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HomeMy WebLinkAbout96-088.•''o~~svp,~•'' 1;~~y,t7' yy' yyL+r~ *~ t w:y +~~ ;c~; ~. BOARD OF SUPERVISORS ~'k = ! *~ COUNTY OF BUTTE, STATE OF CALIFORNIA ~~i~ Q~U~+~~~~~ ~c'SO~Ltf1011 %~'~~. 96-88 RESOLUTION CALLING AN ELECTION: INITIATIVE ORDINANCE REGARDING REGULATION OF THE EXTRACTION OF GROUNDWATER WITHIN THE BUTTE GROUNDWATER BASIN WHEREAS, on June 17, 1996, a County-wide petition titled "Regulation of the Extraction of Groundwater Within the Butte Groundwater Basin" was submitted to the Butte County Elections Department by the proponents thereof, and, after examination of the signatures thereon, the County Clerk-Recorder-Registrar determined that the petition was sufficient; WHEREAS, on July 23, 1996, the Clerk-Recorder-Registrar certified the results of her examination to this Board; WHEREAS, this Board has determined not to adopt the initiative ordinance proposed by said petition and has determined instead to submit the ordinance to the County voters at the statewide general election to be held on November 5, 1996. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Butte, State of California, as follows: 1. The Board hereby calls an election to be held within the County of Butte on November 5, 1996, pursuant to Elections Code Section 9118. 2. The question to be submitted to the County voters at said election shall be: Shall the initiative ordinance regarding the "Regulation of the Extraction of Groundwater Page 1 Within the Butte Groundwater Basin", which ordinance is attached hereto as Exhibit A and incorporated herein by this reference, be adopted, which ordinance would establish a County Water Department and, with specified exceptions, require permits far the extraction of groundwater, said permits to be issued only in compliance with specified standards and with a Water Management Plan to be prepared? 3. Said election shall be consolidated with the statewide general election to be held on November 5, 1996. 4. Said election shall be held and conducted pursuant to the procedures specified in Part 3 of Division 10 of the Elections Code commencing at Section 10400. 5. Far the purposes of this election the "County voters" shall include all voters in the County, including voters in the incorporated areas of the County. 6. In accordance with Elections Code Section 13247, the County Clerk is authorized to abbreviate the above measure to be submitted to the voters of the County, to read as follows: Shall the initiative ordinance regarding "Regulation of the Extraction of Groundwater Within the Butte Groundwater Basin" be adopted, which ordinance would establish a County Water Department and, with specified exceptions, require permits for the extraction of groundwater, said permits to be issued only in compliance with specified standards and with a Water Management Plan to be prepared? YES [ ] NO [ ] Page 2 PASSED tiND ADOPTED at a regular meeting of the Board of Supervisors of the County of Butte, State of California, held on July 23, 1996, by the following votes: AYES: Supervisors Meyer, Dolan, Houx, Thomas and Chair rlcLaughl_n NOES : None ABSENT : None NOT VOTING :None ~~~~ '(~ , U ED McLAUGHLIN, hair Butte County Board of Supervisors ATTESTED: JOHN BLACKLOCK Chief Administrative Officer and the Clerk of 'the Board ~. By: ~ ., l waterinit.res Page 3 AN ORDINANCE TO REGULATE THE E?CTR ACTIQN OF GROUNDWATER 1VI~iHIN TIIE RIITIF GROUND~4 ATER BASIN Under the authority of the CaliRrrnia Constiuuion's assertion that the txople own the Stores' water, the counnnn law principle rrl Public Trost Doctrine, :rod the Doctrine oC Reasunahlc Use the people oC tic County of Butte do cnnsidcr this initiative: GROUN DW ATF.R EXTRACTION Seclipn_I O_I {) Declaryion of fin~ng@ and ourtxrse. The pcaple of Butte County do hereby find and declare as follaws~. (a) The groundwater basin of [he Ruttc Rnsin has historically supplied the people and land of Butte Cnunry with spring Ilow svaicr and a hieh waa•r talde, which has sustained vegetation and wildlife in an otherwise dry