HomeMy WebLinkAbout94-105RESOLIITION PROCLAIMING EMERGENCY CAUSED BY DROUGHT
AND IMPOSING TEMPORARY MORATORIUM ON 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 year of record which is occurring only one year after the
1987-1992 drought; 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 100,000 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 Code 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 some geographical areas, the enhancement of
a valued natural resource, the Butte groundwater basin.
NOW, THEREFORE, IT IS HEREBY RESOLVED 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:
a. Public water supply wells, as defined in Chapter
23B, Section 23B-2(a) of the Butte County Code;
b. Wells 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. That this resolution becomes effective immediately.
PASSED AND ADOPTED by the Board of Supervisors of the County
of Butte, State of California, on the 13th day of September , 1994, by
the following vote:
AYES: Supervisors Meyer, Aolan, Houx, Thomas and Chair McLaughlzn
NOES : None
ABSENT: None
NOT VOTING: None
ATTEST:
ED McLAU HLIN Chair of the
Butte County oard of Supervisors
JOHN S. BLACK CK
Officer and i rk of the Board
By
WP521RESOL[J'I'AWELL.RES