Kings County Municipal Code Art. VI Challenges to Approved Permits

(a) Any interested party may challenge the ongoing extraction of groundwater pursuant to an approved permit during the term of the permit based on allegations that one or more of the following circumstances exists:

(1) There has been or is an ongoing violation of one or more conditions of an approved permit;

(2) The extraction of groundwater pursuant to this chapter has caused or increased an overdraft in the basin; has adversely affected the long-term ability for storage or transmission of groundwater in the affected aquifer; exceeds the annual yield of the affected groundwater basin; operates to the injury of the reasonable and beneficial uses of overlying groundwater users; is in violation of Water Code section 1220; or results in an injury to a water replenishment, storage, or restoration project operating in accordance with statutory authorization; or

(3) The continued extraction of groundwater pursuant to a previously approved permit will be detrimental to the health, safety, and welfare of one or more affected local agencies or other interested parties.

(b) A challenge pursuant to this section shall be commenced by filing a written request with the county water agency on a form prescribed by the director. Such a challenge shall allege one or more of the circumstances specified by this section and shall generally describe facts in support of those alleged circumstances.

(c) The county water agency shall investigate the challenge to determine its validity.

(1) If after the investigation the director determines that the challenge is without merit, the director shall give written notice to the permittee and the challenger of the director's determination.

(2) If the director determines that the challenge is valid, the director shall, within 15 days of such determination give notice of the challenge to the clerk, the permittee, the appellant, all affected local agencies, and to any other interested party which has requested such notice. A board review shall be held on the matter following the procedures set out in section 14C-23. The board's decision may be to deny the challenge and leave the previously issued permit unchanged, to grant the challenge and terminate the permit, or to impose modified conditions to the permit, which the permittee shall be obligated to adhere to if continued extraction for export purposes is to occur, based on findings addressing the criteria specified in section 14C-24.

(d) The standard for review in any such challenge proceeding shall be substantial evidence. The burden of proof shall be upon the person or entity extracting the groundwater that is the subject of the challenge.

(Ord. No. 706, § 2, 11-29-22)