summer environment. (b) ~1-he groundwater basin of the Butte Basin forms a significant water resource of (he State n(Califomia, which must he managed in truss for the benefit of the State's entire population, and must f*e conserved so that it may he perpetually placed to the reasonable and hene(icial use o(all its laeeminl users. {c? The groundwater basin oC Bune County must he managed and olkrated for the maximum long~rmge Ixmetit of the em imm~~ent. as well as Gx nnmicipul and agricultural users, by removing and mitigating all adverse environmental effects caused by groundwater extraction and surface wafer divensinn by whatever (rasihle means are available. {d) In recent years the groundwater basin of the Butte County Basin has not been managed in consonance se~ith the liodings declared in (aL Ih). nod (c} ,tbnre. as a amsequence of which unnecessary and excessive drawdown of the groundwater table can occur together wide other adverse environntenml effects. Ben nt changes in u~aler policies have produced concerns over the security o(nmple wafer to avoid producing dciriment to the people, heahh, and ecnuunrv of Rte Coumc of Roue and lowering oC the water tails adding kr unreliaiility of local sununer water supplies for all uses which can lead In a Ions of vegc iaDon and inditeclly to a reduction in irrigated acreage and its economic brass. (e) Butte Coumy has a panmouN right and duty to govern the manngeniem and extraction of icsourccs svi tltin its junsdidiun in order ur protect the health, wcal~h, and safety o[ the citizens nF Bune County. (D In order to protect its people, environment, and economy, the Connty of Butte mull adopt n systematic regulminn of estrac lions Irmo dre gruundw~n•r hc~ in of Ruttc County. This regulation must consider environmental and economic factors in the area of origin :rod the area of use. coordinated use of surface and grotmdwaler resonrces, and the implementation of water conservation mrd other feasible preferred ahcrnatives io cxtrnction_ (g) To implemem the sysicnralic regulation of groundwater extractions, the County of Bune must undcnake the prepontiun nl :[ untcr management pion for both groundwater and the inherently imcgrated surface water resources of the Butte County Rnsin. Section I1)2t) De6nilions and Estahlishnirnta_ (a) "Director" means the Uireciut of the Rmte County Water Ueparnnenl. hetcbY astaMtshed I ~ enarmient of Uiis ordinance. Ihc~ Di« tax sill be n crr~illed hydrologist nppoinhd r,y the Board of Supervisors to serve tit its pleasure and will report to the (- ,i ~ A-L ~ aim ium.c CNi ~cer end starer C~+nvui ss'inn of the Count}' of Butte. The Director is empowered Io employ such staff as necessary and approved by the tt mrd of ~ufx•n r.~ ~rs_ thS "Administration of the exnad inn permit application" includes the processing and evaluation of all Ixrmit applicalinnc, inspcrtion o(thc rxecutian of Irnnds that hove been granted, the ~rfnnnnnce oC technical studies necessary to effectuate the purposcc o[ this chapter. the lx donnancc of pnrlcssirnml services necessary ~o execute the purposes of ibis chapter, and the preparntinn of n v.•ater management plan. (c) "Water Mamagcnunt Pled' refers a, a document to be prepared by the butte Cnunry Water Depurnnent in consuhmiuu with ~bc yA':ner Connnisciun noel approved by the Butte County Board o(Sultervisoes: the plan will address Qte extraction and allocation of the groundwni•r of fhc Rink Cooniy Rasta and the curn•Imive distribution of that balsa's surface water in consonance with the ^ndings and purposes of Scginn LOIt) n(Utis ordinance. The plan will li,nn the basis lire the approval, denial, and ! or terms and ennditions of each groundwater cxtrnction permit. RD "Water Commissior ~ of "Commission" refers to a board nppoimed by the. Ransil of Supervisors pursuunl to This ordinance. I~he Cnuunission shall he annposed of mcnibers all residents nC Rune County. Following the W:uershed Mmmgenrent format of represswauve satkrholdet s, the Board will :elves agricultural representatives for each of the foUtrwing :vats: