Article 3 — Permit Process

extracted.

It is unlawful for any person, firm, corporation, or governmental agency (except an agency of the United States, to the extent, if any, that federal law preempts this Chapter) to extract groundwater by any artificial means from any of the groundwater basins underlying the County, directly or indirectly, for use outside the basin from which it was extracted, without first obtaining a written permit as provided in this Chapter. This Chapter shall not apply to the extraction of groundwater:

(1)

For use within the District boundaries of a District which is in part located within County and in part in another County (or Counties) where such extraction quantities and use are consistent with historical practices of the District; or

(2)

For extractions to boost heads for portions of District facilities, consistent with historical practices of the District.

The applicant shall have the burden of supporting an assertion of an historical practice with competent evidence.

(§ I, Ord. 98-15, eff. August 14, 1998; § I, Ord. 01-16, eff. September 6, 2001)

(Ord. No. 20-20, § I, 12-1-2020)

An application for a permit shall be filed with the Director on forms provided by the Director and shall contain all information required by the Director. Concurrently, a request for environmental review shall be filed as required by applicable County guidelines. The application for a permit and request for environmental review shall be accompanied by the fees which shall be established from time to time by the

Board. The information the Director requires of an applicant must include, but is not limited to, the following:

(a)

Location, maximum extraction rate, depth and all other information required in the Water Well Drillers' Report (California Water Code, section 13751) of each well, including observation wells owned by the extractor;

(b)

Location, planned monthly extraction rate, and depth of each well proposed for operations;

(c)

Delineation of the time periods within the applicable groundwater basin in which each well is proposed for operation;

(d)

Description of the adverse environmental effects of the extraction, by individual well, groups of wells (if applicable), and by the extractor's entire operation's cumulative effects;

(e)

Description of any proposed or feasible uses designed to mitigate any adverse environmental effects of the extraction;

(f)

Intended beneficial uses of the extracted groundwater and related surface supplies, by individual well, groups of wells (if applicable), and by the extractor's entire operation;

(g)

Description by quantification and location of each end use of the needs of the extractor which the extraction is designed to meet;

(h)

Description of alternatives available to the extractor to meet the needs for which the extraction is proposed, including any available types and amounts of water conservation.

(§ I, Ord. 98-15, eff. August 14, 1998; § I, Ord. 01-16, eff. September 6, 2001)

(a)

Within ten (10) calendar days of filing of the permit application, or as soon thereafter as practicable, the Director shall publish notice in a newspaper of general circulation in Siskiyou County and post a notice on

the departmental public bulletin board that an application has been filed, shall send a copy of the notice to the Board of Supervisors, the Districts and Cities within the County and to any interested party who has made a written request to the Director for such notice within the last twelve (12) calendar months. The Director shall review the application to determine whether it is complete for purposes of proceeding under the County guidelines adopted pursuant to the California Environmental Quality Act requirements.

(b)

The Director may review the matter of the application with the affected County departments, with the staff of the State Department of Water Resources, with the staff of the Regional Water Quality Board - Central Valley and North Coast Regions, and with any interested local water agency within whose boundary the proposed activity will occur. If the applicant is applying to pump groundwater from a District, City, or the unincorporated territory in which a groundwater management plan has been adopted pursuant to the Groundwater Management Act, the Director shall consider a groundwater management plan or any other relevant information provided by the District, City, or other local agency. Any interested person or agency may provide comments relevant to the matter of the extraction of groundwater. Comments shall be submitted within forty-five (45) days of the date of mailing the notice of filing the permit application.

(c)

The environmental review shall be undertaken in accordance with the California Environmental Quality Act and County guidelines, to include cumulative and social or economic effects resulting from a physical change in the environment. All costs of the environmental review shall be the responsibility of the applicant.

(d)

Upon completion of the environmental review, the Director shall forward the application together with any written comments received, environmental documentations, and the Director's recommendations, to the Commission. Upon receipt of the Director's recommendations, the Commission shall immediately set a public review on the issuance of the permit which shall be noticed pursuant to Government Code Section 6061 and may not be held within fifteen (15) days of the time that the Commission receives the recommendation from the Director.

