Anderson Municipal Code Ch. 13.62 Groundwater Management

The council finds and declares:

A. The groundwater underlying the city of Anderson has historically provided the people and lands of Anderson with water for agriculture, domestic, municipal/industrial and other purposes;

B. The council recognizes that the principle of California law that water may be extracted from a groundwater basin if the groundwater basin is in a surplus condition and such extraction would not impair the reasonable and beneficial needs of overlying users;

C. It is essential for the protection of the health, welfare and safety of the residents of the city, that the groundwater basin over which the city lies be protected from harm resulting from the extraction of groundwater for use on lands outside of the city, until such time as needed additional water supplies are obtained for use on the lands of the city, or as further and more accurate quantification of groundwater resources within the city is developed and groundwater management plans for the affected basin have been adopted;

D. Much of the economic production of the city depends upon the use of groundwater;

E. The groundwater used by the city provides all of the water for domestic uses throughout the city;

F. The groundwater used by the city has been and will continue to be a vital part of the economic well-being and stability of the city;

G. Because of the need for increased water supply to meet future needs within the city, it is vital that the city's groundwater supply and quality be preserved;

H. It is essential for information gathering and monitoring purposes, and for the protection of the city's groundwater resources, that the city adopt a permit process addressing the extraction of groundwater for use outside of the city; and

I. In adopting and codifying this groundwater management ordinance the city does not intend to limit other authorized means of managing Anderson groundwater, and intends to work cooperatively with interested local agencies to further develop and implement joint groundwater management practices.

(Ord. 672 § 1, 1998)

As used in this chapter, the following terms are defined in this section:

"Annual yield" means the maximum quantity of water which can be withdrawn annually from a groundwater supply without causing a significant adverse impact on the affected basin or adverse water quality conditions, including the amount of water which can be extracted without:

1. Exceeding in any calendar year the long-term mean annual water supply of the basin (considering all sources of recharge and withdrawal);

2. Lowering water levels so as to make further drilling of water wells uneconomical;

3. Causing water pumped from the basin to deteriorate below established drinking water quality standards;

4. Violating water rights or restrictions in pumpage in the groundwater basin as established by court adjudication or application of state or federal law; and

5. Other observable environmental damage.

"Aquifer" means a geologic formation that stores, transmits and yields significant quantities of water to wells and springs.

"Council" means the Anderson city council.

"County" means the county of Shasta.

"Director" means the director of public works for the city of Anderson.

"Export" means the transportation of water from within Anderson to any location outside of Anderson by pipe, canal, stream, river or similar conveyance method. The transportation of bottled water outside of the city by vehicle shall not constitute an "export" as that term is used in this chapter.

"Groundwater" means all water beneath the surface of the earth within the zone below the water table in which the soil is completely saturated with water, but does not include water which flows in known and definite channels.

"Groundwater management plan" means a plan prepared pursuant to the California Groundwater Management Act (commencing with California Water Code Section 10750 et seq.) or California Water Code Section 1220, and adopted by the council.

"Historical practice" means the consistent or predominant practice of an applicant within seven years preceding the operative date of this chapter.

"Hydraulic gradient" means the slope of the water table.

"Hydrology" means the origin, distribution and circulation of water through precipitation, stream flow, infiltration, groundwater storage and evaporation.

"Integrated water resources management plan" means a comprehensive surface and groundwater planning and management program involving affected local agencies.

"Interested party" means any local agency or any property owner overlying an aquifer from which groundwater is proposed to be, or has been pumped, which is subject to the permit requirements of this chapter.

"Local agency" means a city located within Shasta County, or an independent special district wholly or in part located within the boundaries of the county, which is a purveyor of waters for agriculture, domestic or municipal use.

"Overdraft" means the condition of a groundwater supply in which the amount of water extracted by pumping exceeds the amount of water replenishing the supply, and the point at which extractions from the supply exceed its annual yield.

"Percolation" means the movement of water through the soil to the groundwater table.

"Permeability" means the capability of the soil or another geologic formation to transmit water.

"Piezometric surface" means the surface to which the water in a confined aquifer will rise.

"Porosity" means void or open spaces in alluvium and rocks that can be filled with water.