cattleklniry, orchardists, rice, truck fnnn, raw and Held crops odicr drm rice. at Ic,rst half must he fatally dependent on ground water. l~he rcnwiming reprrsenhnives should he comprised of: forestry, encironmcnttd, teal estate dceclnpnicni, urh:nrklnnustlr user, recreation. dte Phuming Departmen4 n member Irom dre scicnlific artnumnily in Ag-ecology or groundwater, and am impartial citizens' political oversight gr~xgr. Each member of the Water Commission will be appointed for n term nC four years with the initial periods of appointment detennincd by lot tr> produce staggered terms. Members will serve no more Ihnn two consecutive terms. (c} "Person" means any person, firm, corporation, or governmental agency {except the United States government to the extent that Icdcral law preempts this ordinance) (D "Gnnmdwatcr" mc.ms all water conmined within the zone of saturation. (g) Butte County Gronndwater Basin" or "Butte County Rnsin° means the portion of that nyuifer hounded by the Sacrnmenhr River. the Cascade Range and Sierra Nevado Foothills, the Sneer Ruttcs and the Yuha River, it extends to and includes the Singer Creek and Pine Creek urea which la}s within Rove County. (h) `Ylnxmdwalcr rslrtdion" means removal of groundwaer by artificial means from the grnmdsvater basin. or reduction by nrtilicial means nl amoral recharge. from surface water iNu the groundwater basin or change in surface wafer diversions resuhing in diminished in0aws and recharge in the Basin. {I) "Well" mm~ns :my artificial excavation constmeted iy any method far the pmtpnse of extracting water from or injecting mater frog the underground, fur making tests or observations of underground cnnditimns, or any other wells whale regulation is necessary to fulfill the purpose of this chapter, l9dls shall nut indude~ I UiI and gas wells, except shoes wells converted to use as wafer wells; or 2. Wells used for the purpose oC a. Dewatering excavation during consrmdian, and h. Stabilizing hillside or earth embmtkmenls. 3. Test or exploratory holes for soil testing, mineral exploration; or seismic exploration where suds holes are less than iwcmy-five feet deep; and 4. f Idles or excavation for sot txrailmiun tests where such holes are Tess than ten feet deep. C, eclion 1.03b Water Management Plan end Ciroundw vet L_xtrnctton Standards. This nrdinnnce shall ttutborize the County of Bulls fo tmdermke fhc: pmparalinn o(n Water Management Piro for the gtawx3waa•rwd related surface water resources of the Ruttc' COUmy Basin and to develop groundwater extraction; standnnls. Both surface and groundwater will he included in the seder management plan to the extent that they arc imerdtangeable in teens of their use. 'T'he wrier management plan will identify and yuanlify the water trsources of the Bune Cnunry Groundwater Basin and will specify wafer use programs which are consistent with the health and welfare of the County's citizens and, to the extent IcasiMe, with the County's Innd use Plana and the needs of the patties holding water rights. the Water Management Flan and all permits and exemptions granted pursuant to this chapter, hr the extent feasible, shall be consistent with and shall implement the following gronndwatcr extraction standards. (a) "Chc pornmoum protection of Butte County's citizens, environment, and ecomm~y. (b) Correction ar mitigulion of observed significant environmental damage. (c) Maintenance ollhe groundwater table of a depth that will support nauval vegmatimt and wi Wlife, minimize stir-p++Ilutinn. and enable natural springs n+ Ilow. (d) Maintenance of the groundwater table al a depth that will not cause excessive drilling or pumping costs for groundu;ver na•rs. 'Phm table depth kr he recommended by the Winter Cauunission and approved by the Board of Su~rvisors consistent with historical levels. (c) Prescrv anon of grounda•atcr quality. (() hnposition, whenever feasible, o(measuras to avoid or mitigate atvicipnterl arh•erse environmental effects, including but nut smiled m the use of surface water in the Bune Conntv Groundwater Basin. (g) Satisfaction of the needs of the rxuactor, taking into consideration the extractor s alternative sources of suppi} miJ .'s coosar. ati ~ i:,sci.