Chapter 16.20
GROUNDWATER
Sections:
Article I. Declaration of Findings and Purpose
16.20.010 Regulation of the extraction for exportation of groundwater from Alpine County.
Article II. Definitions
Article III. Permit Process
16.20.030 Permit required for export for use outside county.
16.20.040 Application for a permit—Fees.
16.20.050 Procedures for processing.
16.20.060 Review concerning issuance of permit.
16.20.080 Reapplication after denial.
16.20.090 Challenge to approved permit.
16.20.110 Limitation of permit.
Article IV. Inspection
Article V. Violations
Article VI. Severability
Article I. Declaration of Findings and Purpose
16.20.010 Regulation of the extraction for exportation of groundwater from Alpine County.
The board finds and declares:
A. The groundwater underlying Alpine County has historically provided the people and lands of Alpine County with water for agricultural, domestic, municipal and other purposes.
B. The board recognizes the principle developed in the case law of California that water may be appropriated from a groundwater basin if the groundwater supply is surplus and exceeds the reasonable and beneficial needs of overlying users.
C. It is essential for the protection of the health, welfare, and safety of the residents of the county, and the public benefit of the state, that groundwater resources of Alpine County be protected from harm resulting from the extraction of groundwater for use outside the county.
D. Much of the farm production of the county depends upon the use of water to produce field crops which significantly contribute to the gross value of all agricultural crops produced in the county.
E. Much of the water supply for residential needs in the county is provided by groundwater.
F. The groundwater of Alpine County is and will be a vital part of future water use in the county.
G. The county seeks to foster prudent water management practices to avoid significant adverse overdraft-related environmental, social, and economic impacts. It is therefore essential for the protection of the county’s important groundwater resources that the county require a permit to extract groundwater for use outside the county. The chapter requires a permit for the export of groundwater outside the county and is not intended to regulate groundwater in any other way.
H. In adopting this chapter, the county in no way intends to limit either the county or other public entities, in managing groundwater under any other applicable laws in a manner consistent with any adopted groundwater management plan. (Ord. 646 § 1, 2003)
Article II. Definitions
16.20.020 Definitions.
As used in this chapter:
“Aquifer means a geologic formation that stores, transmits and yields any quantity of water to wells and springs.
“Board” means the board of supervisors of Alpine County.
“Commission” means the planning commission of the county of Alpine.
“County” means the county of Alpine.
“Director” means the director of planning or his or her designee.
“District” means an entity wholly or in part located within the boundaries of the county, which is a purveyor of waters for agricultural; domestic, or municipal use.
“Export” means exportation via a pipeline, and/or natural or artificial water channel.
“Groundwater” means all water beneath the surface of the earth which is capable of being extracted, and includes, but is not limited to, water occurring in a defined pool or aquifer.
“Groundwater Management Act” means Water Code §§ 10750 et. seq.
“Hydraulic gradient” means the slope of the water table.
“Hydrology” means the origin, distribution, and circulation of water through precipitation; stream flow, infiltration; groundwater storage, and evaporation.
“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 exceed its safe yield plus any temporary surplus.
“Percolation” means the movement of water through the soil to the groundwater table.
“Permeability” means the capability of the soil or another geologic formation to transmit water.
“Piezometric surface” means the surface to which the water in a confined aquifer will rise.
“Porosity” means voids or open spaces in alluvium, other soils and/or rocks that can be filled with water.
“Recharge” means flow to groundwater storage from precipitation, irrigation, infiltration from streams, spreading basins and other sources of water.
“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 or an undesirable result.
The phrase “undesirable result” is intended to refer to a 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. 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 pumped from the basin to deteriorate below drinking water standards;
4. Violating water rights or restrictions in pumpage in the groundwater basin as established by court adjudication or application of state or federal law;
5. Other observable environmental damage.
“Specific capacity” means the volume of water pumped from a well in gallons per minute per foot of drawdown.
“Spreading water” means 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 table.
“Transmissivity” means the rate of flow of water through an aquifer.
“Usable storage capacity” means the quantity of groundwater of acceptable quality that can be economically withdrawn from storage.
“Water table” means the surface or level where groundwater is encountered in a well in an unconfined aquifer.
“Water year” means the year beginning March 1 and ending the last day of the following February.
