Tuolumne County Municipal Code Ch. 13.20 Groundwater Management

Sections:

13.20.010 Declaration of findings and purpose

13.20.020 Title.

13.20.030 Definitions.

13.20.040 Use permit required for export for use outside County.

13.20.050 Continued extraction and exportation.

13.20.060 Exempted extraction and exportation.

13.20.070 Application for a use permit.

13.20.080 Procedures for processing.

13.20.090 Review and recommendation to Board concerning issuance of use permits.

13.20.100 Consideration to conditionally approve or deny use permit.

13.20.110 Required conditions of approval.

13.20.120 Re-application after use permit denial.

13.20.130 Duration of use permit.

13.20.140 Limitation of use permit.

13.20.150 Enforcement responsibility.

13.20.160 Inspection.

13.20.170 Violation; enforcement.

The Tuolumne County Board of Supervisors hereby finds and declares:

A. Adequate supplies of water are vital to the economy of the county and the health and well being of its citizens.

B. The groundwater underlying Tuolumne County has been and will continue to be an important source of water for the people and lands of the County for agricultural, domestic, municipal and other purposes, and for the protection of biological resources.

C. Under California case law, water may be appropriated from a groundwater basin if the groundwater supply is surplus and exceeds the reasonable and beneficial needs of overlying users.

D. It is essential for the protection of the environment as well as the health, welfare and safety of the residents of Tuolumne County in addition to land use planning and regulation, that groundwater resources within the County be protected from potential harm resulting from the extraction of groundwater for use on lands outside the basin from which the water is taken, particularly when those lands lay outside the boundaries of the County.

E. California courts have recognized and upheld the ability of counties, through the
exercise of their police powers, to regulate groundwater extraction and transfer from areas within their boundaries.

F. Because of the need for increased water supply to meet future needs within Tuolumne County, and because surface water supplies obtained in the future may need to be used conjunctively with available local groundwater for reasonable and beneficial local uses, it is vital that the County’s groundwater supply and quantity be preserved. It is the purpose and intent of this chapter to establish an effective county policy that will assure that the overall economy and environment of Tuolumne County are protected from the impacts of the exportation of groundwater out of the county. (Ord. 2429 § 2, 2001).

may be cited as the Tuolumne County Groundwater Management Ordinance. (Ord. 2429 § 2, 2001).

otherwise, the following words and phrases, wherever in use in this chapter, shall be construed as defined in this section.

A. “Agricultural wells” are wells used to supply water only for irrigation or other agricultural purposes.

B. “Aquifer” means an underground, water- bearing layer of earth, porous rock, fractured rock, sand or gravel through which water can seep or be held in natural storage. Aquifers generally hold sufficient water to be used as a water supply. 13-34

C. “Basin” means an underground aquifer or the land immediately overlying such an aquifer.

D. “Director” means the Director of Community Development or his/her duly authorized representative.

E. “District” means any special district wholly or in part located within the boundaries of the County, which is a purveyor of waters for agricultural, domestic, or municipal use.

F. “Domestic water wells” are water wells used to supply water for the domestic needs of an individual residence or system of four or fewer service connections or “hook-up” as they are sometimes called.

G. “Ground Water Management Act” means groundwater management as defined in California Water Code Section 10750 et. seq..

H. “Groundwater” means all water below the surface of the earth that supplies wells, streams and rivers.

I. “Groundwater extraction” means removal of groundwater by a well, a pump, or other artificial means from an underground aquifer.

J. Groundwater transfer” means the intentional transportation of groundwater by a person through any type of method of conveyance, including but not limited to pipes, drainages, ditches, canals, streams, rivers or motor vehicles.

K. “Historical practice” means the consistent or predominant practice of an applicant within seven (7) years proceeding the operative date of this chapter.

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

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

N. “Overdraft” means the condition of a groundwater supply in which the amount of water withdrawn by pumping exceeds the amount of water replenishing the supply over a period of time and also the point at which extractions from the supply exceeds it safe yield plus any temporary surplus.

