Lake County Municipal Code Art. III Permit Process

3.1 It shall be unlawful to extract more than one (1) acre foot per year of groundwater underlying the County, directly or indirectly, for use in any manner or form of that groundwater so extracted, outside County boundaries without first obtaining a permit as provided in this chapter. The extraction of groundwater to replace a surface water supply to be transferred for use outside County boundaries shall be considered an indirect extraction of groundwater for purposes of this section, which shall require a permit. This chapter shall not apply to the extraction of groundwater: (1) to prevent the flooding of lands, (2) to prevent the saturation of the root zone of farmland, or (3) for use on lands outside the County which are contiguous to and in the same ownership of lands within the County from which the groundwater is extracted, where such extraction quantities and the use are consistent with historical practices of the landowners. The applicant shall have the burden of supporting an assertion of such historical practice with competent evidence.

(Ord. No. 2457, § 1, 2-9-99; Ord. No. 2696, § 9, 8-17-2004)

(a) Applicant's name;

(b) Site address;

(c) Assessor's Parcel Number(s);

(d) Affected groundwater basin;

(e) Distance to nearest surface water (pond, lake, wetland, marsh, vernal pool, stream, etc.);

(f) Proposed use of exported groundwater;

(g) Destination of exported groundwater;

(h) Amount of groundwater to be exported in acre feet per year;

(i) Information prepared by a California licensed Hydro-geologist or Geotechnical Engineer demonstrating the proposed groundwater export project's affect on the aquifer(s) including, but not limited to: the hydraulic gradient, hydrology, percolation, permeability, piezometric surface, porosity, recharge, safe yield, specific capacity, spreading water, transmissivity, usable storage capacity, water table and zone of saturation.

(j) Additional information required by the Department.

The application for a permit and request for environmental review shall be accompanied by the fees which shall be established by the Board.

(Ord. No. 2696, § 10, 8-17-2004)

(a) The Department shall, within thirty (30) days of the receipt of an application, notify the applicant in writing of the completeness of the application. Failure of the Department to provide such notice shall be deemed to be acceptance of the application as complete.

(Ord. No. 2457, § 1, 2-9-99)

(Ord. No. 2457, § 1, 2-9-99; Ord. No. 2696, § 12, 8-17-2004)

Formal rules of evidence shall not apply to the public hearing of the application, but the hearing body may establish such rules as will enable the expeditious presentation of the matter and relevant information thereto. At the public hearing, the applicant shall be entitled to present any oral or documentary evidence relevant to the application, and the applicant shall have the burden of proof of establishing the facts necessary for the required findings by the Commission to grant the permit. The hearing body may request any additional information it deems necessary for its decision, the cost of which, if any, shall be borne by the applicant. The hearing body shall also hear relevant evidence presented by other interested persons and entities, the Director, other County staff, and the public. The hearing body shall consider all effects that the granting of the permit would have on the affected aquifer or aquifers including, but not limited to, the hydraulic gradient, hydrology, percolation, permeability, piezometric surface, porosity, recharge, safe yield, specific capacity, spreading water, transmissivity, usable storage capacity, water table and zone of saturation.

(Ord. No. 2457, § 1, 2-9-99)

The permit may only be granted if the Commission finds and determines that the extraction will not cause or increase an overdraft of the groundwater underlying the County, will not adversely affect the long-term ability for storage or transmission of groundwaters within the aquifer, will not (together with other extractions) exceed the safe yield of the groundwater underlying the County unless the safe yield is exceeded only by extractions in connection with a conjunctive use program approved by the Commission, will not otherwise operate to the injury of the reasonable and beneficial uses of overlying groundwater users, will not result in an injury to a water replenishment, storage, or restoration project operating in accordance with statutory authorization, or if the Commission finds that the applicant has provided for mitigation which will offset any adverse effect that is determined to exist. If the permit is granted, the Commission shall impose appropriate conditions upon the permit so as to prohibit overdraft or other adverse conditions, and may impose other conditions that it deems necessary for the health, safety and welfare of the people of the County. Other conditions in the permit may include, but are not limited to, requirements for observation and/or monitoring wells.

(Ord. No. 2457, § 1, 2-9-99; Ord. No. 2696, § 14, 8-17-2004)

Reapplication for a permit which has been denied by the Commission may not be filed with the Director until the following water year and must be accompanied with information that demonstrates a significant change in conditions in the groundwater and/or change in the proposed extraction.

(Ord. No. 2457, § 1, 2-9-99)

(a) Any applicant who, after having made a resubmittal in response to the Department's previous determination of incompleteness, is not satisfied with the Department's written determination that the resubmittal does not constitute a complete application, may, within seven (7) calendar days of the date of the Department's determination, file an administrative appeal in writing of said determination with the Commission. Said appeal shall set forth the specific reasons the applicant is dissatisfied with the determination of the Department.

(b) Upon receipt of such appeal and any required fee, the Department shall set the matter for hearing before the Commission. The Department shall submit a report to the Commission, setting forth its reasons for the determination of incompleteness. At the hearing, the Commission shall hear such argument and evidence as the applicant, the Department or other persons may present.

(c) Upon conclusion of the hearing, the Commission shall, within fifteen (15) calendar days of the close of the hearing, make a final written determination. The applicant and the Commission may mutually agree to an extension of time for the Commission to make its final written determination.

(Ord. No. 2457, § 1, 2-9-99)

(a) There is a violation of the conditions of the permit, or

(b) The permit was not issued in accordance with the procedural requirements of this chapter, or

(c) Extraction of groundwater pursuant to the permit:

(1) Causes or increases an overdraft in the basin, or

(2) Brings about or degrades water quality, or

(3) Adversely affects the long-term ability for storage or transmission of groundwaters, or

(4) Exceeds the safe yield of the groundwaters, or

(5) Operates to the injury of the reasonable and beneficial uses of affected water users, or

(6) Results in an injury to a water replenishment, storage, or restoration project operating in accordance with statutory authorization.

All permits shall be valid for a term set by the Commission, not to exceed five (5) years from the date of the issuance of the permit, or, if the permit is for extraction as part of a conjunctive use program that has been approved by the Commission, the permit shall not exceed the length of the term of the program. Provided, however, nothing contained in this ordinance nor in the conditions of the permit shall be construed to give the permittee an exclusive right to groundwater or to establish a compensable right in the event that the permit is subsequently discontinued or modified by the Commission after a hearing on a request for revocation to the permit.

(Ord. No. 2457, § 1, 2-9-99)

The permit process of this chapter is not to be construed as a grant of any right or entitlement but rather the permit evidences that the health, welfare, and safety of the residents of the County will not be harmed by the extraction and exportation of groundwater outside the County boundaries. The permit in no way exempts, supersedes, or replaces any other provisions of Federal, State, and (with approval of the Board) district or local laws and regulations and any actions provided for in California groundwater law, well drilling and maintenance or building permit requirements.

(Ord. No. 2457, § 1, 2-9-99)