Chapter 3 — WELL STANDARDS

Any person who uses a new or existing well shall first register said well with the Imperial county planning and development services department. If a well is under an active conditional use permit, the well shall be deemed to be registered. Any well that is not under an Imperial County CUP shall be registered with the

planning and development services department and the state pursuant to California Water Code, Section 13750.

An application to register any well shall be filed with the planning and development services department and said application shall contain all information required upon the form.

(Ord. 1415 § 332, 2006)

92103.01 - Completion reports.

The driller shall provide the enforcement agency a completion report within thirty (30) days of the completion of any well construction, reconstruction, or destruction job.

A.

Submittal of State Report of Completion. A copy of the "Report of Completion" (Driller's well log) required by California Water Code, Section 13751, shall be submitted by the well driller to the enforcement agency within thirty (30) days of construction or destruction of any well (except driven wells). This report shall document that the work was completed in accordance with all applicable standards and additional permit conditions.

This section shall not be deemed to release any person from the requirement to file the report with the State Department of Water Resources.

B.

Confidentiality of Report. With the exception of the well driller's name, the date the well was drilled and the well yield, all information contained in this report shall remain confidential.

C.

Other Agency's Requirements. Nothing in this division shall be deemed to excuse any person from compliance with the provisions of California Water Code, Section 13752, relating to notices and reports of completion or any other federal, state, or local reporting regulations.

(Prior code § 92103.01)

Except as otherwise specified, the standards for the construction, repair, reconstruction, alteration, reactivation, operation, or abandonment of wells shall be as set forth in:

A.

The California Department of Water Resources Bulletin 74-81 entitled, "Water Well Standards, state of California," except as modified by subsequent supplements or revisions issued by the department of Water Resources.

B.

The California Department of Water Resources Bulletin 74-90 and any subsequent supplements or revisions issued by the department of Water Resources.

C.

The following factors, to the extent necessary to avoid conditions of overdraft, subsidence, well interference, water quality degradation, or other environmental degradation:

1.

The type of use or uses served;

2.

The number of users served;

3.

Wasteful or inefficient use;

4.

Water conservation activities;

5.

Reasonable need of the extractor and other affected water users;

6.

The quality of groundwater;

7.

The affected groundwater basin or sub-basins;

8.

Environmental impact as determined through the CEQA review;

9.

Any other factors that the planning and development services department reasonably believes it should consider in order to reach an equitable result within the entire county in accordance with the provisions of this division, and of California Law.

(Ord. 1415 § 334, 2006)

The enforcement agency shall have the power under the following specified conditions to grant a variance from any provision of the standards referred to above and to prescribe alternate requirements in their place. There is no appeal from a denial of a variance request, unless:

A.

Special Circumstances. There must be, in a specific case, special circumstances where practical difficulties or unnecessary hardship would result from the strict interpretation enforcement of any standard. Economic expense will not be considered unnecessary hardship.

B.

Intent of Division not Compromised. The granting of any variance is to be consistent with the purpose and intent of this division and state law.

(Prior code § 92103.03)

The enforcement agency may designate areas where potable groundwater quality is known to exist and where a well will penetrate more than one aquifer. The enforcement agency may require in these designated areas special well seals to prevent mixing of water from several aquifers. Where an applicant proposes well construction, reconstruction, alteration, repair or construction work, in such an area, the enforcement agency may require the applicant to provide a report prepared by a registered geologist or a registered civil engineer that identifies all strata containing poor quality water and recommends the location and specification of seal or seals needed to prevent entrance of poor quality water or its mitigation into other aquifers.

The enforcement agency may take such other action as it determines reasonably necessary to protect the degradation of both quantity and quality of any known aquifer resulting from the installation, modification, refurbishing, construction, repair or destruction of well or from improper well operations, maintenance, and/or from excessive pumping capacity.

(Prior code § 92103.04)

92103.05 - Appeals.

A.

Any person whose application for a permit has been denied, granted conditionally, or whose permit has been suspended or revoked, may appeal the determination to the Imperial County planning commission, provided the appeal is in writing, within ten (10) days after any such denials, conditional granting, suspension, or revocation. Such appeal shall specify the grounds upon which it is being requested and shall be accompanied by a filing fee as set forth in the county's Codified Ordinances. The planning director shall set such an appeal for hearing before the planning commission at the earliest practicable time, and shall notify the appellant and all interested parties in writing at least ten (10) days prior to the hearing.

B.

After such hearing the planning commission may uphold, or may reverse, wholly or in part, or may modify any such determination.

C.

The decision of the planning commission shall be final unless it is appealed to the board of supervisors within ten (10) days from the date of the planning commission's decision.

D.

Any decision made by the board of supervisors on an appeal from the planning commission shall be final.

(Prior code § 92103.05)

92103.06 - Right of entry and inspection.

Representatives of the enforcement agency shall have the right to enter upon any premises at all reasonable times to make inspections and tests for the purpose of such enforcement and administration. If any such premises are occupied, the representative shall first present proper credentials and demand entry. If the same is unoccupied, the representative shall first make a reasonable effort to locate the owner or other person having charge or control of same representative shall have recourse to such remedies as are provided by law to secure entry.

(Prior code § 92103.06)

Chapter 4 - ENFORCEMENT

A.

Penalty. Any person who commences work for which a permit is required by this division, without first obtaining such permits and approvals, shall be required, if subsequently granted a permit, to pay double all standard permit fees. The payment of such double fee shall, however, in no way excuse compliance with this division or other applicable codes.

B.

Violations is a Misdemeanor. Any person who violates any of the provisions of this division is guilty of a misdemeanor and upon conviction, thereof, shall be punishable by a fine of, not to exceed, five hundred dollars ($500.00) and/or by imprisonment in county jail for a time not to exceed six months.

C.

Civil Enforcement—Nuisance.

1.

Notice of Violation Recordation. Whenever the enforcement agency determines that a well: (a) has not been completed in accordance with a well permit or the plans and specification relating thereto or (b) has been constructed without the required permit, or (c) has not been properly abandoned in accordance with the standards, the enforcement agency may record a notice of violation with the office of the county recorder.

