HomeMy WebLinkAboutAgenda TRUCKEE DONNER PUBLIC UTILITY DISTRICT
SPECIAL MEETING
Friday, January 10, 1986
3:00 P.M. - T.D.P.U.D. Board Room
AGENDA
1. Call to order
2. Roll call
3. Public Input
4. CLOSED SESSION pursuant to Government Code Section 54956.9(c)
Discussion of whether to initiate litigation relating to the
Nevada County Groundwater Ordinance
5. RETURN TO PUBLIC SESSION - Consideration of response to Nevada
County Groundwater Ordinance
CERTIFICATION
I hereby certify that the foregoing agenda has been posted in the
District Office and Government Center, provided to the U.S. Post
Office and County Library for posting, mailed to the Directors and
interested parties, and personally delivered to the Sierra Sun on
January 8, 1986.
r
Peter L. Holzmeis er, District Clerk
EMORAN� DUM
CO TY COUN EL
. i6J.- COPIES To .
/ �` •N�+'
' he I.V;♦�•' .'aw+� • BOARD•_._.
MANAGER: �
Data November 270 1985
Tot The Honorable Board of Supervisors
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From Melanie K. wellner
Deputy County Counsel
"jccb Groundwater Ordinance
a
Attached is a revised, proposed Groundwater Ordinance contain-
ing yellow highlighting where changes have been made. At the
request of Truckee-Donner PUD, the reporting requirements have j
been changed to require submission of data once a year instead
of every month. The definition of "mining" and the-prohibition
against-mining have been re ved because those items appeared j
to cause.confusion and are not necessary to fulfill the psrpose
of the Ordinance. The stop order provision has been changed
to allow the issuance of a stop order only after 15 days notice
and a hearing. The Planning Department is authorized .to retain
an expert to assist in the permit process to be
by the County- Administrative Officer.
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14=:mjk.
cc: Tom Parilo
Peter Holzmeister,
Truckee-Donner PUD
Dr. John V. A. Sharp, Hydrologist
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CHAPTER X: WATER SUPPLY AND RESOURCES
Article 6. Groundwater Exportation and Mining
Sec. L-X 6.1 , Pufpose
The Board of Supervisors hereby finds and declares that the
protection of subterranean supplies of groundwater within the
County is of major concern to the residents of the County for the
protection of their health, welfare and safety and their
environment. The Board further declares' that the beneficial use
of these waters is of critical importance to the economy of this w
County. It is not the intent of this ordinance to affect thei
withdrawal or use of groundwater by an overlying landowner or
occupier which withdrawal is for domestic use or irrigation on they
overlying parcel. It is also not the intent of this ordinance to
regulate groundwater except that groundwater contained in iden-
tified groundwater aquifers. r
Sec. L-X 5.2 -- definitions
,-. For the purposes of this article, the following words and
phrases shall have the meanings respectively ascribed to them by
this section.
A. Aguifer . A geologic formation that stores, transmits and
yields significant quantities of water to wells and springs.
B. Conjunctive Use oniunctive ooeratio.. The operation of a
groundwater basin in coordination with a surface water reser-
voir system. One purpose is to artificially recharge a basin
during years of above-average precipitation so that
groundwater can be withdrawn during years of below-average
precipitation, when surface supplies are less than normal. :I
Conjunctive operation also refers to meeting the needs of an
area through the coordinated use of surface water during
years when it is available and groundwater in years when
surface water is not available. '
C. Director . The Director of the Planning Department of the �!
County of Nevada.
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D. Exnort of Groundwater : Removal of water from an identified i
groundwater aquifer by any means to anyplace outside the t'
immediate groundwater basin.
E. Eracturgd-Rock Groundwater: Water not contained in an iden-
tified groundwater aquifer but available from pockets in rock ,
fractures, cracks and fissures in subsurface rock formations
and/or mine shafts.
F. groundwater: Subsurface water contained within the zone of
saturation.
G. , roundwateg Basin. The geographic area underlain by an
identified groundwater aquifer, including recharge and dis-
charge areas. ._
H. groundwater Transport Facility. A pipeline, canal, or other
man-made conduit that can be used to transport water from the
immediate area of a natural groundwater basin.
I. pydrAglic Gradient. Slope of the water table.
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J. Hydrology. The origin, distribution and circulation of water
through precipitation, streamflow, infiltration, groundwater
storage and evaporation.
