Article III — PERMIT PROCESS

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)

by the Department. Concurrently, a request for environmental review shall be filed as required by applicable State and County environmental guidelines. At a minimum, a Permit application shall include the following:

(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)

the adoption of this chapter may be continued. Groundwater export may not be increased or transferred to another party, without complying with this chapter. In order to obtain an inventory of current groundwater exporters, all exporters, existing at the time of adoption of the ordinance codified in this chapter, shall complete a no fee permit and submit, at a minimum, the information required by Section 28-4.1(a)—(j).

(Ord. No. 2696, § 11, 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)

Zoning Ordinance with respect to public hearing, notice, permit issuance and appeal.

conjunction with the Director of Public works, or his/her designee, in the review of the application, technical

studies and environmental documentation.

(Ord. No. 2696, § 13, 8-17-2004)

application to the districts, cities and adjacent property owners within the County which have lands overlying or adjacent to the location of the extraction. The Director shall review the application to determine whether it is complete for purposes of proceeding under the County guidelines adopted pursuant to the California Environmental Quality Act requirements.

(Ord. No. 2696, § 12, 8-17-2004)

territory of the County in which a groundwater management plan has been adopted pursuant to the Groundwater Management Act, the Director shall consider a groundwater management plan or any other relevant information provided by the district or other local agency. Any interested person or agency may provide comments relevant to the matter of the extraction of groundwater. Comments shall be submitted within thirty (30) days of the mailing of the notice of permit application sent pursuant to Section 28-5.2.

(Ord. No. 2696, § 12, 8-17-2004)

Act and County guidelines. All costs of the environmental review shall be the responsibility of the applicant.

(Ord. No. 2696, § 12, 8-17-2004)

any written comments received, environmental documents, and the Directors recommendations, to the Commission.

(Ord. No. 2696, § 12, 8-17-2004)

accordance with Section 21-51.3, Lake County Zoning Ordinance.

(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)

of the permit when information exists that:

(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.

Director which alleges any of the above conditions and describes in detail the supporting facts for such request, which request shall be accompanied by the fees as established by the Board. In such event, the Director shall within ten (10) days of receipt of such request, give notice of the request for revocation to the Commission, the permittee, appellant, to any interested party who filed a written request for such notice within the past twelve (12) months, and also the districts and cities, within the County, which have boundaries overlying or immediately adjacent to the location of the Permitted extraction. Commission and Board reviews shall be held on the matter following the procedures set out in Sections 28.6 and 28.7, of this chapter. The recommendations and decision may be to deny the request for revocation, grant the request for revocation and terminate the permit, or to establish modified conditions to the permit.

The burden of proof is upon the person or entity

filing the request for revocation.

(Ord. No. 2457, § 1, 2-9-99)

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)