Butte County Municipal Code Ch. 24A Integrated Groundwater Management Program and Plan Ordinance

(a) The groundwater underlying Butte County is an essential natural resource and provides the people and lands of the county with water for agricultural, domestic, municipal, and other purposes. Section 2 of the Land Use Element of the General Plan is entitled "Resource Management." Section 2.1 is entitled "Agricultural and Crop Land" and Policy 2.l.a provides that: "[The County should] maintain agricultural crop production as a major source of food, employment and income."

(b) Although the Butte groundwater basin is not a critically overdrafted basin, groundwater within the County has proven to be a limited and varied resource. The continued health, safety, and welfare of County residents all depend upon the prudent management, regulation, and protection of that resource. To that end, it is important that the County help coordinate groundwater management programs and plans adopted by various public agencies within the County, promote cooperation, and provide a minimum and uniform standard of groundwater protection within the County. Section 1.1 of the Land Use Element of the General Plan is entitled "General Welfare" and Policy 1.1a of that section provides that: "[The County should] provide for the health, safety and well being of the County's present and future residents."

(Ord. No. 3847, § 1, 3-25-2003)

(a) Pursuant to California Constitution Article XI, Section 7, the Board of Supervisors of the County has the police power to legislate for the protection of the health, safety, and welfare of the residents of the County. Included within the police power is the authority to regulate and manage groundwater within County borders. The Board of Supervisors also exercises extensive authority over land uses within the County and has responsibilities under the California Environmental Quality Act. Because of these authorities and responsibilities, the Board of Supervisors and County departments are in a unique position to coordinate and cooperate with local water agencies, water purveyors, and groundwater pumpers within County borders.

(b) In 1992, the State Legislature enacted AB3030, set forth in Division 6, Part 2.75 of the California Water Code (commencing with Section 10750) (hereafter referred to as "AB3030"). In 1995, the State Legislature amended AB3030 by amending Water Code Section 10755.3, acknowledging that counties are authorized to adopt groundwater management ordinances. In order to avoid conflicts, the County shall endeavor to coordinate this Program and Plan with local agencies that have adopted rules and regulations to implement and enforce their AB3030 plans as required by Water Code Section 10753.9(a) in order to avoid conflicts.

(Ord. No. 3847, § 1, 3-25-2003)

(a) The purposes of this Program and Plan are as follows:

(1) To identify and implement on a comprehensive and integrated basis, existing County ordinances and land use planning policies and their applicability and effect on groundwater management and regulation within the County.

(2) To protect the groundwater resources within the County through the management and regulation of groundwater pursuant to the County's police power and land use authority.

(3) To coordinate and cooperate with local water agencies, purveyors and groundwater users within the County.

(4) To provide a minimum and uniform standard of groundwater protection within the County.

(b) The County shall participate in annual meetings to coordinate groundwater programs as required by Water Code Section 10755.3.

(c) Elements of this Program and Plan shall supplement any adopted AB3030 plan within the County. Any conflict between a provision or provisions of any such AB3030 plan and this Program and Plan shall be determined on a case by case basis. This Program and Plan shall control unless otherwise determined by a vote of the Board of Supervisors.

(Ord. No. 3847, § 1, 3-25-2003)

(a) The Butte County Groundwater Management Program and Plan shall consist of the following elements and as those elements may be amended from time to time:

(1) Water Well Ordinance, Butte County Code Chapter 23B;

(2) Groundwater Conservation Ordinance, Butte County Code Chapter 33;

(3) Applicable provisions of the Butte County General Plan, including, but not limited to, the Conservation Element;

(b) Any addition and amendment to an element shall be adopted by action of the Board of Supervisors after review by the Water Commission and input by the Butte Basin Water Users Association and the public. Any amendment to the Butte County General Plan shall be subject to such other reviews and approvals required by law.

(c) This Program and Plan shall constitute a groundwater management plan adopted pursuant to state law under Water Code Section 1745.10(a). A water user within County borders that transfers surface water pursuant to Division 2, Part 2, Chapter 10.5, Article 4 of the California Water Code (commencing with Section 1745) must comply with this Program and Plan prior to replacing any portion of the surface water transferred with groundwater.

(Ord. No. 3847, § 1, 3-25-2003)

(a) Implementation and enforcement of Program/Plan Elements shall be pursuant to the applicable County ordinance.

(Ord. No. 3847, § 1, 3-25-2003)