•: an'! prr,:bra developed in any i03Q plmts_ (h) Satisfaction tm the extent Ceasihle of the needs of the agricultural sector of Rune County tlvough the distribution of venter for Incal irrigation and to increase the acreage devoted to agriculture other than olx•n Hoge. (1) Reduction in the exrem to which ground levels sink nr any suhsidcnce as n consequence of groundwater extraction. (j} Coneiderntion of the needs and practices of all water users in the state. and the status of the state's entire water resources or potential development and use n( ncsv technologies along with the implementation of sustainable devclopntem policies. (k) Consideration of guidance received from governmenal agencies other than the applicant. (I) Resells and adequacy o(the extractor's environmental numitnring program. Section L63I Plan Process. The Director and his staff along with the 1Valer Commission nndlor consuhmvs roil) draft the R';Urr Manapentent Plan, the ('nnnnission still rrciea~ the document and hold public workshops, ;rod sli puhtle nxxifications as necessary. The Plan will he approved by (hc Ro;vd of Smpcrvisurs only alter the Connnission has completed (~ its rewicw and the Board has held puhlic hearings. Na mere shun nine (~){ months kill elapse he Preen the cnachnent of tills ordinance and pi r~centalion of :~ recommended plan kt the Boanl of Supervisors by die Water Connnission, unless the Beard of Snpervisors dclermines that tliere is good cause (or an rxtensinn of the time necessary Cor prepnting die Weler Management Plan. Nnl wifhsianding tits provisions of Section I t120(di, should the lx'mer Commission fail to present u nsonunrndcd plan m die Board of Supervisors within nine (9) months or within such extended time peeled ;tc they niay awhor{ze alter enachncnt of this ordinance, the t3ourd may remove mrd replan anp or all memFers of the Water Commission and establish a new lrulline for w;ner plan completion. Unce reannmended tst the Guard. du Plan am he mndi(ied as needed, het only as nalhori z_cd by the Board nC Supervisors after tltc appatpria~c puhlic hearings. Both the R'nicr Commission and the Gourd nFSupervisots may recommend modifications. Section LC)40 Permit. Nn tx rsnn, firm, corpnr ui~ n or gu acre menial agent}' (except an agency of the Unittd SIaI ~~ government to the ezienl fate cal law pieenipis this ordinance}, shall within the Butte County Gnwndsvafcr Bavn ex truer water Gom that basin by any arti(ionl rtu tins u~ilhnm firs) ohiaining a written pcrnm ac provided Rtt in this chapter Sectiop L(}ll Pennit;_~pf~,:u~,,n An cxtrnclor of ganinda'-atcr shall file its application for a permit io the Utredor of the E3uttc thorny wi~ater Department unl in Ihat npp6ca~ion shall include the follotefng data Cor the pumpiue pear ending an hl arch 31 of the yeor following the year of applicniinn. (a) Location, maximum esi racoon mte, depth and alI oihcr infonnalion required in the Water Well Drillers Report tSeclirnt 13750, California Wafer Code) o(cach well including observation scrlls mrncd or controlled by the extractor. WeIIs drilled before I)7(! where nn well drillers' report is avaflnhle will he repo rlal witll nnccdotnl in Connalion ns aeailnhlc (b) Location. planned ninnthly extrnctinn rate, and depth of each w~rll proposed k~r operations. Ic) Delineation of the time periods scithin the Butte County Groundwater Basin in which each well is proposed for ofx•rnion. (d) Iescripiion of (he adrerse encironnunial rC(er(s of tits exlrtcli~~. by individual well, groups of wells U! appficahlrl, and by Ihr extract or s smite npern~inm. (t) (r rptsed or fi•aslble ace of ch-mge in related olx rations of suttees w^ner, if any, inchuiing uses designed Iu mifigme or elioiin:me thu adverse enrinaunenial ells Is drscrihcl in {dl ahoy. tf) Intended heneccial use of the extracted groundwater and related snrpue supplies, by inliridual wells, groups of wells (if applicahlel, and by the