board have reviewed the GSPs and noted that, in their current state, “impacts are likely to occur to an extent that the subbasin will be unable to prevent undesirable results, as required by SGMA.” All GSAs have been found non-compliant with sustainability goals, leading to the anticipated inclusion of the entire subbasin under the probationary designation.
Modification to Water Year and Reporting Dates
The “water year” is defined as the period from October 1 to September 30. In an effort to enhance data collection and reporting efficiency, the following modifications regarding groundwater extraction reporting have been proposed:
- Reporting Deadline: Modify the deadline for groundwater extraction reports from February 1 to December 1, allowing for earlier data receipt.
- Measurement and Reporting Timeline: Groundwater pumpers in a probationary basin must measure and record their extractions within 90 days after the probationary designation. If approved in February 2025, recording must begin by May 2025, with the first report due by December 1, 2025.
Requirements for Installation and Use of Measuring Devices
Under a probationary designation, the State Water Board may mandate that groundwater extraction reporters install and use measuring devices to accurately measure their extractions. The proposed actions include:
- Groundwater Extraction Reporting:
- Require reporting and payment of fees from any individual extracting more than two acre-feet of groundwater per year for any purpose, OR
- Require reporting from individuals extracting two acre-feet or fewer per year, provided the extraction is not for domestic purposes.
- Installation of Measuring Devices:
- Mandate that any individual extracting more than 500 acre-feet of groundwater per year or extracting groundwater from wells located in the California Aqueduct and Friant-Kern Canal subsidence monitoring corridors install and use meters that comply with the requirements outlined in CCR Title 23, § 1042, on all their production wells within the subbasin.
- Exemptions:
- Exclude individuals who extract two acre-feet or less per year for domestic purposes (de minimis users) from reporting requirements and fee payments. This exemption covers most household users, including those extracting from wells in the California Aqueduct and Friant-Kern Canal subsidence monitoring corridors.
- Fee Structure:
- To cover the costs of State intervention, those required to file an annual groundwater extraction report with the State Water Board will likely need to pay extraction fees. The table below outlines the current annual fees:
| Fee Category | Fee Amount | Applicable Parties |
| Annual Base Filing Fee | $300 per well | All extractors required to report.* |
| Unmanaged Area Rate | $10 per acre-foot (metered) | Extractors in unmanaged areas.* |
| $25 per acre-foot (unmetered) |
| Volumetric Rate | $20 per acre-foot | Extractors in probationary basins.* |
| Interim Plan Rate | $55 per acre-foot | Extractors in probationary basins where the State Water Board requires an interim plan.* |
| De minimis Fee | $100 per well | De minimis extractors in probationary basins.** |
| Automatic Late Fee | 25% per month | Extractors that do not file reports by the due date. |
*excludes de minimis extractors.
**only required if the State Water Board determines at a public hearing that de minimis pumpers must report extractions and pay fees.
Additional reporting and fee information can be found on the SGMA website.
Upcoming Public Hearing
The State Water Board will hold a public hearing on Thursday, February 20, 2025, to consider designating the Kern County Subbasin as a probationary basin under SGMA. Local stakeholders are encouraged to engage in discussions and advocate for solutions that balance sustainability with community needs. More information on the public hearing and the can be found on the State Water Board’s website.
If you would like to discuss the Kern County Subbasin probational designation and how it may impact your facility, please contact Trinity Consultants’ Bakersfield office at 661.282.2200.
