HomeMy WebLinkAbout1859Ordinance IS59
AN ORDINANCE TO ADD C~iAPTER 31 TO THE
BUTTE COUNTY CODE RELATIVE TO GROUNDWATER
1
2
3
4
5
6
7
9
10
13
12
13
14
15
16
17
18
19
20
2~.
22
23
24
25
26 I
The Board of Supervisors of the County of Butte, State
of California, DD ORDAIN as follows:
Section 1. That Chapter 31 of the Butte County Code is
hereby added to read as follows:
§31-1. The Board of Supervisors does hereby find and
declare that the protection of groundwater within the county is
of major concern to the residents of the county for the protection
of their health, welfare and safety. The Board further declares
that the beneficial use of groundwater is of critical importance
to the economy of this county.
§31-2. The definitions set out in Section 31-2.1
through Section 31-2.26 shall apply to this Chapter.
§31-2.1. Aquifer -- a geologic formation that stores,
transmits, and yields significant quantities of water to wells
and springs.
§31-2.2. Artesian ~rlell -- a well. tapping a confined
aquifer in which the static water level stands above the top of.
the aquifer.
§31-2.3. Conjunctive Use, Conjunctive Operation --
the coordinated operation of a groundwater basin and surface water
supplies. 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withdrawn during years of below--average precipitation, when sur-
face supplies are less than normal. 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
'I
1 groundwater in years when surface water is not available.
2 §31-2.4. Connate Water -- 'crater entrapped in the
3 interstices of sedimentary rock at the time it was deposited. It
4 may have been. derived from ocean ar fresh water sources and,
~. typically, is highly mineralized.
g §31-2.5. Culture (Land Use} -- the land use or land
'~ cover existing under natural conditions or as modified by man.
8 §31-2.6. Groundwater ---- water in the zone of
9 saturation.. Groundwater is presumed to be percolating, although
10 it does occur in known and definite channels.
11 §31-2.7. Groundwater, Confined -- a body of ground-
12 water overlain by material sufficiently impervious to sever free
1~ hydraulic connection with overlying groundwater except at the
14 intake.
15 §31-2.8. Groundwater, Free (Unconfined) -- unconfin
16 water is found in the zone of saturation whenever the upper
1'7 surface of the zone farms a water table under atmospheric
18 pressure, free to rise and fall with changes in volume of stored
19 water.
20 §31-2.9. Hydraulic Gradient -- slope of the water
21 table.
22 §31-2.10. Hydrology -- the origin, distribution, and
23 circulation of water through precipitation, strearnflow, infiltra-
24 tiara, groundwater storage, and evaporation.
2S §31-2.11. Imported Water -- water transported into a
28 watershed from a different watershed. Native water is water .
-2-
~ naturally within a watershed.
2 §31-2.12. Mining -- pumping from groundwater bodies
3 greatly in excess of replenishment.
4 §31-2.13. Overdraft -- the condition of a groundwater
~ basin where the amount of water withdrawn by pumping exceeds the
g amount of water replenishing the basin over a period of time.
q Also as the point at which "extractions from~the basin exceed its
g safe yield plus any .temporary surplus."
g §31-2.14. Percolation -- the movement of water throng
10 the soil to the groundwater table.
~~ §31-2.15. Permeability -- the capability of soil or
12 other geologic formation to transmit water.
13 §31-2.16. Piezometric Surface -- the surface to
14 which the water in a confined aquifer will rise.
15 §31-2.17. Porosity -- voids or open spaces in alluvia
1g and rocks that can be filled with water.
17 §31-2.18. Recharge -- flow to groundwater storage
lg from precipitation, infiltration from streams, irrigation, spread
Y9 basins, and other sources of water.
20 §31-2.19. Safe Yield -- "'the maximum quantity of
21 water which can be withdrawn annually from a ground water supply
22 under a given set of conditions without causing an undesirable
23 result.' The phrase 'undesirable result' is understood to refer
24 to a gradual lowering of the ground water levels resulting even-
23 tually in depletion of the supply,"
26
3-
1 §31-2.20. Salt Water Intrusion -- the movement of
2 salt water into fresh water aquifers.
3 §31-2.21. Specific Capacity -- the volume of water
4 pumped from a well in gallons per minute per foot of drawdown.
5 §31-2.22. Spreading Water -- discharging native or
g imported water to a permeable area for the purpose of allowing it
? to percolate to the zone of saturation. Spreading, artificial
g recharge, and replenishment all refer to operations used to place
9 water in a groundwater basin.
ZO §31-2.23. Transmissivity -- the rate of flow of
I1 water through an aquifer.
12 §31-2.24. Usable Storage Capacity -- the quantity
13 of groundwater of acceptable quality that can be economically
14 withdrawn from storage.