entirety of the extractor's aperminn. (g) A description by yuantilicminn and location of each end use of the needs of the extractor which the extraction is designed to meet (h) A description aF ulternntives available to the extractor to meet the nerds described in (g} chore, including specifications and quantification of the nhern;uirc of u-else conservation Section I.Q~3Z Permit__Yrucess During Interco Perigtl. In the time period bcPceen the enact moot of this ordinance and Ihr final approval of the Water biunap_emem Plan, Butte County kill implement an interim permit pox ess idr groundwater punq>m}t. All persons extracting gnxmdu arse m excess of 2(HI 1 F per well nnisi cahoot the recess irv ytphc anon and dma as required under 5rct(on LO-11 of this orziinnncc u~ilhin thnty { 3tp days of nutificalion by the Department Nolificalinn shall he provided by puhhcouun In a newspaper nP f~rneral ciaulnfion in Bugs Connl} m I posline :rt the Courthouse in Ororille and the Coumy Services Bottling in Chico. Nu more than i6rec (3) weeks after rev ripi of the appbcatiuns, the flirenur mill rrcnnunend approval, denial, or upproeal with stipulated conditions nRhe permit to the Commission. Nu aonner ihtm three 131 weeks alter the nxeipi of the appHcntions. tits Commission will hold puhlic hcvings on aII ihttse applicnursns to extract groundwater which hale been iimela received Within two (2) aceks a(hr the dose of the hearings, the Commission shall issue its decision condition die grmniuv or conditir n;dly denying each application. l~ha• permits a-ill be. condtfionol pc ndmg completum of the W titer 1llanagement Plan. In reaching its derision the Commission shall he hound h}' tits smndaaLs set litrth in Section Lt)30 oboes. There will he no appeal from the interim decisions of the Commission. Seclrop I..OdI f cnnil. Process t11Jer Adojpirny< (l6ater Flan. --- _ Penns application tune shall be deednpcl by the Director, and shell Fe reviewcl and adjudirucl according to tlu fohuir{ng prncesc~ (al Not later than one mumh :diet tits adoption of the water managenicnt plan, and not Inter than Febru:uy I of each calendar ycnr ihercaltrr. the npplicml shall subnut to the R'aler hrparnncm firo f5! copies of its application for extradi n as described shove l~hc ry plication Porn shall he dcvelnpel hV the Dimcinr nod shall be made arml.thlr to all polemi,d npplic,mis. '1 he Uirecmr. for goad cause, may incmasc the mm~her of copies requirrcL (61 within three (;7 wnrkint+ d tys after the tune Cnr filling applic m ms has passed, the Director shall forward n ropy of each appliuUion. mgci her with a request fsr guidance nr <rnnmrnis, to the aliened county dcparnfients, and to requcs ling rntilies. (c) Upon receipt of the fxtnuit appfication. the Uirertor shell review the application with the aficcted county depnnmcnts. (rh Not Ialer than six (61 weekc after the date on which applications arc due, the Director shall prepare a recommendation Io the Cunmtission for approval, denial ondtor the cnforcemenl of sl>rcific moos mtd conditions of each groundwaer pumping permit application. The ITirector may reannutend Ihai the nplrlication be placed on a consent calendar. The Director's rcannmendatian shall be emrsislent with the groundwater m;magement plan and shall he based upon a review of hydrologic, cnairnnniental and economic cnnseyacnces of the proposed groundwater purnpiug. fe) Nn sniuter than eight t8) weeks after the date nn which applieatinns are due, the Bune County Water Commission will hold puhlic hearings on ;ill applications k~ extract gnnmdwan•r which pace bccm timely received. As soon as the time for filing applications has passel, and in nn stem less tlmn srs~en (7) days prior to This hearing, the applicants shall he noticed of puhlic hearings nn groundwater extraction applications and nnlires of these hearings and a desert ptinn of alI applications receirrd shall be puhlisherl in ^f Ienst one newspaper of general circulalimt in Bune Coumy, and posted in the Courlhuuse in Orovillc and the County Scrrires Building in Chien. and in public