Ventura Municipal Code Ch. 22.180 Water Rights Dedication Requirements

As property within the city develops, or as new properties are annexed for development, agricultural and other land uses are likely to be converted to new or intensified land uses. The water rights or credits associated with the property and/or wells that are now used by agriculture or other less intense uses will be needed to serve the new or intensified land uses. This chapter provides a mechanism by which those water rights or credits will be dedicated to municipal use. This chapter also includes a provision for the sharing of water rights for new or existing agriculture located on the remaining portion of any parcel of land that is being developed to assure that existing agriculture located on the parcel is not needlessly or prematurely converted due to the lack of water or that viable new agriculture proposed to be located on the remaining portion of the parcel is not prohibited or restricted due to a lack of water. This chapter shall be referred to as the “Water Rights Dedication Ordinance.” (Ord. No. 2016-004, § 2, 7-11-16; Ord. No. 2024-010, § 1, 12-17-24)

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated.

“City manager” means the chief executive of the city appointed by the city council. The term “city manager” shall also include the designee thereof.

“Demand offset” means the projected water demand minus historical (baseline) use as defined in this section and as determined utilizing the water resource equation.

“General manager” means the department head of the city’s water and wastewater department known as Ventura Water. The term “general manager” shall also include the designee thereof.

“Historical (baseline) use” for “active meter,” “inactive meter,” and “no meter” are as follows:

Active Meter. Water supply through a city meter was serving the premises for at least 12 consecutive months within the past 10 years prior to the date of a development entitlement in accordance with Section 22.180.030(A)(2) for the proposed development. The historical (baseline) use is equal to the average annual use of the meter.

Inactive Meter. Water supply through a city meter is available to serve the premises (a customer is signed in for service); however, no water has registered on the meter serving the premises for 12 consecutive months in the past 10 years prior to the date of entitlement of the proposed development. The bi-monthly meter service charge has been paid and is being paid by the customer of record up to the date of entitlement of the proposed development. The historical (baseline) use is equal to the average annual consumption for the same meter size and same customer class at a 2:1 offset allowance.

No Meter. There is no historical (baseline) use when there is not an existing meter to serve the premises.

“Intensified development” means any development or improvement to a premises that increases the existing water demand required for the development or improvement to a premises as defined by the water resource equation. Intensified development does not include additions of plumbing fixtures to an existing residential dwelling unit that do not increase the water meter size.

“New development” means any development or improvement to a premises that is not served by city water supplies and requires city water supplies.

“Projected water demand” means the estimated annual quantity of water required to serve development approved by any permit or action in Section 22.180.030, as determined by the developer’s engineer utilizing the city’s current local water use demand factors and reviewed and approved by the general manager. Intensified use shall be equal to the increase in water demand required to serve the intensified use above the water demand required to serve an existing use or use entitled prior to the effective date of the ordinance codified in this chapter.

“Water resource equation” means projected water demand minus historical (baseline) use equals demand offset.

“Water right/credit” means: (1) any right or allocation held on or after March 7, 1996, to pump groundwater pursuant to the judgment in the case of United Water Conservation District v. City of San Buenaventura (Ventura County Superior Court Case No. 115611), and any subsequent amendment or restatement of the judgment; or (2) any such other water rights that may be available for permanent transfer including, but not limited to, any and all applicable groundwater pumping allocations, shares, and/or credits associated with the property to be served by the city and available from a management agency, associations, shareholder group or water rights such as but not limited to: Fox Canyon Groundwater Management Agency, Santa Paula Basin Pumpers Association, Alta Mutual Water Company, and Farmer’s Irrigation Company. A water right/credit for property developed within the Oxnard Plain Groundwater Basin is determined based on approval by the Fox Canyon Groundwater Management Agency. A water right/credit for property within the Mound Groundwater Basin is determined based on the past 10 years of approved/official documented pumping records. A water right/credit for property within the Santa Paula Groundwater Basin is determined by the Santa Paula Basin Technical Advisory Committee. (Ord. No. 2016-004, § 2, 7-11-16; Ord. No. 2021-009, § 7, 5-24-21; Ord. No. 2024-010, § 1, 12-17-24)

A. The owner or developer of any parcel of land within the city or being annexed to the city shall, without cost or expense to the city, prior to issuance of any building permit, or if no building permit is required at the times specified in this section, dedicate all transferable and exercisable water rights/credits attached to the parcel or associated groundwater well to the city upon any of the following events:

1. Approval of annexation of the parcel to the city and prezoning under Government Code Section 56375(a) in anticipation of new or intensified development of the property. Annexation to the city will generally result in new or intensified development because state law and Ventura County Local Agency Formation Commission policies and guidelines encourage annexation for urbanized development. The Ventura County Local Agency Formation Commission “Guidelines for Urban Development” provide that “applicants for land use permits or entitlements for urban uses shall be encouraged to apply to the city to achieve their development goals” and “prior to being developed for urban purposes or receiving municipal services, land should be annexed to the city”;

2. Granting of any new or amended development entitlement by the city for any land use, other than agriculture, upon the parcel, including, but not limited to, approval of a general plan amendment, re-zoning, conditional use permit, tentative map, parcel map, tract map, lot line adjustment, planned development or coastal development permits, or any other development approval that creates a new or intensified water use;

3. Construction or enlargement of any water service connection to the premises from the city water system.

B. The addition of water fixtures to an existing residential dwelling unit that does not increase water meter size is exempt from the requirements of this chapter.

