Imperial County Municipal Code Ch. 2 Groundwater Extraction

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)

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)

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)