view adjacent io area where said extractions wmdd occur. U) AI the puhlic hearings conducted by the County Water Commission, the Director shall present his recommendations. The applicant, any af(eca•d tcdeml, state, or local agency, any person adversely affected by the application, and any citizens of the County of Butte may appear m testify, in welling or orally or both, in favor ar against the npplicotion_ The hearings will rcmni^ open Car a nmximmn n(two (21 weeks. (g? If :m application appears on the consent calendar rcenomtended by the Uirecmr and no member of the Commission objects, that application, without furhrr pnxcedings descrilxd in suhdivisinn (f) through {nQ of this section, shall heleemed approved. If any member of the Commission objects to an item nn the consent enlendar. ii shall he removed from that calendar and subject to the hearings and determination process of this section. (h) R'ithin there (3) weeks after IIre close of the hearings rirscnhed shorn, the Commission shall issue its dccisinn gutming, denying. nr cnndi6onally granting each application. A majority of the W.ner Commission shall be required to grmt or condilionnlly grant an appliruinn. In rendering its decision, the Commission shall he bound by the standards set forth in Section L030 above and the Water Management Plan. If a lxnnit is grmtled, iI shall designate Ihr each a-cIl the amounts of grouuchvater extraction authorised in the term of the permit. (I) Lt'ilhin fourteen (14) days after the Commission renders its decision, the applicam ar any lxrson adversely alit. -fed by ih<. applicaion, upon paymu: tit of a rensonahle fee set by resolution of the Board of Supervtsors, ins} appeal the Commission's decision kr the Board of Supervisors. Said npheal shall he in writing and shell specify in detail the grmmds on which the aplxul is ba cd. ~) No later than fourteen (I4} days after the filing of dre last of any appeals permitted by This section, the Beard of Supervisors shut l conduct a public hearing of any applications so appealed provided, however, that notice ni the time and plate of such hcumtg shall be provided at Ieasi seven (7) days in ndvnnec to the applicant and any person reyvesling such notice and by puhlicaiirnt in a newspaler ofgeneral circulation in Butte County, and posting al the Courthouse in Oroville and the County Services Building in Chico. Prier n, conunencemem of the hearing, the Boarcl may dismiss any appeal found Io he lacking in subsinnce. (k) The record of the Connnissinn 6caring shall be incorpointed as the record o(thc Board peering, although the Board may rdl witnesses if it so lesires, and shall receive oihcr icstimony or records prescnled to it. In determining each application, the Board of Supxrvisors shall he hound by the same standards that apply m the Q»muission as specified in suhdi eision (h) of this section. (I} The filing of an appeal puccunnl to this section shall not slay the decision of the Connnissidn being appealed, unless the Board of Sutx'rvisors fur good cause smtes in writing orders such a stay pending ire own determination o(dte uppbcatinn. pn) The Boartl shall hear the nplx alts) for not more than Pvo (2) weeks and render a final decision not more titan two (2J we •ks after the conclusion of its public heating. 'ihrce nffinnatice votes shall he required to modify, reverse, nr vacate the dccisinn of the Commission. Section 1 tW4 f (.Milt: Uuraiion F,ach permit for extinction issued shall be eifectice for u period not fn exceed t tic (I) Year umrmencing nn earlier than April Ist of each year. AO !'t'rolls slmll expiry on Rlarch i I st of the ndxcyucnt year, except those expressly exempted by the Crnnnussion SccUon 10.15 Fcrroit: Mndihcalion By tipGcalinn filed on M;ic I.