Imperial County Municipal Code Ch. 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)

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;

4. 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)

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)