2.

Removal of Violation Notice. The enforcement agency shall submit a removal of the notice of violation to the county recorder when: (a) it is determined by the enforcement agency or the board of supervisors, after

review, that no violation of this division exists; or (b) all required and corrective work has been completed and approved by the enforcement agency.

D.

Remedies Cumulative. The remedies available to the county to enforce this division are in addition of any other remedies available under this division or other statute, and do not replace or supplant any other remedy, but are cumulative thereto.

(Prior code § 92104.00)

Division 22 - GROUNDWATER MANAGEMENT

Chapter 1 - GENERAL PROVISIONS

This division shall be known and may be cited as the "Imperial County Groundwater Management Ordinance."

(Prior code § 92201.00)

This division is adopted for the purpose of preserving and managing the groundwater within the county. The board of supervisors finds and declares that the preservation and management of the groundwater within the county for the protection of domestic, commercial, agricultural, industrial, municipal, wildlife habitat, and other uses is in the public interest and that the adoption of a system of regulation of groundwater is for the common benefit of all county water users.

(Prior code § 92201.01)

92201.02 - Exclusions.

The following uses are excluded from the application of this division:

A.

Agricultural tiling or tile drain systems under the surface of irrigated lands;

B.

Geothermal systems regulated by the California Department of Conservation, Division of Oil and Gas;

C.

Geothermal systems not regulated by the California Department of Conservation, Division of Oil and Gas because they are on federal lands;

D.

Geothermal projects governed by the county geothermal project ordinance;

E.

Uses for an approved land use project of geothermal waters or solutions having an average temperature greater than one hundred ten (110) degrees Fahrenheit or total dissolved solids greater than five thousand (5,000) parts per one million (1,000,000).

(Prior code § 92201.02)

92201.03 - Prior approved uses.

Any groundwater use in the county which has been approved as part of a county conditional use permit before the effective date of the ordinance codified in this division, shall be deemed, during compliance with and for the term of such conditional use permit, to be exempt from the permitting and reporting provisions of this division, and the payment of fees incidental to registration, permitting, and reporting.

(Prior code § 92201.03)

92201.04 - Definitions.

Unless otherwise indicated by their context, the terms defined in this section govern the interpretation of this division.

"Abandon" means the cessation or suspension of use of a facility for more than twelve (12) consecutive months, or such longer period of not more than twenty-four (24) consecutive months as the director may approve in writing. The user may apply for a longer period of up to twelve (12) months during the first twelve (12) months of cessation or suspension of use, and the application must be for good cause.

"Artificial recharge" means an increase in groundwater resulting from the application or addition of water to surface land, or through any other artificial process. Artificial recharge may be unintentional, i.e., not performed with the purpose of increasing groundwater. Artificial recharge may be intentional, i.e., performed with the purpose of increasing groundwater. If a substantial purpose of an artificial recharge activity is the increase of groundwater, then it is intentional artificial recharge.

"Artificial recharge facility" means any device or method used for the intentional artificial recharge of groundwater in the county.

"Available supply" means the quantity of groundwater which can be withdrawn annually from a groundwater basin without resulting in or aggravating conditions of overdraft, subsidence, groundwater quality degradation, or other environmental damage. Available supply of a groundwater basin includes the average annual natural water supply, imported water or other water which has been spread to the basin or otherwise added to the basin, and return flows to the basin attributable to these sources reaching the groundwater basin in the course of use.

"Close" means the ceasing of all use of a facility, and dismantling, capping, filling, or otherwise permanently modifying the facility in accordance with applicable building, mechanical or safety regulations, to prevent further use of the facility.

"Conditioning" or "to condition" means the treatment of water by chemical, mechanical, or other means, to improve or alter its quality or usefulness.

"Development project" means a project undertaken to develop property, including the development or expansion of agricultural uses, or involving the discretionary issuance to a person of a lease, building or other permit, license, certificate, or other entitlement for use granted by one or more public agencies, including, but not limited to any of the following:

1.

A tentative map or tentative parcel map required by local ordinance or the Subdivision Map Act (commencing with Section 66410 of the Government Code of the state of California);

2.

A conditional use permit;

3.

A zone change;

A variance.

"Director" means the planning and development services director of the county.

"Export" means groundwater extracted for use outside the boundaries of the groundwater basin from which the groundwater is derived, or outside the county, or extracted groundwater used within the county in lieu of, and resulting in a reduction of, water previously within the county.

"Exportation facility" means any device or method used for the export of groundwater from the county or a groundwater basin within the county.

"Extraction" means the act of obtaining groundwater by pumping or other controlled means.

"Extraction facility" means any device or method for the extraction of groundwater within the county.

"Groundwater" means water which occurs in or moves, seeps, filters, or percolates through, or is located in the ground under the surface of the land, regardless of the source. "Groundwater" does not include any water which, on the effective date of the ordinance codified in this division, is subject to appropriation under Part 2 (commencing with Section 1200) of Division 2 of the Water Code of the state of California. The character of water as "groundwater" is not modified by extraction.

"Groundwater basin" means the groundwater basin or basins, or portions thereof, within the boundaries of the county and any sub-basins located therein.

"Notice to the public" means giving notice at least ten (10) days before the date of the hearing, of the date, time, and place of hearing, location of the properties affected, and the nature of the matter under consideration, by:

1.

Publishing such notice once in a newspaper of largest circulation in the county;

By posting such notice at the Imperial county administration center;

3.

By mailing a copy of such notice postage prepaid to persons who have requested notice. Such requests shall be made in writing, delivered to the director, and shall expire at the end of the calendar year in which they are received.

"Off-basin use" means the extraction of groundwater for use within the county which does not overlie the groundwater basin from which the groundwater is extracted.

"Operator" means the person who operates an extraction facility, exportation facility, or artificial recharge facility. "Operator" also means the person to whom the extraction facility, exportation facility, or artificial recharge facility is assessed by the county assessor or, if not separately assessed, the person who owns the land upon which an extraction facility, exportation facility or artificial recharge facility is located.

