Chapter 6 — ARTIFICIAL RECHARGE STANDARDS

The commission may, after notice to the public and hearing, establish standards for artificial recharge.

(Prior code § 92206.00)

92206.01 - Facility operation—Permits.

Every operator of an artificial recharge facility within the county shall obtain a permit to operate each such facility.

A.

Existing Facilities. The operators of an artificial recharge facility existing on the effective date of the ordinance codified in this division shall obtain a permit within one hundred 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.

New, Expanded or Reactivated Facilities. The operator of any new artificial recharge facility which is constructed, or existing artificial recharge 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.

C.

Application. Applications for permits to operate artificial recharge facilities shall be made and decided in accordance with Section 92201.12.

D.

Revocation. In the event that an operator fails to comply with artificial recharge 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 artificial recharge 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 artificial recharge facilities are located at the address as shown on the latest equalized tax assessment rolls of the county.

(Prior code § 92206.01)

Each artificial recharge facility operator shall install an artificial recharge measuring device on the operator's artificial recharge facility. The measuring device shall conform to specifications established by the commission. The commission or the director may require proof of the accuracy of any measuring device installed pursuant to this division, in such manner and at such times as the commission shall prescribe. The commission may establish alternative reasonable methods to be used in computing the amount of artificial recharge.

(Prior code § 92206.02)

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

(Prior code § 92206.03)

92206.04 - Closure.

An operator closing an artificial recharge facility shall, within thirty (30) days of such closure, provide notice to the commission of such closure, in a form prescribed by the commission. Thereafter, so long as the artificial recharge facility shall remain closed, the artificial recharge facility shall be exempt from all permit, reporting, and measuring requirements of this division.

(Prior code § 92206.04)

Chapter 7 - DEVELOPMENT PROJECTS

Any person seeking approval from an agency having land use jurisdiction of a development project proposed to be located wholly or in part within the county, and which proposes to extract groundwater for service of water shall, at the time of filing an application with such local agency, file with the director documents describing the proposed sources of water, the amount of water required, the amounts of groundwater previously used on the property proposed to be developed, the available supply of groundwater and such other information as the director may reasonably require.

(Prior code § 92207.00)

92207.01 - Determination of availability of sufficient groundwater for project—Allocations—Adjustment factors.

A.

The director shall determine whether sufficient groundwater is available for the proposed use by a development project based on the projected use of groundwater by the project. The director shall find that sufficient groundwater is available for use by a development project upon demonstration to the director's satisfaction by the person seeking approval of the development project that the development project will not use more water than is found to be available pursuant to subsection B of this section.

B.

In determining whether sufficient groundwater is available for a development project, whether located on overlying or off-basin lands, the director shall take into account that groundwater is to be allocated on the basis of the priorities established in Section 92204.00, but that such allocation may be adjusted on the basis of any of the following factors:

1.

The type of use or uses served;

2.

The number of users served;

3.

Wasteful or inefficient use;

Reasonable needs of water users within the county;

5.

Any possible reduction or suspension of exports which would allow groundwater use to take place;

6.

The quality of groundwater;

7.

Any other factors that the director reasonably believes it should consider in determining whether sufficient water will be available to the development project.

(Prior code § 92207.01)

92207.02 - Approval of project by agency—Denial.

A.

Notwithstanding any other provision of law, no agency having land use jurisdiction shall approve a proposed development project which proposes to use groundwater unless:

1.

The director has found that sufficient groundwater is available to the development project pursuant to Section 92207.01; or

2.

The agency having land use jurisdiction conditions their approval on the action by the director pursuant to Section 92207.01.

B.

If, pursuant to subsection (A)(2) of this section., an agency having land use jurisdiction conditionally approves a proposed development project, and if the director subsequently finds that sufficient groundwater is not available for the development project, the development project shall be deemed to be denied by the agency.

(Prior code § 92207.02)