K. Identified_ Groundwater Aquifers:
1. Martis Valley (Truckee Valley) which groundwater-basin
shall be deemed to be that area underlying the Truckee
area in Eastern Nevada and Placer Counties and lying
within Sections One (1) through Five (5) inclusive and
Sections Eight (8) through Seventeen (17) inclusive, of
Township Seventeen (17) North, Range Sixteen (16) East,
K.D.M.; Sections Four (4) through Nine (9) inclusive
and Sections Sixteen (16) throug, ,Alghteen (18) in-
clusive, of Township Seventeen (17) North, Range
Seventeen (17) East, M.D.M.; Sections One (1) through
Five (5 ) inclusive , Sections Eight (8) through
Seventeen (17) inclusive, Sections Twenty (20) through
Twenty Nine (29) inclusive, and Sections Thirty Two
(32) through Thirty Six (36) inclusive, of Township
Eighteen (18) North, Range Sixteen (16) East, M.D.M.;
and Sections Four (4) through Nine (9) inclusive,
Sections Sixteen (16) through Twenty One (21) in-
clusive, and Sections Twenty Eight (28) through Thirty
Three (33) inclusive, of Township Eighteen (18) North,
Range Seventeen (17) East, M.D.M.; excluding any of the
above described Sections not within Nevada County.
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2. There are no other identified groundwater aquifers to
be included in this ordinance. This ordinance is not
to be construed to affect water contained in any other
aquifer other than that itemized in L-X 6.2.R.1 above,
any other fractured-rock groundwater area or iz ,. mine
shafts.
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L. AMR rtgd Water. Water transported into a groundwater basin
from a different groundwater basin. Native water is water
naturally within a groundwater basin.
H. Iand Use. The land use or land cover existing under natural
conditions or as modified by man.
��gp,�.x.,ur .. .. •tR
R Overdraft. The condition of -, groundwater basin where the
amount of water withdrawn by pumping exceeds the amount of
replenishment. .
O. Mrlving Land: A single parcel of real property directly
under which may be found either groundwater or fractured-rock
groundwater.
P. yercolation. The movement of water through. the soil to the
'groundwater table.
Q. Permeability. The capability of soil or other geologic
formation to transmit water.
R. 'giesome ,tic Sur-face. The surface to which the water in a
confined aquifer will rise.
S. Porosity. voids or open spaces in alluvium and rocks that
can be filled with water.
T. Recharge. Flow to groundwater storage from precipitation,
infiltration from streams, irrigation, spreading basins and
other sources of water.
U. Reolgnishment : Replacement of groundwater within * a
groundwater basin by recharge to the level which existed
prior to commencement of the extraction by the permittee.
Said replacement is to be measured as of June 1st of the year
following the permitted extraction.
v. ,Safe Yield . The maximum quantity of water which can be
withdrawn annually from a groundwater supply under a given
set of conditions without causing an undesirable result. The
phrase "undesirable result" is understood to refer to a
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gradual lowering of .the groundwater levels resulting even-
tually in depletion of the supply or contamination of the
remaining water.
W. 6Pecific Capacity. The volume of water pumped from a well in
gallons per minute per foot of drawdown.
X. 62readinq_Water. 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 .basin.
Y. Nell. A hole or shaft in the earth for the purpose of bring-
ing groundwater or fractured-rock groundwater to the surface
for any purpose.
Z: wter Table. The surface where groundwater is encountered in
a well in an unconfined aquifer.
AA. Zone of Saturation. The area below the water table in which
WV the soil is completely saturated with groundwater.
Sec.,,L-X 6.3 B12ortation of Water -- Unlawful Without Permit.
It shall be unlawful to export groundwater from•an identified
groundwater aquifer or to install any groundwater transport
facility to convey water from an identified groundwater aquifer
without first applying for and obtaining a permit as provided in
this chapter. No permit shall be required under this Chapter for
extractions from other groundwater sources, including water stored
or contained within sine shafts...,.,.,.._
Sec,, L_-X 6 JL Permit: Application
An applicant for the export of groundwater shall file its
application for a permit with the Planning Department and in that
application shall include the following data for the extraction
year ending on March 31st:
A. Location, maximum extraction rate, depth and all other infor-
mation required in the Water Well Drillers Report (Section
13750, California Water Code) of each well including observa-
tion wells owned or controlled by the applicant.
B. Location, estimated monthly extraction rate , and depth of
each well proposed for operations.
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C. Delineation of the time periods within Nevada County in which
each well is proposed for operation.
D. Description of the adverse environmental effects of the
extraction, by individual well , groups of wells ( if
applicable) , and by the applicant's entire operation.
E. Proposed or feasible use or change in related operations of
surface water, if any, including uses designed to mitigate or
eliminate the-adverse environmental effects described in (D)
above.
P. Intended beneficial use of the extracted groundwater and
related surface supplies, by individual wells, groups of
wells (if applicable) , and by the entirety of the applicant's
operation.
G. A description of any conjunctive uses and/or conjunctive
operations proposed to be utilized by applicant.
