title
Adoption of Conditions for Groundwater Wells in Focus Areas
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Requested Action(s)
recommendation
RESOLUTION: Request adoption of Resolution No. 8-2024 adopting conditions for any new groundwater wells or alterations to existing groundwater wells within focus areas.
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Financial Impact:
Unknown. Possible small reduction in potential tax revenue. Permit fees do not result in income, cost associated with any necessary environmental review will be passed to permitee.
Background Information:
The proposed resolution was initially presented to the Board in July 2024. Following the discussion, staff was directed to take a modified resolution to the Groundwater Commission for consideration. The resolution, as revised by the Commission, is being presented today.
Governor Gavin Newsom signed Executive Order N-7-22 into effect on March 28, 2022, paragraph 9. of which mandated the following:
9. To protect health, safety, and the environment during this drought emergency, a county, city, or other public agency shall not:
a. Approve a permit for a new groundwater well or for alteration of an existing well in a basin subject to the Sustainable Groundwater Management Act and classified as medium- or high-priority without first obtaining written verification from a Groundwater Sustainability Agency managing the basin or area of the basin where the well is proposed to be located that groundwater extraction by the proposed well would not be inconsistent with any sustainable groundwater management program established in any applicable Sustainability Plan adopted by that Groundwater Sustainability Groundwater Agency and would not decrease the likelihood of achieving a sustainability goal for the basin covered by such a plan; or
b. Issue a permit for a new groundwater well or for alteration of an existing well without first determining that extraction of groundwater from the proposed well is ( 1) not likely to interfere with the production and functioning of existing nearby wells, and (2) not likely to cause subsidence that would adversely impact or damage nearby infrastructure.
This paragraph shall not apply to permits for wells that will provide less than two acre-feet per year of groundwater for individual domestic users, or that will exclusively provide groundwater to public water supply systems as defined in section 116275 of the Health and Safety Code
As part of the GSP determination response, Focus Areas experiencing undesirable results were identified. If adopted, the resolution would require a study, at the sole cost of the applicant, to confirm groundwater extraction would not be inconsistent with the adopted GSP and would not decrease the likelihood of achieving sustainability. This resolution would also require the payment of the lead agency’s CEQA-related costs. This would be required for all wells that are not for the sole purpose of supplying domestic water or public supply as stated in the executive order.n