Calaveras County Municipal Code Ch. 17.19 Groundwater Management

The board of supervisors hereby finds and declares:

A. Adequate supplies of water are vital to the economy of the county and the health and well-being of its citizens.

B. The ground water underlying the county has been and will continue to be an important source of water for the people and lands of the county for agricultural, domestic, municipal, and other purposes.

C. Under California case law, water may be appropriated from a ground water basin if the ground water supply is surplus and exceeds the reasonable and beneficial needs of overlying users.

D. It is essential for the protection of the health, welfare, and safety of the residents of the county, that the ground water resources of the county be protected from harm resulting from the extraction of ground water for use on lands outside of the county until such time as needed additional surface water supplies are obtained for use on lands of the county, or as further and more accurate quantification of ground water resources within the county is developed and ground water management plans for affected basins have been adopted.

E. California courts have recognized and upheld the ability of counties, through the exercise of their police powers, to regulate ground water extraction and transfer from basins within their boundaries. See, e.g., Baldwin, et al. Tehama county (1994) I Cal. App. 4th 166.

F. Because of the need for increased water supply to meet future needs within the county, and because surface water supplies obtained in the future may be used conjunctively with available local ground water for reasonable and beneficial local uses, it is vital that the county's ground water supply and quantity be preserved.

G. It is essential for information gathering and monitoring purposes, and for the protection of the county's ground water resources, that the county adopt a permit process addressing the extraction of ground water for use outside the county, or in place of surface water used similarly. In adopting and codifying this chapter, the county does not intend to limit other authorized means of managing the county ground water and intends to work cooperatively with interested local public agencies to further develop and implement joint ground water management practices.

This chapter shall be known and may be cited as the Calaveras County Ground Water Management Ordinance.

The terms used in this chapter shall have the following meanings:

A. "Aquifer" means an aquifer as defined in Chapter 8.20.

B. "Basin" means an underground aquifer or the land immediately overlying such an aquifer.

C. "District" means any special district wholly or in part located within the boundaries of the county, which is a purveyor of waters for agricultural domestic, or municipal use.

D. "Domestic water well" means a well devoted exclusively to the residential and associated uses on a parcel of land.

E. "Ground water Management Act" means ground water management as defined in California Water Code Section 10750 et seq.

F. "Ground water" for the purposes of this chapter and as defined in California Water Code Section 10752(a), 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.

G. "Ground water extraction" means removal of ground water by a well, a pump or other artificial means from an underground aquifer.

H. Ground water transfer, transferring, transferred" means the intentional transfer by a person of ground water through any type of method of conveyance, including but not limited to pipes, drainages, ditches, canals, streams, rivers or motor vehicles. Ground water transfer as defined in this chapter shall not include transfers which take place internal to the county.

I. "Hard rock formation" means an impermeable geologic formation, including but not limited to, igneous, including granitic and metamorphic, including serpentine rocks.

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

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

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

M. "Overdraft" means the condition of a ground water supply in which the amount of water withdrawn by pumping exceeds the amount of water replenishing the supply over a period of time and also the point at which extractions from the supply exceed its safe yield plus any temporary surplus.

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

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

P. "Person" means not only any natural person, but also any corporation, partnership, association, trust, municipality or any other entity with legal existence under California law.

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

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

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

T. "Safe yield" means the maximum quantity of water which can be withdrawn annually from a ground water supply under a given set of conditions without causing overdraft or adverse water quality conditions. Specifically "safe yield" is the amount of water which can be withdrawn 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 drinking water standards;

4. Violating water rights or restrictions in pumpage in the ground water basin as established by court adjudication or applicable state or federal law.

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

V. "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. Spreading, artificial recharge and replenishment all refer to operations used to place water in a ground water table.

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

X. "Usable storage capacity" means the quantity of ground water of acceptable quality that can be economically withdrawn from storage.

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

Z. "Water year" for the purposes of this chapter and as defined in California Water Code Section 7168), means the period commencing on October 1st of one calendar year and ending on September 30th of the calendar year immediately following.

AA. "Well" means a well or water well as defined in Chapter 8.20.

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

The provisions in this chapter shall apply to the transfer of extracted groundwater to outside of the county, except as follows:

A. This chapter shall not apply to the extraction of ground water for

1. Activities occurring prior to the adoption of this chapter;

2. Bottling, and/or transferring bottled water by a commercial bottling water enterprise; or

3. Use by a district on land or within an area that is within the boundaries of a district.

It shall be unlawful to extract ground water underlying the county, directly or indirectly, for use of that ground water outside county boundaries, or use of that ground water to replace water transferred outside county boundaries, without first obtaining a permit as provided in this chapter.

It shall be unlawful for any person to operate, or for a property owner to allow for any person to operate, any well, excepting a domestic well devoted exclusively to the residential and associated uses on a parcel of land, in such a manner that the radius of influence of such well extends beyond the boundaries of the parcel of land upon which the well is located, or alternatively, beyond the boundaries of contiguous parcels of land under the same ownership.

