Kings County Municipal Code Art. III Exceptions to Permit Requirements

The party claiming that a permit is not required based on one or more of the exceptions provided for in this article shall have the burden of supporting its claim by a preponderance of the evidence.

(Ord. No. 706, § 2, 11-29-22)

This chapter shall not apply to the extraction of groundwater in the following circumstances:

(1) When necessary to prevent the flood of lands.

(2) When necessary to prevent saturation of the root zone of planted agricultural land.

(3) For use within the boundaries of a local agency located in part within the county and in part in another county where the extraction quantities and uses are consistent with the historical practices of the local agency.

(4) To boost heads for portions of local agency facilities, consistent with the historical practices of the local agency.

(5) For use on land outside the county which is contiguous to the land within the county from which the groundwater is extracted and under the same ownership, including leaseholds and other present possessory interests. Such export shall be limited to quantities and uses that are consistent with historical practices and shall not be used to benefit land more than ten miles beyond the point of extraction.

(6) During the period of an emergency declared pursuant to Government Code section 8558, when the extraction is:

a. Directly related to the reason or basis for the declaration of the emergency; and

b. Undertaken to prevent or mitigate injury to people, or the flooding or damaging of property.

(7) Extractions from within land owned by the United States government for its own benefit.

(8) Extraction from within land, title to which is held by the United States in trust for a federally recognized tribe, and made for the benefit of that tribe on such land.

(9) Exports of water that the county lacks the legal authority or jurisdiction to regulate. Overlapping or concurrent jurisdiction with another public agency, including a GSA, shall not on its own preempt County's legal authority to regulate absent additional considerations.

(Ord. No. 706, § 2, 11-29-22)

The following shall not constitute "export", as that term is defined in article I of this chapter:

(1) The transport by vehicle of potable bottled water for human consumption.

(2) The transport of water in the form of manufactured or processed goods or products, including agricultural products.

(3) Water in any fire engine, tender, or other firefighting vehicle or apparatus, stored in that vehicle or apparatus for the purpose of use in firefighting activities.

(Ord. No. 706, § 2, 11-29-22)