Mono County Municipal Code Ch. 20.01 Groundwater Transfer

The board of supervisors finds and declares as follows:

A. Adequate supplies of water are vital to the economy of the county and the health and well-being of its citizens.

B. Substantial amounts of surface waters are being (and historically have been) exported from Mono County, with significant environmental and economic consequences.

C. The groundwater underlying Mono County has been and will continue to be an important source of water for the people and lands of Mono County for agricultural, domestic, municipal and other purposes.

D. Under California case law, water may be appropriated from a groundwater basin if the groundwater supply is surplus and exceeds the reasonable and beneficial needs of overlying users.

E. It is essential for purposes of land-use planning and regulation, as well as protection of the health, welfare and safety of the residents of Mono County, protection of the environment within Mono County, and the public benefit of the state, that groundwater resources of Mono County be protected from potential harm resulting from the extraction of groundwater for use on lands outside the basin from which the water is taken, particularly when those lands lay outside the boundaries of Mono County.

F. The state itself has recognized the importance of safeguarding and regulating the transfer of groundwater from basins within Mono County, as evidenced by the state legislature's creation in 1989 of the Mono County Tri-Valley Groundwater Management District (California Water Code, Appendix 128-1 et seq.), which is charged with regulating the extraction of groundwater from areas in Mono County generally referred to as Benton Valley, Hamill Valley, and Chalfant Valley.

G. California courts have recognized and upheld the ability of counties, through their police powers, to regulate groundwater extraction and transfer from basins within their boundaries. (See, e.g., Baldwin et al. v. Tehama County (1994) 31 Cal. App.4th 166).

H. The Mono County general plan already contains water policies, goals, and regulations affecting out-of-basin groundwater transfers within the county. (See Mono County General Plan, Conservation/Open-Space Element.)

I. Through its adoption of this chapter of the Mono County Code, the board of supervisors intends to ensure that the regulatory groundwater policies and permit process outlined in the general plan have the force of law.

J. The provisions of this chapter are consistent with the Mono County general plan.

(Ord. 98-02 § 1 (part), 1998.)

Terms used in this chapter have the following meanings:

A. "Basin" means an underground aquifer or the land immediately overlying such an aquifer.

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

C. "Groundwater extraction" means removal of groundwater by a well, a pump, or any other artificial means from an underground aquifer.

D. "Groundwater transfer" means the intentional transportation by a person of groundwater through any type or method of conveyance, including but not limited to pipes, ditches, canals, streams, rivers or motor vehicles.

E. "Hydrology" means the origin, distribution and circulation of water through precipitation, stream flow, infiltration, groundwater storage and evaporation.

F. "Overdraft" means the condition of a groundwater supply in which the amount of water extracted exceeds the amount of water replenishing the supply over a period of time and also the point at which extractions from the supply exceed its safe yield plus any temporary surplus.

G. "Person" means not only any natural person, but also any corporation, partnership, association, trust, municipality, or any other entity with legal existence under California law.

H. "Recharge" means flow to groundwater storage from precipitation, irrigation, infiltration from streams, spreading basins and other sources of water.

I. "Safe yield" means the maximum quantity of water which can be withdrawn annually from a groundwater supply under a given set of conditions without causing overdraft or adverse water quality conditions. Specifically, safe yield is the amount of water which can be withdrawn without having any of the following effects:

1. Exceeding in any calendar year the long-term mean annual water supply of the basin (considering all sources of recharge and withdrawal);

2. Lowering water levels so as to make further drilling of water wells uneconomical;

3. Causing water pumped from the basin to deteriorate below drinking water standards; or

4. Violating water rights or restrictions in pumpage or other form of extraction in the groundwater basin as established by a court adjudication or application of state or federal law.

J. "Spreading water" means discharging native or imported water to a permeable area for the purpose of allowing it to percolate to the zone of saturation. Spreading, artificial recharge and replenishment all refer to operations used to place water in a groundwater table.

K. "Water table" means the surface or level where groundwater is encountered in a well or in an aquifer.

(Ord. 98-02 § 1 (part), 1998.)

