HomeMy WebLinkAbout3155s
~~
I'
h
3
5
6
7
8
9
I !~
lI
I2
I3
I~
lei
15
ii
Iii
I~
np
~I
on I,
`?3
~,.,I
`?:~
'?~
_'i
~~ ~
Orda.nance No. 3155
ORDINANCE PROCLAIMING EMERGENCY CAUSED BY DROUGHT
AND IMPOSING TEMPORARY MORATORIUM DN ISSUANCE OF PERMITS FOR
CONSTRUCTING OR DEEPENING WATER WELLS
WHEREAS, depletion of the groundwater resources of the basin
would severely and adversely affect the population, natural resources,
and economy of the basin and of Butte County; and
WHEREAS, the Sacramento Basin is experiencing the fourth driest
of record which is occurring only one year after the 1987-1992
ht; and
WHEREAS, the State Department of Water Resources has declared the
Sacramento Basin "critically dry" as reported in the May 1, 1994 issue
of Report number 120 entitled Water Conditions in California; and
WHEREAS, increased groundwater pumping because of the critically
dry water year and for replacement of over 3.00,000 acre feet of
surface water transferred this year to the State Water Bank has
intensified pressures on the groundwater basin; and
WHEREAS, because of the water conditions, it is reasonably
anticipated that there could be a significant increase in applications
to construct new water wells or to deepen existing wells; and
WHEREAS, the cumulative impact of such new wells when added to
the existing increased pumping could have an adverse impact on the
groundwater basin including subsidence problems, and groundwater
quality degradation; and
WHEREAS, ongoing hydrological studies and an assessment of the
groundwater basin need to be completed in order to determine the safe
yield of the basin, the causes of its depletion, and the extent to
which new water well construction should be permitted; and
WHEREAS, Government Cade Sections 53019-53023 grants counties the
authority to exercise emergency powers to avert a "local emergency,"
defined by Government Code Section 8558(c) as the duly proclaimed
existence of conditions of disaster or of extreme peril to the safety
of persons or property within its territorial limits caused by
drought; and
WHEREAS, the temporary moratorium will be reviewed by the Board
of Supervisors monthly to assess the continued need for the
moratorium; and
WHEREAS, the imposition of this temporary moratorium is not
subject to CEQA because it is an emergency action taken to assure the
maintenance and in same geographical areas, the enhancement of a
valued natural resource, the Butte groundwater basin.
NOW, THEREFORE, IT IS HEREBY ORDAINED by the Board of Supervisors
of the County of Butte as follows:
1. That emergency conditions caused by drought are proclaimed.
2. That the health officer of Butte County is directed to cease
~ issuing permits for the construction or deepening of water wells until
hydrological studies and an environmental assessment are completed,
`~ with the following exceptions:
3
5
6
"r
8
9
l (1
it
12
13
1~
15
16
li
18
19
~~
n~
~~
`?:~
~,.~ ~I
`?5
~r,
'~
~~;
a. Public water supply wells, as defined in Chapter 23B,
Section 23B-2 (a) of the Butte County Cade;
b. We11s used to supply water only for domestic purposes;
c. Wells used to supply water far agricultural purposes '
when needed to replace or deepen a well with an existing permit ~~
under circumstances where there is not available surface water '
supply and there is no transfer of surface water contemplated by
the permit holder; or
d. Groundwater monitoring wells.
3. This ordinance is an urgency ordinance for the immediate
preservation of the public peace, health and safety, and shall take
effect immediately pursuant to Section 25123 of the Government Code
of the State of California. The facts constituting the urgency are
as specified in the "whereas" paragraphs above.
4. Before the expiration of fifteen (15) days after its
assage, this Ordinance shall be published once with the names of the
embers of the Board of Supervisors voting for and against it in the
nterprise Record, a newspaper published in the County of Butte, State
f California.
PASSED AND ADDPTED by the Board of Supervisors of the County of
utte, State of California, on the 13th day of September, 1994, by the
ollowing vote:
AYES: Supervisors Meyer, Dolan, Houx, Thomas and Chair McLaughlin
NDES : None
ABSENT: None
NOT V4T1NG : None
ED McLAUGHLIN Chair of the
Butte County Board of Supervisors
TTEST:
JOHN S. BLACKLO
Officer and Cle of the Board
gy i
wesztixrsoLVrnw...oRn