“Zone of saturation” means the area below the earth surface in which the soil is completely saturated with groundwater. (Ord. 646 § 1, 2003)
Article III. Permit Process
16.20.030 Permit required for export for use outside county.
It is 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 is 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) prevent the saturation of the root zone of farm land, 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. The applicant shall have the burden of supporting an assertion of an historical practice with competent evidence. (Ord. 646 § 1, 2003)
16.20.040 Application for a permit—Fees.
An application for a permit is filed with the director and shall contain all information required by the director. Concurrently, a request for environmental review is filed as required by applicable county guidelines. The application for a permit and request for environmental review is accompanied by the fees which shall be established from time to time by board resolution. The applicant shall bear the burden of proof in this process. (Ord. 646 § 1, 2003)
16.20.050 Procedures for processing.
A. The director shall review the application to determine whether it is complete for purposes of proceeding pursuant to the California Environmental Quality Act requirements. Within ten calendar days of filing of the permit application, the director shall post a notice on the county’s public bulletin boards that an application has been filed, shall send a copy of the notice to the districts 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 calendar months.
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 respective Regional Water Quality Board – Lahontan Region or 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, 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, 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 days of the date of mailing the notice of filing the permit application.
C. The environmental review is undertaken in accordance with the California Environmental Quality Act and county guidelines.
All costs of the environmental review are the responsibility of the applicant, as is the cost of any technical or consulting services required for application review under subsection B of this section.
D. Upon completion of the environmental review, the director shall forward the application together with any written comments received, environmental documentation and the director’s recommendations, to the commission. Upon receipt of the director’s recommendation, the commission shall schedule a public review on the issuance of the permit which shall be noticed pursuant to Government Code § 6061 and may not be held within fifteen 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 schedule a public review on issuance of the permit which shall be noticed pursuant to Government Code § 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. (Ord. 646 § 1, 2003)
16.20.060 Review concerning issuance of permit.
The hearing bodies, whether commission or board, shall conduct the public review in accordance with this section.
A. 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 is 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. (Ord. 646 § 1, 2003)
16.20.070 Granting of permit.
The permit may only be granted if the board finds and determines that the extraction will not cause or increase air 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 and will not otherwise operate to the injury of the reasonable and beneficial uses of overlying groundwater users, 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. Upon granting of a permit an economic severance fee shall be imposed, the purpose of which is to replace the economic loss to the citizens of Alpine County of the revenue lost from all activities which are discontinued or precluded by water export.
Other conditions in the permit shall 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. (Ord. 646 § 1, 2003)
16.20.080 Reapplication after denial.
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. (Ord. 646 § 1, 2003)
16.20.090 Challenge to approved permit.
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;
2. The permit was not issued in accordance with the procedural requirements of this chapter; or
3. Extraction of groundwater pursuant to the permit:
a. causes or increases an overdraft in the basin,
b. brings about or increases salt water intrusion,
c. adversely affects the long-term ability for storage or transmission of groundwaters,
d. exceeds the safe yield of the groundwaters,
e. operates to the injury of the reasonable beneficial uses of overlying groundwater users, or
f. 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 generally describes the supporting facts for such allegation. In such event, the director shall within ten 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 months, and the districts, 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 forth above. 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. (Ord. 646 § 1, 2003)
16.20.100 Duration of permit.
All permits are valid for a term set by the board, not to exceed five water years from the date of the issuance of the permit. For purpose of calculation; the water year in which the permit is granted shall not be counted in determining the five year time period if less than four months remain in the then water year. Provided, however, nothing contained in this chapter nor in the conditions of the permit is 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. (Ord. 646 § 1, 2003)
16.20.110 Limitation of permit.
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 district or local laws and regulations. (Ord. 646 § 1, 2003)
Article IV. Inspection
16.20.120 Inspection.
The director, together with any other persons reasonably required for the conduct of the inspection, and with good cause, may at any and all reasonable times enter any and all places, property, enclosures and structures, for the purposes of making examinations and investigations to determine whether any provision of this chapter is violated. (Ord. 646 § 1, 2003)
Article V. Violations
16.20.130 Violations.
The county may elect to proceed with any and all available legal remedies, including but not limited to a civil action against a violator, including injunctive relief. Any person or entity who violates this chapter is subject to fines of up to five thousand dollars per separate violation. A person is deemed to have committed separate violations for each and every day or portion thereof during which any such violation is committed, continued, or permitted as well as for and each and every separate groundwater well with which any such violation is committed, continued, or permitted. Any violation of this chapter shall also be considered a public nuisance, which may be abated by any means authorized by law. (Ord. 646 § 1, 2003)
Article VI. Severability
16.20.140 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reasons 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. 646 § 1, 2003)