It is unlawful for any person to transfer groundwater extracted from a basin within the territorial boundaries of Mono County to another location outside of the basin from which that water was extracted without possessing at the time of such transfer a valid groundwater transfer permit issued in accordance with this chapter and the Mono County general plan. Violations of this section constitute a misdemeanor and a public nuisance which may, in addition to any other legal or equitable remedies available to the county, be prosecuted and/or enjoined.

(Ord. 98-02 § 1 (part), 1998.)

A. The Mono County planning commission shall possess the authority to issue groundwater transfer permits in accordance with the provisions of this chapter and the Mono County general plan. Applications for groundwater transfer permits shall be submitted to the Mono County planning department on forms developed by that department. Such application forms shall, at a minimum, solicit plans, specifications, studies and other information from applicants addressing the following: (a) the point of extraction; (b) the amount of extraction; and (c) the nature and location of conveyance facilities. Applications shall also, at a minimum, identify through reasonable scientific means the hydrologic or other physical characteristics and groundwater table of the aquifer from which the water is extracted and any other aquifers affected by the transfer. Applications shall also assess and analyze any potential adverse environmental impacts of the proposed groundwater transfer in accordance with the California Environmental Quality Act (CEQA). Among other things, such analysis and assessment shall:

1. Be funded by the applicant;

2. Be prepared by a qualified person under the direction of the Mono County planning department;

3. Delineate and define the nature of the aquifer from which the water will be transferred;

4. Define the safe yield of the aquifer;

5. Identify potential impacts to the aquifer that may result from the project; and

6. Propose project alternatives and mitigation measures.

Mitigation measures and associated monitoring programs shall be included in the application's plans and specifications and shall be made a condition of approval for the permit being sought. Adverse impacts associated with water transfer proposals shall be mitigated to a level of nonsignificance, unless a statement of overriding considerations is made through the CEQA process.

B. Applications for groundwater transfer permits shall be granted only after a duly noticed public hearing and only if the planning commission makes all of the following findings based on the evidence before it:

1. The application and any documentation submitted with it for purposes of complying with CEQA is complete and adequate.

2. The proposed transfer will not do any of the following: cause or increase an overdraft of the groundwater in the basin from which the water is extracted; adversely affect the long-term ability for storage or transmission of groundwaters within the aquifer; exceed the safe yield of the groundwater basin from which the water is extracted; or operate to the injury of the reasonable and beneficial uses (whether current or anticipated) of land and users overlying the groundwater basin from which the water is extracted.

3. The proposed transfer is consistent with the Mono County general plan and any applicable area or specific plans, as well as any applicable state or federal laws, orders of the State Water Resources Control Board, court decrees, or groundwater management plans.

4. The proposed transfer adequately protects water quality, in-stream flows, lake levels, and other water resources within the county.

5. Conditions of approval are placed on the permit so as to prohibit overdraft or other adverse conditions, to allow for observation or monitoring of permit compliance, and to otherwise protect the health, safety and welfare of the county's and basin's residents.

C. All permit applications shall be accompanied by a processing fee in an amount set by resolution of the board of supervisors not to exceed the county's direct and indirect costs of administering this chapter, along with any applicable fees for compliance with the California Environmental Quality Act (CEQA).

D. The decision of the planning commission is final unless timely appealed to the board of supervisors in compliance with Chapter 19.42 of this code.

(Ord. 98-02 § 1 (part), 1998.)

This chapter shall not apply to the following activities:

A. Any groundwater transfer already approved or adjudicated by the State Water Resources Control Board, the Tri-Valley Groundwater Management District, or by any state or federal court of competent jurisdiction, on or before the date the ordinance adopting this chapter takes effect;

B. Any groundwater transfer over which the county lacks the legal authority or jurisdiction to regulate, due to preemption or any other recognized legal basis;

C. Any groundwater transfer occurring solely within any incorporated area of the county, provided that the basin from which the water is extracted is located wholly within the incorporated area;

D. Any groundwater transfers occurring on or before January 1, 1998;

E. Any groundwater transfers occurring after January 1, 1998, if the nature and extent of such transfers have occurred on a regular, ongoing basis since at least January 1, 1997.

(Ord. 98-02 § 1 (part), 1998.)