Madera County Municipal Code Ch. 13.110 Large Scale Development Groundwater Balance

The purpose of this chapter is to establish a uniform methodology in which all large scale developments are to quantify, tabulate, and calculate a groundwater balance, and to establish a county-wide groundwater replenishment program.

(Ord. No. 573D, § 1 (Exh. A), 8-22-17).

This chapter shall be known and cited as "large scale development groundwater balance."

(Ord. No. 573D, § 1 (Exh. A), 8-22-17).

"Groundwater Balance" is defined as assuring that the quantity of water being extracted from a groundwater subbasin by or on behalf of a large scale development, minus water that is being recharged within the limits of a boundary of a large scale development into a groundwater subbasin, does not, on a per acre basis, exceed the per acre sustainable yield of the relevant sub-basin underlying the large scale development lands. Any large scale development that does not attain a groundwater balance will be required to participate in the County of Madera Groundwater Replenishment Program.

The intent of a groundwater balance is to ensure that all new large scale developments within the County of Madera have no long term adverse impact on the county's groundwater resources by contributing to or exacerbating groundwater overdraft. The intent of this chapter is to ensure that all new large scale developments within the County of Madera are fully implementing water conservation, reuse and recycling measures and that additional effort is made to capture and recharge storm water within the limits of a development.

"Sustainable Yield" is defined as the maximum quantity of water, calculated over a base period representative of long-term conditions in the basin and including any temporary surplus that can be withdrawn annually from a groundwater supply without causing an undesirable result, as defined by Water Code Sections 10721(w) and 10721(x). The sustainable yield for an applicable sub-basin shall be established from time to time by the county, based on studies available to the county. The sustainable yield shall be divided by the acres of land overlying the sub-basin area to determine the sustainable yield per acre.

(Ord. No. 573D, § 1 (Exh. A), 8-22-17).

This chapter applies to all large scale developments that are: Utilizing groundwater within the boundaries of sub-basins as designated by the California Department of Water Resources in Bulletin 118, as it may be modified from time to time; located in the unincorporated areas of the County subject to Water Code sections 10910 and 10912 (SB 610) and Government Code sections 65857.5 and 66473.7 (SB 221); and seeking discretionary entitlements, permits, or other development approvals from the county ("entitlements").

Large scale development means, any of the following:

A. A proposed residential development of more than five hundred dwelling units.

B. A proposed shopping center or business establishment employing more than one thousand persons or having more than five hundred thousand square feet of floor space.

C. A proposed commercial office building employing more than one thousand persons or having more than two hundred fifty thousand square feet of floor space.

D. A proposed hotel or motel, or both, having more than five hundred rooms.

E. A proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than one thousand persons, occupying more than forty acres of land, or having more than six hundred fifty thousand square feet of floor area.

F. A mixed-use project that includes one or more of the projects specified in this subdivision.

G. A project that would demand an amount of water equivalent to, or greater than, the amount of water required by a five hundred dwelling unit project.

Notwithstanding the foregoing, this chapter shall not apply to a large scale development where one or more entitlements to develop the large scale development are vested pursuant to applicable California law as of the effective date of this chapter, including but not limited to a large scale development included in a vested subdivision map, vested parcel map, or development agreement.

Nothing in this chapter shall be construed as altering in any way the County of Madera's rights and responsibilities as a groundwater sustainability agency ("GSA") under the Sustainable Groundwater Management Act ("SGMA"). To the extent that there would be any conflict between this Chapter and SGMA, including any groundwater sustainability plan ("GSP") adopted by a GSA within the county, the provisions of SGMA and the applicable GSP are controlling.

(Ord. No. 573D, § 1 (Exh. A), 8-22-17).

Large Scale developments not attaining groundwater balance will be required to participate in the County of Madera Groundwater Replenishment Program.

A Large scale development shall quantify, tabulate and calculate a groundwater balance and, in the event the development cannot demonstrate its water resources achieve groundwater balance, shall furnish appropriate fees for a county-wide groundwater replenishment program that may be used to fund the following:

A. Acquisition of surface water rights, contractual rights to surface water, and surface water supplies.

B. Development of and/or participation in groundwater recharge facilities.

C. Reconfiguration of existing storm water facilities for greater storage and recharge.

D. Enhancement of cooperative programs with local water management agencies and companies.

E. Development of more efficient water delivery systems, including without limitation programs intended to assist owners to replace or modify high water uses through such actions as installing alternative landscaping, sprinkler modifications, and replacement of old toilets and shower heads with low flow toilets and shower heads.

F. Groundwater level monitoring.

G. Groundwater management, planning and administrative costs.

H. Study, design and construction of water conveyance systems.

(Ord. No. 573D, § 1 (Exh. A), 8-22-17).

Entitlements for a large scale development that is subject to this chapter will be conditioned on compliance with this chapter. Compliance with this chapter does not guarantee the issuance of entitlements for such large scale developments, and the county reserves its discretionary authority regarding the approval, denial and conditioning of said entitlements.

Prior to the issuance of entitlements for a large scale development, the applicant for such entitlements shall demonstrate to the satisfaction of the county a groundwater balance for the development, or if such groundwater balance cannot be achieved, shall demonstrate how the groundwater replenishment program will address the large scale development's per acre-foot deficit in its groundwater balance. The county shall impose a groundwater replenishment fee on each potable water-consuming parcel within a large scale development if the large scale development cannot demonstrate its water resource achieves groundwater balance. The groundwater replenishment fee applicable to a large scale development may be imposed through either or both of the following mechanisms:

A. An occupancy fee collected upon issuance of final occupancy permit; and/or

B. A surcharge, collected by the large scale development's municipal water purveyor, on a monthly basis, as part of the water utility bills paid by water users within the large scale development.

