Oxnard Municipal Code Art. VI Water Rights and Wells

Before the city commits to provide water service to new lands or for an intensification of water use on old lands in the event of:

(A) Annexation of land into boundaries of the city;

(B) The subdivision of property as evidenced by the filing of a parcel map, tract map or other discretionary development approval;

(C) The application for a new water system connection pursuant to section 22-36 of this code; or

(D) The application for a new water service connection pursuant to section 22-37 of this code, the land owner requesting such water service for his/her property shall transfer or assign to the city any water rights, water wells, mains, easements, and water production equipment or facilities which may be appurtenant to such property or which may be used exclusively thereon as follows:

(1) Any and all applicable groundwater pumping allocations and/or credits attributable to the property to be served by the city and available from the Fox Canyon Groundwater Management Agency, shall be transferred to the city by the property owner. The property owner shall be responsible for all fees and charges necessary to obtain the approval of the transfer of pumping allocations and/or credits from the Fox Canyon Groundwater Management Agency to the city;

(2) However, when the water rights and appurtenant facilities as described in this section are used to supply water to land which will not concurrently be supplied with water service from the city, such water rights and appurtenant facilities may continue to supply the lands not receiving city water service until such time and upon such terms and conditions as the public works director may establish.

(`64 Code, Sec. 33-67) (Ord. No. 1009, 2502)

(A) The drilling, digging, sinking or deepening into another aquifer of any water well within the city or the tapping or penetrating of any subterranean water bearing gravel underlying the city, by other than the water division, is prohibited unless a permit to do same is first obtained from the city council. Any person may apply for such permit upon payment to the water division of an application fee of $1,000 and the filing of a verified application setting forth:

(1) The design and specifications for the proposed well;

(2) A map showing its proposed locations;

(3) A statement showing the aquifer into which the applicant proposes to drill the well;

(4) A statement of the exact circumstances under which the water superintendent believes that the water division is unable to furnish the required water service; and

(5) A statement that the overdraft on the Oxnard Zone Aquifer and the Fox Canyon Aquifer, which overdrafts are existing as of the effective date of this chapter, no longer exists and that such aquifers are being replenished to the same extent as they are being depleted.

(B) Such application fee shall be used to investigate the statements of the applicant and shall not be refundable. The city council shall hold a public hearing on such application within 30 days following its receipt. The city clerk shall mail written notice of time, date and place of such hearing to the applicant, such mailing to be accomplished not less than ten days prior to the date hereof. At the hearing, the applicant and other interested parties may present sworn testimony pertaining to the application. In order to obtain additional information, the city council may continue the hearing from time to time. The city council may disapprove the application unless the city council is satisfied in its discretion that drilling of the well and the operation thereof will not deplete or contaminate the city water supply. If the city council grants a permit for the well, the council may impose thereon reasonable conditions to prevent depletion and contamination of the city water supply and to protect the public health, safety and general welfare, including but not limited to a prohibition against operation of the well during periods when an overdraft of the abovementioned aquifers exists.

(`64 Code, Sec. 33-67) (Ord. No. 1009)