Tulare Lake Subbasin Updates

Updated January 2026

Basin Status – January 2026

On May 16, 2024, the Kings County Farm Bureau sued the State Water Board over its probationary designation of the Tulare Lake Subbasin under the Sustainable Groundwater Management Act (SGMA) and later obtained a preliminary injunction that prevented the Board from taking "any action" in the subbasin. The Board appealed and the Court of Appeal reversed the preliminary injunction in December 2025. The responses below address common questions and concerns to help provide information as the Board resumes working with groundwater sustainability agencies and others in the subbasin.

What action has the State Water Board taken in the Tulare Lake Subbasin under SGMA?

After an extensive public process, the State Water Board designated the Tulare Lake Subbasin as probationary on April 16, 2024. The Board identified numerous deficiencies in the Tulare Lake Subbasin groundwater sustainability plan, specifically:

  • subsidence (sinking of land),
  • groundwater quality, and
  • groundwater levels.

Under probation, most pumpers in the subbasin are required by statute to:

  • report groundwater extractions, and
  • pay fees to the Board.

Under SGMA, pumpers who extract two acre-feet of groundwater or less per year for domestic purposes are "de minimis extractors" and exempt from the Board's reporting and fee requirements. This default exemption applies in the Tulare Lake Subbasin.

See the Board's webpage on State Intervention for more information on probation and the Board's role in SGMA.

What is the ongoing litigation with the State Water Board about?

The Kings County Farm Bureau's lawsuit challenged the State Water Board's process and decision to place the Tulare Lake Subbasin on probation. On July 15, 2024, the Kings County Superior Court granted a temporary restraining order on the Board's collection of groundwater extraction reports.

On September 13, 2024, the Kings County Superior Court issued a preliminary injunction enjoining (prohibiting) the Board from taking any action stemming from the probationary designation.

The injunction did not:

  • remove or pause Tulare Lake's probationary designation, or
  • change pumpers' obligations under SGMA to report and pay fees (more on reporting and fees in questions below).

I pump groundwater in the subbasin. How does the Court of Appeal's ruling affect me?

Following the Court of Appeal reversal of the preliminary injunction, the State Water Board Executive Director issued a letter extending the reporting deadline in order to give groundwater pumpers in the subbasin more time to prepare to respond. Groundwater pumpers in the Tulare Lake Subbasin are required to submit reports of groundwater extraction by May 1, 2026, and pay invoices for fees they will receive from the Board.

When are groundwater extraction reports due?

The first groundwater extraction reports are due May 1, 2026. Fees for this reporting period will be due later (see more on fees below).

What periods do the groundwater extraction reports cover?

Notably, the injunction issued on September 13, 2024, did not halt or change pumpers' statutory obligations to report groundwater extractions and pay fees. The first extraction reports cover the period of July 15, 2024, through September 30, 2025. The July 15, 2024, date is set by statute as beginning the reporting period following the probationary designation. Thereafter, subsequent reports will be due annually on February 1 and cover the previous water year (the period of October 1 through September 30 of the following year).

How do I report my groundwater extractions to the State Water Board?

Groundwater pumpers should report their monthly groundwater extractions through the State Water Board's Groundwater Extraction Annual Reporting System (GEARS). In early 2026, the Board will mail information about GEARS reporting to known extractors, including individual Correspondence IDs which are used to create GEARS accounts. Some pumpers may still have Correspondence IDs that were mailed to them in 2024; those 2024 Correspondence IDs will also work with the GEARS system and should work interchangeably with Correspondence IDs that will be mailed in 2026.

At this time, pumpers can create or update their GEARS accounts using their 2024 Correspondence IDs and can enter groundwater well and extraction information, but extraction reports cannot be submitted until later in the spring. An announcement will be emailed to the Board's SGMA email list once report submittal is possible in GEARS. Pumpers who lost track of their 2024 Correspondence ID can wait to create their GEARS account until they receive the reporting letter in early 2026.

When will payment of fees be required, and how?

