Chapter 13.95
EXTRACTION AND EXPORTATION OF GROUNDWATER FROM THE CITY OF MT. SHASTA

Sections:

13.95.010    Regulation of the extraction and exportation of groundwater from the City of Mt. Shasta in Siskiyou County.

13.95.020    Definitions.

13.95.030    Permit required for export for use outside the City.

13.95.040    Application for permit.

13.95.050    Procedures for processing.

13.95.060    Public review and Planning Commission recommendation to Council concerning issuance of permit.

13.95.110    Granting of permit.

13.95.120    Reapplication after permit denial.

13.95.130    Challenge to approved permit.

13.95.140    Duration of permit.

13.95.150    Limitation of permit.

13.95.160    Inspection.

13.95.170    Civil penalty.

13.95.180    Constitutionality.

13.95.010 Regulation of the extraction and exportation of groundwater from the City of Mt. Shasta in Siskiyou County.

(A) The groundwater underlying the City of Mt. Shasta in Siskiyou County has historically provided the people and lands of the City of Mt. Shasta with water for agricultural, domestic, municipal and other purposes.

(B) The Council 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 City of Mt. Shasta, Siskiyou County, and the public benefit of the State that the groundwater resource of the City of Mt. Shasta be protected from harm resulting from the extraction of groundwater for use on lands outside the City and/or County, until such time as needed additional surface water supplies are obtained for use on lands of the City and/or County, or overdrafting is alleviated, to the satisfaction of the Council.

(D) Much of the economic production of the City depends upon the use of groundwater.

(E) The groundwater of the City of Mt. Shasta also provides a significant amount of water for domestic uses throughout the City.

(F) The groundwater of the City of Mt. Shasta has been and will continue to be a vital part of the economic well-being and stability of the City.

(G) Because of the need for increased water supply to meet future needs within the City, 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 City’s groundwater supply and quantity be preserved.

(H) The City will undertake as resources permit to develop a City water plan to more specifically address water availability, needs and usages in an attempt to foster prudent water management practices to avoid significant adverse overdraft related environmental, social, and economic impacts.

(I) The City will coordinate its water plan with that of Siskiyou County to the extent necessary.

(J) It is essential for information gathering and monitoring purposes, and for the protection of the City’s groundwater resources, that the City adopt a permit process addressing the extraction of groundwater for use outside of the City and/or County.

(K) In adopting and codifying the groundwater management ordinance codified in this chapter, the City does not intend to limit other authorized means of managing the City of Mt. Shasta or Siskiyou County groundwater, and intends to work cooperatively with interested local agencies to further develop and implement joint groundwater management practices. (Ord. CCO-11-05 § 40, 2011; Ord. CCO-98-05, 1998)

13.95.020 Definitions.

(A) “Aquifer” means a geologic formation that stores, transmits and yields significant quantities of water to wells and springs.

(B) “Council” means the City Council of the City of Mt. Shasta.

(C) “Commission” means the City of Mt. Shasta Planning Commission.

(D) “County” means the County of Siskiyou.

(E) “Director” means the City of Mt. Shasta Planning Director or his designee.

(F) “District” means a district wholly or in part located within the boundaries of the City, which is a purveyor of waters for agricultural, domestic, or municipal use.

(G) “Groundwater Management Act” means Cal. Water Code § 10750 et seq.

(H) “Groundwater” means all water beneath the surface of the earth within the zone below the water table in which the soil is completely saturated with water, but does not include water which flows in known and definite channels.

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

(J) “Hydraulic gradient” means the slope of the water table.

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

(L) “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.

(M) “Percolation” means the movement of water through the soil to the groundwater table.

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

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

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

(Q) “Recharge” means flow to groundwater storage from precipitation, irrigation, infiltration from streams, spreading basins and other sources of water.

(R) “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 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.

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

(T) “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.

(U) “Transmissivity” means the rate of flow of water through an aquifer.

