San Benito County Municipal Code Art. I Groundwater Aquifer Protections

The Board of Supervisors of the County of San Benito finds and declares as follows.

(A) Imprudent operation of water wells, including, but not limited to, unfettered extraction of groundwater, especially for use on lands other than that from which the water is extracted, creates the potential of severe adverse environmental and economic impacts. The potential environmental and economic impacts of the withdrawal of groundwater and the introduction of imported groundwater into the aquifers threaten individuals, communities and the County of San Benito as a whole.

(B) There is no state system which provides for review of proposed extractions of groundwater for use on lands other than those from which the water is extracted. Therefore, proposed extractions are not subjected to scrutiny for adverse impacts on the persons or communities which may be, or would be, impacted by the extractions. Nor is there any requirement, except for projects subjected by San Benito County to CEQA review, which provides that person adversely affected by the proposed extractions shall be given actual or constructive notice of the proposed extractions and an opportunity to be heard respecting the proposals.

(C) Presently no state system exists under which such operation of wells are regulated in a meaningful manner. While Cal. Water Code §§ 1215 et seq. and §§ 10750 et seq. provide for the adoption, in limited situations of groundwater management plans by certain entities, they are not exclusive and are inadequate to address all of the concerns affecting the personal health and economic welfare of the residents of the County of San Benito.

(D) This chapter, in the judgment of the Board of Supervisors, is an appropriate exercise of the police power by the County of San Benito establishing:

(1) A permit requirement on conduct which consists of extracting groundwater from one parcel of land for use on another parcel or parcels of land not within the same sub-basin from which the groundwater is extracted or any other use that would export water that is not within the same sub-basin as described in the San Benito County Water District Annual Groundwater Report;

(2) A permit requirement on conduct which consists of injecting imported water into the groundwater basins and aquifers of San Benito County;

(3) Restrictions on the operation of wells in a manner which would, or could, adversely affect the operations of wells on adjoining property owned by others; and

(4) A system by which the Board of Supervisors can determine the availability of water resources and relative priority of new water uses for discretionary land uses, including projects approved prior to the effective date of the ordinance codified in this article, protect the safe yield of San Benito County water resources and promote the prudent and orderly economic development in unincorporated areas of the county and the welfare of San Benito County and its citizens.

(1966 Code, § 7C-1.00) (Ord. 664, § 1(part); Ord. 778, § 1(part); Ord. 921, § 1, 2013)

The following definitions apply to this article.

ADMINISTRATOR. The person to whom authority and responsibility for implementing and enforcing this article is delegated by the enforcing agency. The Administrator shall have the power to hold hearings, certify environmental review documents, issue, condition, revise and revoke permits and to designate deputies to assist in carrying out these duties.

CONJUNCTIVE USE or CONJUNCTIVE OPERATION. The coordinated operation of a groundwater basin and surface water supplies to artificially recharge a basin during rainy seasons or years of above-average precipitation so that groundwater can be withdrawn during dry seasons or years of below-average precipitation when surface supplies are less than normal. CONJUNCTIVE OPERATION also refers to meeting the needs of an area within the county through the coordinated use of groundwater during years when surface water is not available.

CULTURE or LAND USE. The use or land cover existing under natural conditions or as modified by humans.

DOMESTIC WATER SERVICE. A water distribution system for the provision of water exclusively to residential, commercial and related land uses, including, but not limited to, water used within a residence or commercial building and irrigation of landscaping, water distribution system used for the irrigation of non-commercial agriculture crops or a water distribution system providing water intended for use within the area of a subdivision with an approved tentative or final map.

DOMESTIC WATER WELL. A well devoted exclusively to the residential and related yard, garden and barnyard uses within the curtilage of a dwelling located on the same parcel of land as the served dwelling house or upon another parcel of land respecting which the owner of the served dwelling has a legally cognizable interest in the nature of real property. Such uses as recognized in this section do not include the growing of crops, or production of other agricultural commodities for commercial purposes.

ENFORCING AGENCY. San Benito County Water District, which is hereby appointed to be and shall be the enforcing agency, as that term is used in this article, and is delegated the authority of the county in implementing and enforcing this article. The ENFORCING AGENCY may appoint an Administrator, and the authority of the enforcing agency shall be exercised by its duly appointed Administrator, except as to such actions as are required to be taken by the Board of the enforcing agency, such as the hearing of appeals from the actions of the Administrator.

EXTRACT. To withdraw by physical process.

GROUNDWATER AQUIFER, CONFINED. A body of groundwater overlain by material sufficiently impervious to sever free hydraulic connection with overlying groundwater except at the intake.

GROUNDWATER, CONFINED. Water in the zone of saturation. GROUNDWATER is presumed to be percolating, although it may also occur in known and definite channels.

