Tehama County Municipal Code Ch. 9.40 Aquifer Protection

The definitions applying to this chapter shall be those definitions found in Section 15.56.020, Title 15 of this code together with the definitions set out in this section. In the event of conflict between a definition in this section and one found in Section 15.56.020, the definition in this section shall control for the purposes of this chapter.

1. "Conjunctive use" and "conjunctive operation" shall mean the coordinated operation of a groundwater basin and surface water supplies. One purpose is to artificially recharge a basin during years of above-average precipitation so that groundwater can be withdrawn during years of below-average precipitation, when surface supplies are less than normal.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.

2. "Culture (land use)" shall mean the land use or land cover existing under natural conditions or as modified by man.

3. "Domestic water well" shall mean 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.

4. "Groundwater" shall mean water in the zone of saturation. Groundwater is presumed to be percolating, although it does occur in known and definite channels.

5. Groundwater, Confined. "Confined groundwater" shall mean a body of groundwater overlain by material sufficiently impervious to sever free hydraulic connection with overlying groundwater except at the intake.

6. Groundwater, Free (Unconfined). Unconfined water is 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.

7. "Hydraulic gradient" shall mean slope of the water table.

8. "Hydrology" shall mean the origin, distribution, and circulation of water through precipitation, stream- flow, infiltration, groundwater storage, and evaporation.

9. "Imported water" shall mean water transported into a watershed from a different watershed. Native water is water naturally within a watershed.

10. "Mining" shall mean extraction of groundwater by any means, including pumping and the use of artesian wells, from any aquifer within the County of Tehama which in contemplation of pre-existing extractions of groundwater used beneficially upon lands overlying the aquifer within the county and the reasonably foreseeable beneficial uses to which groundwater from the aquifer could be made to lands overlying the aquifer within the county which exceeds the reasonably foreseeable replenishment potential of the watersheds' native water together with such imported water as may be available to be applied to recharge the aquifer.

11. "Overdraft" shall mean the condition of a groundwater basin where the amount of water withdrawn exceeds the amount of water replenishing the basin over a period of time. Also, as the point at which extractions from the basin exceed its safe yield plus any temporary surplus.

12. "Percolation" shall mean the movement of water through the soil to the groundwater table.

13. "Permeability" shall mean the capability of soil or other geologic formation to transmit water.

14. "Piezometric surface" shall mean the surface to which the water in a confined aquifer will rise.

15. "Porosity" shall mean voids or open spaces in alluvium, other soils and rocks that can be filled with water.

16. "Radius of influence" shall mean 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).

17. "Recharge" shall mean flow to groundwater storage from precipitation, infiltration from streams, irrigation, spreading basins, and other sources of water.

18. "Safe yield" shall mean 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 refer to a 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 water.

19. "Salt water intrusion" shall mean the movement of salt water into fresh water aquifers.

20. "Specific capacity" shall mean the volume of water pumped from a well in gallons per minute per foot of drawdown.

21. "Spreading water" shall mean 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.

22. "Transmissivity" shall mean the rate of flow of water through an aquifer.

23. "Usable storage capacity" shall mean the quantity of groundwater of acceptable quality that can be economically withdrawn from storage.

24. "Water table" shall mean the surface where groundwater is encountered in a well in an unconfined aquifer.

25. "Zone of saturation" shall mean the area below the water table in which the soil is completely saturated with groundwater.

(Ord. 1617 § 5(part), 1994)

It shall be 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, where the water extracted is transported, by any means, from the County of Tehama.

(Ord. 1617 § 5(part), 1994)

It shall be unlawful to extract groundwater of any nature or description, or for a property owner to allow such extraction on his land, or for any person to knowingly cause, permit, aid, abet, suffer, or furnish equipment or labor for such extraction, 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 contiguous parcels of land under the same ownership as the parcel from which the extraction occurs, without first obtaining a permit as provided in this chapter. It shall be unlawful to knowingly use water extracted in violation of this section on other than the parcel of land upon which the extraction occurs, or contiguous parcels of land under the same ownership as the parcel from which the extraction occurs, or for a property owner to knowingly allow such use on their land, or for any person to knowingly cause, permit, aid, abet, suffer, or furnish equipment or labor for such use, without first obtaining a permit as provided in this chapter. This provision does not apply to the extraction of water fort he purposes of supplying a "public water system," a "community water system," a "noncommunity water system," or "state small water system" as defined by Division 5, Part 1, Chapter 7 of the California Health and Safety Code commencing with Section 4010, serving residents of the County of Tehama.

