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Ordinance No . 3869
AN ORDINANCE AMENDING THE BUTTE COUNTY CODE TO ADD CHAPTER 33A,
ENTITLED "GROUNDWATER MANAGEMENT."
The Board of Supervisors of the County of Butte ordains asl
follows
Section 1. Chapter 33A is added to the Butte County Code to read as
follows:
"33A-1 Legislative Intent
a. The Board finds that the protection of the
groundwater resource for beneficial use 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 and maintenance of
groundwater and protection. of recharge zones is of critical
importance to the economy and environment of the County.
b. The Board intends to ensure the continued
sustainability of groundwater quantity and quality within
the county.
c. The Board intends to protect groundwater quality
and prevent land subsidence.
d. The Board does not hereby intend to regulate,
outside of Chapter 33, the use of groundwater; unless
established Basin Management Objectives are exceeded.
Absent emergency circumstances, as determined by the Board
of Supervisors, the Board shall not consider changing any
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established Basin Management Objective until one year has
elapsed from the date of the establishment or Board
approved change to such Basin Management Objective.
e. It is essential far information gathering and
management purposes that the County maintain a monitoring
program addressing groundwater elevations, groundwater
quality, and land subsidence.
f. Tn adopting this groundwater management
ordinance, the Board does not intend to limit other means
of managing groundwater within the county authorized
elsewhere in statute or ordinance, and intends to work
cooperatively with local entities and the general public to
further develop and implement joint groundwater management
practices.
g. The lack of groundwater management may have the
following negative impacts, including, but not limited to:
1. Lowering of groundwater levels leading to
increased energy consumption, a potential decrease in
stream flows, the increased cost of deepening existing
wells, and the prospect that new wells shall need to be
deeper and more costly than would otherwise be required.
2. Damage to public roads, bridges,
subterranean infrastructure, canals and other structures
caused by land subsidence at substantial cost to the
public.
3. Depleting surface and subsurface flows
leading to the potential loss of wildlife, and critical
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terrestrial and wetland habitat.
4. Degradation of groundwater quality.
5. A degradation of property values and injury
to agricultural lands in Butte County.
h. Tt is the purpose and intent of this chapter to
establish an effective policy concerning groundwater that
wi11 assure that the overall economy and environment of the
county is protected. Through the adoption of this
Chapter, the Board of Supervisors seeks to protect the
health, safety and welfare of County residents and the
general public.
i. The Board does not intend, in adopting this
chapter, to determine whether any groundwater in storage
above established Basin Management Objectives is surplus
groundwater, to define surplus groundwater, or to impose
fees, assessments, charges or taxes upon County residents
and/or business owners.
33A~-2 Definitions.
a. "Aquifer" means a geologic formation that may
store, transmit and yield significant quantities of
groundwater to wells and springs.
b. "Basin Management Objectives (BMO}" means
groundwater elevations; groundwater quality, and land
subsidence criteria adopted by the Board of Supervisors for
the management of the Butte County groundwater resource
under the provisions of this chapter.
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c. "Board" means the Board of Supervisors of Butte
County.
d. °Commission" means the Butte County Water
Commission.
e. "County" means County of Butte.
f. "District" means any purveyor of water wholly or
partly within the boundaries of the county that provides
water for agricultural, domestic, municipal, or industrial
use.
g. "Department" means the Butte County Department of
Water and Resource Conservation.
h. "Extensometer" means an instrument for measuring
land subsidence.
i. "Groundwater" means all water beneath the surface
of the earth below the zone of saturation, but does not
include water which flows in known and definite subsurface
channels, as set forth in the case of Los Angeles v.
Pomeroy X1$99) 1.2~ Ca1. 597.
j. "Groundwater Management Plan" means a plan
prepared pursuant to the California Groundwater Management
Act (commencing with Water Code Section 1.0750 et. seq.).
k. "Land Subsidence" means the permanent lowering of
the ground surface caused by the inelastic consolidation of
clay beds in the aquifer system.
1. "Recharge" means flow to groundwater storage from
precipitation, irrigation, infiltration from streams,
spreading basins and other sources of water.
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m. "Technical Advisory Committee" means the seven
(7} person committee nominated by the Water Commission and
appointed by the Board as defined under Chapter 33.
n. "Water Advisory Committee" (WAC) means an
advisory body appointed by the Board.
33A-3 Actions.
a. Upon approval by the Board, Basin Management
Objectives shall be used to establish criteria for:
1. Groundwater elevations
2. Groundwater quality
3. Land subsidence
b. Compliance with the BMO shah. be determined by
evaluation of data collected from the groundwater level,
groundwater quality and land subsidence monitoring networks
established within each sub-inventory unit by the local
stakeholders. Evaluation of these data shall be the only
basis for determining compliance with the BMO. It is the
intent that the BMO levels be chosen to assure that the
overall economy and environment of each sub-inventory unit
within County is protected.
