HomeMy WebLinkAbout01-073APPLICANT SCJB-CONTRACTS ASSOCIATED WITH
CHAPTER 33 OF THE BUTTE COUNTY CODE
WHEREAS, the groundwater within Butte County is a valuable resource to the
citizens of Butte County as well as the associated environment; and
WHEREAS, the citizens passed a groundwater protection ordinance by majority
vote in November 1996; and
WHEREAS, the groundwater protection ordinance has been codified as Chapter
33 of the Butte County Code; and
WHEREAS, the intent of Chapter 33 is to protect the groundwater resources for
all of the citizens within Butte County; and
WHEREAS, Chapter 33 regulates the extraction of groundwater for transfer
outside the county and the extraction of groundwater to be used in substitution for surface
water transferred outside the county under certain circumstances; and
WHEREAS, this type of transfer would require a contract between the applicant
and the purchasing entity; and
WHEREAS, this type of transfer, if organized with a water district acting as the
applicant on behalf of individual landowners, would require a contract between the water
district and such identified individual landowners; and
WFfEREAS, the County wants to provide assurances for protection against
cumulative impacts associated with a permit under Chapter 33; and
WHEREAS, the County wants to ensure that the provisions of Chapter 33 are
binding on all parties to a water transfer program including any sub-contracts with
potential applicants such as those with proposed water purchasers or individual
landowners;
RESOLUTION OUTLINING GUIDELINES FOR
NOW, THEREFORE,, BE I"f RESOLVED by the Board of Supervisors:
That the following guidelines be adopted regarding sub-contracts with applicants
for permits pursuant to Chapter 33 of the Butte County Code:
1) Any landowner that is involved in a bundled application under Chapter 33 is
bound by the terms of Chapter 33 with regard to groundwater pumping
curtailment by virtue of their participation in the bundled application.
2) Any contract between an applicant and individual landowners participating in
a project shall incorporate the terms of Chapter 33 by reference or by exhibit.
3) Prior to the issuance of a permit under Chapter 33, any applicant, water
district or other entity, acting on behalf~ofmore than one landowner, shall
provide proof that their contract with individual landowners participating in
the project, incorporates language to bind their project-associated pumping
activities to the terms of Chapter 33 and thereby the terms of the applicant's
submitted pumping curtailment program.
4) Any water purveyor, either seller or buyer, that is a party to a contract
associated with a permit pursuant to Chapter 33 is bound by the terms of
Chapter 33 with regard to groundwater pumping curtailment.
5) Any contract between an applicant and any water purveyor participating in a
project shall incorporate the terms of Chapter 33 by reference or by exhibit.
6) Prior to the issuance of a permit under Chapter 33, any applicant, individual,
water district or other entity, shall provide proof that their contract with all
water purveyors, either seller or buyer, participating in the project,
incorporates language to bind their activities to the terms of Chapter 33 and
thereby the terms of the applicant's submitted pumping curtailment program.
PASSED AND ADOPTED by the Butte County Board of Supervisors this
26th day of June 2001 by the following vote:
AYES: Supervisors Beeler, Dolan, I1oux, Yamaguchi and Chair Josiassen
NOES: None
ABSENT: None
NOT VOTING: None
2
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Curt siassen, Chair of the
Butt ,ounty Board of Supervisors
ATTEST:
JOHN BLACKLOCK
Chief Administrative Officer
And Clerk of the Boa -d