"Recharge" means flow to groundwater storage from precipitation, irrigation, infiltration from streams, spreading basins and other sources of water.

"Specific capacity" means the volume of water pumped from a well in gallons per minute per foot of draw down.

"Spreading water" means discharging native or imported water to a permeable area for the purpose of allowing it to percolate to the zone of saturation, including well injection and other forms of artificial recharge and replenishment.

"Transmissivity" means the rate of flow of water through an aquifer.

"Usable storage capacity" means the quantity of groundwater of acceptable quality that can be economically extracted from storage.

"Water agency" means the Shasta County water agency.

"Water table" means the surface or level where groundwater is encountered in a well in an unconfined aquifer.

"Water year" means the year beginning October 1st and ending the last day of the following September.

"Zone of saturation" means the area below the water table in which the soil is saturated with groundwater.

(Ord. 672 § 2, 1998)

It is unlawful to extract groundwater underlying lands in the city for export of that groundwater, either directly or indirectly, without first obtaining a permit as provided for in this chapter. For purposes of this section, the extraction of groundwater to replace a surface water supply which has been, is being, or will be exported for commercial purposes shall be considered an extraction of groundwater that is subject to this chapter.

(Ord. 672 § 3, 1998)

This chapter shall not apply to the extraction of groundwater by the city or to others in any of the following circumstances:

A. To prevent the flood of lands; or

B. To prevent the saturation of the root zone of agricultural land; or

C. For use within the boundaries of the city where such extraction qualities and use are consistent with the historical practice of the city; or

D. For use on lands outside the city which are contiguous and in same ownership to lands within the city, from which groundwater is extracted where such extraction quantities and use are consistent with historical practice of landowners. The applicant shall have the burden of supporting an assertion of historical practice with competent evidence;

E. For extractions to boost heads for portions of local agency facilities, consistent with the historical practice of the local agency; or

F. Where the person or entity demonstrates to the satisfaction of the director that its water management practices will result in an average annual groundwater basin recharge which is equal to or in excess of its extraction of groundwater for export uses.

The person or entity asserting that one or more of the exclusions of this section applies or does not apply, shall have the burden of supporting its assertion with the director that no permit is required, with further appeal to the council. The application for a permit exclusion shall be accompanied by the deposit of fees for these purposes, as shall be established by council resolution.

(Ord. 672 § 4, 1998)

An application for a use permit shall be filed with the public works department on a form specified by the director, which shall include all information specifically requested thereon and other information requested by the director to address specific aspects of the proposed groundwater export. Concurrently, the applicant shall consent to the commencement and financing of appropriate environmental review as may be required by the California Environmental Quality Act ("CEQA"; Public Resources Code Section 21000 et seq.) and applicable guidelines. The application for a permit and required environmental review shall be accompanied by the deposit of fees for these purposes, as shall be established by council resolution.

(Ord. 672 § 5, 1998)

A. Within ten calendar days of filing of a complete permit application, which shall include all of the information and the deposit of fees required by Section 13.62.050, the director shall post a notice on the city public works department public bulletin board that an application has been filed, and shall send a copy of the notice to all local agencies within the county which have jurisdiction over lands overlying or adjacent to the location of the proposed extraction, and to any interested party who has made a written request to the director for such notice within the last twelve calendar months, seeking written comments. Upon posting and otherwise providing notice of the application, the director shall review the application to determine whether it is complete for purposes of proceeding pursuant to CEQA requirements and shall thereafter commence environmental review as may be appropriate.

B. The director may review the matter of the application with affected city departments, staff of the State Department of Water Resources, staff of the Regional Water Quality Control Board—Central Valley Region, Shasta County water agency, and any interested local water agency within whose boundary the proposed activity is proposed to occur. If the applicant is proposing to extract groundwater from within or adjacent to an area within the county for which a groundwater management plan has been adopted, but which plan does not expressly permit the export of water, the director shall consider the contents of any such plan and other relevant information provided by each affected local agency. Any interested person or agency may provide written comments relevant to the matter of the proposed extraction of groundwater, which shall be submitted within thirty days of the date of posting and mailing the notice of filing the permit application.

C. The environmental review shall be undertaken in accordance with CEQA and its implementing guidelines. All costs of the environmental review determined appropriate by the public works department shall be the responsibility of the applicant.

