Kings County Municipal Code Art. IV Procedure for Acquiring Use Permit

(a) An application for a use permit is to be filed with the county water agency. No application shall be considered complete that does not include all information specifically requested therein and any other information that may be requested by the county water agency to address specific aspects of the proposed groundwater export, including but not limited to:

(1) Location, maximum extraction rate, depth, and all other information required in the Water Well Drillers' Report of each well owned by the extractor, including observation and monitoring wells.

(2) Location, planned monthly extraction rate, and depth of each well proposed for operations.

(3) Delineation of the time periods within the applicable groundwater basin in which each well is proposed for operation.

(4) Description of the adverse environmental effects of the extraction, by individual well, groups of wells (if applicable), and by the extractor's entire operation.

(5) Description of any proposed or feasible uses designed to mitigate any adverse environmental effects of the extraction.

(6) Intended beneficial uses of the extracted groundwater and related surface supplies, by individual well, groups of wells (if applicable), and by the extractor's entire operation.

(7) Description by quantification and location of each end use of the needs of the extractor which the extraction is designed to meet.

(8) Description of alternatives available to the extractor to meet the needs for which the extraction is proposed, including any available types and amounts of water conservation.

(9) Description of proposed measures to ensure compliance with any applicable GSP.

(b) Concurrently, the applicant shall consent to the commencement and financing of environmental review as may be required by CEQA and applicable guidelines. The application for a permit and required environmental review shall be accompanied by the deposit of fees for these purposes, as shall be established by the board.

(Ord. No. 706, § 2, 11-29-22)

(a) Within 30 calendar days of filing of a complete permit application, which shall include all information and the deposit of fees required by section 14C-21, the director shall send notice to all local agencies within the County that have jurisdiction over lands overlying or adjacent to the location of the proposed extraction, and to any interested party who has made a written request to the Director for such notice within the last 12 calendar months, seeking written comments.

(b) The director shall review the application to determine whether it is complete and, if required, shall thereafter commence CEQA environmental review. Applicant shall be responsible for all costs associated with environmental review.

(c) The director may review the matter of the application with affected county departments, staff of the state department of water resources, staff of the Regional Water Quality Board—Central Valley Region, and any GSA or other interested local water agency within whose boundary the proposed activity is proposed to occur. Any interested person or agency may provide written comments relevant to the matter of the proposed extraction of groundwater, which shall be submitted within 30 days of the date of the notice of filing the permit application.

(d) Upon completion of the required environmental review the director shall forward the application, together with any written comments received, environmental documentation, and the director's recommendations, to the commission. Upon receipt of the director's recommendations, the commission shall hold a public hearing on each application. Notice of the public hearing shall be given as set forth in section 1903 of the county development code. Such hearing may not be held until at least 15 days after the time that the commission receives the recommendation from the director.

(Ord. No. 706, § 2, 11-29-22)

(a) Formal rules of evidence shall not apply in the commission's public hearing proceeding for the application, but the commission may establish such rules as will enable the expeditious presentation of the matter and receipt of relevant information thereto.

At the Commission's public hearing, which may be continued from time to time as determined appropriate by the commission, the commission shall review the application and other evidence submitted therewith and the director's report, and shall receive pertinent evidence from the applicant, members of the public, and interested parties, concerning the proposed extraction.

(b) The commission, in considering each permit application, shall consider all potential impacts the proposed export would have on the affected aquifer, including but not limited to:

(1) Potential hydraulic gradient.

(2) Hydrology.

(3) Percolation.

(4) Permeability.

(5) Piezometric surface.

(6) Porosity.

(7) Recharge.

(8) Annual yield.

(9) Specific capacity.

(10) Spreading waters.

(11) Transmissivity.

(12) Usable storage capacity.

(13) Water table.

(14) Zone of saturation impacts.

(c) The commission may request any additional information it deems necessary for its decision. The cost of such additional information shall be borne by the applicant.

