Affirm continuing drought emergency and receive drought update. (No general fund impact) (Rinde/Carey)

Affirm continuing drought emergency and receive presentation from staff on drought response activities.

On July 27, 2021, the Board adopted Resolution No. 21-98 proclaiming the existence of a local drought emergency. Drought conditions have persisted since that time and the drought emergency continues despite recent storms. On October 19, 2021, Governor Newsom issued a proclamation extending the drought emergency statewide and further urging Californians to step up water conservation efforts as the western U.S. faces a potential third dry year.  

On March 28, 2022, Governor Newsom issued a new Executive Order (EO N-7-22) following the driest first three months of a year in the state’s recorded history. The Executive Order (EO) is provided as Attachment A to this staff report. Of particular interest to Yolo County is a provision that requires additional review and analysis of applications for new groundwater wells. Further information is provided below. The EO is effective immediately and orders, among other things, the following actions:

• The State Water Resources Control Board (SWRCB) consider adopting emergency regulations as follows:
  • Require each urban water supplier (i.e., the cities of Davis, Woodland, West Sacramento, and Winters) to submit a water supply and demand assessment to the State Department of Water Resources (DWR) by June 1, 2022;
  • Require that each urban water supplier that has submitted a water shortage contingency plan to DWR implement a 20% reduction in use;
  • Encourage 30% water use reduction if the drought lasts more than a year.
• The SWRCB consider adopting an emergency regulation banning the irrigation of “non-functional turf” (i.e. ornamental grass, though parks and playfields are proposed to be exempt).
• The SWRCB suspend certain regulations to allow streamlining of implementation of water conservation projects.
• The SWRCB “fast track” petitions and permits for activities that improve water conditions for anadromous fish species.
• Suspends any state or local ordinance, rule, policy, regulation, or law that prohibits or restricts the hauling of water for human consumption or sanitation.
• The SWRCB expand inspection activities and investigations into potential illegal diversions of water.
• Creates new review process for issuance of permits for wells in medium and high priority groundwater basins. Yolo County is a high priority basin:
  • Consultation with GSA. Counties may not approve a permit for a new groundwater well or alteration of existing well without a written verification from the affected Groundwater Sustainability Agency (e.g. the Yolo Subbasin Groundwater Sustainability Agency). The written verification must confirm that the proposed groundwater well:
    • location is generally consistent (not inconsistent) with the applicable Groundwater Sustainability Plan (GSP); and
    • will not decrease the likelihood of achieving the sustainability goals that the GSAs have developed under the Sustainable Groundwater Management Act (SGMA).
  • Permit Evaluation.  Counties may also not approve a permit for a new groundwater well or alteration of existing well unless it determines that the proposed well:
    • Is not likely to interfere with the production and functioning of existing nearby wells; and
    • Is not likely to cause subsidence that would adversely impact or damage nearby infrastructure.
  • Domestic (i.e., wells serving a single household) wells serving public water supply systems are not affected by this EO.

 
Since the issuance of the new EO, staff from Environmental Health, County Counsel’s Office, CAO, and Yolo OES along with staff from the Yolo Subbasin GSA have begun analyzing the EO requirements and collaborating on implementation processes. At this early stage it is estimated that new and pending applications for agricultural and/or large production well permits will be delayed by 15-30 days to allow staff time to undertake the groundwater agency verification process. There may be instances where a particular application takes longer than 30 days to review, due to the need for additional analysis or information from the applicant. However, new information and implementation guidance are being published on a near daily basis and the estimated delay may be subject to change. 

Staff will provide a verbal update to the Board on this EO, and other related drought issues, as follows: 

• Emergency Drought Response (Dana Carey, Yolo OES)
• Well Permit Coordination and Review Process (April Meneghetti, Environmental Health)
• Groundwater Conditions Update / Yolo Subbasin Groundwater Sustainability Agency (YGSA) Update (Kristin Sicke, Executive Officer, YGSA)

Staff have, and will continue to, collaborate with the YCFC&WCD, the YSGA, the Water Resources Association of Yolo County, all in-county water purveyors, the general public, and state and federal agencies.