Kings County Municipal Code Art. V Contents of Approved Use Permits

All approved permits shall be valid for a term not to exceed three water years from the date of issuance, as determined by the commission, and except as may be modified pursuant to this chapter. For the purpose of calculation, the water year in which the permit is granted shall not be counted in determining the three-year time period if less than four months remain in the current water year at the time of final permit approval. This section shall not restrict the commission from approving a permit for a period shorter than is permitted [above].

(Ord. No. 706, § 2, 11-29-22)

The commission shall impose appropriate conditions of approval on any permit issued as it deems necessary to promote or maintain the health, safety, and welfare of county residents. Conditions may include, but shall not be limited to, requirements for observation and/or monitoring wells. The commission may issue a permit only if the commission finds that the applicant will provide adequate mitigation to offset all adverse effects that would otherwise result from the proposed extraction.

(Ord. No. 706, § 2, 11-29-22)

(a) Nothing contained in this chapter, nor in the conditions of an issued permit, shall be construed as giving the permittee an exclusive right to groundwater extraction, nor as establishing a compensable right in the event the permit is subsequently terminated or modified following a challenge to the permit.

(b) This chapter and permits issued hereunder are to be construed and applied in harmony with existing law. No permit issued shall exempt, supersede, or replace any provisions of federal, state, or local laws and regulations, including but not limited to Water Code section 1220, SGMA, and any other statutes regulating state groundwater, well drilling and maintenance, or building permit requirements.

(Ord. No. 706, § 2, 11-29-22)