15 §31-2.25. Water Table -- the surface where ground-
16 water is encountered in a well in an unconfined aquifer.
17 §31-2.26. Zone of Saturation -- the area below the
18 water table in which the soil is completely saturated with
19 groundwater.
20 §31-3. It shall be unlawful to conduct any mining f_or
21 water within this county, or for the owner of real property to
22 allow groundwater of any nature, or connate water, to be mined,
2~ where the water pumped is transported from the basin.
~ §31-[F. It shall be unlawful to pump groundwater of any
~ nature or description, or for a property owner to ahlow such
~$ pumping an his land, in order to use it or sell it outside the
area in which said pumping affects the natural available water
-4-
i
t .
~ supply without first obtaining a permit as provided in this
2 Chapter..
~ '§31-5. An application for a permit required in
~ Section 31.-4 shall be filed with the-Butte County Health Department
~ and a request for environmental review thereof shall be filed as
g required by county guidelines.. Upon receipt of said permit
7~ application, the Health Department shall review the application
g? with affected county departments including, but not limited to,
9` the Agricultural Commissioner and Planning Director. The Health
1p Department shall also review the application with the State
11 Department of Water Resources and the Regional Water Quality
12 Control Board. After obtaining the comments of the affected
13 county departments and the affected state agencies, the Health
l~ Department shall file a written report, accompanied by the
15 Environmental Director's review, with the Board of Supervisors,
1~6' with a copy to the applicant.' Upon receipt of such report, the
l`7 Board of Supervisors shall set a public hearing on the issuance
18 of the permit. Said hearing shall be noticed pursuant to
z9' Government Code §6061 and said hearing may not be held within
2a: 15 (fifteen} days of the time that the Board of Supervisors
21 receives the report from the Health Department.
22 §3l-~. At said hearing, the applicant shall be entitled
23 to present any relevant evidence to his application. The Board
~'~ may request any additional geologic studies it deems necessary to
~~ obtain im.formation required for its decision. The cost of such
~~ studies shall be borne by the applicant. The Board sha11 also
-5-
~~
u
1
2
3.
4
s
6
8
s
10
11
12
13 i
14
15
16
17
18
19
20
21
22
2~
24
2S
26
hear relevant evidence presented by the public and county staff.
-The Board shall consider all effects the proposed permit would
have, on the affected groundwater, and the affected aquifer or
`aquifers, including, but not limited to, the hydraulic gradient,
hydrology, percolation, permeability, piezometric surface,
porosity, recharge, safe yield, salt water intrusion, specific
capacity, spreading water, transr_missivity, usable storage capacity
water table, and zone of satura-~ion.
§31-7. The permit referred to in Section 31-4 may only
be granted where the Board, after having reviewed the aspects
referred to in Section 31-6, finds and determines that the permit
will not bring about an overdraft, will nat bring about salt water
intrusion, wi11 not adversely affect transmissivity within the
aquifer, and wi11 not adversely affect the water table. The
decision of the Board of Supervisors shall be final. The Board
shall impose such conditions upon the permit so as to prohibit
overdraft, and may impose conditions that it deems necessary for
the health, safety and welfare of the people of the County of
Butte.
§31-8. The permit granted pursuant to Section 31-5
sha11 be subject to an annual staff review. In the event the
Health Department determines that an overdraft is occurring
because of the conditions present, the permit may be amended by
order of the Health Department to decrease the amount of water
allowed to be pumped.
-6-
1
2
3
4
B
7
8
9
10
Said decision by the Health Department may be appealed to the
Board of Supervisors by the applicant or any other affected
persons.
Section 2. This urgency ordinance shall take effect
immediately upon its passage, and before the expiration of
fifteen (15) days after its passage shall be published once Frith
the names of members of the Board of Supervisors voting for and
against the same in the Chico Enter rise ~ a
newspaper in general circulation in the County of Butte, State
of California. The facts constituting such necessity are:
J.1
12
13
I.4
1. Because of severe drought conditions prevailing in
this area, it is necessary to protect our groundwater basins from
overdraft in order to protect the health, welfare and safety of
the citizens of this county.
1~
18
3.7
18
I9
20
2I
22
23
24
25:
26'
PASSED AND ADOPTED by the Board of Supervisors of the
County of Butte, State of California, on the 23rd day of_
August 1977, by the following vote:
AYES : Supervisors Lemke, Madigan, Moseley, Winston and Chairman Richter
NOES : None
ABSENT : None
NOT VOTING : None
ERNARD D. RICHTER, Chairman of the
Board of Supervisors
ATTEST:
CLARK A. NELSON, County Clerk and
ex-officio Clerk of the Board
By ~~G /~G~
-7-