"Overdraft" means the condition of a groundwater basin where the average annual amount of water extracted exceeds the average annual supply of water to the basin plus any temporary surplus.

"Overlying use" means the extraction of groundwater for use on the extractor's land within the county which overlies the groundwater basin from which the groundwater is extracted.

"Person" includes any state or local government agency, private corporation, firm, partnership, individual, group of individuals, or, to the extent authorized by law, any federal agency.

"Planning commission" means the commission selected pursuant to Section 90103 et seq. (planning commissioners appointment; election; terms of office; divisions; chairman), of this division.

"Replenishment" means spreading water over a permeable area for the purpose of allowing it to percolate to the groundwater basin, or otherwise adding water to the groundwater basin which without such effort would not augment the groundwater supply.

"Supplemental water" means surface water or groundwater imported from outside the watershed or watersheds of a groundwater basin and flood waters that are conserved and saved within the watershed or watersheds which would otherwise have been lost or would not have reached the groundwater basin.

"Temporary surplus" means the amount of water that can be extracted from a groundwater basin without adversely affecting the available supply or groundwater quality of the groundwater basin, to provide storage space for natural recharge that would be lost during wet years if it could not be stored in the groundwater basin.

"Use" means any actual consumption or other beneficial use of a specific quantity of groundwater at a specific location.

"User" means any person using groundwater.

"Well interference" means a substantial water level decline in a short time period in a localized area caused by extraction.

(Ord. 1415 § 336, 2006)

The commission shall act at the direction of the board of supervisors and as set forth in this division.

Commissioners Appointment and Election—Terms of Office—Division and Chairperson.

A.

The commission shall consist of ten (10) members selected in accordance with this division. Each member shall be a qualified elector of and a resident in the county of Imperial.

B.

Two members of the commission shall be appointed by each member of the board of supervisors. A supervisor shall make an appointment in writing by filing a notice with the clerk of the board of supervisors, who shall place it on the next public agenda as a public information item.

C.

The term of office of each commission member shall run concurrently with the term of office of the supervisor who appointed the commission member.

D.

Should the appointing supervisor leave office for any reason, the appointment of each commission member appointed by the supervisor shall expire when the supervisor leaves office, and the successor supervisor shall appoint a person to serve the balance of the unexpired portion of the term. An appointee whose term has expired shall serve until his or her successor is appointed.

E.

The supervisor making an appointment shall have the power to remove the appointee from the commission. If the supervisor chooses to remove an appointee, the supervisor shall do so in writing by filing a notice with the clerk of the board of supervisors, who shall place it on the next public agenda as a public information item.

F.

Notwithstanding subsections C, D and E of this section, the board of supervisors, by a four-fifth's vote, may remove any member or members of the commission.

G.

Vacancy in the office of a member of the commission shall occur upon the expiration of their term, death, resignation, removal from or forfeiture of office. A forfeiture shall occur when the member of the commission ceases to be a qualified elector or resident of the county. Should a vacancy occur on the commission, the vacancy shall be filled by the appointing supervisor or the successor to such supervisor for the unexpired portion of the term.

H.

At the first meeting of each year, the commission shall elect from the commission a chairperson and a vice chairperson, and shall provide for the time and place of holding its meetings.

I.

The chairperson of the commission shall preside at all meetings of the commission. In the case of the absence or inability to act of the chairperson or vice chairperson, the members present shall by resolution entered in the records of the commission, select one of their members to act as temporary chairperson.

J.

A majority of the members of the commission shall constitute a quorum for the transaction of business. A majority of all members appointed to the commission must concur on any decision.

K.

Each commissioner shall receive compensation in an amount to be determined by the board of supervisors and shall receive reasonable traveling expenses to and from the place of meeting of the commission.

(Prior code § 92201.05)

92201.06 - Meetings of the commission.

The commission shall meet on the third Wednesday of each month and may hold such additional and special meetings as called by the chairperson by giving notice to the public.

(Prior code § 92201.06)

92201.07 - Regulations—Adoption—Publications—Civil liability.

Any regulation recommended by the commission pursuant to this division and adopted by the board of supervisors may become effective upon adoption. Within ten (10) days after its adoption, the regulation shall be published pursuant to Section 6061 of the Government Code of the state of California. From and after the effective date of the regulation, and after publication, any person who does not comply with the provisions of a regulation may be liable civilly for a sum not to exceed one thousand dollars ($1,000.00) for each day a regulation is not complied with, in addition to any other penalties established pursuant to this division. If deemed appropriate, the commission may recommend, and the board of supervisors may adopt regulations defining additional specific objective standards for determining the available supply and conditions of overdraft.

(Prior code § 92201.07)

All moneys collected pursuant to this division shall be placed in a designated fund and shall be available, without regard to the fiscal year, for expenditure by the county in carrying out groundwater management functions pursuant to this division, including using funds to offset the administrative costs incurred by county departments.

(Prior code § 92201.08)

The commission may after notice to the public and hearing, recommend to the board of supervisors the establishment of standards for amounts of groundwater which may be annually extracted or exported, without complying with those portions of this division relating to extraction permits, exportation permits, extraction statements or exportation statements. Upon recommendation, the board of supervisors shall, upon notice to the public and hearing, establish such standards as the board determines appropriate. Such standards may be uniform throughout the county or varied for individual groundwater basins or types of groundwater users. Any operator annually extracting or exporting groundwater in amounts greater than the amounts specified in such standards, shall comply with the provisions of this division.

(Prior code § 92201.09)

The commission may hear and decide any allegations that a person has violated this division, and may make any orders in response thereto, and impose any penalties, as may be permitted by this division.

(Prior code § 92201.10)

92201.11 - Procedures of commission.

The commission shall act in accordance with the "Rules for Transaction of Business for the Imperial County Groundwater Commission", except as may be otherwise provided in this division. The commission shall, after notice to the public and hearing, adopt such rules, fees, and procedures to implement this division.

(Prior code § 92201.11)

92201.12 - Permit and development project application procedures.

A.

