Shasta County Municipal Code Ch. 18.09 Wasting Groundwater

The board of supervisors finds that the extraction and discharge of groundwater underlying Shasta County for the use in the cultivation of cannabis is in violation of Section 17.88.320 or Section 17.88.325 of this code:

A. Is inconsistent with Article X, Section 2, of the California Constitution and Section 100 of the California Water Code;

B. Constitutes the waste and/or unreasonable use of groundwater; and

C. Is hereby declared to be a public nuisance and a threat to the public health, safety, and welfare.

(Ord. No. 2021-05, § I, 11-16-2021)

A. No person or entity shall engage in the act of wasting or unreasonably using groundwater by extracting and discharging groundwater underlying Shasta County for use in cultivating cannabis in violation of Section 17.88.320 or Section 17.88.325 of this code.

B. No person or entity shall permit the existence of any public nuisances, as defined in this chapter, to exist on property in his or her ownership or possession and control.

C. No person shall knowingly use groundwater extracted in violation of this section.

D. For purposes of this chapter, the term "groundwater" shall have the same meaning as Section 18.08.020(I) of this code.

(Ord. No. 2021-05, § I, 11-16-2021)

A. As authorized by Government Code Section 25132, any person or entity violating any provision of this chapter of the Shasta County Code shall be guilty of a misdemeanor.

B. Violations of this chapter are unlawful and shall constitute a public nuisance and may be enforced and abated by the Shasta County Director of Environmental Health in accordance with Chapter 8.28 (Nuisances) of the Shasta County Code and by any other means available by law.

C. Any well used to extract groundwater in violation of this chapter shall also be considered to be operating in violation of Chapter 8.56 (Water Wells) of the Shasta County Code and may be abated, disabled, or otherwise destroyed by the Shasta County Director of Environmental Health in accordance with the procedures in Chapter 8.56 (Water Wells) of the Shasta County Code and by any other means available by law.

(Ord. No. 2021-05, § I, 11-16-2021)