(Ord. 1617 § 5(part), 1994; Ord. No. 2006, §§ 2, 3, 6-9-2015)

It shall be unlawful for any person to operate, or for a property owner to allow any person to operate, any well, excepting a domestic well as defined by Section 9.40.010(3), or a well serving any "public water system," "community water system," "noncommunity water system," or "state small water system," in such a manner that the radius of influence of such well extends beyond the boundaries of the parcel of land upon which the well is located, or alternatively, beyond the boundaries of contiguous parcels of land under the same ownership as that parcel upon which the well is located.

(Ord. 1617 § 5(part), 1994)

The prohibition of Section 9.40.040 shall not be applicable to any well actually in operation in calendar year 1991 or any prior year.

(Ord. 1617 § 5(part), 1994)

An application for a permit required in this chapter shall be filed with the Tehama County health agency, environmental health division, on forms provided by said division and shall contain all information required by such division. Concurrently, a request for environmental review thereof shall be filed as required by county guidelines. The application for permit and request for environmental review shall be accompanied by the fees established therefor. Upon receipt of the permit application, the health agency, environmental health division, shall review the application with affected county departments including, but not limited to, the agricultural commissioner and planning director. The health agency, environmental health division shall also review the application with the State Department of Water Resources and the Regional Water Quality Control Board. After obtaining the comments of the affected county departments and the affected state agencies, the health agency, environmental health division, shall cause the application together with all received comments to be reviewed by the county technical advisory committee and file a written report incorporating the observations and recommendations, if any, of the technical advisory committee, accompanied by the planning director's review, 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 issuance of the permit. Said hearing shall be noticed pursuant to Government Code Section 6061 and said hearing may not be held within fifteen days of the time that the board of supervisors receives the report from the health agency, environmental health division.

(Ord. 1617 § 5(part), 1994)

At said hearing, the applicant shall be entitled to present any relevant evidence to his application. The board may request any additional geologic studies it deems necessary to obtain information required for its decision. The cost of such studies shall be borne by the applicant. 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, and the affected aquifer or aquifers, including, but not limited to, the hydraulic gradient, hydrology, percolation, permeability, piezometric surface, porosity, recharge, safe yield, salt water intrusion, specific capacity, spreading water, transmissivity, usable storage capacity, water table, and zone of saturation.

(Ord. 1617 § 5(part), 1994)

The permit referred to in this chapter may only be granted where the board, after having reviewed the potential effects referred to in Section 9.40.060, finds and determines that the permit will not bring about an overdraft, will not bring about salt water intrusion, 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, 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 the County of Tehama. 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. 1617 § 5(part), 1994)

A. Notwithstanding any other provision of this chapter, the board of supervisors may grant a temporary emergency permit in accordance with this section without undertaking the procedures set forth in Sections 9.40.050 through 9.40.070, and without a public hearing.

B. A temporary emergency permit may be issued if the board finds that the proposed use of water on other than the parcel of land upon which the extraction occurs is necessary to prevent or mitigate an emergency, as defined in Public Resources Code section 21060.3. Replacement of domestic water supplies rendered unavailable due to drought conditions for which a state of emergency has been proclaimed by the governor shall constitute mitigation of an emergency under this section.

C. A temporary emergency permit shall be issued only if the board finds that such approval is exempt from review under the California Environmental Quality Act pursuant to Public Resources Code sections 21080, subdivision (b), 21172, or California Code of Regulations, title 2, section 15269 or successor provisions.

D. A temporary emergency permit may only be granted if the board finds and determines that the permit will not bring about an overdraft and will not result in the mining of water.

E. The board shall impose such conditions upon the temporary emergency permit to prohibit overdraft, and may impose conditions including, but not limited to, identification of the well or water source to be used for water acquisition, the timing and quantity of water to be transferred at any time, and a requirement for county observation and/or monitoring of the well identified for use, that it deems necessary for the health, safety, and welfare of the people of the County of Tehama.

F. A temporary emergency permit issued under this section shall be effective for the limited term specified by the Board, not to exceed one hundred eighty days.

G. The decision of the board of supervisors shall be final.

(Ord. No. 1992, § 2, 7-29-2014)

The permit granted pursuant to this chapter shall be subject to an annual staff review. In the event the health agency, environmental health division, determines that an overdraft is occurring because of the conditions then existing, the permit may be amended by order of the health agency, environmental health division, to decrease the amount of water allowed to be extracted. Said decision by the health agency, environ-mental health division, may be appealed to the board of supervisors by the applicant or any other affected person.

(Ord. 1617 § 5(part), 1994)

The director or his or her representative, with good cause, may at any and all reasonable times enter any and all places, property, enclosures and structures, for the purposes of making examina-tions and investigations to determine whether any provision of this chapter is being violated.

(Ord. 1617 § 5(part), 1994)

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 one thousand dollars 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.

(Ord. 1617 § 5(part), 1994)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The board hereby declares that it would have passed this chapter and each section, subsection, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared illegal, invalid or unconstitutional.

(Ord. 1617 § 5(part), 1994)