33A-4 Water Advisory Committee.
a. The Water Advisory Committee (WAC} shall be
appointed by the Board. The WAC shall be an advisory
committee comprised of area-specific members, with one
member appointed from each defined sub-inventory unit
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within the Sacramento Valley Groundwater Basin portion of
the county, and one each from the Foothill and Mountain
inventory units, as defined in, the 2001 Butte County Water
Inventory/Analysis report. Additional at--large members
shall be appointed; one from each incorporated municipality
in the County: Chico, Oroville, Paradise, Gridley and
Biggs; one from the agricultural community, one from the
environmental community and one from each organized
watershed group in the county. The operation of the
Water Advisory Committee shall be governed by bylaws
approved by the Board of Supervisors.
b. Sub-inventory Units.
1. Viza.a
2. M & T
3. Llano Seco
4. Durham/Dayton
5. Western Canal
6. Pentz
7. Esquon
8. Cherokee
9. Richvale
10. Thermalito
11. Biggs-West Gridley
12. Butte Sink
13. Butte
14. North Yuba
15. Angel Slough
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1.5. Chico Urban Area
c. The local representatives of each sub-inventory
unit shall be solely responsible for the development of the
Basin Management Objective for their sub-inventory unit.
d. Sub-inventory units may be added, modified, or
changed as deemed necessary by the stakeholders within the
sub-inventory unit. All modifications and changes shall be
reviewed by the WAC and approved by the Board.
33A-5 Appointments.
a. The Board shall consider all nominations for
appointment to the Water Advisory Committee that meet the
following criteria:
1. Candidates who reside, own property or have
their principle place of business within the sub-inventory
uzzit or entity which they would represent and are willing
to serve in a voluntary capacity; and
2. Candidates nominated by the citizens of the
Sub Inventory Unit.
b. Members of the WAC sha~.l serve a four-year term.
Terms shall be staggered by lot for two (2} years at the
onset and open to reappointment for consecutive terms.
33A-6 Basin Management Objectives.
a. Determination of the BMO: The process instituting
the BMO within each sub--inventory unit shall be established
within one (1} year following approval of this ordinance
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and incorporated into this ordinance by reference. The
individual sub-inventory unit BMO shall be initially
established, and re-established annually through input from
the sub-inventory unit stakeholders. The individual BMO
shall be approved by the Board at the first regular meeting
of the Board in April of each year. The Board's approval
of the BMO sha11 be based on:
1. Local sub-inventory unit stakeholder input; and
2. The recommendation of the Water Advisory
Committee and the Water Commission and
3. Monitoring data and existing conditions of
the aquifer system.
b. It is the intent of this chapter that there be
one countywide adaptive management plan, incorporating all
specific BMO determinations for the individual sub-
inventory units.
c . It is the .intent of the Board in adopting this
chapter that groundwater management practices based on the
established BMO criteria for one sub-inventory unit sha11
not result in exceeding the established BMO criteria in any
other sub-inventory unit.
d. In the event that sub-inventory unit stakeholders
do not initially establish or reestablish BMO criteria for
their sub-inventory unit, the Water Advisory Committee
shall establish BMO criteria for that sub-inventory unit
and submit it to the Water Commission and the Board of
Supervisors for approval.
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33A-7 Monitora.ag BMO Compliance.
a. Monitoring programs designed to detect changes to
groundwater elevations, groundwater quality and land
subsidence are the key to proper assignment of, and
compliance with, the BMO. The monitoring programs shall
measure select wells, identified by the local sub-inventory
unit stakeholders, to determine changes in groundwater
elevation and changes in groundwater quality, and land
subsidence. The County shall make available all
groundwater monitoring data through the Department website
in a timely manner.
33A-8 Monitoring Networks.
a. The monitoring networks used in the development of,
and compliance with, the BMO may include as many of the
following as are feasible: selected domestic and
irrigation wells from water districts, private owners,
municipal and industrial water suppliers and dedicated
monitoring wells. Individual sub-inventory unit
stakeholders may monitor additional wells for compliance
with the BMO. Participation in monitoring activities by
private landowners shall be on a voluntary basis.
B. Additional monitoring wells may be installed and
monitored by the local stakeholders for BMO compliance.
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33A-9 Monitoring Frequency.
a. Monitoring Frequency for Groundwater Elevations.
At a minimum, groundwater elevations shall be monitored
four times during the year; one measurement prior to the
irrigation season in March, two measurements during peak
groundwater use in July and August, and one measurement
following the irrigation season in October. All monitoring
data co~.lected by stakeholders sha11 be submitted to the
Department within thirty (30) days of collection.
1. Monitoring Frequency for Groundwater
Quality: The frequency of groundwater quality monitoring
shall be at a minimum of once a year during peak
groundwater use (July or August). The fallowing minimum
groundwater quality measurements shall be taken:
i. Groundwater temperature
ii. Groundwater pH
iii. Groundwater electrical conductivity
2. Within each sub-inventory unit, increased
frequency and location of groundwater quality monitoring
and monitoring constituents may be determined and conducted
by the local stakeholders. A11 monitoring data collected
by stakeholders shall be submitted to the Department within
thirty (30) days of collection.
b. Monitoring Frequency for Land Subsidence.