O. “Percolation” means the movement of water through the soil to the groundwater table.

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

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

R. “Porosity” means voids or open spaces in alluvium and rocks that can be filled with water.

S. “Private Water Source Operator License” means the license issued by the State of California, Department of Health Services, Food and Drug Branch, in accordance with Section 111120 of the California Health and Safety Code.

T. “Recharge” means flow to ground water storage from precipitation, irrigation, infiltration from streams, spreading basins, injection and other sources of water.

U. “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. Specifically, “safe yield” is the amount of water which can be withdrawn without:

1. Exceeding, in any calendar year, the long- term mean annual 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 pumping from the basin to deteriorate below drinking water standards.

4. Violating water rights or restrictions in pumpage in the ground water basin as established by county adjudication or applicable State or Federal law.

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

W. “Spreading water” means discharging native or imported water to a permeable are 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 table.

X. “Transmission of groundwater” means the rate of flow of water through an aquifer.

Y. “Usable storage capacity” means the quantity of ground water of acceptable quality that can be economically withdrawn from storage.

Z. “Water table” means the surface or level where ground water is encountered in a well in an unconfined acquifer.

AA. “Water year” means the year beginning March 1 and ending the last day of the following February.

BB. “Zoning of saturation” means the area below the water table in which the soil is completely saturated with groundwater. (Ord. 2429 § 2, 2001).

outside County. It shall be unlawful for any person to extract groundwater underlying the County, directly or indirectly, for use outside of County boundaries, or to replace water transported outside County boundaries, without first obtaining a conditional use permit as provided in this chapter, 13-35

except as provided in section 13.20.060. (Ord. 2429 § 2, 2001).

Extraction of groundwater for use outside of County boundaries which has occurred prior tothe effective date of this ordinance may continue without a use permit as provided in section 13.20.040 provided such extraction meets and continues to meet all of the following criteria and any conditions imposed on previously issued entitlements authorizing the extraction and exportation:

A. Such extraction is substantially similar to the extraction that occurred during the one year period immediately prior to the effective date of this ordinance.

B. Such extraction is accomplished by means of substantially the same conveyance facility as was used during the one year period immediately prior to the effective date of this ordinance.

C. Such extraction is from substantially the same geographical area of the groundwater basin during the one year period immediately prior to the effective date of this ordinance.

D. Such extraction does not exceed the highest instantaneous rate, or the highest annual total quantity of water that was extracted for exportation within the one year period immediately prior to the effective date of this ordinance.

E. Such extraction will result in the use of the water in substantially the same manner and in substantially the same area as it was used during the one year period immediately prior to the effective date of this ordinance.

Such extraction which does not meet all of the criteria described above on the effective date of this ordinance, or meets the criteria on the effective date of this ordinance and then ceases to meet the criteria shall be subject to the provision of this chapter. (Ord. 2429 § 2, 2001).

The following are exempt from the provisions of this chapter:

A. Agricultural wells or domestic water wells where exclusive use of the groundwater is on the parcel or adjoining parcels under the same ownership or control and a portion of that land is located in the County of Tuolumne.

B. The holder of a Private Water Source Operator License transporting water outside of the County or bottled water facilities where water is extracted from the ground and containerized all within Tuolumne County for ultimate delivery to customers outside of the County.

C. A transfer or transport of water during periods of emergency declared pursuant to the California Government Code, section 8558, that is directly related to the reason or basis for the declaration of the emergency, and that is undertaken in order to prevent or mitigate injury to people, or the flooding or damaging of property. (Ord. 2429 § 2, 2001).

A. An application for a use permit shall be filed with the director on a form prescribed by the director along with required information and fees as established by Title 3 of this code. The application shall contain all information required herein and as otherwise required by the director, including that deemed necessary to conduct an environmental review in accordance with California Environmental Quality Action (CEQA).