Invoices for groundwater extraction fees will be mailed to non-exempt pumpers after the May 1, 2026, reporting deadline. The fee amounts have not changed since the Tulare Lake Subbasin probationary hearing ($300 per well, $20 per acre-foot for non-de minimis pumpers). Invoices are NOT paid through GEARS. You will receive a mailed invoice from the State Water Board approximately one month after groundwater extraction reports are due. Invoices will be payable online or via mail; invoices will include additional information on how to make a payment and the payment deadline.

I wasn't tracking my groundwater extractions. What do I do?

Pumpers should complete the reports of groundwater extraction to the best of their ability and knowledge. Pumpers should refer to the State Water Board's document on Options for Measuring Groundwater Extractions to determine the best methods for retroactively estimating groundwater extraction volumes, such as through use of evapotranspiration data or through groundwater well energy consumption records.

Staff encourages all pumpers who are subject to the reporting requirement to submit extraction reports to the best of the pumper's knowledge and ability, even if they are not able to confirm that they are completely in compliance with the reporting requirement (e.g., they were required to use meters to track extractions but do not yet have meters installed). It is preferable for pumpers to submit reports based on reasonable estimates (with supporting information and explanation) than to not submit reports at all.

Additionally, all of the local groundwater sustainability agencies currently require well registration and metering for some or all pumpers. Therefore, for the majority of the Tulare Lake Subbasin, the probationary reporting requirements will simply be a matter of submitting to the Board data already required to be submitted to local groundwater sustainability agencies.

What happens if I don't file a groundwater extraction report or if I have gaps in my report?

The State Water Board is authorized to investigate and determine the information required to be reported, at the pumper's expense. Before pursuing its own investigation, the Board will notify the pumper and provide 60 days to file the report of groundwater extraction. In addition, the Board is authorized to enforce the reporting requirement through the imposition of administrative civil liability penalties (fines) under Water Code section 5107.

Are large groundwater pumpers now required to install and use flow meters to track groundwater extractions as a result of the Court of Appeal's ruling?

Meter requirements have remained unchanged in the Tulare Lake Subbasin. Pumpers who extract more than 500 acre-feet of groundwater per year must use meters to record their extractions for the purpose of completing their reports. See the State Water Board's document on Options for Measuring Groundwater Extractions for more information on flow meters that meet Board requirements.

Additionally, all of the local groundwater sustainability agencies currently require well registration and metering for some or all pumpers. Therefore, for the majority of the Tulare Lake Subbasin, the probationary reporting requirements will simply be a matter of submitting to the Board data already required to be submitted to local groundwater sustainability agencies.

What if I pump more than 500 acre-feet of groundwater per year from the subbasin and do not have a meter on my well?

People who pump more than 500 acre-feet of groundwater per year from the subbasin should install flow meters that meet State Water Board requirements as soon as possible and complete their groundwater extraction reports to the best of their ability and knowledge. See the Board's document on Options for Measuring Groundwater Extractions for more information on flow meters that meet Board requirements and alternative approaches for retroactively estimating groundwater extraction volumes.

Are there any alternatives to installing flow meters?

Alternative groundwater extraction approaches may be allowed, even for pumpers who were required to have meters, if they did not have a meter already installed by the time the metering requirement began and if their groundwater extraction reports are sufficiently reliable and accurate. Pumpers who used an alternative approach should be prepared to explain the approach as well as how they applied the approach as part of their report of groundwater extraction.

Pumpers may email SGMA@waterboards.ca.gov or call 916-322-6508 if they have specific questions regarding alternative approaches. Board staff encourages pumpers to raise questions as soon as possible to ensure they are prepared to file their reports by May 1, 2026.

I don't have proof my meter was calibrated when it was installed. How do I comply with the meter requirement?

Meters should be calibrated upon installation and at least once every five years, or more frequently if necessary to ensure accuracy. Meters are typically pre-calibrated and lab-certified by the manufacturer. Pre-calibrated meters comply with the "calibrated upon installation" requirement even if they are not separately inspected when they are installed; no separate inspection is required. The types of evidence that reporters could provide include, but are not limited to:

  1. an official certificate of calibration provided upon receipt of the meter, or
  2. a statement from the manufacturer stating the meter, in conjunction with the meter's serial number, was pre-calibrated at the time of distribution.

What if my meter was not pre-calibrated or separately calibrated?