(§ I, Ord. 98-15, eff. August 14, 1998; § I, Ord. 01-16, eff. September 6, 2001)

of permit.

(a)

Rules of evidence. Formal rules of evidence shall not apply to the public review of the application, but the Commission may establish such rules as will enable the expeditious presentation of the matter and relevant information thereto. At the Commission's public review, the applicant shall be entitled to present any oral or documentary evidence relevant to the application, and the applicant shall have the burden of proof of establishing the facts necessary for the Commission to make the required findings. The Commission may request any additional information it deems necessary for its decision, the cost of which, if any, shall be borne by the applicant. The Commission shall also hear relevant evidence presented by other interested persons and entities, the Director, other County staff, and the public.

(b)

Elements of permit review.

(1)

The Commission shall consider all effects that the granting of the permit application would have on the affected aquifer including, but not limited to, the hydraulic gradient, hydrology, percolation, permeability, piezometric surface, porosity, recharge, safe yield, specific capacity, spreading waters, transmissivity, usable storage capacity, water table and zone of saturation.

(2)

The Commission shall make a recommendation to the Board as to whether the extraction will not cause or increase an overdraft of the groundwater underlying the County, will not adversely affect the long-term ability for storage or transmission of groundwater within the aquifer; will not exceed the safe yield of the groundwater underlying the County; will not otherwise operate to the injury of the reasonable and beneficial uses of overlying groundwater users; is not otherwise in compliance with Water Code Section 1220; will not result in an injury to a water replenishment, storage, or restoration project operated in accordance with statutory authorization; and will not produce other environmental damage.

(2)

The Commission shall recommend to the Board of Supervisors whether the permit should be granted and what appropriate conditions should be imposed upon the permit so as to prohibit overdraft or other adverse conditions, and may impose other conditions that it deems necessary for the health, safety, and welfare of the people of the County in accordance with the requirements of this Chapter.

(§ I, Ord. 98-15, eff. August 14, 1998; § I, Ord. 01-16, eff. September 6, 2001)

(a)

Review by Board of Supervisors. Upon receipt of the Planning Commission's recommendations, the Board of Supervisors shall immediately set a public review on the issuance of the permit, which shall be noticed pursuant to Government Code Section 6061, and may not be held within fifteen (15) days of the time that the Board receives the recommendation of the Commission.

(b)

Rules of evidence before Board of Supervisors. At the Board's consideration of the application, formal rules of evidence shall not apply and the Board may establish such additional rules as will enable the expeditious presentation of the matter and relevant information thereto. At the Board's review, the applicant shall be entitled to present any oral or documentary evidence relevant to the application, shall also hear relevant evidence presented by other interested persons and entities, the Director, other County staff, and the public, and the applicant shall have the burden of proof of establishing the facts necessary for the Board to make the required findings.

(c)

Elements of Board of Supervisors' permit review. The permit may only be granted by the Board if a majority of the total membership of the Board finds and determines that the extraction will not cause or increase an overdraft of the groundwater underlying the County; will not adversely affect the long-term ability for storage or transmission of groundwater within the aquifer; will not exceed the safe yield of the groundwater underlying the County and will not otherwise operate to the injury of the reasonable and beneficial uses of overlying groundwater users; is otherwise in compliance with Water Code Section 1220; will not result in an injury to a water replenishment, storage, or restoration project operating in accordance with statutory authorization; and will not produce other environmental damage. If the permit is to be granted, the Board shall impose appropriate conditions upon the permit so as to prohibit overdraft or other adverse conditions, and may impose other conditions that it deems necessary for the health, safety, and welfare of the people of the County.

(d)

Limitation of groundwater extraction. Permits for extraction of groundwater, other than where extraction is a part of a groundwater replenishment program, shall limit groundwater extraction to no more than the demonstrated reasonable historical use or in an amount not to exceed what is required to maintain the public health, safety, and welfare of the people of Siskiyou County, whichever is less. Other conditions in the permit may include, but are not limited to, requirements for observation, monitoring wells, or both.