(V) “Usable storage capacity” means the quantity of groundwater of acceptable quality that can be economically withdrawn from storage.

(W) “Water table” means the surface or level where groundwater is encountered in a well in an unconfined aquifer.

(X) “Water year” means the year beginning March 1st and ending the last day of the following February.

(Y) “Zone of saturation” means the area below the water table in which the soil is completely saturated with groundwater. (Ord. CCO-98-05, 1998)

13.95.030 Permit required for export for use outside the City.

It shall be unlawful to extract groundwater underlying the City, directly or indirectly, for use of that groundwater so extracted outside City and/or County boundaries, or use that groundwater so extracted to replace water transported outside City and/or County boundaries, without first obtaining a permit as provided in this chapter. This chapter shall not apply to the extraction of groundwater:

(A) For use within the City’s boundaries of a district which is in part located within the County where such extraction quantities and use are consistent with historical practices of the district; or

(B) For extractions to boost heads for portions of district facilities, consistent with historical practices of the district; or

(C) For bottling and/or transporting bottled water by a commercial bottling water enterprise. This exemption for commercial bottled water does not create an exemption for water that is extracted and exported for bottling at a location other than in the City of Mt. Shasta and/or Siskiyou County. (Ord. CCO-98-05, 1998)

13.95.040 Application for permit.

An application for a permit shall be filed with the Director on forms provided by 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 Council. (Ord. CCO-98-05, 1998)

13.95.050 Procedures for processing.

(A) Within 10 calendar days of filing of the permit application, or as soon thereafter as practicable, the Director shall publish notice in a newspaper of general circulation in the City of Mt. Shasta and post a notice on the City public bulletin board that an application has been filed, shall send a copy of the notice to the City Council, Board of Supervisors, the districts and cities within the County and to any interested party who has made a written request to the Director for such notice within the last 12 calendar months. The Director shall review the application to determine whether it is complete for purposes of proceeding under the City guidelines adopted pursuant to the California Environmental Quality Act requirements.

(B) The Director may review the matter of the application with the affected City departments, County departments, with the staff of the State Department of Water Resources, with the staff of the Regional Water Quality Board – Central Valley and North Coast Regions, 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 45 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 City guidelines. All costs of the environmental review shall be the responsibility of the 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 recommendations, the Commission shall immediately set a public review on the issuance of the permit which shall be noticed pursuant to Cal. Gov’t Code § 6061 and may not be held within 15 days of the time that the Commission receives the recommendation from the Director. (Ord. CCO-98-05, 1998)

13.95.060 Public review and Planning Commission recommendation to Council concerning issuance of permit.

Formal rules of evidence shall not apply to the public review of the application, but the Commission may establish such rules as will enable the expeditious presentation of the matter and relevant information thereto. At the Commission’s 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 Commission to make the required findings. The Commission may request any additional information it deems necessary for its decision, the cost of which, if any, shall be borne by the applicant. The Commission shall also hear relevant evidence presented by other interested persons and entities, the Director, other City and County staff, and the public. The Commission 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 make a recommendation to the Council as to whether the extraction will not cause or increase an overdraft of the groundwater underlying the City, will not adversely affect the long-term ability for storage or transmission of groundwater within the aquifer, will not exceed the safe yield of the groundwater underlying the City and/or the County, and will not otherwise operate to the injury of the reasonable and beneficial uses of overlying groundwater users, is otherwise in compliance with Cal. Water Code § 1220, or will not result in an injury to a water replenishment, storage, or restoration project operated in accordance with statutory authorization and shall recommend to the City Council whether the permit should be granted and what appropriate conditions should be imposed 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 City. (Ord. CCO-98-05, 1998)

