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Ordinance No. 3195
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~RDTNANCE AMENDING ORD~NANCE PROCLAIMING EMERGENGY
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AND IMP~SING TEMPORARY MORATORTUM ON ~SSIIANCE OF PERM~TS FOR
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CONSTRUCTING OR DEEPENING WATER WELLS
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WHEREAS, the Baard of Supervisors declared a moratorium on the
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drilling of certain new water we~1s by the adoption of Ordinance No.
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3155 and thereatter extended said moratorium by the adoption o~
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Ordinance Na. 3162; and
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WHEREAS, since the maratorium was declared, the Third District
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C~urt of Appea3s in the case of Baldwin v. County of Tehama~ ruled
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that the palice power of caunties ta regulate groundwater extraction
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and use has not been preempted by the State o~ Cal.ifornia and that
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counti.es have jurisdiction to regulate groundwater; and
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WHEREAS, the County, in co~peration w~.th the Butte Basin Water
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Users Association, individual Butte Basin Water Users Association
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members, and othe~s, is working on amendments to the County's wat~r
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we11 ordinance so as ta ~essan the individual and cumulative impacts
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on existing we1~.s and the environment af new water wel.ls which will
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be constructed or deepened after the temporary moratorium is repealed;
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and
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WHEREAS, conditions exist in the County which necessitate the
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contin~.ation of the temporary moratorium, however, provision should
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be made to allow the issuance of permits where ecanomic hardship or
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damage to agricultural lands can be shown by the applicant to the
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satisfaction of the Health Officer o~ Butte County.
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NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of Supervisars
af the County of Butte as follows:
1. That the fo~lawing be added as a new subparagraph 2e ta
Paragraph 2 of Ordinance No. 3162:
e. We~.ls which can be shown ta the satisfaction and
within the soZe discretion of the Heal.th Officer are
necessary to all~viate conditions of economic hardship or
damage to agricultural lands. The Health O~ficer shal].
impose such additional conditions on such permzts as are
necessary ta protect ground~aater resources and the
environment.
2. That this amendm~nt shall become effective immediately.
PASS~D AND ADOPTED by the Board o~ Supervisors of thE County
o~ Butte, State of California, an the 28th day of Marc _~ ~99~r
by the following vote:
AYES: Supervisors Dolan, Houx, '~homas and Chair McLaughlin
NOES : None
ABSENT: ~ugervzsor Meyer
NOT VOTING: i~one
fl ATTEST:
ti+V ~' y•• 1 r
ED McLAUGHLTN Chair of the
Butte County Board of Supervisors
J4HN S. BLACKLOCK , Chi.ef Administ~ative
Officer and Cle of th~ Board
By ~
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