Land subsidence monitoring shall be conducted on a
continuous basis through the use of extensometers. Land
Subsidence may also be monitored by resurveying existing
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benchmarks in the sub-inventory unit area at a frequency
determined by the local stakeholders. A11 monitoring
data collected by stakeholders shall be submitted to the
Department within thirty {30) days of collection.
33A-10. Changes in Monitoring.
a. Changes in Monitoring Frequency.
If evaluation of the groundwater elevation, groundwater
quality, or land subsidence data indicate a need for
greater monitoring frequency, the local stakeholders may
make changes to the monitoring schedule once per calendar
year. Such changes, if made, shall be submitted to the
Department by April 1 of each year.
b. Changes in Monitoring Network.
If evaluation of the groundwater elevation, groundwater
quality standards, or land subsidence criteria data
indicates a need for a greater number of monitoring wells
or survey monuments, the local stakeholders may make
changes to their monitoring network once per calendar year.
Such changes, if made, shall be submitted to the Department
by April 1 of each year.
33A-11 Monitoring Protocol.
a. All data shall be collected and recorded through
methods generally accepted in the applicable scientific
field.
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33A-12 Review of Technical Data.
a. Standard methods for review and analysis of the
collected data shall be established by the Water Advisory
Committee. Such data shall be reviewed by the Technical
Advisory Committee and reported to the Water Commission and
the Board annually pursuant to established protocol.
b. During the irrigation season, the Technical
Advisory Committee shall review and analyze data for
compliance with the current BMO. During the non-irrigation
season, the focus shall be on review of BMO compliance for
the previous irrigation season and development of new BMO
criteria for the following year, if necessary. New BMO
criteria shall be developed by sub-inventory unit
stakeholders and presented at the first regular meeting of
the Board in April of each year.
1. The Department shall establish methods far
data collection, storage and dissemination. Methods for
collecting groundwater elevations, groundwater quality, and
land subsidence shall follow established quality assurance
and quality control guidelines.
2. The Department shall disseminate the
monitoring data through public presentations and through
Internet access on the Department website. At a minimum,
the Department shall publicly present findings from the
monitoring program on an annual basis to the Board of
Supervisors.
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33A-Z3 Actioa by Techn~.eal Ad~risory Committee.
a. All BMO noncompliance issues sha11 be resolved
through a collaborative process at the sub-inventory unit
level, if at all passible. However, in the event that an
area of SMO noncompliance is identified to the Department,
the Technical Advisory Committee sha11 investigate and
report to the Water Advisory Committee and Water Commission
the areal extent and magnitude of the non-compliance. This
information shall also be released to the public. This
report shall be made in a timely manner not to exceed
fourteen (14) days from the time that BMO noncompliance was
identified. The Technical Advisory Committee shall not
investigate and report any alleged or identified
noncompliance in any area until Basin Management Objectives
have been approved by the Board of supervisors in all sub-
inventory units within the area allegedly affected.
b. The Technical Advisory Committee shall then
collect all available pertinent hydrologic data and
investigate possible causes for the BMO non-compliance.
The Technical Advisory Committee shall recommend actions to
resolve the BMO non-compliance to the Water Advisory
Committee, Water Commission, and the Department. The
initial Technical Advisory Committee recommendations sha11
be made in a timely manner not to exceed thirty (30) days
from the time at which BMO non-compliance was reported.
The Technical Advisory Committee shall first make
recommendations that focus on resolving the BMO non-
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compliance through negotiations with all parties in the
impacted/impacting area(s).
33A-14 Action by Water Advisory Committee.
a. If the noncompliance cannot be resolved through
a collaborative process at the sub-inventory unit level or
through the review and recommendations of the Technical
Advisory Committee and if negotiations with parties in the
impacted area do not result in a timely and positive action
to re-establish BMO compliance within five {~} days, the
Water Advisory Committee may recommend a plan to the Water
Commission to modify, reduce or terminate groundwater
extraction in the impacted/impacting area(s). This action
shall only be taken on the recommendation of the Water
Advisory Committee after a thorough technical review of the
data."
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 6. Effective Date and Publication. This Ordinance shall take
effect thirty (30) days after the date of its passage. The Clerk of
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the Board of Supervisors is authorized and directed to publish this
ordinance before the expiration of fifteen {~.5) days after its
passage. This Ordinance shall be published once, with the names of
the members of the Board 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 10th day of February ,
2004, by the following vote:
AYES: Supervisors Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler
NOES : None
.ABSENT : None
NOT VOTING : None
R. EE E Chair of the
Butte County Board of Supervisors
ATTEST:
PAUL 1~lcINTOSH, Chief
Administrative Officer
and Clerk off, t Board
g:\ardinancelBivlO Ordinance Finaf.wpti
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