If you know that your meter was not pre-calibrated or separately calibrated at the time of installation, or that your meter has not been calibrated within the last five years, you should arrange to have it calibrated as soon as possible.

Additionally, all of the local groundwater sustainability agencies currently require well registration and metering for some or all pumpers, and all but one includes a meter calibration requirement. Therefore, for the majority of the Tulare Lake Subbasin, the probationary reporting requirements will simply be a matter of submitting to the Board data already required to be submitted to local groundwater sustainability agencies.

Can I apply for a fee waiver?

Fee waivers are available for:

  • public schools,
  • pumpers enrolled in qualified income-based public assistance programs,
  • households with incomes less than twice the federal poverty level,
  • public or state small water systems serving disadvantaged communities where the primary purpose for the water service is for human consumption, cooking, and sanitation.

Pumpers who fall into one of those categories and file groundwater extraction reports by the deadline can request a fee waiver. We'll release more information on how to request a fee waiver in early 2026. Sign up for the Board's SGMA email list so you get that information when it's released (see instructions below).

I cannot afford to pay my fees. What should I do?

If you are subject to the reporting requirement, you should file your report of groundwater extraction even if you are concerned that you will not be able to pay the fee.

I sold or bought my property in the Tulare Lake Subbasin after July 15, 2024. What are my obligations?

If you are not a "de minimis extractor" and you extracted any groundwater from the property after July 15, 2024, you are required to submit a report of groundwater extraction and pay the associated fee. If you purchased the property after September 30, 2025, please contact the SGMA inbox at sgma@waterboards.ca.gov for additional direction.

What are the roles of my Groundwater Sustainability Agency and the State Water Board and how do they differ?

Groundwater sustainability agencies (GSAs) are responsible for developing and implementing groundwater sustainability plans that detail how groundwater will be sustainably managed and used within their GSA areas. GSAs may develop policies covering well metering, groundwater extraction reporting, groundwater level monitoring, dry well mitigation, groundwater quality sampling, subsidence management, groundwater allocations, and charge fees to groundwater extractors.

The State Water Board's probationary designation did not affect the powers and authorities of the Tulare Lake Subbasin GSAs. While the probationary designation is in place, however, the Board has a role in groundwater management (including oversight of the reporting requirement) and may move forward with developing an interim groundwater management plan for the basin. The Board's role is temporary but will continue until the GSAs demonstrate that they are on track to manage the Tulare Lake Subbasin sustainably, including by addressing deficiencies in their groundwater sustainability plan(s).

What is the status of the litigation?

In December 2025, the Fifth District Court of Appeal reversed the preliminary injunction. This means the State Water Board may now resume actions in the subbasin, including:

  • communicating with pumpers,
  • collecting groundwater extraction reports and fees as required by law,
  • working with the Tulare Lake Subbasin groundwater sustainability agencies to resolve deficiencies in their groundwater sustainability plan(s).

Did the lower court's ruling mean the Tulare Lake Subbasin was not on probation, but the Court of Appeal's decision means it is now back on probation?

The Tulare Lake Subbasin has remained on probation despite the litigation. The Kings County Superior Court's preliminary injunction did not reverse the State Water Board's probationary determination, which means that the Tulare Lake Subbasin has been on probation continuously since April 16, 2024. By statute, reporting and fees are required for all groundwater extractions occurring 90 days or more after the subbasin's probationary designation.

How do I sign up for the SGMA email list from the State Water Board?

The State Water Board will continue to post any important updates related to the Tulare Lake litigation on the Tulare Lake Subbasin webpage and send the updates to the Board's SGMA email list. Sign up for SGMA update emails at bit.ly/SWRCB-email-subscriptions by clicking 'State Water Resources Control Board – Covering statewide issues' then entering your email address. Specify your email subscription to the SGMA email list by expanding the options under 'General Interests' and selecting the "SGMA Groundwater Management" and "SGMA Groundwater Extraction Reporting and Fees" options.

Contact Information:

For more information or if you have questions, please contact the State Water Board's Office of Groundwater Management.

Phone: 916-322-6508
Email: SGMA@waterboards.ca.gov
Tulare Lake Subbasin Website

Sign up for State Water Board email lists.