HomeMy WebLinkAbout3847Ordinance No . 3847
INTEGRATED GROUNDWATER MANAGEMENT PROGRAM AND PLAN ORDINANCE
The Board of Supervisors of the County of Butte ordains as
follows:
Section 1. Chapter 24A is added to the Butte County Code to read as
follows:
24A-1 Introduction
(a} The groundwater underlying Butte County is an
essential natural resource and provides the people and
lands of the county with water for agricultural,
domestic, municipal, and other purposes. Section 2 of
the Land Use Element of the General Plan is entitled
"Resource Management." Section 2.1. is entitled
"Agricultural and Crop Land" and Policy 2.1.a provides
that: "[The County should] maintain agricultural crap
production as a major source of food, employment- and
income."
(b} Although the Butte groundwater basin is not a
critically overdrafted basin, groundwater within the
County has proven to be a limited and varied resource.
The continued health, safety, and welfare of County
residents all depend upon the prudent management,
regulation, and protection of that resource. To that
end, it is important that the County help coordinate
groundwater management programs and plans adopted by
various public agencies within the County, promote
cooperation, and provide a minimum and uniform standard
of groundwater protection within the County. Section 1.1
of the Land Use Element of the General Plan is entitled
"General Welfare" and Policy 1.1a of that section
provides that: "[The County should] provide for the
health, safety and well-being of the County`s present and
future residents."
24A-2 Authority
(a) Pursuant to California Constitution Article XI,
Section 7, the Board of Supervisors of the County has the
police power to legislate for the protection of the
health, safety, and welfare of the residents of the
County. Included within the police power is the
authority to regulate and manage groundwater within
County borders. The Board of Supervisors also exercises
extensive authority aver land uses within the County and
has responsibilities under the California Environmental
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Quality Act. Because of these authorities and
responsibilities, the Board of Supervisors and County
departments are in a unique position to coordinate and
cooperate with local. water agencies, water purveyors, and
groundwater pumpers within. County borders.
(b) In 1992, the State Legislature enacted AB3030, set
forth in Division 6, Part 2.75 of the California Water
Code (commencing with Section 10750)(hereafter referred
to as "AB3030") In 1995, the State Legislature amended
AB3030 by amending Water Code Section 10755.3,
acknowledging that counties are authorized to adopt
groundwater management ordinances. In order to avoid
conflicts, the County shall endeavor to coordinate this
Program and Plan with local agencies that have adopted
rules and regulations to implement and enforce their
AB3030 plans as required by Water Code Section 10753.9 (a)
in order to avoid conflicts.
24A-3 Purposes
(a} The purposes of this Program and Plan are as follows:
(1} To identify and implement on a comprehensive
and integrated basis, existing County ordinances and
land use planning policies and their applicability
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and effect on groundwater management and regulation
within the County.
{2) To protect the groundwater resources within the
County through the management and regulation of
groundwater pursuant to the County`s police power
and land use authority.
(3) To coordinate and cooperate with local water
agencies, purveyors and groundwater users within the
County.
(~) To provide a minimum and uniform standard of
groundwater protection within the County.
(b) The County shall participate in annual meetings to
coordinate groundwater programs as required by Water Code
Section 10755.3.
(c) Elements of this Program and Plan shall supplement
any adopted AB3030 plan within the County. Any conflict
between a provision or provisions of any such AB3030 plan
and this Program and Plan shall be determined on a case-
by-case basis. This Program and Plan shall control
unless otherwise determined by a vote of the Board of
Supervisors.
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24A-4 Program/Plan Elements
(a) The Butte County Groundwater Management Program
and Plan sha11 consist of the following elements and as
those elements may be amended from time to time:
(1) Water We11 Ordinance, Butte County Code Chapter
23B;
(2) Groundwater Conservation Ordinance, Butte County
Code Chapter 33;
(3} Applicable provisions of the Butte County
General Plan, including, but not limited to, the
Conservation Element;
(b) Any addition and amendment to an element shall be
adopted by action of the Board of Supervisors after
review by the Water Commission and input by the Butte
Basin Water Users Association and the public. Any
amendment to the Butte County General Plan shall be
subject to such other reviews and approvals required by
law.
(c) This Program and Plan shall constitute a
groundwater management plan adopted pursuant to state law
under Water Code Section 1745.10(a). A water user within
County borders that transfers surface water pursuant to
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Division 2, Part 2, Chapter 10.5, Article 4 of the
California Water Cade (commencing with Section 175) must
comply with this Program and Plan prior to replacing any
portion of the surface water transferred with
groundwater.
24A-5 Tmplementation and Enforcement
(a) Implementation and enforcement of Program/Plan
Elements shall be pursuant to the applicable County
ordinance.
Section 2. Severability.
If any provision of this Ordinance or the application thereof
to any person or circumstances is for any reason held to be invalid
by a court of competent jurisdiction, such provision shall be
deemed severable, and the invalidity thereof shall not affect the
remaining provisions or other applications of the Ordinance which
can be given effect without the invalid provision or application
thereof.
Section 3. Effective Date and Publication. This Ordinance shall
take effect thirty (30) days after the date of its passage. The
Clerk of the Board of Supervisors is authorized and directed to
publish this ordinance before the expiration of fifteen (15) days
after its passage. This Ordinance shall be published once, with
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the names of the members of the Berard of Supervisors voting for and
against it, in the Enterprise-Record a newspaper of
general circulation published in the County of Butte, State of
California.
PASSED AND ADOPTED by the Board of Supervisors of the County
of Butte, State of California, on the 25th day of
~rr~, , 2003 by the following vote
AYES: Supervisors Dolan, Houx, Josiassen, Xamaguchi and Chair Beeler
NOES : None
ABSENT : None
NOT VOTING : None
R.J. BEELER, Chairman of the
Butte County Board of Supervisors
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