Chapter 13.08 — WELLS

Footnotes:

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Editor's note— Ord. No. 2025-003, § 4(Exh. A-1), adopted March 25, 2025, changed the title of Chapter 13.08 from "Water Wells" to read as herein set out.

It is the purpose of this chapter to provide for the construction, repair, modification and destruction of wells in such a manner that the city's water supply will not be contaminated, polluted, or depleted and will not otherwise jeopardize the health, safety or welfare of the people living or visiting the city.

(Prior code § 6-8.01)

(Ord. No. 2025-003, § 4(Exh. A-1), 3-25-2025)

The director of community development, or the director's designee, is charged with the responsibility of administering this chapter and executing the authority conferred thereby.

(Ord. No. 2025-003, § 4(Exh. A-1), 3-25-2025)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Abandoned" or "abandonment" shall apply to a well which has not been used for a period of one year, unless the owner declares in writing to the administrative authority and health officer his or her intention to resume use of the well for supplying water or other related purposes, such as an observation well or injection well, and the administrative authority and health officer each approves such declaration in their reasonable discretion. All such declarations shall be renewed annually. Test holes and exploratory holes shall be considered abandoned twenty-four (24) hours after construction work has been completed, unless otherwise approved by the administrative authority and health officer.

"Administrative authority" means the director of community development of the City of Arroyo Grande, or the director's designee.

"Agricultural well" means a well located on a property with an approved or permitted land use that supplies water for the irrigation of commercial crops or a well that supplies water for the use of livestock bred for commercial purposes.

"Cathodic protection well" means any artificial excavation more than fifty (50) feet deep for the purpose of installing equipment or facilities for the electrical protection of metallic equipment in contact with the ground, commonly referred to as cathodic protection.

"City council" means the city council of the City of Arroyo Grande.

"City water supply" means the totality of potable or non-potable water resources owned, operated, managed, or contractually obtained by the city.

"Completion" or "completion operation" means any work conducted after artificial excavation, including:

1.

The replacement of the well casing;

2.

Gravel packing;

Sealing;

Casing perforation; or

5.

Other operations deemed necessary by the health officer.

"Contamination" means the introduction of any physical, chemical, biological or radiological substance or matter to water or soil that could harm people or property.

"County" means the San Luis Obispo County Environmental Health Services Division, or as that division may be renamed by the County of San Luis Obispo.

"Destruction" or "destroy" means the complete filling of a well in such a manner that it will not produce water or act as a conduit for the interchange of water.

"Health officer" means the health officer of the San Luis Obispo County Environmental Health Services Division.

"Planning commission" means the planning commission of the City of Arroyo Grande.

"Private domestic well" means a well that supplies groundwater for the domestic needs of an individual residence, or a water system that is not a public water system because it has no more than four service connections. This includes private domestic irrigation.

"Irrigation well" means a private well that supplies water for landscaping, including sports fields and common area residential or commercial landscaping, but not including commercial agriculture.

"Modification" or "repair" means the deepening of a well or the reperforation, sealing or replacement of a well casing or the increase in capacity of the well, or any other physical alteration of a well.

"Observation well" means a well that is used for monitoring or sampling the condition of a water-bearing aquifer, such as water pressure, depth, movement, or quality.

"Person" means and includes any person, firm, association, corporation, organization, partnership, business trust, company, or special district formed under the laws of the state.

"Pollution" means a contaminant that impairs the quality of water to a degree that it creates a hazard to public health and safety.

"Public nuisance," under this chapter, means any well that threatens to impair the quality of city's water supply, cause contamination or pollution, or otherwise jeopardizes the health and safety of the public.

"Salt water (hydraulic) barrier well" means a well that is constructed to extract or introduce water into the ground as a means of preventing intrusion of salt water into a fresh water-bearing aquifer.

"Test hole" or "exploratory hole" means an excavation used for determining the nature of underground geological or hydrological conditions, whether by seismic investigation, direct observation, or any other means.

"Well" means any bored, drilled, driven shaft, or dug hole that is deeper than its widest surface dimension. Wells shall include, but shall not be limited to, community water supply wells, private domestic wells, industrial wells, agricultural wells, irrigation wells, cathodic protection wells, electrical grounding wells, test and exploratory holes, observation wells and salt water (hydraulic) barrier wells, and other wells whose regulation is necessary to fulfill the purpose of this chapter. This definition does not include:

1.

Oil and gas wells or geothermal wells constructed under the jurisdiction of the Department of Conservation of the State, except those wells converted to use as water wells;

2.

Wells used for the purpose of:

a.

Dewatering excavations during construction,

b.

Stabilizing hillsides or earth embankments; or

The following artificial excavations:

a.

Drill holes for soil testing purposes where such holes are less than twenty-five (25) feet in depth,

b.

Holes or excavations for soil percolation tests,

c.

