La Habra Municipal Code Ch. 13.31 Groundwater Extraction and Exportation

The following words and phrases shall have the following meanings when used in this chapter:

"Brea"

means the city of Brea.

"City"

means the city of La Habra.

"Extract"

means to pump groundwater from the La Habra Basin through any well within the boundaries of the city of La Habra.

"Export"

means to convey or transmit extracted groundwater for use directly or indirectly on parcels which are outside of the city boundaries. Export of extracted groundwater includes activities by which extracted groundwater may, through one or more exchanges or transactions, be directly or indirectly conveyed or transferred for use out of the city.

"Groundwater"

means water beneath the surface of the earth within the zone below the water table in which the soil is completely saturated with water, but does not include water that flows in known and definite channels.

"La Habra Basin"

shall mean that portion of groundwater Basin 8-1, the Orange County Coastal Basin, as depicted in California Department of Water Resources Bulletin 118, which underlays the city and Brea and which is hydrogeologically and jurisdictionally separate and distinct from the balance of Basin 8-1.

"Person"

means and includes natural persons, corporations, firms, partnerships, joint stock companies, associations and other organizations of persons, and public entities.

(Ord. 1767 § 2, 2016)

No person may extract and export groundwater from the portion of the La Habra Basin that underlies the city for use outside of the city boundaries. Violations of this section shall constitute a public nuisance.

(Ord. 1767 § 2, 2016)

A. No permit shall be issued to drill a water well according to Municipal Code Chapter 13.28 or 13.30 for purpose of extraction or exportation of groundwater.

B. No excavation permit shall be issued according to Municipal Code Section 12.12.020 for purposes of conveying or transmitting extraction or exportation of groundwater.

C. City code enforcement authorities are authorized to enforce compliance with this chapter according to Chapter 8.16 of this code.

(Ord. 1767 § 2, 2016; Ord. CC 2026-01, 4/6/2026)

This chapter is enacted in order to protect the health, welfare and safety of present and future residents of the city as authorized by Article XI, Section 7 of the California Constitution and to protect the water resources of the city for present and future beneficial uses within the city as authorized by Article X, Section 2 of the California Constitution.

(Ord. 1767 § 2, 2016)

The provisions of this chapter are hereby declared to be severable. If any section, subsection, sentence, clause, word, or phrase of this chapter is held to be unconstitutional or otherwise invalid for any reason, such decision shall not affect the validity of the remainder of this chapter. The city council hereby declares that they would have passed the ordinance codified in this chapter, and each section, subsection, sentence, clause, word or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, words, or phrases be declared invalid or unconstitutional.

(Ord. 1767 § 2, 2016)