BAKERSFIELD, Calif. (KERO) — The Kern County Board of Supervisors responds to groundwater-related bills aiming to streamline adjudication processes and clarify court roles.
- Kern County Board of Supervisors reviewed AB 1413 and AB 1466 related to groundwater management.
- AB 1413 proposes alignment of groundwater adjudication with the Sustainable Groundwater Management Act.
- AB 1466 seeks to clarify judicial roles in reviewing Groundwater Sustainability Agencies' actions.
- The Board's response highlights potential impacts of these legislation on local groundwater management.
- Both bills aim to streamline processes and clarify legal frameworks for groundwater sustainability.
BROADCAST TRANSCRIPT:
The Kern County Board of Supervisors is reviewing two new water laws being discussed in California—and what they could mean for SGMA.
Assembly Bill 1413, by Assemblymember Papan, aims to make groundwater management faster and more affordable. If a local water plan is approved, courts would be required to follow it. The goal is to prevent lawsuits from being used to avoid water limits.
Meanwhile, Assembly Bill 1466, introduced by Assemblymember Hart, would help judges review decisions made by local water agencies. Courts would need to apply a clear legal standard and require reports on small water users not directly involved in the lawsuit.
However, not everyone supports these bills. Critics say they could take control away from local agencies, unfairly impact smaller water users, and create confusion with new rules.
DR. Jasmeet Baines represents the 35th Assembly District and she says, "It protects the rights of some while taking away the rights of others. These bills represent a fundamental shift in how water rights are determined in court—and they do it by forcing judges to be less objective and less informed."
Some supporters, like Jeff Simonetti, Senior Vice President with the Capital Core Group, which represents the Indian Wells Valley Groundwater Authority, shared why these laws should be supported—not just by the Board of Supervisors, but by the community. "I think it’s really important that the community knows that we’re here to try and make sure that taxpayer dollars are spent efficiently. We don’t want to take anyone’s due process rights away—but it’s really important that these processes shouldn’t be re-litigated once they’ve already gone through the appeals process. And that’s why we are supportive of the administration."
On the other hand, community members like Chris Ellis believe the laws could give groundwater authorities too much power. "It also prevents any recourse. In addition, Assembly Bill 1466 eliminates the opportunity for mitigation processes such as adjudication, which has been used historically for decades." Ellis said.
Ellis adds that he—and likely others—would support amendments to protect small farmers.
The Kern County Board of Supervisors says they are not currently supporting the bills.
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