Filing of Applications. Applications for permits for extraction or exportation of groundwater, or artificial recharge, or for appeal of a denial of approval of a development project shall be made on commission approved forms and submitted to the director. No application shall be accepted unless it complies with the requirements of this section.

B.

Notice of Hearing on Application. The director shall fix the time and place of the hearing on the application. Not less than ten (10) days before the date of such hearing, notice of the date, time, and place of hearing, location of the properties affected, and the nature of the request shall be given by doing each of the following:

1.

By giving notice to the public;

By mailing a notice postage prepaid to the applicant, to each member of the commission, and to the owners of all the property within one thousand (1,000) feet of the exterior boundaries of the property described in the application using for this purpose the latest known name and address of such owner as shown upon the latest equalized tax assessment roll of the county. Provided that in the A-1, A-2, and A-3 Zoned areas of the county, notice shall be sent to all owners of all property within one-half mile of the exterior boundaries of the property described in the application.

C.

Hearing on Application. At least one public hearing shall be held on an application before a quorum of the commission at the time and place for which public notice has been given as required by this division. All testimony offered at a public hearing, together with the names and addresses of all persons testifying shall be recorded. Any such hearing may be continued; provided that, prior to the adjournment or recess thereof, the chairperson at such hearing shall announce the time and place to which such hearing will be continued.

D.

Findings and Order on Application. At the conclusion of a public hearing, the commission shall render its decision on the matter so heard. The commission shall approve an application if the commission finds the applicant meets the requirements of this division and the regulations adopted pursuant hereto. The commission shall announce and record its actions by formal resolution, and such resolution shall recite the findings of the commission upon which it bases its decision.

(Prior code § 92201.12)

92201.13 - Well interference dispute procedures.

A.

Petition on Well Interference. Any water user aggrieved by well interference or an impairment or infringement of the user's rights by the extractions or intentional artificial recharge of any other operator within the county, may file a petition with the commission for enforcement of this division or any regulation of the commission. The director may file a petition for enforcement with the commission upon determining that an extraction or intentional artificial recharge is or may infringe upon the rights of other water users and that the commission can resolve the matter.

B.

Notice of Hearing on Well Interference Dispute. The director shall fix the time and place of the public hearing on the petition. Not less than ten (10) days before the date of such hearing, notice of the date, time, and place of hearing, location of the properties affected, and the nature of the request shall be given by the director by:

1.

Mailing by certified mail, return receipt requested, postage pre-paid, a copy of the notice to the petitioner, unless the director is the petitioner;

Mailing by certified mail, return receipt requested, postage pre-paid, a copy of the notice to the owner of each property on which the petitioner alleges offending extraction facilities are located, at the address as shown on the latest equalized tax assessment roll of the county, and to the operators of each such extraction facility at the address shown on the registration of each such extraction facility.

C.

Hearing on Well Interference Dispute. At least one public hearing shall be held on a petition before a quorum of the commission at the time and place for which public notice has been given as required by this division. The petitioner shall present evidence at such hearing in support of the petition. If the petitioner fails to present evidence in support of the petition, the commission may deny the petition without further action. All testimony offered at a public hearing, together with the names and addresses of all persons testifying shall be recorded. Any such hearing may be continued; provided that, prior to the adjournment or recess thereof, the chairperson at such hearing shall announce the time and place to which such hearing will be continued.

D.

Findings and Order on Well Interference Dispute. At the conclusion of the public hearing, the commission shall render its decision on the matter so heard. The commission shall announce and record its actions and any orders the commission determines necessary to provide the petitioning water user with an adequate remedy. Any such order issued shall be in writing and shall recite the findings of the commission upon which the commission bases its decision.

(Prior code § 92201.13)

92201.14 - Enforcement hearing.

A.

Filing of Enforcement Complaint. The director may file a complaint with the commission against an alleged violator upon determining that there is reason to believe that this division or a regulation of the commission has been violated.

B.

Notice of Hearing on Enforcement Complaint. Upon the filing of a complaint with the commission, or upon an independent determination by the commission that this division or a regulation of the commission may have been violated, the commission shall provide notice of such allegations in writing to the alleged violator, specifying the section(s) of this division or the regulations of the commission alleged to have been violated, the approximate time of such violation, the approximate location of such violation, and the date, time and place of the commission hearing on such violation. The director shall set the date and time of the hearing on the violation, which hearing shall be not less than twenty (20) days after the service of the notice upon the alleged violator.

C.

Service of Notice of Hearing. The notice of hearing shall be personally served on the alleged violator in the manner prescribed for the service of criminal complaints in the Imperial County superior court. If the director is unable to complete service in this manner, he or she may serve the notice by mailing the notice to the

alleged violator, by certified mail, return receipt requested. If the alleged violator refuses certified mailing, the director may request the issuance of a warrant for the alleged violator's arrest from the Imperial County superior court.

D.

Hearing on Enforcement Complaint. At the date and time specified in the notice of hearing, the commission shall receive evidence on the complaint.

E.

Decision and Order on Enforcement Complaint. After receiving evidence, the commission shall determine whether the alleged violator has violated this division or a regulation of the commission, and shall make such orders, and assess such penalties as may be permitted by this division or a regulation of the commission.

(Prior code § 92201.14)

92201.15 - Fees for applications and petitions.

The commission, after notice to the public and hearing, may recommend to the board of supervisors a schedule of application and petition processing fees to be paid by applicants and petitioners upon filing an application for a permit or approval of a development project or a petition for a hearing on a well interference dispute. The board of supervisors shall, upon notice to the public and hearing, establish such processing and appeal fees as deemed appropriate.

(Prior code § 92201.15)

The planning and development services director of the county shall act as the director and shall perform all duties assigned by the planning commission.

(Ord. 1415 § 338, 2006)

92201.17 - Director to receive applications and petitions.

The director shall receive all applications and petitions submitted pursuant to this division. No petition or application shall be accepted by the director which does not meet the requirements of this division and the regulations of the commission. The director shall submit to the commission all accepted petitions and applications.

(Prior code § 92201.17)

92201.18 - Director's preparation of studies, investigations and reports.

