HomeMy WebLinkAbout95-042RESOLUTION AMENDING RESOLUTION PROCLAIMING EMERGENCY
AND IMPOSING TEMPDRARY MORATORIUM ON ISSUANCE OF PERMITS
FOR CONSTRUCTING OR DEEPENING WATER WELLS
WHEREAS, the Board of Supervisors declared a moratorium on the
drilling of certain new water wells by the adoption of Resolution No.
94-105 and thereafter extended said moratorium by the adoption of
Resolution No. 94-x.31; and
WHEREAS, since the moratorium was declared, the Third District
Court of Appeals in the case of Baldwin v. Count of Tehama ruled
that the police power of counties to regulate groundwater extraction
and use has not been preempted by the State of California and that
counties have jurisdiction to regulate groundwater; and
WHEREAS, the County, in cooperation with the Butte Basin Water
Users Association, individual Butte Basin Water Users Association
members, and others, is working on amendments to the County's water
well ordinance so as to lessen the individual and cumulative impacts
on existing wells and the environment of new water wells which will
be constructed or deepened after the temporary moratorium is repealed;
and
WHEREAS, conditions exist in the County which necessitate the
continuation of the temporary moratorium, however, provision should
be made to allow the issuance of permits where economic hardship or
damage to agricultural lands can be shown by the applicant to the
satisfaction of the Health Officer of Butte County.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of Supervisors
of the County of Butte as follows:
1. That the following be added as a new subparagraph 2e to
Paragraph 2 of Resolution No. 94-131:
e. Wells which can be shown tc
within the sole discretion of the
necessary to alleviate conditions of
damage to agricultural lands. The
impose such additional conditions or.
necessary to protect groundwater
environment.
the satisfaction and
Health Officer are
economic hardship or
Health Officer shall
such permits as are
resources and the
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2. That this amendment sha11 become effective immediately.
PASSED AND ADOPTED by the Board of Supervisors of the County
of Butte, State of California, on the 14th day of March , 1995,
by the following vote:
AYES: Supervisors Meyer, DoJ.an,Houx, Thomas and Chair McLaughla.n
NOES : None
ABSENT: Nave
NOT VOTING : None
ATTEST:
C
ED McLAUGHLIN, ha1.r of the
Butte County Board of Supervisors
JOHN S. BLACKLOCK
Officer and Cl k of the Board
By
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