C. Development projects for which entitlements have been approved prior to the effective date of this chapter are not subject to the requirements of this chapter.

D. In the event that any water rights/credits attached to the parcel or associated groundwater well have been sold or transferred to anyone other than the city on or after March 7, 1996, the owner or developer of the parcel shall, to the extent feasible, in the sole judgment of the general manager, obtain at his or her sole expense equivalent water rights/credits and dedicate those to the city.

E. In the event that the water rights/credits serve more land than the land or parcel to be annexed, developed, or to receive a city water service connection, the water rights/credits to be dedicated shall be determined by proration on the basis of the historical water usage of the various lands or parcels served. If it is not feasible, in the sole judgment of the general manager, to prorate the water rights/credits on the basis of historical water usage, then the proration shall be made on the basis of the irrigated land areas of the various lands or parcels served.

F. In the event that the water rights/credits are held by an association, water company, or agency on behalf of the property owner or developer and that association, water company, or agency cannot or, in the sole judgment of the general manager, will not dedicate the required water rights/credits to the city, the owner or developer of the parcel shall, to the extent feasible, in the sole judgment of the general manager, obtain at his or her sole cost or expense equivalent water rights/credits and dedicate those to the city.

G. In the event that the dedicated water rights/credits exceed the projected demand for water by the parcel or associated groundwater well already within the city, a credit shall be issued against the various fees and charges due to the city water enterprise fund under Chapter 22.110, Water Connections; Section 22.110.020, Charges, or, at the city’s option, the dedicated water rights/credits required by this chapter shall be prorated to meet the projected demand for water. The credit shall be equal to the value of the water rights/credits actually dedicated, dependent upon the market for the permanent sale of water rights/credits in the respective groundwater basin at the time of approval, and adjusted to account for the amount of water from another supply source that will be needed to blend with the new dedicated supply in order to meet current water quality primary and secondary standards.

H. In the event that the dedicated water rights/credits are needed to continue to serve agriculture temporarily remaining on any undeveloped or residual portion of the land or parcel, until the land is converted to nonagricultural use, the city may enter into an agreement with the property owner or developer for the shared use of the dedicated water rights/credits until such time as the agricultural use is converted, provided the water is to be used only on such land or parcel and provided the quantity of water to be used and the type of agriculture to be served is reasonable and appropriate. The agreement shall include, but not be limited to, the amount of water rights/credits available for the undeveloped property and the property owner or developer shall construct and pay for all facilities and pay for all city or third party administrative costs associated with the use as well as the cost to prepare the agreement.

I. In the event that the dedicated water rights/credits are needed to supply water to a proposed nonpotable water distribution system intended to supply water for irrigation purposes to public or private landscaping on the land, the city may enter into an agreement with the property owner or developer for the shared use of the dedicated water rights/credits. The agreement shall include, but not be limited to, the amount of water rights/credits available for the undeveloped property and the property owner or developer shall construct and pay for all facilities and pay for all city or third party administrative costs associated with the use as well as the cost to prepare the agreement. (Ord. No. 2016-004, § 2, 7-11-16; Ord. No. 2024-010, § 1, 12-17-24)

Any proposed development applicant (“applicant”) who does not agree with the water rights/credits dedication determination for their proposed development pursuant to this chapter shall have the right to appeal as follows:

The appeal must be in writing, legible, and received by the general manager within 15 calendar days of the water rights/credits dedication determination submitted to the applicant. The written request for appeal consideration shall include:

A. A description of the reason for the appeal; and

B. Evidence supporting the appeal; and

C. A suggestion for resolution of the dispute, if any.

Within 15 calendar days of receipt of the written appeal, the general manager will notify the applicant of confirmation of receipt of the appeal and a timeline for the general manager’s written independent determination of the water rights/credits dedication.

The general manager’s determination may be appealed in writing to the city manager within 15 calendar days of the mailing of the general manager’s determination. The appeal of the general manager’s determination shall be heard and considered by the city manager at a time and place set by the city manager within 30 calendar days from the city manager’s receipt of an appeal, but no public hearing is required. The city manager shall provide to the applicant notice of the time and place for the appeal hearing at the address listed in the appeal filed by the applicant. The city manager may, in his or her discretion, affirm, reverse, or modify the determination accordingly. The city manager’s decision shall be final. (Ord. No. 2016-004, § 2, 7-11-16; Ord. No. 2024-010, § 1, 12-17-24)