D. Upon completion of the required environmental review, the director shall forward the application, together with any written comments received, environmental documentation and the director's recommendations, to the council. Upon receipt of the director's recommendations, the council shall immediately schedule a public meeting to consider the permit application, which shall be noticed pursuant to Government Code Section 6061.

(Ord. 672 § 6, 1998)

A. Formal rules of evidence shall not apply in the council's public review proceeding for the application, but the council may establish such rules as will enable the expeditious presentation of the matter and receipt of relevant information thereto. At the council's public review, which may be continued from time to time as determined appropriate by the council, the applicant shall be entitled to present any oral or documentary evidence relevant to the application, and the applicant shall have the burden of proof of establishing the facts necessary for the council to make the required findings. The council shall also hear relevant evidence presented by other interested persons and entities, the director, or other city staff and the public.

B. The council, in considering each permit application, shall consider all potential impacts the proposed export would have on the affected aquifer, including but not limited to, potential hydraulic gradient, hydrology, percolation, permeability, piezometric surface, porosity, recharge, annual yield, specific capacity, spreading waters, transmissivity, usable storage capacity, water table and zone of saturation impacts.

C. The council may request any additional information it deems necessary for its decision. The cost of such additional information shall be borne by the applicant.

(Ord. 672 § 7, 1998)

The permit may only be granted if there is a majority of the total membership of the council present at the required public meeting and a majority of the total membership of the council finds that the proposed groundwater extraction will not have significant detrimental impacts on the affected groundwater basin by determining that:

A. The proposed extraction will not cause or increase an overdraft of the groundwater underlying the city;

B. The proposed extraction will not adversely affect the long term ability for storage or transmission of groundwater within the aquifer;

C. The proposed extraction (together with other extractions) will not exceed the annual yield of groundwater underlying the city unless the safe yield is exceeded only by extractions in connection with a conjunctive use program approved by council and will not otherwise operate to the injury of or the reasonable and beneficial uses of the overlying groundwater users;

D. The proposed extraction will not result in an injury to a water replenishment, storage, or restoration project operating in accordance with statutory authorization;

E. The proposed extraction is in compliance with California Water Code Section 1220; and

F. The proposed extraction will not be otherwise detrimental to the health, safety and welfare of property owners overlying or in the vicinity of the proposed extraction site(s).

If the council determines that one or more of the findings required by this section cannot be made, upon considering the proposed export together with potential conditions of permit issuance, it shall deny the permit application. The basis for any such denial shall be reflected in the city's official record of proceedings.

The applicant shall be notified in writing of the council's decision on the application, including the basis for denial where applicable, within fifteen days of the final council action on the application.

(Ord. 672 § 8, 1998)

If the permit is to be approved, the council shall impose appropriate conditions of permit issuance so as to prohibit overdraft or other adverse conditions, and may impose other conditions that it deems necessary to promote or maintain the health, safety and welfare of the residents in the city. Such other conditions of permit issuance may include, but shall not be limited to, requirements for observation and/or monitoring wells. Notwithstanding the foregoing, the council may issue the permit if the council finds that the applicant will provide adequate mitigation to offset all adverse effects that would otherwise result from the proposed extraction.

(Ord. 672 § 9, 1998)

Reapplication for a permit which has been denied by the council may not be filed with the public works department until the water year following the denial. For any such reapplication to be accepted as complete, and for it to be further reviewed in accordance with the procedures set forth in Sections 13.62.060 through 13.62.090, it must be accompanied by information that demonstrates a significant change in those circumstances which represented the factual basis for the previous permit application denial.

(Ord. 672 § 10, 1998)

A. Any interested party may challenge the ongoing extraction of groundwater pursuant to an approved permit during the term of the permit based on allegations that one or more of the following circumstances exists:

1. There has been or is an ongoing violation of one or more conditions of an approved permit; or

2. The extraction of groundwater pursuant to this chapter has caused or increased an overdraft in the basin; has adversely affected the long term ability for storage or transmission of groundwater in the affected aquifer; exceeds the annual yield of the affected groundwater basin; operates to the injury of the reasonable and beneficial uses of overlying groundwater users; is in violation of California Water Code Section 1220; or results in an injury to a water replenishment, storage or restoration project operating in accordance with statutory authorization; or

3. The continued extraction of groundwater pursuant to a previously approved permit will be detrimental to the health, safety and welfare of one or more affected local agencies or other interested parties.