(d) If the groundwater to be extracted is under the concurrent jurisdiction of a GSA, the commission may, but is not required to, rely on any findings, opinions, or decisions of the GSA.

(Ord. No. 706, § 2, 11-29-22)

(a) The permit may only be granted if there is a majority of the total membership of the commission present at the required public hearing, and at the conclusion of that hearing a majority of the total membership of the commission finds that the proposed groundwater extraction will not have significant detrimental impacts on the affected groundwater basin by determining that:

(1) The proposed extraction will not cause or increase an overdraft of the groundwater underlying the county without adequate mitigation;

(2) The proposed extraction will not adversely affect the long-term ability for storage or transmission of groundwater within the aquifer;

(3) The proposed extraction will not exceed the annual yield of the groundwater underlying the county and will not otherwise operate to the injury of the reasonable and beneficial uses of overlying groundwater users;

(4) The proposed extraction will not result in an injury to a water replenishment, storage or restoration project operating in accordance with statutory authorization;

(5) The proposed extraction is in compliance with Water Code sections 1810 and 1220, as well as any applicable GSP;

(6) The proposed extraction will not result in any undesirable results under SGMA; and

(7) The proposed extraction will not be otherwise detrimental to the health, safety and welfare of property owners overlying or in the vicinity of the proposed extraction site(s).

(b) If the commission determines that one or more of the findings required by this section cannot be made, upon considering the proposed export together with potential conditions of permit issuance, it shall deny the permit application. The basis for any such denial shall be reflected in the commission's official record of proceedings.

(c) The applicant shall be notified in writing of the commission's decision on the application, including the basis for denial where applicable, within 15 days of the commission's final action on the application.

(Ord. No. 706, § 2, 11-29-22)

(a) Any interested party or public entity may appeal the decision of the commission by filing a written request with the clerk within 15 days of issuance of the commission's decision. Any such appeal shall specifically set forth the procedural and substantive reasons for the appeal or be deemed incomplete and ineffectual. The board shall hear all appeals as to those disputed matters which were heard by the commission.

(b) Within 15 days after receiving an appeal, the clerk shall set a hearing not more than 30 days from receipt of the appeal. The clerk shall give written notice of the hearing to:

(1) The commission;

(2) The applicant;

(3) Any appellant other than the applicant;

(4) The county water agency;

(5) The districts and cities, within the county, which have lands overlying or immediately adjacent to the location of the proposed extraction of groundwater; and

(6) Interested parties who have requested notice of such appeals within the last 12 months.

(c) In any appeal taken under this section, the applicant shall have the burden of proving to the satisfaction of the board, that such extraction is either exempt from permit requirements pursuant to article III or will not have significant detrimental impacts based on the criteria set forth in subsection 14C-24(a).

(d) The appeal before the board shall not be conducted with formal rules of evidence but under such rules as set by the board for the expeditious presentation of the matter and relevant information pertaining thereto by the appellant and by those opposed to the reversal of the commission's decision. The decision of a majority of the board shall be the final decision in the matter.

(Ord. No. 706, § 2, 11-29-22)

(a) Within 15 days following the date of a decision by the commission on an extraction permit, the board, on its own motion, may initiate proceedings to review the decision of the commission. The board shall specify the reason(s) for its review. The review need not be limited to the issues and evidence raised before the commission.

(b) The clerk shall give notice of the time and place when the decision of the commission will be reviewed by the board of supervisors. Notice will be given in the same manner as provided in section 1903 of the county development code for notice of hearing on appeal.

(Ord. No. 706, § 2, 11-29-22)

Reapplication for a permit which has been denied by the commission or board may not be filed with the county water agency until the water year following the denial. For any such reapplication to be accepted as complete, and for it to be further reviewed in accordance with the procedures set forth in article IV, it must be accompanied by information that demonstrates a significant change in those circumstances which represented the factual basis for the previous permit application denial.

(Ord. No. 706, § 2, 11-29-22)