R. A description by quantification and location of each end use
of the needs of the applicant which the extraction is i
�,desfgned to meet.
1. A description of alternatives available to the applicant to j
meet the needs described in (G) above, including specifica-
tions and quantification of the alternative of water
conservation.
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Sec, L-X 6A Permit: P;ocess
The issuance of any permit required by Section L-X 6 .3 is a
'project' as defined by the California Environmental Quality Act.
Such applications shall be filed with the Nevada County Planning
Department, together with such environmental information as is
required by the Department. Upon receipt of said permit applica-
tion, the Planning Department may review the application with
affected County departments including, but not limited to, the
County Counsel , the Director of Transportation, the Agricultural
Commissioner, the Director of Environmental Health and the County
Health Officer . The Planning Department may also review the
application with any other agency which may be affected by the
project or which requests an opportunity to be heard. The
Planning Department shall be authorized to retain an expect '-in
hydrology to assess the applications and review the data provided-:-
by applicant. Any such consulting contract shall be executed•by-
the County Administrator on behalf of the County of Nevada.
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After obtaining the comments of the affected County depart-
ments and the affected State and Federal agencies, the Planning
Department shall file a written report , accompanied by the en-
vironmental review, with the Planning Commission of the County of
Nevada, with a copy to the applicant and shall set the matter for
public hearing . Said hearing shall be noticed pursuant to
Government Code Section 6061 and said hearing may not be held
until at least ten (10) days have passed from the time that the
Planning Commission receives the report from the Planning
Department. If, there are applicants competing for allocations
from the same identified groundwater aquifer , the Planning
Department shall have the right to consolidate the hearings on the
competing applications.
Sep-. L-Z616!!Ey dence_at Hearing. f
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The Commission shall hear relevant evidence presented by the
public and County staff. The Commission shall consider all ef-
fects the proposed permit would have on the affected groundwater,
the affected aquifer or aquifers and land use, including, but not
limited to, the hydraulic gradient, hydrology, percolation, per-
meability, piezometric surface, porosity, recharge, replenishment,
safe yield, specific capacity, spreading water, water table and
zone of saturation.
sec L-X 6" Conditions for Granting Permit.
The permit referred to in Section L-X 6.3 may only,be granted
where the Planning .Commission, after having reviewed the informa-
tion referred to in Sections L-X 6 .4 , 6 .5 and 6 .6, finds and
determines that the permit will not result in .osando if. The
Planning Commission shall impose such conditions upon the permit
so as to prohibit overdraft , shall specify the safe
yield p4 hWdes, and may impose conditions
that it dee;iso"becessary for the health, safety and welfare of the
people of the County of Nevada and to accomplish the protection of
the groundwater supply.
The decision of the Planning Commission may be appealed to
the Board of Supervisors within 10 days by the applicant or by any
other affected person. Said appeal shall be subject to the rules
set forth in Article 33 of Chapter II of the Land Use and
Development Code of the County of Nevada.
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Findings for approval of a permit shall be based on the
following standards:
A. The protection of Nevada County's citizens, environment and
, economy. This finding shall be given paramount consideration
over all other findings.
B. Correction or mitigation of observed significant environmen-
tal damage.
C. Maintenance of the groundwater table at a depth that will #
support natural vegetation and wildlife, minimize air pollu- i
tion and enable natural springs to flow.
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D. Maintenance of the groundwater table at a depth that will not
cause excessive drilling or pumping costs or other adverse
effects on other groundwater users.
E. Preservation of water quality.
F. Imposition, whenever feasible , of measures to avoid or
mitigate anticipated adverse environmental effects, including
but not limited to the use of surface water in Nevada County.
G. Satisfaction of the needs of the applicant, taking into
consideration the applicant's alternative sources of supply
and its ..conservation policies and practices.
H. Satisfaction to the extent feasible of the needs of the
agricultural sectors of Nevada County through the distribu-
tion of- water for local irrigation and to increase the
acreage-meted to agriculture other-than open range.
I. Reduction in the extent to which ground levels sink as a
consequence of groundwater extraction.
J. That groundwater resources are being managed to avoid waste,
unreasonable use, unreasonable methods of use or unreasonable
methods of extraction.
R. That no hazardous materials as defined in Sections 66680 and
-66685 of Title 22 of the California Administrative Code, as
amended , or Cal . OSHA Director ' s List of Hazardous
Substances , October 1982 and as amended , are being used
within 100 feet of the proposed extraction site.
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ecL_X fi-j- permit Dgratign, Annual_ RSvi2w and_M2dJJ_icagion.
The permit granted pursuant to Section L-X 6.3 shall expire
on March 31st of the subsequent year unless renewed prior to that
date. Said. renewal shall be automatic upon submission to the
Planning Department of a Notice of Intent to Continue Extraction
and payment of the annual fees pursuant to section L-X 6.11 by the
permittee prior to March 1st of the permit year and shall contain
the same conditions as established for the prior permit year .