The director shall make such studies, investigations and reports as may be requested by the commission. In addition, the director shall investigate any alleged or suspected violations of this division or the regulations of the commission.

(Prior code § 92201.18)

92201.19 - Director's enforcement authority.

If the director has reason to believe that this division or a regulation of the commission has been violated, the director may institute one or more of the following procedures, in addition to any other enforcement procedures:

A.

Issue a stop order;

B.

Issue a citation;

C.

Bring charges before the commission.

(Prior code § 92201.19)

92201.20 - Annual report.

The director shall if requested by the commission prepare annually a report on groundwater supplies and conditions in the county, including groundwater management objectives and a plan of implementation of those objectives.

(Prior code § 92201.20)

92201.21 - Interference with measuring device—False or fraudulent statements.

No person shall injure, alter, remove, reset, adjust, manipulate, obstruct, or in any manner interfere or tamper with, or procure, or cause, or direct any person to injure, alter, remove, reset, adjust, manipulate, obstruct, or in any manner interfere or tamper with, any water flow measuring device affixed to any facility as required by this division so as to cause the water flow measuring device improperly or inaccurately to measure and record water. No person shall, with intent to evade any provision or requirement of this division, file any false or fraudulent statement.

(Prior code § 92201.21)

Chapter 2 - GROUNDWATER EXTRACTION

92202.00 - Groundwater management activities.

If the commission determines that groundwater management activities may be necessary to improve and preserve the quality or quantity of groundwater resources within the county, the commission shall give notice to the public of and hold a hearing to receive evidence on the need for such activities and on the form and scope of the activities required. Upon conclusion of the hearing, the commission may recommend to the board of supervisors, any of the following:

A.

Acquisition, purchase, sale, exchange, conditioning, importation, recapture, conservation, reclamation or storage of water or water rights;

B.

Requirement of conservation practices and measures;

C.

Regulation of groundwater replenishment programs and recapture of supplemental groundwater resulting from such programs;

D.

Determination of the amount of groundwater basin storage space available and allocation of groundwater basin storage space;

E.

Limitation or suspension of extractions from extraction facilities, the construction of new extraction facilities, the expansion of existing facilities, or the reactivation of abandoned or closed extraction facilities.

(Prior code § 92202.00)

The Imperial irrigation district shall not be required to comply with the permit requirements of this division and shall be entitled to extract groundwater, under the following specific conditions:

A.

Imperial Unit No. 1. The Imperial irrigation district shall not be required to comply with the permit requirements of this division for any of its authorized activities as a district within the Imperial irrigation district boundary known as the Imperial Unit No. l in effect as of July 1, 1988. This boundary shall also include any area within one mile east of the East Highline Canal as the canal exists as of July 1, 1996, and one mile west of the West Side Main Canal as that canal exists as of July 1, 1996.

B.

Water Seeping From The All American Canal. The Imperial irrigation district shall be allowed to extract the water seeping from the All American Canal. The Imperial irrigation district shall be allowed to extract such water only to the extent that the groundwater model shows that such water is still present in the groundwater basin for extraction. As referred to in this division, the "groundwater model" is that certain document accepted by the board of supervisors on February 2, 1996, entitled "The county of Imperial and Imperial Irrigation District County-wide Groundwater Model" and any modifications thereto as may be accepted by the board of supervisors.

C.

Recharge and Recovery. The Imperial irrigation district shall be allowed to develop, implement and operate artificial recharge facilities and extraction facilities for recovery of artificially recharged groundwater, within

any of its existing service boundaries, or within the East Mesa as such area is shown on the groundwater model/study, excluding the Ocotillo/Yuha Basin (Coyote sub-area) and the Borrego Basin (Borrego sub-area) as shown on the groundwater model. Such artificial recharge facilities and extraction facilities may not be operated in any basin whose water quality would be affected or deteriorated by such operations. The Imperial irrigation district shall only be allowed to operate such artificial recharge facilities and extraction facilities upon establishing that the operation of such facilities complies with the groundwater model, or such other groundwater management practices as may be approved by the commission after presentation by the Imperial irrigation district of technical data or information to the commission in support of such practices.

D.

All American Canal. The Imperial irrigation district shall be allowed to extract groundwater from the East Mesa, within one mile of the All American Canal, over and above the amounts set forth in subsection B of this section or under the following conditions:

1.

In the event that: (a) a third party, without being requested by and without the concurrence of the Imperial irrigation district, restricts or reduces the allocation of Colorado River water, and (b) the Imperial irrigation district is required to use groundwater as "makeup" water to meet its delivery requirements within the county, then the Imperial irrigation district shall be allowed to extract groundwater at a rate that will not place the basin(s) in overdraft, nor adversely affect other groundwater users. The Imperial irrigation district may, under extreme conditions of drought, if allowed by the commission, extract more groundwater than the available supply, even if such extraction results in an overdraft, if the groundwater model shows that the basin would be recharged the following year.

2.

In the event that the demand by Imperial irrigation district for use of water within the county exceeds the Imperial irrigation district's present full allocation of Colorado River water, plus water otherwise still available to the Imperial irrigation district from the Colorado River, the Imperial irrigation district may be allowed by the commission to extract groundwater to meet such demand, provided that the basin is not in or does not become in overdraft.

3.

In the event of a natural disaster that causes an interruption of Colorado River water delivery, the Imperial irrigation district shall be allowed to extract at a rate reasonably necessary to meet its demands within Imperial Unit Number 1.

E.

Limitations. In no event shall the Imperial irrigation district be allowed to extract groundwater under subsection D of this section to replace water sold, transferred or lost from the Imperial irrigation district's allocations of Colorado River water by its own actions or with its consent or acquiescence. In no case shall the Imperial irrigation district be allowed to extract groundwater under subsection D of this section if such extraction places the affected basin(s) into an overdraft other than as provided for in subsection (D)(1) of this section. In no event shall the Imperial irrigation district be allowed to extract groundwater under this provision

for use outside of the county either by its own transfer or by agreement by the Imperial irrigation district with another person, district, city, county, state or company.