Drill holes for seismic exploration where such drill holes are less than twenty-five (25) feet in depth; and

d.

Excavations for drainage percolation purposes.

"Well-drilling contractor" means a contractor licensed in accordance with the provisions of the Contractors State License Law, Chapter 9 (commencing with Section 7000) of Division 3 of the California Business and Professions Code, as may be amended from time to time.

"Well construction permit" means a permit issued by the San Luis Obispo County Environmental Health Department for construction of a well.

"Well use permit" means a discretionary use permit (minor use permit/plot plan review) issued by the City of Arroyo Grande to allow a well as a use on a property.

(Ord. 576 § 5, 2005; Ord. 524 § 2(S), 2001, prior code § 6-8.02)

(Ord. No. 2025-003, § 4(Exh. A-1), 3-25-2025)

A.

No person shall dig, bore, drill, construct, repair, modify, deepen, or destroy any well in the city unless such person possesses a valid well construction permit issued by the county and receives approval of a city well use permit, unless otherwise exempted by law. All uses of the well shall be consistent with those indicated on the application for the well use permit.

B.

No person shall dig, bore, drill, construct, repair, modify, deepen, or destroy any well unless conducted in conformance with the terms, conditions, and standards specified in this chapter, the well use permit, and those terms, conditions, and standards in the written well construction permit issued by the county, unless otherwise exempted by law.

C.

In the event a person violates this section, that person will be subject to penalties as stated in Chapter 1.16 (Penalty Provisions) of the Arroyo Grande Municipal Code.

(Prior code § 6-8.03)

(Ord. No. 2025-003, § 4(Exh. A-1), 3-25-2025)

A.

Submittal Requirements. Prior to the issuance of any permit, applicants shall submit the following information to the city to be considered by the administrative authority for review and a determination that the application is complete:

1.

A copy of the well construction permit application to the county regarding the proposed well(s) and proof of payment.

2.

Completed application form and payment in full of applicable fees for processing the application.

3.

A digital copy of a plot plan showing the following:

a.

Location, exterior boundaries, and dimensions of the entire property that is the subject of the application.

b.

The scale of the drawing and a north arrow.

c.

An area location map showing the proposed project site and its distance from nearby cross streets and natural or man-made landmarks, as necessary to readily locate the site.

d.

The location, dimensions, and use of all existing and proposed structures on the property, including accessory structures, trash enclosures, decks, balconies, fences, walls, exterior lighting structures, signs, and other structural elements that protrude into yard areas. When the use of a proposed structure is not certain at the time of application, the occupancy type, as defined in the California Building Code, may be submitted for use.

e.

The locations, dimensions, and types of existing and proposed utilities, including water supply, sewage disposal facilities, electricity, gas, or other utilities. Existing and proposed public and private easements shall be shown.

4.

A statement from the applicant stating the type of well sought and why the request for a well should be supported, including any information regarding the infeasibility of connecting to the city's water supply.

5.

A report from a licensed hydrogeologist or similar licensed professional indicating that the proposed method, depth and material of the proposed well will not deplete or contaminate any city water supply.

6.

A good faith estimate of the well capacity, intended uses of the well, and any available water quality data.

7.

Any person who seeks to build or modify a well must possess a valid C57 Water Well Contractor's License in accordance with Water Code Section 13750.5, as may be amended from time to time.

B.

Reports. Upon the completion of the construction of each well, a copy of the well completion report required by the provisions of Section 13751 of the California Water Code, as may be amended from time to time, shall be submitted to the city's public works department and community development department.

C.

Time Limits. An approved well use permit expires two years from the date of issuance, unless the administrative authority has determined that well construction is complete and the well completion report required by Section 13751 of the Water Code (as may be amended) has been submitted to the California Department of Water Resources and the administrative authority. The administrative authority may, in its reasonable discretion, authorize up to two oneyear extensions in cases of exceptional circumstances that prevented timely construction. Upon expiration of the permit, no further work shall be done unless and until the applicant receives an extension from the administrative authority or obtains a new permit if an extension is not granted.

(Ord. 576 § 6, 2005)

(Ord. No. 2025-003, § 4(Exh. A-1), 3-25-2025)

If the administrative authority determines the well use permit application is complete, the planning commission may approve the application if the planning commission determines that approval of the well use permit is in the public interest. In evaluating whether the well use permit is in the public interest, the planning commission shall consider whether: (1) the proposed well will not cause an adverse impact to the public health or safety, (2) a refusal to grant the well use permit would cause unnecessary hardship to the applicant, and (3) special circumstances apply to the property—due to its, size, shape, topography, location, or surroundings—which makes it impractical or infeasible to connect to the city's water supply. The planning commission shall not grant the application if doing so would constitute a special privilege to the applicant not afforded to other similarly situated properties. When applicable, the planning commission shall also consider the additional standards in consideration of whether to approve the well use permit as being within the public interest:

A.

