September ED Report
Executive Director’s Report
The Kings County Farm Bureau’s lawsuit against the State Water Resources Control Board (SWRCB) has reached another critical stage. Early last month, the Fifth District Court of Appeal issued a notice to both parties asking if they wished to waive oral arguments in the appeal. This procedural step may sound technical, but it provides us with a clear sense of where the case is headed and what comes next for our farmers and landowners.
When a case is appealed, the court often holds oral arguments. This is the point in the process where attorneys for both sides appear before a panel of appellate judges to answer questions and reinforce the written legal briefs that have already been submitted. Oral arguments are not trials. No new evidence is introduced, no witnesses are called, and no jury is present. Instead, the judges take the opportunity to probe the legal positions each side has staked out in their filings. Some appeals are decided without oral arguments if the judges believe the written record is clear enough. That is why the court asked if either party wanted to waive the chance to appear in person.
In this case, the SWRCB has already indicated that it wants oral arguments. That means the case will not be decided on the briefs alone. Oral arguments will be scheduled, and the judges will prepare to hear directly from attorneys on both sides. For us, this is not a setback. Oral argument gives KCFB’s legal team the chance to respond directly to the Board’s positions, to highlight the flaws in the state’s case, and to emphasize the very real consequences that the probation decision has for our farming community.
We now know that oral arguments will be scheduled in October, though the exact date has not yet been announced. Once that date is set, the judges and their clerks will intensify their review of the written briefs. Oral argument is their opportunity to clarify points of law and fact before making a decision. After the hearing, the judges will deliberate privately and then issue a written opinion. That opinion will either affirm the state’s authority, reverse the decision, or send the matter back to the lower court with instructions.
For our members, what matters most is that this stage shows progress. Appeals take time, and every procedural step can feel slow. But each move brings us closer to a resolution. The court’s request for oral arguments means the case is fully briefed, the record is complete, and the judges are preparing to evaluate the arguments head-on. It also means our legal team will have the chance to make the strongest possible case for why the SWRCB’s overreach cannot stand.
It is important to keep in mind why we are here. When the Board voted to place the Tulare Lake Subbasin on probation, it set in motion a regulatory and financial burden on our local farmers and landowners that was both unfair and unnecessary. KCFB took the lead in challenging that action because no one else was going to stand up for the men and women who feed and fuel this region. Through this lawsuit, we are not just arguing about paperwork or process. We are protecting your right to farm, your ability to manage groundwater locally, and your bottom line. Every month that this case moves forward, we are preventing costly new fees and preserving local control of our water future.
The months ahead will be critical. Oral arguments in October will allow the judges to hear our position in full and understand the consequences of upholding the SWRCB’s decision. The outcome of this appeal will set a precedent not only for Kings County but also for farming communities across California, which are watching as Sacramento seeks to expand its control. Our fight is bigger than one basin; it is about whether farmers themselves will have a voice in how groundwater is managed.
As your Executive Director, I want to assure you that KCFB remains fully committed to this fight. We are putting every resource we have into ensuring your voice is heard in the courtroom. But this is not something we can do alone. We need the continued backing of our membership to sustain this effort. Later in this issue of Farm Life, you will see a “Join the Fight” advertisement with details on how to contribute to the SGMA Defense Fund. I encourage every member to read it carefully and consider how you can help.
The path through the courts is never short or simple, but we are moving forward. The Fifth District Court of Appeal has set oral arguments for October, and that means our day in court is almost here. With your continued support, we will be ready.