B. An application for a use permit shall be accompanied by a report acceptable to Tuolumne County prepared, at the applicant’s expense, by a California Registered Geologist, California Registered Civil Engineer or Certified Engineering Geologist with expertise and experience in geologic and hydrologic testing, and competence in performing groundwater yield studies in hard rock formations. The information provided in the application shall provide information necessary to support the required findings and to establish appropriate conditions. The report shall provide the following information at a minimum:

1. The location of the proposed project for extraction of groundwater for use outside of County boundaries;

2. The design of the project, the term of the project, and a description of the method of extraction;

3. The quantity of water to be exported and extracted on an annual basis;

4. The amount of the maximum monthly rate of export and extraction;

5. The location, size, spacing and depths of all extraction wells;

6. A description of the monitoring plan and the location of monitoring wells to measure groundwater levels, evaluate gradient, flow direction and water quality;

7. The impact of the extraction proposal on surrounding pre-existing wells and surrounding springs pre-existing in use as domestic supplies, considering complete build out of the area;

8. A traffic study evaluating the impacts of all traffic associated with the proposed groundwater extraction and exportation; 13-36

9. Other information as required by the director.

C. The director is authorized at his/her discretion to execute a contract with an independent technical expert to review any technical materials submitted including, but not limited to those required under this section. The applicant shall pay all the costs of said review, including any administrative costs incurred by the County. Any proprietary information disclosed to the County or the expert hired shall remain confidential and shall not be disclosed to a third party. The director shall determine if a review by a technical expert is required within 30 days of the submittal of an application. Failure of the applicant to pay the costs of such review shall render the application incomplete. (Ord. 2429 § 2, 2001)

A. An application for a use permit shall be reviewed in the manner prescribed by chapter 17.68 of this code except the application shall be referred directly to the board of supervisors for conditional approval or denial.

B. Prior to action by the board of supervisors, the application for a use permit shall be submitted to other affected County departments, the State Department of Water Resources, California Regional Water Quality Board-Central Valley Region and any interested local water agency within whose boundary the proposed activity will occur. If the applicant is proposed to pump groundwater from a district, City of Sonora, or the unincorporated territory in which a groundwater management plan has been adopted pursuant to the Ground Water Management Act, the applicant shall be reviewed for consistency with such 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 for exportation. Comments shall be submitted within thirty (30) days of the date of mailing the notice of filing the permit application. (Ord. 2429 § 2, 2001)

concerning issuance of use permit.
During processing of the application, the application 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 Board of Supervisors to make the required findings. The director may request any additional information deemed necessary, the cost of which, if any, shall be borne by the applicant. The director 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, and the effects on neighboring wells and springs used for water supply. After review, the director shall make a recommendation to the Board.
This recommendation will specify whether the effects of granting a permit will cause or not cause the following:

A. Increase an overdraft of the groundwater basin or water bearing hard rock formation underlying the County;

B. Adverse effect on the long term ability for storage or transmission of groundwater;

C. The safe yield of the groundwater underlying the County to be adversely affected;

D. Injury of the reasonable and beneficial uses of overlying groundwater users;

E. Noncompliance with California Water Code Section 1220.

F. Injury to a water replenishment, storage, or restoration project operated in accordance with statutory authorization.

Upon completion of the review process, the director shall recommend to the Board of Supervisors whether the permit should be conditionally approved or denied. If recommending conditional approval, the director shall specify what appropriate conditions should be imposed upon the permit so as to prohibit overdraft or other adverse conditions. Additional conditions may be recommended by the director as necessary for the protection of the health, safety, and welfare of the people of the County. (Ord. 2429 § 2, 2001)

approve or deny use permit. Upon receipt of the director’s recommendations, the Board of Supervisors shall set a public hearing on the use permit, which shall be noticed in accordance with section 17.68.130 of this code. At the Board’s review, the applicant shall be entitled to present any oral or documentary evidence relevant to the application. The Board of Supervisors shall hear relevant evidence presented by other interested persons and entities, the director, other county staff, and the public. The applicant shall have the burden of proof of establishing the facts necessary for the Board to make the required findings. The permit may only be granted by the Board if a majority of 13-37

the total membership of the Board finds and determines that the proposed extraction:

A. Will not cause or increase an overdraft of the groundwater basin or water bearing hard rock formation underlying the County;

B. Will not adversely affect the long-term ability for storage or transmission of groundwater;

C. Will not exceed the safe yield of the groundwater underlying the County;

D. Will not otherwise operate to the injury of the reasonable and beneficial uses of overlying groundwater users;

E. Will otherwise be in compliance with the Water Code section 1220;

F. Will not result in an injury to a water replenishment, storage, or restoration project operated in accordance with statutory authorization.

Each finding required to be made by the Board pursuant to this chapter shall be based upon substantial evidence and shall contain a description of the evidence that supports the finding. (Ord. 2429 § 2, 2001)

A. If the use permit is to be conditionally approved, the Board shall impose appropriate conditions upon the use permit so as to prohibit overdraft or other adverse conditions. Additional conditions may be imposed by the Board as necessary for the protection of the health, safety, and welfare of the people of the County.

B. Use Permits for extraction of groundwater for exportation out of the county shall limit extraction to no more than the demonstrated reasonable historical use or in an amount that does not tap into the pool that is required to maintain the public health, safety, and welfare of the people of Tuolumne County, whichever is less. Other conditions in the permit may include, but not be limited to, requirements for observation and/or monitoring wells. (Ord. 2429 § 2, 2001)

Re-application for a permit that has been denied may not be filed with the director one year following denial by the Board of Supervisors and must be accompanied with information that demonstrates a significant change in conditions in the groundwater or change in the proposed extraction. (Ord. 2429 § 2, 2001)

A. All use permits for extraction and exportation of groundwater 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. If the use 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.

B. The permit may be renewed by the Board for three or fewer years upon submittal of the written request by the applicant. The application shall submit the written request for the renewal to the director at least 120 days prior to the expiration date of the permit along with information as requested by the director and with a processing fee equal to 50% of the use permit application fee as provided in Title 3 of this code. The Board of Supervisors shall consider the request for the renewal after conducting a public hearing with notice given in accordance with section 17.68.130.
The Board of Supervisors may renew a permit an unlimited
number of times following the procedures contained herein for each renewal.

C. For purpose of calculation, the water year in which the use permit is granted shall not be counted in determining the three (3) year time period if less than four (4) months remain in the water year. Nothing contained in this chapter nor in the conditions of the use permit shall be construed as to give exclusive right to groundwater to a permittee nor to establish a compensable right in the event that a permit is subsequently discounted or modified by the Board after a hearing on a challenge to the permit. (Ord. 2429 § 2, 2001)

permit process of this chapter is not to be construed as a grant of any right or entitlement but rather that the use permit evidences that the health, welfare, and safety of the residence of the County will not be harmed by the extraction and exportation of groundwater outside the County boundaries. The permit no way exempts, supersedes, or replaces any other provisions of Federal, State, and local laws and regulations including but not limited to the Water Code section 1220, the Ground Water Management Act, and any actions provided for in California groundwater law, well drilling and maintenance or building permit requirements. (Ord. 2429 § 2, 2001)

provisions of this chapter shall be enforced by the director of the community development department.
(Ord. 2429 § 2, 2001)

all reasonable times enter any and all places, property and enclosures, for the purposes of 13-38

making examinations and investigations to determine whether any provision of this chapter is violated. (Ord. 2429 § 2, 2001)

this chapter shall be enforced as provided for in chapter 1.10 or section 17.68.170 of the Tuolumne County. (Ord. 2429 § 2, 2001)

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