-i August Ist, or Na ember Ist, t grumdwaiet t xtrador. <r the Itvector on his or her own motion, may seek mndificalion o(a lx emit in accorinnce wish the procedure nudined in Scuian (912 chore. A permit may he nuxiieed to increase or der reosc the amounts, Incalion, linres of extraction or use of groundwater. Section 1._050 Reports Exlrlction. Each gmunchvater extruror to whom a permit liar extra ban has been granted, waters expressly exempted by the Commission shall, far the terms of that permit, render monthly reports as followsr (a) Hy the ISth of each month of the permit year, a report listing each well olxrued~ the quantity of water extracted by each well during the preceding month; pn?jeered surounts of wafer to be extracted Gran each well and Gom all the extroctr>r's wells inclusive fer each month of the remainder of the permit year; and the use and location of use of the estmeted groundwater from each well and the related sndace water. Section LO51 Reu_orts: Environmenaa) Mgni[orin _ Unless expressly exempted by the Water Canunission. (a) F,ach groundwater extractor shall provide by the 151h of each month a record o(waier level measurements taken in the preceding month in all operating and observation wells under the control of the extractor. All measurements shall he mode in a manner approved by the Director. ih) Each gmunchvater extrachx shall allow the Director to analyze water quality samples taken from those wells and at those periods specified by the Director All samples shall he taken in a manner nppmved by the Director. (c) Each groundwater cxtraclor shall provide all other such reports as reasonably required by the Uirecror. Section I Ob0 Fees. The Board of Supervisors by nauhr6an shall adopt fees barred on Director recoutnrendutimn for administration of the extraction pernut system, which fees shall be assessed annually against each person, firm, corporation, or garermenlol agcncY (except an agerre:y of the t united Stales government to the extent that feller d law preempts this ordinance), which oecns or commis a well within the Buse County Groundwater Basin. "the ~ ~~inenis shall be based upon the number of acre Icet of pumped groundwater applied ti,r in the application, and shall only he used ter administration of the water mm~agcni+.ut plan and the gnnnxiwatcr extraction Ixnnit system, including nr.+intcnance a(a re.ason;rble rescrFe as eaahlished by the Board of Supervisors u, cover the casts of xhnunstennt~ the provisons of {his ordmane e.° fees shall hem 2 classes: lyre first cl us Ir r applications io str+et xvaier Inc local numicgrd and et unesiie. use, urvalley rr r uian il and uildlih enhancement, and local irrigatmn, pr+cidcd th n no sndace diversions are a(f fed. and it e s Daft clan far of+pli~ pions to exirxt w,ucr f r ~dI other us s. fees of ibc first da. s shall he set Imvcr than Cees a[ the second class, to unnpens:uc for the lower costs of evaluation and achninisienng applications mf the first cLrss. Any ices collected m ry he used to reduce well registration fees in the following yeacc for wells in class I. C hrss I tai- Any es tractor who m any year commencing April I extmete up to fitly (56) acre feet of water and devotes the extraction la his own rensonahle and beneficial ucc on ocrrly mg land wi~hin the Butte County groundwater basin and does not sell water to ar exchange wmer with any other user. Class Itbi~ AnY extractor who in anY year commencing April I extracts more than fifty (5f)) acre feel of water and devotes the extrreiion in his own reasonable and beneficial use on orcrlying land within the Finite County groundwater basin and does not sell water, transfer. nr exchange seater with any other user. Class 2: Anv extractor of water who does not wort the criteria for class I fa) or class I (b). Section L070 Exem Lion: General. Each of the Collowing extractors is hereby declared in he exempt Crom the reporting provision of Sections I IiSO and I I)5I, except tl~c initial registration of wells, well location. intended anunuu of annual extrnctimt, intended use, and location o(use of the groundwmer Class I(a) and Class I(b) After the initial Ming, Class I(a) users will he exempted from fees and annual application. Section IA71. Modilcation~ The Direcnx may recommend (urlher exenynions but only the Commission may gnutt further exenry+Gons. However the Director also may rccauuneod