Imperial County Municipal Code Ch. 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)

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)

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)

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;

4. 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;

2. 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)

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)

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)

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)

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;

2. 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)

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;

2. 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)

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)

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)

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)

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)

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)

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)

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)