Receive a presentation from Yolo County Environmental Health on well permitting and updates to the temporary well permitting procedures, which were established to ensure compliance with Executive Order N-3-23, and direct Staff to return on February 13, 2024 for approval of updated temporary well permitting procedures. (No general fund impact) (Lindbo/Meneghetti/Sabatini) (Est. Time: 10 min)

On March 28, 2022, Governor Newsom issued Executive Order (EO) N-7-22 which required additional review and analysis of applications for groundwater well permits. On February 13, 2023, EO N-7-22 was replaced by EO N-3-23, although key elements of the original, in regard to well permits, were unchanged and are still in effect. Included in the EO are requirements that prior to issuing a new water well permit, all well permit applications must be evaluated by the County, and a determination must be made that:

The EO also requires that the YSGA provide written verification that the groundwater extraction by the proposed well would not be inconsistent with the Yolo Groundwater Sustainability Plan and will not decrease the likelihood of achieving the YSGA's sustainability goals for the Yolo Subbasin. The YSGA has adopted its own procedures to comply with these verification requirements and most recently adopted a final map depicting "Focus Areas," also previously referred to as “Areas of Special Concern” on November 20, 2023. The Focus Areas map identifies certain regions of the Yolo Subbasin where, in the judgment of the YSGA, supplemental information should be submitted to support the required EO well permit verification requirement. This Focus Area map was also presented to the Board of Supervisors on November 7, 2023. At that same November 20^th meeting, the YSGA Board of Directors also reviewed a draft technical memo prepared by West Yost with guidelines and evaluation criteria to describe what supplemental information may be necessary for new agricultural well permits in the defined Focus Areas. The YSGA Board directed staff to further review and refine the guidelines and evaluation criteria for hydrogeologist reports and meet with the YSGA's Drought Committee to prepare for the YSGA's Board meeting scheduled for January 22, 2024. The County cannot issue a new well permit subject to the EO without first receiving this required written verification from the YSGA and making the additional findings above.

Wells producing less than two acre-feet per year for individual domestic water use and public supply system wells are exempt from the EO. Monitoring wells or other wells not intended for extraction of groundwater, are also exempt from the EO well permitting procedures. The primary impact of the EO has been on agricultural, non-domestic well applications. 

The County's EO Permit Process and Proposed Updates:
In 2022, Yolo County Environmental Health (YCEH) worked with a hydrogeologist from Luhdorff & Scalmanini, Consulting Engineers ("LSCE"), to develop temporary well permitting procedures to address the EO requirements. These temporary well permitting procedures, referred to as a Technical Memo (TM), have been in use since December 20, 2022. YCEH and LSCE recently updated the TM (Attachment A) to incorporate feedback received on the TM and to reflect the requirements of EO N-3-23.  

LSCE's proposed changes to the TM (Attachment A) include:

YCEH has shared, and asked for feedback on the updated TM, with the Yolo County Farm Bureau, well drillers who work in Yolo County and other interested parties. The feedback received so far is shown in Attachments C-G. YCEH recommends returning to the Board on February 13, 2024 to allow for plenty of time for public input and allow for staff to review those comments with LSCE to determine if any further changes are needed to the TM per the request of several of those commenting requesting more time to review and provide feedback due to the holidays. In addition, the YSGA Board is expected to meet on January 22, 2024 to discuss its verification process, which discussion may result in additional information pertinent to the County's TM and whether any further revisions are warranted.

The number of agricultural well permit applications that YCEH received in 2023 was much lower than in previous years. In 2023, YCEH received a total of 23 well permit applications that required EO review, 19 of which were agricultural well permit applications. There were three (3) domestic well permit applications that required EO review due to the use of the well. Fourteen (14) of the applications received in 2023 have been issued a permit while the remaining 10 are either still under review by YCEH or on hold pending YSGA written verification. In 2022, YCEH received 59 agricultural well permit applications, 2021 YCEH received 72 applications, and YCEH received 38 applications in 2020. 

Staff has collaborated with the Yolo Subbasin Groundwater Agency whose members include all the water purveyors within Yolo County, the Yocha Dehe Wintun Nation, and the Yolo County Farm Bureau; the State Department of Water Resources; neighboring groundwater sustainability agencies; regional well drillers; and other interested parties.