GROUNDWATER, FREE (UNCONFINED). Groundwater found in the zone of saturation whenever the upper surface of the zone forms a water table under atmospheric pressure, free to rise and fall with changes in volume of stored water.

HYDRAULIC GRADIENT. The slope of the groundwater table.

HYDROLOGY. The origin, distribution and circulation of water through precipitation, streamflow, infiltration, groundwater storage and evaporation.

IMPORTED WATER. Water transported into a watershed from a different watershed. Native water is water naturally within a watershed that is available to recharge the groundwater basin absent man-made improvements and projects.

INJECT. To place, put, force, or introduce into the underground by means of a well.

LEGAL LOT. Any legal lot recognized under the Subdivision Map Act as a valid parcel.

MINING. Extracting groundwater by any means, including pumping and the use of artesian wells, from any aquifer within the County of San Benito which, in contemplation of existing extractions of groundwater used beneficially upon lands overlying the aquifer within the county exceeds the reasonably foreseeable replenishment potential of the watershed’s native water.

OVERDRAFT. The condition of a groundwater basin where the amount of water withdrawn exceeds the amount of water replenishing the basin over a period of years that encompasses both dry and wet years. OVERDRAFT occurs at the point at which extractions from the basin exceed its safe yield plus any temporary surplus.

PERCOLATION. The movement of water through the soil to the groundwater table.

PERMEABILITY. The capability of soil or other geologic formation to transmit water.

PERSON. Any entity whether the entity is a natural person, a partnership of any form, a corporation, an unincorporated association or a governmental agency.

PIEZOMETRIC SURFACE. The surface to which the water in a confined aquifer will rise under atmospheric pressure.

POROSITY. The voids or open spaces in alluvium, other soils and rocks that can be filled with water.

POTABLE WATER. Water which meets the minimum drinking water standards, primary and secondary, as specified in Cal. Code of Regulations Title 22, Division 4, Chapter 15.

PUBLIC WATER SYSTEM. A water system operated to serve more than five domestic connections, including water systems operated by public agencies, including, without limitation, public utilities, county service areas, community services districts, municipalities and water districts.

RADIUS OF INFLUENCE. The radial distance from the center of a well bore to the point where there is no lowering of the water table or potentiometric surface (the edge of the well’s cone of depression).

RECHARGE. The flow to groundwater storage from precipitation, infiltration from streams, irrigation, spreading basins, and other sources of water.

SAFE YIELD. The maximum quantity of water which can be withdrawn annually from a groundwater supply under a given set of conditions without causing an undesirable result. The phrase “undesirable result” is intended to include water quality degradation, land subsidence and/or gradual lowering of the groundwater levels resulting in, or tending to result in, the eventual depletion of or the substantial diminution of the supply of available groundwater or its quality.

SALT WATER INTRUSION. The movement of salt water into fresh water aquifers.

SPECIFIC CAPACITY. The volume of water that can be pumped from a well in gallons per minute per foot of drawdown.

SPREADING WATER. The discharge of 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 use to place water in a groundwater basin.

TRANSMISSIVITY. The rate of flow of water through an aquifer.

USEABLE STORAGE. The quantity of groundwater of acceptable quality that can be economically withdrawn from storage.

VALID TENTATIVE MAP. Any parcel or tentative map which has not expired, which has been processed in accordance with the California Environmental Quality Act and the Subdivision Map Act and which has been approved by the appropriate decision-making body of the County of San Benito.

VALID USE PERMIT. Any discretionary land use permit which has not expired, which has been processed in accordance with the California Environmental Quality Act and which has been reviewed and approved by the appropriate decision- making body of the County of San Benito.

WATER TABLE. The surface where groundwater is encountered in a well in an unconfined aquifer.

ZONE OF SATURATION. The area below the water table in which the soil is completely saturated with groundwater.

(1966 Code, § 7C-1.10) (Ord. 664, § 1(part); Ord. 778, § 1(part))

It is unlawful to conduct any mining for water within this county, or for the owner of real property to allow groundwater of any nature, or connate water, to be mined from a well on the landowner’s property, where the water extracted is transported, by any means, from the County of San Benito.

(1966 Code, § 7C-1.20) (Ord. 664, § 1(part); Ord. 778, § 1(part))

(A) In the unincorporated areas of the county, it is unlawful to extract groundwater of any nature or description, or for a property owner to allow the extraction on his or her land, for the purpose of using the water or selling the water for any use on other than a parcel of land within the sub-basin as described in the SBCWD Annual Groundwater Report upon which the extraction occurs, provided such use does not exceed the safe yield of the sub-basin, without first obtaining a permit as provided in this subchapter.