(Prior code § 92202.01)

92202.02 - Regulation of extraction facilities.

Extraction facilities within the county shall be registered with the director.

A.

Time for Registration of Existing Extraction Facilities. Extraction facilities existing on the effective date of the ordinance codified in this division shall be registered within one hundred and twenty (120) days of such effective date. Registration shall not be a substitute for compliance with other applicable statutes, ordinances, and regulations, including but not limited to building codes and zoning ordinances or the state of California Well Construction Standards.

B.

Time for Registration of New, Expanded or Reactivated Extraction Facilities. Any new extraction facility which is constructed, or existing extraction facility which is expanded to increased capacity, or reactivated after abandonment or closure, shall be registered prior to such construction, expansion, or reactivation.

C.

Form of Registration of Extraction Facility. Registration of extraction facilities shall be accomplished by filing a written registration with the director in a form prescribed by the commission.

D.

Revocation of Registration of Extraction Facility. In the event that an operator fails to comply with extraction statement filing requirements, or water flow measuring requirements, as required by this division, the director shall provide notice of such failure and the intent to revoke the registration, in writing by registered mail to the operator at the operator's last known address and to any owner of the property on which the extraction facilities are located, at the address as shown on the latest equalized tax assessment rolls of the county. The operator or owner shall have fifteen (15) days after the mailing of such notice to comply with such requirements. If the operator or owner thereafter fails to comply, the director may revoke the operator's registration. Notice of such revocation and of the right to appeal pursuant to Section 92209.01 shall be sent by the director in writing by registered mail to the operator at the operator's last known address and to any owner of the property on which the extraction facilities are located at the address as shown on the latest equalized tax assessment rolls of the county.

(Prior code § 92202.02)

Unless otherwise exempt, every extraction facility operator shall obtain a permit for each such extraction facility in accordance with this section.

A.

Time for Permitting of Existing Extraction Facilities. Extraction facilities otherwise legally existing on the effective date of the ordinance codified in this division, shall be exempt from the permitting requirements of this section, provided that the extraction facility has been registered pursuant to Section 92202.02(B) within one hundred and twenty (120) days of such effective date. All other extraction facilities existing on the effective date of said ordinance shall obtain a permit within one hundred and twenty (120) days of such effective date. A permit shall not be a substitute for compliance with other applicable statutes, ordinances, and regulations, including but not limited to building codes, zoning ordinances or the state of California Well Construction Standards.

B.

Time for Permitting New, Expanded or Reactivated Extraction Facilities. Except for replacement extraction facilities as defined below, any new extraction facility which is constructed, or existing extraction facility which is expanded to increased capacity, or reactivated after abandonment or closure, shall obtain a new or revised permit prior to such construction, expansion, or reactivation. A replacement of a legally existing extraction facility which has been closed within six months prior to the activation of the replacement extraction facility shall not be deemed to be a new extraction facility if the replacement extraction facility is within the same groundwater basin and its capacity is equal to or less than that of the closed extraction facility. Closure of the replaced extraction facility may be completed upon activation of the replacement extraction facility.

C.

Revocation of Extraction Facility Permit. In the event that an operator fails to comply with extraction statement filing requirements, or water flow measuring requirements, as required by this division, the director shall provide notice of such failure and the intent to revoke the permit. Such notice shall be in writing, and sent by registered mail to the operator at the operator's last known address and to any owner of the property on which the extraction facilities are located, at the address as shown on the latest equalized tax assessment rolls of the county. The operator or owner shall have fifteen (15) days after the mailing of such notice to comply with such requirements. If the operator or owner thereafter fail to comply, the director may revoke the operator's permit. Notice of such revocation and of the right to appeal pursuant to Section 92209.01 shall be sent by the director in writing by registered mail to the operator at the operator's last known address and to any owner of the property on which the extraction facilities are located at the address as shown on the latest equalized tax assessment rolls of the county.

(Prior code § 92202.03)

Each extraction facility operator shall install a water flow measuring device on each extraction facility the operator operates. The measuring device shall conform to specifications established by the commission. The director may require proof of the accuracy of any water flow measuring device installed pursuant to this division, in such manner and at such times as the commission shall prescribe. The cost of the acquisition, installation, maintenance and repair of the measuring device shall be paid by the operator. The commission may require that measuring devices be approved by the county. The operator shall maintain a record of the

water extracted. The commission may establish reasonable methods to be used in computing the amount of water extracted by extraction facilities in addition to, or in place of, water flow measuring devices.

(Prior code § 92202.04)

Unless otherwise exempt, every extraction facility operator shall, for each year during which the extraction facility is in existence and not closed, file an extraction statement for each extraction facility operated by the operator. Extraction statements shall be filed on or before the forty-fifth day following the anniversary day of the issuance of the extraction permit. The director, upon request of an operator made in writing prior to the filing date, and for good cause shown, may grant one thirty (30) day extension for the filing of any extraction statement.

(Prior code § 92202.05)

92202.06 - Notice of closure of extraction facility.

An operator closing an extraction facility shall, within thirty (30) days of such closure, provide written notice of such closure to the director. Thereafter, so long as the extraction facility shall remain closed, the extraction facility shall be exempt from all registration, permitting, reporting, and water flow measuring requirements of this division.

(Prior code § 92202.06)

After notice to the public and hearing, the commission may recommend to the board of supervisors, and the board of supervisors may, after notice to the public and hearing, adopt reasonable operating regulations on extraction facilities to minimize well interference.

(Prior code § 92202.07)

Chapter 3 - EXPORTATION

92203.00 - Exportation.

Exportation facilities within the county shall be registered with the director.

A.

Time for Registration of Existing Exportation Facilities. Exportation facilities existing on the effective date of the ordinance codified in this division shall be registered within one hundred and twenty (120) days of such effective date. Registration shall not be a substitute for compliance with other applicable statutes, ordinances, and regulations, including but not limited to building codes and zoning ordinances or the state of California Well Construction Standards.

B.

Time for Registration of New, Expanded or Reactivated Exportation Facilities. The operator of any new exportation facility which is constructed, or existing exportation facility which is expanded to increased capacity, or reactivated after abandonment or closure, shall be registered prior to such construction, expansion, or reactivation.