However, if the Planning Department, in its annual review of the
permit prior to March 31st, determines that overdraft' is occurring €
or there are indications of other types of environmental, health
or safety detriment occurring, the permit may be amended by order
the Planning Commission after duly noticed public hearing to
decrease or discontinue the amount of water to be extracted. The }
Planning Commission shall base any modification of the permit on �
findings made pursuant to Section L-X 6.7 hereof. Extraction at
the previously set rate may continue during the pendency of any
modification proceedings.
Any decision by the Planning Commission may be appealed to
the Board of Supervisors within 10 days by the permittee or by any
other affected persons. Said appeal shall be subject to the rules
set forth in Article 33 of Chapter II of the Land Use and
Development Code of the County of Nevada.
Sec. L-x 6& Extraction Reports.
Every permittee, unless expressly exempted by the Commission,
shall , for -the term of that permit, render .atw�ekareports as
follows:
A. By the 15th of Jaummy of each year , a report listing each
well operated. the quantity of water extracted by each well
ea ng the preceeding calendar year; projected
amounts of water to be extracted from each well and from all
the extractor's wells inclusive for each month of the,sub-
sequentspermit year; and the use and location of use of the
extracted groundwater from each well and the related surface
water.
,sec. L-X ¢_l2_Epviro ental Monitoring.
Unless expressly exempted by the Planning Commission, each
permittee shall:
�^ A. Provide by the 15th of January of each year a record of water
level measurements taken each month during the preceeding
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calendar year in all operating and observation wells under
the control of the permittee. All measurements shall be made
in a manner approved by the Director.
B. Allow the Director or the Environmental Health Director to
analyze water quality samples taken from those wells and at
those. periods specified by the Director. All samples shall j
be taken in a manner approved by the Director.
C. Provide all other such reports as reasonably required by the ,
Director.
Sec, L-X 6.Ile Fees.
The Board of Supervisors by resolution shall adopt filing
fees and fees for the administration of the exportation permit
system. The administration fees shall be assessed annually s
against each permittee and shall be based on the actual cost to
administer the permit system, including maintenance of a
reasonable reserve.
62S:' L-x 6-AMIka Insgscti2n.
Tbe_Director or his or her representative, with good cause,
may at:wany and all reasonable times enter any and all places,
property* enclosures and structures , for the purposes of making
examinatims and investigations to determine whether any provision
of thus ,cbapter is being violated . Upon twenty-four (24) hours
notice@, . exporters shall make available to the Director of the
pev -_ i --ity Planning Department or his or her representative, at
the exporter's principal place of business or other convenient
location within Nevada County, the original of all logs, reports,
data, analysis of data, or other records maintained on their
groundwater and/or fractured-rock groundwater extractions.
Sec. L-X 6..s-s Stop Order .
In the event that an extraction is taking place contrary to
the terms of this chapter , the Director may give permittee 15 days'
written...notice of a hearing for the purpose of determining if a
stop order should issue. No further extraction shall take-place;.
after--the -issuance of a stop order until such time as the stop
order is removed by the Director .
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Sec. L-X 6.14 Violation: Civil Penalty.
Any permittee who violates any provision of this chapter,
whether or not a stop order has been issued, shall be subject to a
civil penalty not to exceed $500.00 per acre-foot of water unlaw-
fully extracted or $500 per day for each day of operation in
violation of this ordinance, whichever is greater.
6ec. L X 6.15 Violation: Criminal Penalty.
Any person who violates any provision of this chapter with
intent to do so, whether or not a stop order has been issued,
shall be guilty of a misdemeanor, punishable by fine not exceed-
ing $500.00 per violation, or by imprisonment not exceeding six
(6) months, or by both such fine and imprisonment; and any extrac-
tor shall be deemed guilty of a separate offense for each and
every day or portion thereof during which any such violation is
committed, continued, or permitted , and for each and every
separate well with which any such violation is committed, con- } '
tinned, or permitted; and for each such subject violation of day
or well, shall be subject to the same punishment as for the
original offense.
Sec. Severability.
If a court of competent jurisdiction holds this Chapter or
any of its provisions invalid, or application of this Chapter or
any of its provisions invalid as to any person, the remaining
valid portion&-of this Chapter and its valid application to other
persons shall continue in full force and effect, to the end, that
portions or applications held invalid shall be severable.
Sec.�L-X_6.12 AflAlicability.
The requirements of this ordinance shall apply to those
extractors who are exporting groundwater at the time of the adop-
tion of this ordinance but said extractors shall have 60 days from
the effective date hereof within which to apply for the required
permit.
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