B. A challenge pursuant to this section shall be commenced by filing a written request with the director on a form prescribed by the director. Such a challenge shall allege one or more of the circumstances specified by this section and shall generally describe facts in support of those alleged circumstances. In such event the director shall, within ten days of receipt of such challenge in a completed form, give notice of the challenge to the council, the permittee, the appellant, all affected local agencies, and to any other interested party which has requested such notice. A council review shall be held on the matter following the procedures set out in Section 13.62.110. The council's decision may be to deny the challenge and leave the previously issued permit unchanged; to grant the challenge and terminate the permit; or to impose modified conditions to the permit, which the permittee shall be obligated to adhere to if continued extraction for export purposes is to occur, based on findings addressing the criteria specified in Section 13.62.080.

C. The standard for review in any such challenge proceeding shall be substantial evidence. The burden of proof shall be upon the challenger.

(Ord. 672 § 11, 1998)

A. Notwithstanding the provisions of Section 13.62.060, the director may grant a permit in summary proceedings upon an application accompanied by a demonstration satisfactory to the director showing that:

1. The extraction is for use in compliance with the provisions of California Water Code Section 1220; and

2. The extraction will not exceed two hundred fifty acre feet; and

3. The term of the extraction will not exceed one year; and

4. The extraction is in accordance with a conjunctive use program that is adopted under the Groundwater Management Act or other applicable laws and approved by the council.

B Upon receipt of an application for summary proceedings, the director shall give notice of filing to the council. If the council shall so order within twenty-one days of receiving notice of the filing, proceedings shall be conducted in accordance with Section 13.62.060; in the absence of such an order the director shall determine the accuracy of the assertions of the application. The director may grant a permit for one year only upon a favorable determination and may impose such appropriate conditions so as to make such a determination.

(Ord. 672 § 12, 1998)

Except as may be modified pursuant to Section 13.62.090, all approved permits shall be valid for a term not to exceed three water years from the date of the issuance of the permit, as determined by the approving body; however, if the permit is for extraction as part of a conjunctive use program that has been approved by the council, the permit shall not exceed the length of the term of that program. For the purpose of calculation, the water year in which the permit is granted shall not be counted in determining the three-year time period if less than four months remain in the water year at the time of final approval.

(Ord. 672 § 13, 1998)

A. Nothing contained in this chapter nor in the conditions of an issued permit shall be construed as giving the permittee an exclusive right to groundwater extraction, nor as establishing a compensable right in the event the permit is subsequently terminated or modified following a challenge to the permit.

B. The issuance of a permit pursuant to this chapter shall evidence that the health, welfare and safety of city residents will not be harmed by the extraction and exportation of local groundwater outside the city boundaries.

C. Any issued permit shall not exempt, supersede or replace any requirements of federal, state and local laws and regulations, including but not limited to California Water Code Section 1220, the Groundwater Management Act, and any other statutes governing California groundwater law, well drilling and maintenance or building permit requirements, and is to be construed and applied in harmony with applicable existing law.

D. Upon the adoption of a similar groundwater management plan affecting the groundwater basin or aquifer within the city, any provisions of such plan or permits issued thereunder shall not supersede the provisions of this chapter and permits approved hereunder, in the event of any inconsistency.

(Ord. 672 § 14, 1998)

The director, with good cause, may at any and all reasonable times, enter any and all places, property, enclosures and structures, for the purpose of making examinations and investigations to determine whether any provision of this chapter has been violated.

(Ord. 672 § 15, 1998)

Upon determining that a violation of this chapter has occurred or is ongoing, the city may elect to proceed with a civil action against a violator, including, but not limited to, injunctive relief. Any person or entity who violates this chapter shall also be subject to fines of up to five thousand dollars per separate violation. A person shall be deemed to have committed separate violations for each and every day or portion thereof, during which any such violation is committed, continued or permitted, as well as for each and every separate groundwater well within which any such violation is committed, continued or permitted.

(Ord. 672 § 16, 1998)