C.

Form of Registration of Exportation Facility. Registration of exportation facilities shall be accomplished by filing a written registration with the director in a form prescribed by the commission.

D.

Revocation of Registration of Exportation Facility. In the event that an operator fails to comply with exportation statement filing requirements, or water flow measuring requirements, as required by this division, the director shall provide notice of such failure and the intent to revoke the registration, in writing by registered mail to the operator at the operator's last known address and to any owner of the property on which the extraction facilities are located, at the address as shown on the latest equalized tax assessment rolls of the county. The operator or owner shall have fifteen (15) days after the mailing of such notice to comply with such requirements. If the operator or owner thereafter fails to comply, the director may revoke the operator's registration. Notice of such revocation and of the right to appeal pursuant to Section 92209.01 shall be sent by the director in writing by registered mail to the operator at the operator's last known address and to any owner of the property on which the extraction facilities are located at the address as shown on the latest equalized tax assessment rolls of the county.

(Prior code § 92203.00)

Unless otherwise exempt, no groundwater shall be exported from the county or from the groundwater basin from which the groundwater is derived unless the operator of the exportation facility has applied for and obtained a permit which establishes the quantity of groundwater which may be exported and the conditions on such exportation. Notwithstanding any conditions specified in the permit, operators of exportation facilities shall be subject to the provisions of Section 92204.00.

A.

Time for Permitting Existing Facilities. Exportation facilities otherwise legally existing on the effective date of the ordinance codified in this division, shall be exempt from the permitting requirements of this section, provided that the exportation facility has been registered pursuant to Section 92203.00(A) within one hundred and twenty (120) days of such effective date. The operators of all other exportation facilities existing on the effective date of said ordinance shall obtain a permit within one hundred and twenty (120) days of such effective date. A permit shall not be a substitute for compliance with other applicable statutes, ordinances, and regulations, including but not limited to building codes, zoning ordinances or the state of California Well Construction Standards.

B.

Time for Permitting New, Expanded or Reactivated Exportation Facilities. Except for replacement exportation facilities as defined below, the operator of any new exportation facility which is constructed, or existing exportation facility which is expanded, to increased capacity or reactivated after abandonment or closure, shall obtain a new or revised permit prior to such construction, expansion, or reactivation. A replacement of a legally existing exportation facility which has been closed within six months prior to the activation of the replacement exportation facility, shall not be deemed to be a new exportation facility if the replacement exportation facility is within the same groundwater basin and its capacity is equal or less than that of the

closed exportation facility. Closure of the replaced exportation facility may be completed upon activation of the replacement exportation facility.

C.

Revocation of Exportation Permit. In the event that an operator fails to comply with exportation statement or extraction statement filing requirements, or water flow measuring requirements, as required by this division, the director shall provide notice of such failure and intent to revoke the permit, in writing by registered mail to the operator at the operator's last known address and to any owner of the property on which the exportation facilities are located, at the address as shown on the latest equalized tax assessment rolls of the county. The operator or owner will have fifteen (15) days after the mailing of such notice to comply with such

f such failure and intent to revoke the permit, in writing by registered mail to the operator at the operator's last known address and to any owner of the property on which the exportation facilities are located, at the address as shown on the latest equalized tax assessment rolls of the county. The operator or owner will have fifteen (15) days after the mailing of such notice to comply with such

requirements. If the operator or owner thereafter fail to comply, the director may revoke the operator's permit. Notice of such revocation and of the right to appeal pursuant to Section 92209.01 shall be sent by the director in writing by registered mail to the operator at the operator's last known address and to any owner of the property on which the extraction facilities are located at the address as shown on the latest equalized tax assessment rolls of the county.

(Prior code § 92203.01)

The commission shall not issue any permit to export water from the county or from the groundwater basin from which the groundwater is derived unless the applicant has established that there is an available supply in excess of the amount currently required for reasonable and beneficial uses within the county, and the commission determines that such export, if permitted, would not adversely affect the rights of groundwater

users within the county or the groundwater basin from which the groundwater is derived. The commission shall issue permits for export for such time periods and under such other terms and conditions, including the right to reduce or suspend exports, as the commission determines appropriate.

(Prior code § 92203.02)

Each exportation facility operator shall install a water flow measuring device on each exportation facility the operator operates. The measuring device shall conform to specifications established by the commission. The operator shall maintain a record of exportation. The commission may establish alternative reasonable methods to be used in computing the amount of water exported by exportation facilities.

(Prior code § 92203.03)

Every exportation facility operator shall, for each calendar quarter during which the exportation facility is in existence and not closed, file an exportation statement in a form prescribed by the commission, for each such exportation facility operated by the operator. Exportation statements shall be filed on or before the last day of the month immediately following the end of the reporting quarter.

(Prior code § 92203.04)

An operator closing an exportation facility shall, within thirty (30) days of such closure, provide written notice to the director of such closure. Thereafter, so long as the exportation facility shall remain closed, the exportation facility shall be exempt from all permit, reporting, and water flow measuring requirements of this division.

(Prior code § 92203.05)

Chapter 4 - OVERDRAFT REGULATIONS

92204.00 - Priorities and factors.

A.

The board of supervisors, in enacting this division, intends to establish priority among groundwater uses as follows:

1.

First, to overlying domestic uses either: (a) legally existing on the effective date of the ordinance, codified in this division; or (b) developed thereafter on property zoned R-1 or R-2 on the effective date of said ordinance;

2.