(B) The supply and use of water in and for valid tentative maps and valid use permits which projects were required by condition to be served by such a public water system prior to the effective date of the ordinance codified in this article are conclusively presumed to be available, to have no adverse effect on the water supply and the wells of San Benito County, and to not exceed the safe yield of the water resources of San Benito County.

(1966 Code, § 7C-1.30) (Ord. 664, § 1(part); Ord. 778, § 1(part); Ord. 921, § 2, 2013)

(A) It is unlawful to inject native surface water or imported water of any nature or description or for a property owner to allow the injection, into a groundwater aquifer without first obtaining a permit as provided in this article.

(B) This provision does not apply to:

(1) The injection of potable water by a public agency operating a public water system where the quality of the water to be injected meets or exceeds the quality of the groundwater present within the storage medium as determined by the Administrator; or

(2) The historical groundwater percolation programs conducted by the San Benito County Water District or the Pacheco Pass Water District.

(1966 Code, § 7C-1.40) (Ord. 664, § 1(part); Ord. 778, § 1(part))

(A) An application for any permit required in this article shall be filed with the Administrator on forms provided by the Administrator and shall contain all information required by the Administrator. The application for permit and request for environmental review shall be accompanied by a fee established therefor by the enforcing agency and by written agreement to pay all costs of preparation of any required environmental review document. Upon receipt of the permit application, the Administrator shall provide public notice of the application and review the application with affected county departments including, but not limited to, the Agricultural Commissioner’s office and the Environmental Health Division of the Health and Human Services Agency and with any affected or appropriate county’s Water District. The Administrator shall hold a public hearing for the consideration of the application. The public hearing shall be noticed pursuant to Cal. Gov’t Code § 6061. The public hearing shall not be held within 15 days after the date that the Administrator mails a draft environmental review document to the applicant and posts notice of the availability of the document on the enforcing agency’s website.

(B) After holding the public hearing, reviewing the application, and certifying the adequacy of the environmental review documents thereof in accordance with the procedures required under the California Water Quality Act, the Administrator shall render a decision whether to issue the permit, and any conditions of such a permit. The Administrator shall prepare a written report specifying the basis of the decision. The Administrator shall mail a copy of the decision to the applicant and each person who has, in writing, requested a copy, and shall post a copy of the decision on the enforcing agency’s website.

(1966 Code, § 7C-1.60) (Ord. 778, § 1(part))

At the public hearing, the applicant shall be entitled to present any relevant evidence to the application. The Administrator may request any additional geologic studies he or she deems necessary to obtain information required for a decision on the application. The cost of the studies shall be borne by the applicant. The Administrator shall also hear relevant evidence presented by the public and county staff. The Administrator shall consider all effects the proposed permit would have on the affected groundwater, and the affected aquifer or aquifers.

(1966 Code, § 7C-1.70) (Ord. 664, § 1(part); Ord. 778, § 1(part))

(A) A permit mandated by this article to extract groundwater or to inject water into the groundwater shall be granted only when the Administrator, after considering all relevant evidence finds and determines that the activities sought to be permitted will not substantially impair the quality or quantity of the groundwater in San Benito County and that the activities are consistent with the San Benito County general plan.

(B) The Administrator shall impose such conditions upon the permit as may be necessary to mitigate or eliminate any impact on the quality or quantity of the groundwater, or the aquifers in San Benito County, or so as to protect the health, safety or welfare of the people of San Benito County. Notwithstanding the foregoing, the Administrator may issue a permit upon a finding either that the applicant has provided, or will provide, for mitigation which will substantially offset any adverse effect that is determined to exist, or that the well is to be used exclusively for agricultural purposes and the applicant has provided or will provide for mitigation which will offset any adverse effect that is determined to exist to the degree practicable given the totality of circumstances, provided that the agricultural well is the only feasible water source for applicant’s agricultural uses.

(1966 Code, § 7C-1.80) (Ord. 664, § 1(part); Ord. 778, § 1(part))

(A) Appellant; appeals body. Any interested party, including the applicant may appeal any decision of the Administrator to the Board of the enforcing agency.

(B) Time for appeal; application; fee; grounds. Any appeal shall be filed with the Clerk of the Board of the enforcing agency not later than 15 days after the challenged decision. The appeal shall be made on an application form approved by the enforcing agency and accompanied by the required fee. The specific grounds for the appeal shall be stated. Omitted grounds shall not be considered and the appellant’s failure to state a ground shall constitute a waiver of the right to subsequently raise the omitted ground.

(C) Hearing; evidence. The appeal shall be a public hearing. The hearing shall commence at the next available meeting date of the Board of the enforcing agency after filing the appeal. In no event shall the hearing commence later than 60 days after the filing of the appeal. The hearing may be continued from time to time at the discretion of the Board, but in no event shall the hearing be continued for more than 60 days, unless consented to by the permittee and the appellant, if other than the permittee. The enforcing agency’s Board may act to reverse or modify the decision of the Administrator if it finds that the decision is not supported by substantial evidence in the record.

