Sierra County Municipal Code Ch. 8.17 Groundwater Protection

It is the purpose and intent of this chapter to regulate the extraction and exportation of groundwater within Sierra County, in order to protect this important natural resource from overdraft. It is also the intent of this chapter to preserve adequate quantities of groundwater for the use of the citizens of Sierra County as the county of origin. (Ord. 865, eff. 4/16/98)

The regulations contained in this chapter shall apply to all land within Sierra County except for the land that is within the city limits of any incorporated city. The regulations contained in this chapter shall not apply to land within Sierra County that is also within the boundaries of the Sierra Valley Groundwater Management District and/or land within the boundaries of the Long Valley Groundwater Management District, if either of the respective districts has adopted an ordinance for the regulation of the extraction and export of groundwater within their respective boundaries, that is at least as restrictive as the provisions of this chapter. (Ord. 865, eff. 4/16/98)

The following words and phrases as used in this title shall have the following meanings:

“Conjunctive use, conjunctive operation” means the coordinated operation of a groundwater basin and surface water supplies. One purpose in the management of the groundwater base is to allow recharge of a basin during years of above-average precipitation by relying on the use of surface sources so that groundwater can be withdrawn during years of below-average precipitation, when surface supplies are less than normal.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.

“Domestic water well” means 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.

“Exportation” means the transport of groundwater for use on property other than the parcel on which the well and/or spring, which is the source of the groundwater, is located, or on contiguous property thereto.

“Groundwater” means all water which is below the surface of the earth which is capable of being extracted and includes, but is not limited to, water occurring in a defined pool or aquifer.

“Hydraulic gradient” means the slope of the water table.

“Hydrology” means the origin, distribution, and circulation of water through precipitation, streamflow, infiltration, groundwater storage, and evaporation.

“Imported water” means water transported into a watershed from a different watershed. Native water is water naturally occurring within a watershed.

“Mining” means the extraction and exportation of groundwater by any means, including but not limited to the use of pumping or the collection of water flowing from springs, which, in contemplation of preexisting extractions of groundwater and the reasonably foreseeable beneficial uses to which groundwater from the aquifer could be made to lands overlying the aquifer within the county, exceeds the reasonably foreseeable replenishment potential of the watersheds based upon natural precipitation.

“Overdraft” means the condition of a groundwater basin where the amount of water extracted exceeds the amount of water replenishing the basin over a period of time (which for purposes of this chapter shall be an annual cycle) and includes, but is not limited to, the point at which extractions from the basin exceed its safe yield plus any temporary surplus.

“Percolation” means the movement of water through the soil.

“Permeability” means the capability of soil or other geologic formation to transmit water.

“Piezometric surface” means the surface to which the water in a confined aquifer will rise.

“Porosity” means the voids or open spaces in alluvium, other soils and/or rocks that can be filled with water.

“Recharge” means the flow of water into groundwater storage from precipitation, infiltration from streams, irrigation, spreading basins, and other sources of water.

“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 or an undesirable result. The phrase “undesirable result” is intended to refer to a lowering of the groundwater levels resulting in, or tending to result in, the eventual depletion of or the substantial diminution of the supply of water. Specifically, “safe yield” shall include, but not be limited to, an amount of water which can be withdrawn without:

1. Exceeding in any calendar year the long-term mean annual available 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;

4. Violating water fights or restrictions in pumpage in the groundwater basin as established by court adjudication or application of state or federal law;

5. Other observable environmental damage.

“Specific capacity” means the volume of water pumped from a well in gallons per minute per foot of drawdown.

“Spreading water” means the 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 basin.

“Transmissivity” means the rate of flow of water through an aquifer.

“Useable storage capacity” means the quantity of groundwater of acceptable quality that can be economically withdrawn from storage.

“Water table” means the distance below the surface where groundwater is encountered in a well in an unconfined aquifer. (Ord. 865, eff. 4/16/98)

It shall be unlawful for any person (including but not limited to any natural person, firm, corporation or entity) to mine groundwater within Sierra County, or for the owner of real property to allow groundwater of any nature to be mined, where the water extracted is exported, by any means, from Sierra County and/or is used on other than the parcel of land upon which the extraction occurs or upon contiguous parcels of land to the parcel on which the extraction occurs, without securing a permit from Sierra County in accordance with the provisions of this chapter. (Ord. 865, eff. 4/16/98)

It shall be unlawful to extract groundwater or for a property owner to allow such extraction on his land for the purpose of using the water or selling the water for use, on other than the parcel of land upon which the extraction occurs, or upon contiguous parcels of land, without first obtaining a permit as provided in this chapter. The provisions of this section and SCC 8.17.040 shall not apply to the extraction of water for the purposes of supplying a “public water system,” a “community water system,” a “noncommunity water system,” or “state small water system” as defined by the California Health and Safety Code, Division 5, Part 1, Chapter 7 (commencing with Cal. Health & Safety Code § 4010), serving property within Sierra County, or for emergency use in the fighting of fires. (Ord. 865, eff. 4/16/98)

An application for a permit required in this chapter shall be filed with the Sierra County Department of Public Works, on forms provided by said Department and shall contain all information required by such Department. Concurrently, a request for environmental review thereof shall also be filed. The application for permit and request for environmental review shall be accompanied by the fees established therefor by the County Board of Supervisors in the most recent fee resolution.