13.95.110 Granting of permit.

Upon receipt of the Planning Commission’s recommendations, the City Council shall immediately set a public review on the issuance of the permit, which shall be noticed pursuant to Cal. Gov’t Code § 6061, and may not be held within 15 days of the time that the Council receives the recommendation of the Commission. At the Council’s consideration of the application, formal rules of evidence shall not apply and the Council may establish such additional rules as will enable the expeditious presentation of the matter and relevant information thereto. At the Council’s review, the applicant shall be entitled to present any oral or documentary evidence relevant to the application, shall also hear relevant evidence presented by other interested persons and entities, the Director, other City and County staff, and the public, and the applicant shall have the burden of proof of establishing the facts necessary for the Council to make the required findings. The permit may only be granted by the Council if a majority of the total membership of the Council finds and determines that the extraction will not cause or increase an overdraft of the groundwater underlying the City, will not adversely affect the long-term ability for storage or transmission of groundwater within the aquifer, will not exceed the safe yield of the groundwater underlying the City and will not otherwise operate to the injury of the reasonable and beneficial uses of overlying groundwater users, is otherwise in compliance with Cal. Water Code § 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 Council 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 City. Permits for extraction of groundwater, other than where extraction is a part of a groundwater replenishment program, shall limit groundwater extraction to no more than the demonstrated reasonable historical use or in an amount not to exceed what is required to maintain the public health, safety, and welfare of the people of the City of Mt. Shasta, whichever is less. Other conditions in the permit may include, but are not limited to, requirements for observation and/or monitoring wells. Notwithstanding the foregoing, the City Council may issue the permit if the Commission finds that the applicant has provided for mitigation which will offset any adverse effect that is determined to exist. (Ord. CCO-98-05, 1998)

13.95.120 Reapplication after permit denial.

Reapplication for a permit which has been denied 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. CCO-98-05, 1998)

13.95.130 Challenge to approved permit.

(A) Any interested party or public entity may challenge the continuation of the Council 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 this permit:

(a) Causes or increases an overdraft in the basin, or

(b) Brings about or increases salt water intrusion, or

(c) Adversely affects the long-term ability for storage or transmission of groundwater, etc., or

(d) Exceeds the safe yield of the groundwater, or

(e) Operates to the injury of the reasonable and beneficial uses of overlying groundwater users, or

(f) Is in violation of Cal. Water Code § 1220, or

(g) 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 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 12 months, and also the County, districts and cities within the County which have boundaries overlying or immediately adjacent to the location of the permitted extraction. The Commission’s 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 extracting the groundwater. (Ord. CCO-98-05, 1998)

13.95.140 Duration of permit.

All permits shall be valid for a term set by the City Council, not to exceed three 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 Council, 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-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 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 Council after a hearing on a challenge to the permit. (Ord. CCO-98-05, 1998)

13.95.150 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 City will not be harmed by the extraction and exportation of groundwater outside the City’s boundaries. The permit in no way exempts, supersedes, or replaces any other provisions of Federal, State, and local laws and regulations including but not limited to Cal. Water Code § 1220, the Groundwater Management Act, and any actions provided for in California groundwater law, well drilling and maintenance or building permit requirements.

Upon the adoption of a groundwater management plan or similar plan affecting a particular groundwater basin or aquifer within the City of Mt. Shasta and/or Siskiyou County, as approved by the City Council and Board of Supervisors, any provisions of such plan or permit issued thereunder shall supersede the provisions of this chapter and permits approved hereunder, in the event of any inconsistency. (Ord. CCO-98-05, 1998)

13.95.160 Inspection.

The Director, with good cause, may at any and all reasonable times enter any and all places, property and enclosures, for the purposes of making examinations and investigations to determine whether any provision of this chapter is violated. (Ord. CCO-98-05, 1998)

13.95.170 Civil penalty.

The City may elect to proceed with a civil action against a violator, including injunctive relief. Any person or entity who violates this chapter shall be subject to fines of up to $5,000 per separate violation. A person shall be 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 each and every separate groundwater well with which any such violation is committed, continued, or permitted. (Ord. CCO-98-05, 1998)

13.95.180 Constitutionality.

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 Council 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. CCO-98-05, 1998)