(D) Basis of decision. The Board of the enforcing agency shall state the basis for its decision. If the Board acts to reverse or modify the Administrator’s decision, it shall state the nature of the error requiring the reversal or modification.

(E) Notice of appeal. The notice of appeal also shall be given to permittee owner if the permittee is not the appellant. In all cases, a notice of appeal shall be published in a newspaper of general circulation at least ten days in advance of the commencement of the hearing.

(1966 Code, § 7C-1.90) (Ord. 664, § 1(part); Ord. 778, § 1(part))

Any initial decision made by the Administrator under this article is not final until the later date of either:

(A) The expiration of the time for filing of an appeal, if no appeal is filed; or

(B) The date a final decision is made by the agency’s board upon appeal, if an appeal is filed.

(1966 Code, § 7C-2.00) (Ord. 664, § 1(part); Ord. 778, § 1(part))

The permit granted pursuant to this article shall be subject to an annual review. In the event the Administrator determines that there is a substantially likelihood that the permittee has failed to comply with the terms, conditions or scope of the permit or that there is compelling public necessity for modification or revocation of the permit, the Administrator shall schedule and hold a public hearing to consider the modification or revocation of the permit. A compelling public necessity exists when the activities pursuant to the permit constitute a public nuisance or when continued operation under the permit poses a threat to groundwater quality, land subsidence or interference with groundwater availability to overlying landowners. The procedures for the public hearing for the consideration of an application for a permit, such as publication of reports and the like, shall apply to any public hearing for revocation or modification.

(1966 Code, § 7C-2.10) (Ord. 664, § 1(part); Ord. 778, § 1(part))

Representatives of the enforcement agency shall have the right to enter upon any premises at all reasonable times to make inspections and tests for the purpose of enforcement and administration of this article. If any such premises are occupied, the representative shall first present proper credentials and demand entry. If the same is unoccupied, he or she shall first make a reasonable effort to locate the owner or other person having charge or control of same and demand entry. If the entry is refused, he or she shall have recourse to the remedies as are provided by law to secure entry.

(1966 Code, § 7C-2.20) (Ord. 664, § 1(part); Ord. 778, § 1(part))

Notwithstanding the provisions of § 15.05.013 of this article, in the event of an emergency situation requiring immediate action with respect to a well, the enforcing agency shall have the authority to enter upon the premises on which a well is located and to take such action as is reasonably necessary to safeguard the health of the community and the quality of water in the groundwater basin.

(1966 Code, § 7C-2.30) (Ord. 664, § 1(part); Ord. 778, § 1(part))

(A) Violation of article; public nuisance. The violation of any provision of this article or of any provision of any franchise agreement authorized under this article is unlawful and is a public nuisance. The violation shall be abated, eliminated and enjoined as provided in Chapter 1.03 of this code.

(B) Administrator’s duties. It is the duty of the Administrator and his or her authorized representatives to enforce the provisions of this article; provided however, that its cost of enforcement against violators or abatement of nuisance under this article shall be reimbursed by the county upon the presentation of adequate documentation.

(C) Abatement of nuisance. In the event of violation of the provisions of this article exists, the Administrator may abate any condition resulting therefrom as a public nuisance.

(D) Violation of article; criminal. Any person, firm or corporation, whether by action of its principal agent, employee or otherwise, violating any provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1.03 of this code.

(E) Remedies cumulative. Except as otherwise provided by law, the remedies provided in this article are cumulative and not exclusive. Nothing in this article is intended, or shall be deemed or construed, to limit or impair the ability of the Administrator, the enforcing agency or any of its officers, agents or employees, or the county, or any of its officers, agents, or employees to take an administrative or judicial action, otherwise authorized by law, to abate any public nuisance. Chapter 1.03 of this code is hereby incorporated by reference as though its provisions were fully set forth herein.

(1966 Code, § 7C-2.40) (Ord. 664, § 1(part); Ord. 778, § 1(part))

This article shall apply to all surface water that is injected into the groundwater and to all groundwater in the County of San Benito, State of California.

(1966 Code, § 7C-2.50) (Ord. 664, § 1(part); Ord. 778, § 1(part))

Except as provided for herein, this article shall not be applicable to:

(A) Any well or the use of any well in operation before the effective date of the ordinance codified in this article;

(B) Any water supply source providing domestic water service to the first single-family residence on a legal lot of record; and

(C) The water supply for any development project for which a valid tentative map or a valid use permit exists on the effective date of the ordinance.

(1966 Code, § 7C-2.60) (Ord. 664, § 1(part); Ord. 778, § 1(part))