A. An application for a permit shall be filed with the planning department on forms provided by the planning department and shall contain all information required by the Department, including that deemed necessary to conduct the appropriate environmental review in accordance with the California Environmental Quality Act. The application for a permit shall be accompanied by the fees which shall be established from time to time by the board of supervisors.

B. An application for a permit shall be accompanied by a report prepared at the applicant's expense by a California Registered Civil Engineer or Certified Hydrologist with expertise and experience in geologic and hydrologic testing. The information provided in the application should provide information necessary to support the required findings and to establish appropriate conditions. The report must provide the following information:

1. The location of the proposed project for extraction of ground water for use outside of county boundaries:

2. The design of the project, the term of the project, and a description of the method of extraction;

3. The quantity of water to be extracted and transferred on an annual basis;

4. The amount of the maximum monthly rate of extraction for transfer;

5. The location, size, spacing and depths of all extraction wells;

6. A description of the monitoring plan and the location of monitoring wells to measure ground water levels, evaluate gradient, flow direction and water quality; and

7. Such other matters as the planning department may require.

C. In those cases where ground water is used to replace or enhance surface water transfer outside of the county, documentation must be provided disclosing the seller, the buyer, the permits, or entitlements received from the state water resources control board, the duration of the action and any conditions upon that surface water transfer.

D. The environmental review shall be undertaken in accordance with the California Environmental Quality Act and county guidelines. All costs of the environmental review shall be the responsibility of the applicant.

E. If the applicant is applying to pump water from a district, city, or the unincorporated territory in which a ground water management plan has been adopted pursuant to the Ground Water Management Act, the planning department shall consider a ground water management plan, or any other relevant information provided by the district, city, or other local agency. Any interested person or agency may provide comments relevant to the matter of the extraction of ground water.

At the planning commission's public review, 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 planning commission's to make the required findings. The planning commission may request any additional information it deems necessary for its decision, the cost of which, if any, shall be borne by the applicant. The board of supervisors shall also hear relevant evidence presented by other interested persons and entities, the planning department, other county staff and the public. Formal rules of evidence shall not apply during the public review, but the planning commission's may establish, such rules as will enable the expeditious presentation of the matter and relevant information thereof. The planning commission shall consider all effects that the granting of the permit application would have on the affected aquifer including, but not limited to, the hydraulic gradient, hydrology, percolation, permeability, piezometric surface, porosity, recharge, safe yield, specific capacity, spreading waters, transmissivity, usable storage capacity, water table, and zone of saturation after which the commission shall make a recommendation to the board of supervisors. This recommendation will specify the effects of granting a permit will not cause the following:

A. Increase an overdraft of the ground water basin or water bearing hard rock formation underlying the county;

B. Adversely affect the long-term ability for storage or transmission of ground water within the aquifer;

C. Exceed the safe yield of the ground water underlying the county;

D. Will not otherwise operate to the injury of the reasonable and beneficial uses of overlying ground water users;

E. Will otherwise comply with Water Code Section 1220 if applicable; and

F. Will not result in an adverse impact to a water replenishment, storage, or restoration project operated in accordance with statutory authorization.

The applicant shall have the burden of proof of establishing the facts necessary for the board of supervisors to make the required findings. The permit may only be granted by the board of supervisors if a majority of the total membership of the board of supervisors finds and determines that extraction:

A. Will not cause or increase an overdraft of the ground water basin or water bearing hard rock formation underlying the county;

B. Will not adversely affect the long-term ability for storage or transmission of ground water within the aquifer;

C. Will not exceed the safe yield of the ground water underlying the county;

D. Will not otherwise operate to the injury of the reasonable and beneficial uses of overlying, ground water users;

E. Will otherwise comply with Water Code Section 1220 if applicable; and

F. Will not result in an injury to a water replenishment, storage or restoration project operated in accordance with statutory authorization. Permits for extraction of ground water, other than where extraction is a part of a ground water replenishment program, shall limit extraction to no more than the demonstrated reasonable historical use or in an amount not to exceed what is required to maintain the public health, safety, and welfare of the people of Calaveras County, whichever is less. Other conditions in the permit may include but are not limited to, requirements for observation and/or monitoring wells.

Re-application for a permit which has been denied may not be filed with the planning department until the following water year and must be accompanied with information that demonstrates a significant change in conditions in the ground water and/or change in the proposed extraction.

All permits shall be valid for a term set by the board of supervisors, not to exceed three water years from the date of issuance of the permit. Nothing contained in this chapter or in the conditions of the permit shall be construed as giving an exclusive right to ground water or to establish a compensable right in the event that the permit is subsequently revoked or modified by the board of supervisors after a hearing on a challenge to the permit.

The permit process of this chapter is not to be construed as a grant of any right or entitlement but rather the permit provides evidence that the health, welfare, and safety of the residents of the county will not be harmed by the extraction and transfer of ground water for off-parcel use as defined in this chapter. The permit in no way exempts, supersedes or replaces any other provisions of federal, state, and local laws and regulations including but not limited to Water Code Section 1220, the Groundwater Management Act and any actions provided for in California ground water law, well drilling and maintenance or building permit requirements.