Second, to historical county uses and CUP holding uses. "Historical county uses" are legally existing overlying groundwater uses and legally existing county off-basin groundwater uses, provided that such uses have extraction facilities and/or exportation facilities legally existing on the effective date of said ordinance. Such historical county uses shall have priority up to the extent of their maximum rate of use occurring within the thirty (30) years prior to the effective date of said ordinance, as established at the time of registration by competent evidence, subject to review by the director. Such maximum rate of use shall be limited to no more than the available supply which is available for such use as of the effective date of said ordinance, as established at the time of registration by competent evidence, subject to review by the director. "CUP holding uses" are groundwater uses subject to conditional use permit: (a) which has been approved on or before the effective date of said ordinance; (b) which specifically authorizes such groundwater use; and (c) under which groundwater has been used for the specific purpose authorized within one year preceding the effective date of said ordinance, unless such conditional use permit authorizes the commencement of groundwater use following the effective date of said ordinance. Such CUP holding uses shall have such priority up to the extent of groundwater extraction and/or exportation authorized in such conditional use permit;

3.

Third, to other overlying groundwater uses;

4.

Fourth, to other county off-basin groundwater uses;

Fifth, it is the intent of the board of supervisors to relegate exports from the county to a priority junior to the priority groundwater uses described in subsection (A)(1) through (4) of this section, irrespective of the time such export uses are commenced.

B.

It is further the intent of the board of supervisors to recognize that such priority groundwater uses have a prior right to groundwater within the county but, subject to such priority groundwater uses, to grant the commission the authority to consider the factors provided in Section 92204.02 and Section 92204.04, and the reasonable needs of other users in allocating the available supply of groundwater.

(Prior code § 92204.00)

92204.01 - Suspension or limitation of exportation on overdraft.

The commission shall, after notice to the public and a hearing which discloses competent evidence of overdraft in a groundwater basin, or threat of overdraft, reduce or suspend extraction and/or exportation by operators of exportation and/or extraction facilities from the groundwater basin or the county, excluding historical county uses as defined in Section 92204.00.

(Prior code § 92204.01)

92204.02 - Allocations of suspensions or limitations.

In the event the planning commission limits or suspends extraction and/or exportation by exporters from the groundwater basin or the county pursuant to this section, such limitations or suspensions shall be allocated primarily on the basis of the volume of water being exported by an individual operator of an exportation facility in proportion to the total volume of water being exported from the basin, or from the county if countywide limitations are being enforced. The planning commission may adjust any figure so arrived at up or down for any of the following factors:

A.

The type of use or uses served;

B.

The number of users served;

C.

Wasteful or inefficient use;

D.

Water conservation activities;

E.

Reasonable need;

F.

The quality of groundwater;

G.

Environmental impact;

H.

Any other factors that the planning commission reasonably believes it should consider in order to reach an equitable result among the water users.

(Ord. 1415 § 340, 2006)

92204.03 - Overdraft—County users—Limitation.

If the evidence produced at the hearing specified in Section 92204.01, or in any subsequent hearing, tends to show that reduction or suspension of exportation by exporters will be insufficient to eliminate existing or threatened conditions of overdraft in a groundwater basin, the commission may limit or suspend extractions by county users in the groundwater basin or the county. Any such limitation or suspension of extraction shall be done in the manner described in Section 92204.04.

(Prior code § 92204.03)

92204.04 - Allocation of available supply—Basis—Factors.

In the event that the planning commission limits or suspends extractions by county users in order to eliminate existing or threatened conditions of overdraft, rights to the use of the available supply of groundwater shall be allocated on the basis of the priorities established in Section 92204.00 (Overdraft; Priorities; Factors). The planning commission may adjust any such allocations based on any of the following factors:

A.

The type of use or uses served;

B.

The number of users served;

C.

Wasteful or inefficient use;

D.

Water conservation activities;

E.

Reasonable need;

F.

The quality of groundwater;

G.

The groundwater basin or sub-basins affected by the overdraft;

H.

Environmental impact;

I.

Any other factors that the planning commission reasonably believes it should consider in order to reach an equitable result within the entire county in accordance with the provisions of this division and of California Law.

(Ord. 1415 § 342, 2006)

92204.05 - Operator share of available supply—Permit limited to share—Increase—Time.

If the commission has imposed reductions on county users pursuant to this division, the commission shall grant an extraction facility permit, upon determining the operator's share of the available supply from the groundwater basin or sub-basin in the manner described in Section 92204.00. The commission may limit the operator's right to extract groundwater to such share and may postpone extraction for a period of up to twelve (12) months from the date of the permit. To the extent necessary, the commission shall adjust the authorized extractions by other groundwater users.

(Prior code § 92204.05)

92204.06 - Standing in overdraft hearing.

In any proceeding to determine evidence of overdraft or to limit, suspend, or allocate groundwater extraction or groundwater exportation, only persons that extract groundwater from the affected basin(s), or own land overlying the affected basin(s), shall be entitled to participate in such proceedings or any appeal from such proceedings.

(Prior code § 92204.06)

Chapter 5 - EXTRACTION AND EXPORTATION CHARGES

Extraction and exportation charges levied pursuant to this division are for the purpose of groundwater resource management. Extraction charges and exportation charges are authorized to be levied for the benefit of those who rely directly or indirectly upon the groundwater resources of the county. Uniform extraction charges are authorized to be levied upon the extraction of groundwater from all groundwater extraction facilities, except the extraction of water stored pursuant to a groundwater storage agreement, and except upon the use of supplemental water as an alternate source in lieu of groundwater. Uniform exportation

charges are authorized to be levied upon the exportation of groundwater through any groundwater exportation facility.

(Prior code § 92205.00)

After notice to the public and hearing, the commission shall recommend, on or before April 1st of each year, to the board of supervisors whether extraction and exportation charges are to be levied, and the amount of such charges. The board of supervisors shall, upon notice to the public and hearing, establish the amount of any such charges.

(Prior code § 92205.01)

92205.02 - Payment and collection.

All extraction and exportation charges authorized pursuant to this division shall be due and payable on a quarterly basis. Extraction charges shall be calculated on the basis of groundwater extraction statements required to be filed pursuant to this division or other similar reports. Exportation charges shall be calculated on the basis of groundwater exportation statements required to be filed pursuant to this division or other similar reports. The amount of any unpaid extraction charges or exportation charges, together with any penalty or interest thereon shall constitute a lien on the land on which the extraction facility or exportation facility is located as of the same time and in the same manner as does the tax lien securing ad valorem property taxes.

(Prior code § 92205.02)