Yolo County Municipal Code Art. 3 Permit Process

It shall be unlawful to extract groundwater underlying County, directly or indirectly, for use of that groundwater so extracted, outside County boundaries, without first obtaining a Permit as provided in this Chapter. The extraction of groundwater to replace a surface water supply to be transferred for use outside County boundaries shall be considered an indirect extraction of groundwater for purposes of this section, which shall require a Permit. This Chapter shall not apply for the extraction of groundwater (1) to prevent the flood of lands or (2) to prevent the saturation of the root zone of farmland, or (3) for use within the District boundaries of a District which is in part located within County and in part in another County(s) where such extraction quantities and use are consistent with historical practices of the District, or (4) for extractions to boost heads for portions of District facilities, consistent with historical practices of the District, or (5) for use on lands outside the County which are contiguous and in the same ownership to lands within the County from which the groundwater is extracted, where such extraction quantities and the use are consistent with historical practices of the landowners. The applicant shall have the burden of supporting an assertion of an historical practice with competent evidence. (§ 1, Ord. 1195, eff. December 26, 1996, as amended by § 1, Ord. 1210, eff. October 23, 1997)

An application for a permit shall be filed with 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. (§ 1, Ord. 1195, eff. December 26, 1996)

(a) Within ten (10) calendar days of filing of the permit application, the Director shall post a notice on the departmental public bulletin board that an application has been filed, shall send a copy of the notice to the Districts and Cities within the County which have lands overlying or adjacent to the location of the extraction 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 Region, 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 thirty (30) 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. All costs of the environmental review shall be the responsibility of 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 recommendation, 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.

(e) The Commission shall hear the application in accordance with the provisions for public review and shall make recommendations to the Board. The scope of the recommendations extends to any relevant matter that may be considered by the Board, including but not limited to, the effects that granting the permit application would have on the affected aquifer, each of the findings required of the Board, any appropriate conditions to be imposed, and any mitigation offsetting any adverse effect.

(f) Upon receipt of the Commission’s recommendation, the Clerk of the Board shall immediately set a public review on issuance of the permit which shall be noticed pursuant to Government Code Section 6061. The Board shall hear the application in accordance with the provisions for public review and shall consider matters required to be considered during public review, including but not limited to, the effects that granting the permit application would have on the affected aquifer, make each of the findings on matters required for granting a permit, any appropriate conditions to be imposed, and any mitigation offsetting any adverse effect. (§ 1, Ord. 1195, eff. December 26, 1996)

The hearing bodies, whether Commission or Board, shall conduct the public review in accordance with this section.

(a) The bodies forming the Commission shall meet jointly, but all actions shall be taken by a separate vote of each body. Action may be taken only if there is a majority of the membership of each body comprising the Commission present at the public review and if a majority of the total membership of each body concurs in the action. If the bodies are unable to concur on a single recommendation, each body shall make a separate recommendation.

(b) Formal rules of evidence shall not apply to the public review of the application, but the hearing body may establish such rules as will enable the expeditious presentation of the matter and relevant information thereto. At the 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 required findings. The hearing body may request any additional information it deems necessary for its decision, the cost of which, if any, shall be borne by the applicant. The hearing body shall also hear relevant evidence presented by other interested persons and entities, the Director, other County staff, and the public. The hearing body 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 water, transmissivity, usable storage capacity, water table and zone of saturation. (§ 1, Ord. 1195, eff. December 26, 1996)

The permit may only be granted if 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 groundwaters within the aquifer, will not (together with other extractions) exceed the safe yield of the groundwater underlying the County unless the safe yield is exceeded only by extractions in connection with a conjunctive use program approved by the Board 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, or will not result in an injury to a water replenishment, storage, or restoration project operating in accordance with statutory authorization. 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. Other conditions in the permit may include, but are not limited to, requirements for observation and/or monitoring wells. 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. (§ 1, Ord. 1195, eff. December 26, 1996)

Reapplication for a permit which has been denied by the Board 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 and/or change in the proposed extraction. (§ 1, Ord. 1195, eff. December 26, 1996)

(a) Notwithstanding the provisions of Section 10-7.303, the Director may grant a permit in summary proceedings upon an application accompanied by a demonstration satisfactory to the Director showing that:

(1) The extraction is for use in compliance with the provisions of Water Code Section 1220,

(2) The extraction will not exceed 250 acre feet,

(3) The term of the extraction will not exceed one year

(4) The extraction is in accordance with a conjunctive use program adopted under the Groundwater Management Act or other applicable laws and approved by the Board.

(b) Upon receipt of an application for summary proceedings, the Director shall give notice of filing to the Commission and the Board. If the Board shall so order within twenty-one (21) days of receiving notice of the filing, proceedings shall be conducted in accordance with Section 10-7.303; in the absence of such an order the Director shall determine the accuracy of the assertions of the application. The Director may grant a permit for one year only upon a favorable determination and may impose such appropriate conditions so as to make such a determination. (§ 1, Ord. 1195, eff. December 26, 1996)

(a) Any interested party or public entity may challenge the continuation of an 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 the 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 groundwaters, or

(iv) Exceeds the safe yield of the groundwaters, 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.

(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 in general 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. Commission and Board reviews shall be held on the matter following the procedures set out in Sections 10-7.304 and 10-7.305. The recommendations and 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 filing the challenge. (§ 1, Ord. 1195, eff. December 26, 1996)

All permits shall be valid for a term set by the Board, 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 (3) year time period if less than four (4) 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. (§ 1, Ord. 1195, eff. December 26, 1996)

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 and exportation of groundwater outside the County boundaries. The permit in no way exempts, supersedes, or replaces any other provisions of Federal, State, and (with approval of the Board) District or local laws and regulations including but not limited to Water Code Section 1220, the Groundwater Management Act, and any actions provided for in California groundwater law, well drilling and maintenance or building permit requirements. (§ 1, Ord. 1195, eff. December 26, 1996)