Weed Municipal Code Ch. 14.03 Higher Capacity Private Groundwater Wells

Footnotes:

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Editor's note— See editor's note at Chapter 14.02.

The following definitions shall apply to this chapter:

"Higher capacity well" means a higher capacity well is a private well capable of pumping more than fifteen gallons per minute or annual production of more than 1.629 x 10 6 gallons (the equivalent of five acre-feet).

"Permit" means a permit allowing the drilling, construction, and operation of a private well, including the operation of an already existing well.

"Private well" means a private well is a water well created, or used, for the purpose of providing water to a property owned by, or for the primary use of, an individual or individuals, business entity, or any other non-governmental entity.

(Ord. No. 432-2016, § 1, 10-13-2016; Ord. No. 444-2018, § 2, 2-8-2018)

All proposed new or existing private wells shall require a permit from the city in addition to any permits required of other governmental agencies. No such well shall be drilled, nor shall the water therefrom be used or transported without such a permit.

(Ord. No. 432-2016, § 1, 10-13-2016; Ord. No. 444-2018, § 2, 2-8-2018)

An application for the permit shall be available from the city and shall require, at a minimum, the following information from the applicants:

A. A thorough description of the well characteristics, including all information required by the County of Siskiyou pursuant to Siskiyou County Code and, if the well is determined by the city to be, or to have the potential of being, a higher capacity well, the following additional information:

B. A report certified by a professional hydrogeologist regarding the anticipated impacts to the groundwater basin and any city wells existing within a two-mile radius of the planned or existing higher capacity well; and

C. An enforceable plan to mitigate any known impacts to the groundwater basin or any city well from pumping of the higher capacity well, as well as a plan to address unforeseen impacts that may arise.

(Ord. No. 432-2016, § 1, 10-13-2016; Ord. No. 444-2018, § 2, 2-8-2018)

If the well for which a permit is sought is determined by the city to be, or to have the potential to be, a higher capacity well, the city may require review of the permit application by a hydrogeologist. The city may specify the minimum qualifications for such hydrogeologist. A deposit to pay for the hydrogeologist's review and report may be required of the permit applicant. Based upon the city's own review and/or upon the review/report of a hydrogeologist, higher capacity well permits may be conditioned to avoid impacts to the groundwater basin and/or any city well.

(Ord. No. 432-2016, § 1, 10-13-2016; Ord. No. 444-2018, § 2, 2-8-2018)

The city will perform all necessary review under the California Environmental Quality Act (CEQA) and related laws relating to the issuance of the permit. The permit applicant shall reimburse the city for costs associated with that review. The city may require the applicant to pay a deposit for such costs and/or pay for the same as they are incurred.

(Ord. No. 432-2016, § 1, 10-13-2016; Ord. No. 444-2018, § 2, 2-8-2018)

The city may, at the time a permit is requested, and from time to time thereafter, require that any private well and any appurtenances thereto, including but not limited to any meters, be inspected by city officials or representatives. The city may require the owner of the property on which the well is located to pay a fee to offset the cost of such inspection.

(Ord. No. 432-2016, § 1, 10-13-2016; Ord. No. 444-2018, § 2, 2-8-2018)

As a condition of issuing a permit under this chapter, the city may require that the well's actual production be metered so that accurate measurements can be provided, and that the readings and records of such metering be preserved by the well owner and operator for inspection by the city.

(Ord. No. 432-2016, § 1, 10-13-2016; Ord. No. 444-2018, § 2, 2-8-2018)

If the characteristics or other information provided by an applicant for any well for which a permit is issued under this chapter change at any time after the permit application is submitted, the applicant shall immediately notify the city and file an amended permit application, upon receipt of which the city may require the applicant to provide such additional information, inspections, and approvals as the city deems appropriate. The city may revoke or suspend the existing permit, based upon such changes.

(Ord. No. 432-2016, § 1, 10-13-2016; Ord. No. 444-2018, § 2, 2-8-2018)

The city, through its city manager or city council, may adopt regulations and policies to aid in the implementation and/or enforcement of this chapter.

(Ord. No. 432-2016, § 1, 10-13-2016; Ord. No. 444-2018, § 2, 2-8-2018)

Any violation of this chapter shall be punishable as a civil or criminal violation (infraction or misdemeanor), in the discretion of the city attorney, and may also be deemed to be a public nuisance which may be enjoined upon application by the city.

(Ord. No. 432-2016, § 1, 10-13-2016; Ord. No. 444-2018, § 2, 2-8-2018)