Adjudicated Areas and Basins. Private domestic wells (new or replacement) and private irrigation or agricultural wells (new or replacement) shall only be considered in locations outside of the adjudicated portion of the Northern Cities Management Area (NCMA) of the Santa Maria River Groundwater Basin (SMGB), unless otherwise required by law. No private domestic wells or private irrigation or agricultural wells shall be considered in locations within the adjudicated portion of the Northern Cities Management Area (NCMA) of the Santa Maria River Groundwater Basin (SMGB), unless otherwise required by law.

B.

Private irrigation or agricultural wells. Private irrigation or agricultural wells (new or replacement) shall only be allowed if the applicant has demonstrated the following:

a.

The proposed well will not contaminate the city's water supply; and

b.

The proposed well will not significantly impact the city's water supply with regard to volume (ability of city to pump or extract water), quality (impacts to flow, risks of pollution or contamination), or distribution (ability to provide potable water to city residents and businesses).

c.

The proposed well will be used only as described in the well use permit application.

C.

Private domestic wells. Private domestic wells (new or replacement) shall only be allowed if the applicant has demonstrated the following:

a.

The proposed well will not contaminate the city's water supply.

b.

City water service cannot reasonably be provided to the project site because the applicant must obtain easements across private property to the city water mains, and the applicant has demonstrated a good faith attempt to seek such easements in the opinion of the administrative authority, and the private property owners have refused to grant easements to the applicant.

c.

The proposed well will not significantly impact the city's water supply with regard to volume (ability of city to pump or extract water), quality (impacts to flow, risks of pollution or contamination), or distribution (ability to provide potable water to city residents and businesses).

d.

The proposed well will be used only as described in the well use permit application.

D.

Conditions. If the planning commission approves the granting of a well use permit, it may be issued subject to reasonable conditions designed in furtherance of the public's health and safety or to protect property. Such conditions may include, but are not limited to, quantity and quality testing methods, a performance bonding requirement, and other rational limitations or restrictions deemed in the public interest. Any abandoned wells on the property shall be destroyed as a condition of the issuance of a permit.

E.

Notice and Appeals. The decision of the planning commission shall be mailed to all property owners of parcels within three hundred (300) feet of the property where the well has been proposed. The decision of the planning commission may be appealed to the city council in accordance with the procedures provided in Section 16.12.150.

(Ord. No. 2025-003, § 4(Exh. A-1), 3-25-2025)

The applicant shall maintain a copy of the approved permit on the drilling site during all stages of construction or destruction. The city or its representative may conduct examinations and investigations to determine whether any provision of this chapter is being violated. A city representative may require that each completion, modification, or destruction operation be inspected prior to any further work. If the city representative determines that a violation of this chapter has occurred, or the applicant has misrepresented any material fact in its application or supporting documents, the city may initiate the revocation procedures associated with Section 16.16.220 and order a temporary suspension of the permit during the pendency of those proceedings. No person whose permit has been suspended or revoked shall continue to perform the work for which the permit was granted unless such permit has been reinstated by the city.

(Ord. 576 § 7, 2005: prior code § 6-8.05)

(Ord. No. 2025-003, § 4(Exh. A-1), 3-25-2025)

In the event a city representative determines that a well constitutes a public nuisance, he or she shall abate such nuisance in accordance with the provisions of Section 3494 of the Civil Code of the state and/or city ordinance. Specific actions that would be considered a public nuisance include contamination of water sources, improper well construction or abandonment, excessive pumping or depletion of groundwater, failure to comply with regulatory standards of any governmental agency, or physical hazards such as leaving wells exposed or unmarked.

(Ord. 576 § 9 (part), 2005: prior code § 6-8.07)

(Ord. No. 2025-003, § 4(Exh. A-1), 3-25-2025)

If a city representative finds that immediate action is necessary to prevent either the pollution, contamination, or depletion of the city water supply or another identifiable threat to the health or safety of the public, he or she may summarily abate such nuisance in any manner permissible under the law.

(Ord. 576 § 9 (part), 2005: prior code § 6-8.08)

(Ord. No. 2025-003, § 4(Exh. A-1), 3-25-2025)

A.

The city may condition wells for destruction as part of the discretionary review process.

B.

Wells conditioned by the city to be destroyed shall be properly destroyed under County of San Luis Obispo Environmental Health Services Division permit and inspection by the city's administrative authority. Failure to destroy a well that is conditioned for destruction will constitute a public nuisance, as defined, and the administrative authority will take appropriate measures to mitigate or abate the nuisance.

C.

A certificate of destruction issued by the San Luis Obispo County Environmental Health Services Division shall be submitted to the city within 30 days of issuance.

(Ord. No. 2025-003, § 4(Exh. A-1), 3-25-2025)