the removal of app exemption ambnria.ed by this chapter if he or she finds in writing that the extraction in qucetion or cumulative effect of exempted extractimns produced a significant negative effect an the rnru,rnment. Only the Conunissien awry remove an exemption and only then aflcr a duly noticed public. heating. Any person denied an exemption pursuant to ibis section may appeal said decision to the board of Supxrvisors which try a vote of three or m re meurfx,rs may gram the nppcul and declare the exemption. Section LO$Q Ips~ction. The Director or his or her represenlalire, with good arose, may at any and all rensonahle times enter any and all places, prolxny, enclosures and stmctures, for the puq~oses o(making examinations and investigations to determine whether any provision of this chaplet is tieing violated. Upon twenty-four (2A) hours notice, all exnoctors shall make availnhle to the Director of the Butte County Waicr Dejrvtrnemt oChis of her represenmtive, at the extractor's pnncipal place of business or other cmnvenient location within Bulls County, the original of all Inge, reports, data, analysis of date. or other recrn~ds maintained on their gmnndwater extractions. $ecfion 1.040 Violati~n_Stop Order. In the even) that an extraction is taking place contrary to tlic leans of this chapter, the Director may order the extraction stoppc d by posting a stop order al the site of the unauthorized extraction. No (urlher extraction shall take place aRer the posting of the stop order omit such time as the slap order is removed by the Director. Section I.IW Violnlipn: Civil PenaltK Anv extractor who violates anY provision of This chapter, whether or not a stop order has been issued, shall he subject to a civil penalty not to exceed SSO0.IX) per acre-foot of wafer unlawfidly extracted. Section 111)t Violation: Crinunal f'e_nalty Any person who vnrlates any provision nRhis chapter with talent to do so, whUher or not ~ slop order has been issued, shall be guitiy of a nusdemcanor, punishal le hp floe not exceeding 8500.00 prr violation, or by iutprisanmcnt not exceeding six (() months, or by bath such fiat and impnsoumenh and any extractor shall he deemed gailty of n separate o(Cense far each ;uul every day or portion themaf during which any cacti violation is conuniticd, a+minued, or permitted; and for each such suhjed violatirn of day nr well, shat) he subject to the same punishmem as [or the original o(fen;c. Section L20o Sevemhility: If a court mf eom(+eR•nt jurisdiction holds this Chapter mr any of its provisions immlid, or application of this Chapter mr am' of its provisions invalid as to any person, the remaining valid portions of this Chopier sort its valid application hr other persons shall cuniinae in fill force and effect. hr (he esrni Thai Section 7.0 Li1(i(7 is declared invalid because it establishes fees of two classes, chat Section shall he Then deemed reenacted to provide (or all fees to he of a single class. Section 1.2Q1 Amendments. "f he Bm;ud o(Su(+e rvisors may amend this ch;rpter or arty of its provisions following public hearings. Section L3tN) Water sales or transfers by any person, fine, corporation or government agency who anllrnets for a sale ur combination of water transfers in any one year period (permit time) involving mare than 10(1 AF rawer establish n bond with Butte County as administrator m he held for one (I) year past (tic end of s:de (permit) Year. If no injury, danmge, ar added exlxnse claims arc filed with the Director by the enel of the year following the sales the band will he returned. If a claim (s) is filed, the bond will he retained until final settlement has been established. Section 2. Upmn enactinem of This initiative the Clerk of the Roam of Supervisors will pursuant kr the California Environmental Quality Act of 1970 immediately file with the County Clerk of Butte County o negative declaration. The enadtneni mf this ordinance is nut subject of CEQA as it is an action taken to assure the mmmennnce of a valued natural resource of the Butte County Groundwater E3asin.