(e)

Mitigation. Notwithstanding the foregoing elements of permit review, the Board of Supervisors may issue the permit if the Commission finds that the applicant has provided for mitigation which will offset any adverse effect that would be produced.

(§ I, Ord. 98-15, eff. August 14, 1998; § I, Ord. 01-16, eff. September 6, 2001)

Reapplication for a permit which has been denied may not be filed with the Director until the following water year and must be accompanied with information that demonstrates a significant change in conditions in the groundwater, change in the proposed extraction, or both.

(§ I, Ord. 98-15, eff. August 14, 1998; § I, Ord. 01-16, eff. September 6, 2001)

(a)

Any interested party or public entity may challenge the continuation of the Board approved permit during the term of the permit when information exists that:

(1)

There is a violation of the conditions of the permit; or,

(2)

The permit was not issued in accordance with the procedure requirements of this Chapter; or

(3)

Extraction of groundwater pursuant to this permit:

(i)

Causes or increases an overdraft in the basin, or

(ii)

Brings about or increases salt water intrusion, or

(iii)

Adversely affects the long-term ability for storage or transmission of groundwater, or

(iv)

Exceeds the safe yield of the groundwater, or

(v)

Operates to the injury of the reasonable and beneficial uses of overlying groundwater users, or,

(vi)

Is in violation of Water Code Section 1220, or

(vii)

Results in an injury to a water replenishment, storage, or restoration project operating in accordance with statutory authorization, or

(viii)

Produces other environmental damage.

(b)

A challenge pursuant to this section is commenced by filing a written request with the Director which alleges any of the above situations and generally describes the supporting facts for such allegation. In such event, the Director shall within ten (10) days of receipt of such challenge, give notice of the challenge to the Commission, the permittee, appellant, to any interested party who filed a written request for such notice within the past twelve (12) months, and also the Districts and Cities, within the County, which have boundaries overlying or immediately adjacent to the location of the permitted extraction. The Commission's decision may be to deny the challenge, grant the challenge and terminate the permit, or to establish modified conditions to the permit.

(c)

The standard for review shall be substantial evidence. The burden of proof is upon the person or entity extracting the groundwater.

(§ I, Ord. 98-15, eff. August 14, 1998; § I, Ord. 01-16, eff. September 6, 2001)

All permits shall be valid for a term set by the Board of Supervisors, not to exceed three (3) water years from the date of the issuance of the permit, or, if the permit is for extraction as part of a conjunctive use program that has been approved by the Board, the permit shall not exceed the length of the term of the program. For purpose of calculation, the water year in which the permit is granted shall not be counted in determining the three-year time period if less than four months remain in the then water year. Provided, however, nothing contained in this Chapter nor in the conditions of the permit shall be construed as to give exclusive right to groundwater to permittee nor establish a compensable right in the event that the permit is subsequently discontinued or modified by the Board after a hearing on a challenge to the permit.

(§ I, Ord. 98-15, eff. August 14, 1998; § I, Ord. 01-16, eff. September 6, 2001)

(a)

The permit process of this Chapter is not to be construed as a grant of any right or entitlement but rather the permit evidences that the health, welfare, and safety of the residents of the County will not be harmed by the extraction of groundwater from any of the groundwater basins underlying the County for use outside the basin from which it was extracted.

(b)

The permit does not waive compliance with any other applicable provision of federal, state or local laws or regulations.

(c)

Upon the adoption of a groundwater management plan or similar plan affecting a particular groundwater basin or aquifer within Siskiyou County, as approved by the Board of Supervisors, compliance with the provisions addressing extractions authorized pursuant to that plan shall be deemed to comply with the permitting requirements of this Chapter.

(d)

No permit should be denied where that denial would cause an unreasonable use or waste of water, an unconstitutional taking without just compensation, or any other violation of the United States or California Constitutions.

(e)

The permitting requirements of this Chapter shall be waived when applying them would delay effective response to a general emergency declared by the Governor or the Siskiyou County Board of Supervisors. "General emergency," as used herein, refers to a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or other essential public services.

(§ I, Ord. 98-15, eff. August 14, 1998; § I, Ord. 01-16, eff. September 6, 2001)