title
Conditions for Groundwater Wells in Focus Areas
end
Requested Action(s)
recommendation
Discussion and recommendation to the Flood Control Board of Directors on the draft resolution establishing conditions for new groundwater wells or alterations to existing groundwater wells in focus areas.
body
Financial Impact:
Click here to enter Financial Impact.
Background Information:
This item was originally presented to the Groundwater Commission on August 14. Following discussion, the item was continued to August 22, 2024.
The draft resolution adopting conditions for groundwater wells or alterations to existing groundwater wells was presented to the Board of Directors on July 15, 2024. Following discussion from the Board, Commissioners, and members of the public, the Board tabled the items for 90 days with direction to staff to bring the resolution to the Commission for revision. The Board is requesting updates from the Commission every 30 days.
Key requests from the Board of Directors meeting were:
• Clarify the definition of focus areas and how often they are reassessed
• Exemptions for in-kind replacement wells
Governor’s Executive Order N-7-22 mandates 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
c. (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