Upon receipt of the permit application, the department shall review the application with affected county departments including, but not limited to, the Agricultural Commissioner and Planning Department. Unless the department is already in possession of appropriate information, the department shall require or secure an independent analysis of the groundwater aquifer or other source of groundwater for the purpose of determining safe yield and whether the subject request will adversely affect the groundwater. The Department shall also review the application with the State Department of Water Resources and the Regional Water Quality Control Board. Upon receipt of the foregoing information, the department shall, in accordance with CEQA, require the preparation of a proposed environmental document, which generally will be either a negative declaration or an environmental impact report. After obtaining the comments of the affected county departments and the affected state agencies, and completion of the proposed environmental document, the department shall file a written report incorporating the observations and recommendations, if any, of the commenting agencies and departments, together with its recommendations, with the Board of Supervisors, with a copy to the applicant.

Upon receipt of such report, the Board of Supervisors shall set a public hearing on the proposed environmental document and the issuance of the permit. Said hearing shall be noticed pursuant to Cal. Gov’t Code § 6061 and said hearing may not be held within 15 days of the time that the Board of Supervisors receives the report from the department. (Ord. 865, eff. 4/16/98)

A. At said hearing, the Board shall first consider the proposed environmental document and determine if the document complies with the requirements of CEQA. If revisions or further information is required or a different and/or more detailed environmental document is required, the Board may require the applicant to provide such information or documents. Such action may include, but not be limited to, a request for any additional geologic studies the Board deems necessary to obtain information required for its decision. The Board shall make such orders as appropriate regarding the environmental document and shall defer hearing on the issuance of the permit until the environmental review is completed and an appropriate document is accepted and certified by the Board. The cost of the preparation of all studies and reports shall be borne by the applicant and shall be prepaid to the county. Failure to pay for the preparation of any study report or analysis required by the county shall constitute automatic grounds for the summary denial of any application.

B. Thereafter, at the hearing on the issuance of a permit, the applicant shall be entitled to present any relevant evidence to his application. The Board shall also hear relevant evidence presented by the public and county staff. The Board shall consider all effects the proposed permit would have on the affected groundwater, the affected aquifer or aquifers including, but not limited to, the hydraulic gradient, hydrology, percolation, permeability, piezometric surface, porosity, recharge, safe yield, specific capacity, spreading water, transmissivity, usable storage capacity, water table, and zone of saturation. (Ord. 865, eff. 4/16/98)

The permit referred to in this chapter may only be issued by the Board of Supervisors where the Board, after having reviewed the potential effects, finds and determines that the permit will not result in an overdraft, will not adversely affect transmissivity within the aquifer, will not adversely affect the water table and will not result in the mining of water. The decision of the Board of Supervisors shall be final. The Board shall impose such conditions upon the permit so as to prohibit overdraft, or any other negative impacts that the Board identifies, and may impose conditions including specifically, but not limited to, a requirement for observation and/or monitoring wells that it deems necessary for the health, safety and welfare of the people of Sierra County. Notwithstanding the foregoing, the Board may issue the permit if the Board finds that the applicant has provided for mitigation which will offset any adverse effect that is determined to exist. (Ord. 865, eff. 4/16/98)

The permit granted pursuant to this chapter shall be subject to an annual review by the county which, unless otherwise directed by the Board of Supervisors, will be conducted by county staff.

Annually, so at such other times as the county may request, each permittee shall be required to provide information and supporting documentation to the County Department of Public Works evidencing the amount of groundwater extracted from any parcel of land and from each individual well thereon, for property which includes a groundwater extraction permit issued under this chapter. This information shall, at a minimum, be provided in the form of daily logs and shall include any operational information, including but not limited to field reports, memorandum and other relevant information concerning the use and operation of the wells on the subject property and any contiguous property under common ownership. The Department of Public Works shall be entitled to reasonable inspection of any business records related to the extraction and/or exportation of any permitted well and property under this chapter. The cost of any such inspection shall be borne by the applicant. The reporting and inspection obligations set out herein shall be deemed to be conditions attached to the issuance of any permit and noncompliance may result in cancellation of a permit, any action for abatement and/or injunction relief or such other remedies and/or penalties as are provided by law for the violation of a county ordinance.

In the event the department determines or reasonably believes that an overdraft is occurring because of the conditions then existing, the permit may be amended by order of the department, to immediately decrease the amount of water allowed to be extracted. Said decision by the department may be appealed to the Board of Supervisors by the applicant and/or the property owner of the affected property (if different from the permittee).

The county reserves the right to and shall have full authority to cancel any permit whenever there is evidence that overdraft of the underlying aquifer is occurring or has occurred. A public hearing shall precede any action by the Board of Supervisors to cancel any permit and written notice thereof shall be given to the permittee and property owner of the affected property (if different from the permittee), 15 calendar days in advance of the hearing, at which time the permittee and/or property owner shall be entitled to present evidence on the question of whether an overdraft is occurring or has occurred. The sole question to be determined by the County Board of Supervisors shall be whether there is evidence of the overdraft of the underlying aquifer. (Ord. 865, eff. 4/16/98)

As a condition to the issuance of any permit for the mining of groundwater, the property owners and applicant (if different from the property owner) shall allow Sierra County officials, employees, contractors and/or agents to enter the property where the well or wells are located and all other places, property, enclosures and structures, for the purposes of making examinations and investigations to determine whether the provision of this chapter and any permit is being complied with. (Ord. 865, eff. 4/16/98)

A. Any person who violates any provision of this chapter, or the terms and/or conditions of any permit issued pursuant to this chapter, with intent to do so shall be guilty of a misdemeanor, punishable by fine not exceeding $1,000 per violation, or by imprisonment not exceeding six months, or by both such fine and imprisonment; and any person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any such violation is committed, continued, or permitted, and for each and every separate well with which any such violation is committed, continued, or permitted; and for each such subject violation of day or well, shall be subject to the same punishment as for original offense.

B. Violation of the provisions of this chapter shall also constitute a public nuisance which shall be subject to abatement in accordance with the laws of this state and any county ordinances. (Ord. 865, eff. 4/16/98)