Imperial County Municipal Code Ch. 4 Overdraft Regulations

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;

5. 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)

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)

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)

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)

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)

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)

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)