The groundwater replenishment fees shall be scaled to address the large scale development's per acre-foot deficit in its groundwater balance. The agreement to impose the replenishment fees will (i) run with the land and binds all successors and assigns until such time as the portion of the fee collected upon issuance of final occupancy permit for a relevant parcel is paid, (ii) require that the owner(s) of all land included in a proposed large development will, upon connection to a municipal water system, pay the surcharge to the municipal water system determined by the agreement, and (iii) be readily enforceable by the county.

For purposes of determining the surcharge, groundwater quantification will be based on actual metered pumping volumes, as determined by the county in its sole discretion taking into consideration the groundwater replenishment fee and the goal of this chapter.

The groundwater replenishment fees shall be established at a sufficient amount so that on an average annual basis the groundwater replenishment fees paid by users on water consuming properties within a large scale development will be sufficient to acquire and recharge, or otherwise offset not less than the total groundwater balance deficit of the development.

The groundwater replenishment fees will be subject to annual adjustment to reflect and cover the actual costs of the groundwater acquisition, conveyance, recharge and recovery, as well as increases in the consumer price index and changes in the large scale developments determined groundwater balance deficit.

Revenues generated by groundwater replenishment fees will be used to develop and implement a groundwater replenishment program ("program"). The program may involve use of facilities owned by the county and/or facilities owned by other parties, including without limitation water agencies within the county, including a county GSA. The program will be coordinated with the GSAs within the county and will identify the most beneficial area to perform groundwater replenishment.

The groundwater replenishment fee and surcharge revenues will be promptly deposited by the collecting parties into a fund administered by the Madera County Department of Water and Natural Resources, which will be the responsible agent for the development and implementation of the groundwater replenishment program.

Where a large scale development overlies more than one subbasin, the groundwater balance determination shall be made separately for each subbasin and the amount of the groundwater replenishment fee shall be calculated separately for the lands within the large scale development overlying each subbasin.

(Ord. No. 573D, § 1 (Exh. A), 8-22-17).

Prior to granting any entitlements for a large scale development that is subject to this chapter, a licensed civil engineer or a hydrogeologist with adequate and demonstrative experience in establishing water balances and water resources, must establish the existence of a groundwater balance or the extent of any surplus or deficit in groundwater balance of the large scale development. The engineer or hydrogeologist must have a clear understanding of the development and shall calculate the water demand and the water recharge of the development. These initial calculations shall be demonstrated and substantiated in writing and verified by the county.

The methodology in calculating a large scale development's groundwater balance shall, at a minimum, evaluate the following:

A. Project's Demand Satisfied by Groundwater.

1. Determine the total, average annual water demand for the subject development, in accordance with the following:

a. Using generally accepted master planning water consumption factors, multiply the total acreage for each land use category by its associated water demand factors.

b. Reductions in water demand are allowed, provided that the development has a condition, covenant, or restriction (or other legal provision) which shall enforce for the provision of the stated reduction(s).

c. Examples of generally accepted reductions may consist of increased hard-scaping, dry-scaping, artificial turf, and xeriscaping.

2. The engineer or hydrogeologist must provide the necessary calculations that are shown to reduce typical water demands factors on a per acre basis.

3. Credit will not be given to any historical water usage on the large scale development as evidence of reduced water demand.

4. Determine what portion, if any, of the project's water demands are satisfied from sources other than extraction of groundwater. Use of surface water supplies and use of reclaimed water in accordance with applicable regulatory standards shall be accounted for.

B. Projects Total Recharge and Offsets.

1. Determine the amount of effluent generated by the large scale development that is percolated into the relevant subbasin.

2. Determine the storm drain and excess irrigation flows associated with the large scale development that is percolated into the relevant subbasin. In conducting such analysis the engineer or hydrogeologist shall:

a. Using data from the National Climate Data Center, determine the fifty-year average annual precipitation to fall within the project limits as well as any tributary area(s) that may be captured and detained by the development.

b. The capture and full retention of any such off site waters must first be allowed and/or permissible by the California Department of Water Resources and/or the regional water quality control board.

c. Conduct a runoff analysis of the development. The runoff analysis shall evaluate the runoff coefficients for each land use type and determine how much storm water will discharge into storm water basins, on an average annual basis, within the limits of the development. Increases in hard-scaping and xeriscaping will subsequently increase run-off coefficients.

d. Using the surface area of proposed storm water basins; estimate the total amount of recharge to occur within a typical average water year. Percolation testing conducted within the general area of such basins shall be used as a basis of the stated recharge rates.

e. Recharge in the impact area (including in-lieu recharge) outside the limits of the subject development developed for the benefit of the large scale development's ground water balance may also be taken into account.

3. Determine if any set aside credits are applicable to the large scale development. Set aside credits arise if the owner of the project has additional lands within the relevant subbasin that will not be developed, or has lands that have historically been farmed and will now be fallowed or dryland farmed. The engineer or hydrogeologist shall evaluate and include a value for offsite recharge. The provision of offsite recharge is conditioned that the owner has entered into an agreement that will ensure the termination of water uses from such lands.

4. Confirm the per-acre sustainable yield applicable to the large scale development.

(Ord. No. 573D, § 1 (Exh. A), 8-22-17).