Regular-Community Services # 33.
Board of Supervisors
Natural Resources
- Meeting Date:
- 07/11/2023
- Brief Title
- Receive Drought and Groundwater Conditions Update
From:
Leslie Lindbo, Director, Department of Community Services
Staff Contact:
Elisa Sabatini, Manager of Natural Resources, Department of Community Services, x5773
Supervisorial District Impact:
Countywide
Subject
Receive update on the drought, current groundwater conditions, and well permits; confirm termination of local drought emergency proclamation. (No general fund impact) (Lindbo/Sabatini) (Est. Time: 40 min)
Recommended Action
Receive update on the drought, current groundwater conditions, and well permits; confirm termination of local drought emergency proclamation.
Strategic Plan Goal(s)
 |
Sustainable Environment -Quality and Quantity of Water |
 |
Flourishing Agriculture -Agricultural Preservation |
 |
Robust Economy -Rural Community Support |
Reason for Recommended Action/Background
Overview
This staff report and the accompanying staff presentation will include the following:
This staff report and the accompanying staff presentation will include the following:
- Discussion of Change.org petition requesting a moratorium on new agricultural wells for previously non-irrigated lands in Yolo County
- Review of U.S. Drought Monitor measurements specific to Yolo County from 2011 to present, and current status of drought
- Overview of modifications to the agricultural well permit process in response to drought conditions
- Dry well reporting, number of dry wells, and assistance provided
- Update on status and number of well permit applications/approvals
- Groundwater conditions update
- Yolo Subbasin Groundwater Agency’s “Areas of Special Concern”
Background
California is no stranger to a lack of rain and dry ground. Since 1895, the state has suffered through several extended periods of dry weather, some more severe than others. Its driest three-year period was from 1974-1977, including California’s driest winter on record from 1975-1976. Most recently, the state and County have been affected by prolonged drought from 2011 through 2016 and 2020 through 2023. The graphics shown below depict the measured dryness throughout the state over this time period.
California is no stranger to a lack of rain and dry ground. Since 1895, the state has suffered through several extended periods of dry weather, some more severe than others. Its driest three-year period was from 1974-1977, including California’s driest winter on record from 1975-1976. Most recently, the state and County have been affected by prolonged drought from 2011 through 2016 and 2020 through 2023. The graphics shown below depict the measured dryness throughout the state over this time period.
.png)
.png)
.png)
.png)
U.S. Drought Monitor and Current Drought Conditions
As shown above, the Drought Monitor for Yolo County, which reflected Extreme and Exceptional drought conditions in much of 2021-2022 while Yolo County's local emergency was in place, now shows no areas of drought. The U.S. Drought Monitor (USDM) is a map released every Thursday, showing where drought is and how bad it is across the U.S. and its territories. The map uses six classifications: normal conditions, abnormally dry (D0), showing areas that may be going into or are coming out of drought, and four levels of drought: moderate (D1), severe (D2), extreme (D3) and exceptional (D4). This map and classification system have been in use since 1999. It is produced by the University of Nebraska – Lincoln, in coordination with the National Oceanic and Atmospheric Administration (“NOAA”) and the U.S. Department of Agriculture (“USDA”). Precipitation (rainfall) plays a major role in the creation of the Drought Monitor, but the map’s authors consider many data sources. Some of the numeric inputs include precipitation, streamflow, reservoir levels, temperature and evaporative demand, soil moisture and vegetation health. No single piece of evidence tells the full story, and neither do strictly physical indicators. That’s why the USDM is not a statistical model; it is a blend of these physical indicators with drought impacts, field observations and local insight from a network of more than 450 experts.
Drought Status and Yolo County’s 2021 Emergency Proclamation
On July 8, 2021, Governor Newsom issued Executive Order N-10-21 which called on Californians to voluntarily reduce water use by 15%. On July 27, 2021, the Board adopted Resolution No. 21-98 proclaiming the existence of a local drought emergency. Drought conditions persisted, and 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. faced prolonged dryness. Since 2021, the Board has received periodic reports on drought conditions and affirmed the continuing local drought emergency through the first quarter of 2023.
Drought conditions have significantly eased, however, with record-setting snow and rainfall into 2023. On March 24, 2023, Governor Newsom rolled back certain provisions of the emergency that were no longer needed due to current water conditions, while maintaining other measures that support regions and communities still facing water supply challenges with Executive Order N-5-23. This Executive Order:
- Ends the voluntary 15% water conservation target, while continuing to encourage that Californians make conservation a way of life;
- Ends the requirement that local water agencies implement level 2 of their drought contingency plans;
- Maintains the ban on wasteful water uses, such as watering ornamental grass on commercial properties;
- Maintains orders focused on specific watersheds that have not benefited as much from recent rains, including the Klamath River and Colorado River basins, which both remain in drought;
- Retains a state of emergency for all 58 counties to allow for drought response and recovery efforts to continue.
- Preserves all current emergency orders focused on groundwater supply, where the effects of the multi-year drought continue to be devastating (including additional well permit review requirements);
Given the current conditions and the fact that Governor's Statewide emergency and portions of his drought-related emergency orders remain in place to protect groundwater supplies (e.g., additional well permit requirements discussed further below), conditions of extreme peril necessitating an emergency declaration are no longer in effect. Allowing the local emergency to expire pursuant to Government Code section 8630 will not jeopardize current drought funding for projects, nor does it eliminate the ability to access funding under the State's ongoing emergency declaration, nor does it preclude the Board from continuing to promote water conservation and groundwater sustainability efforts. As noted in the following sections, some dry wells remain, but we are not seeing increases on a County-wide basis as groundwater levels have improved with the record wet winter that would necessitate renewing the local emergency declaration County-wide. If conditions change and the Statewide emergency is no longer in place, the Board may consider adopting a new local emergency declaration.
Status of Dry Wells
Yolo County staff have documented 49 dry wells since 2021. The most recent dry well was reported in March 2023. Of these 49 reported dry wells, 21 wells remain dry as of June 20, 2023. Anecdotal evidence suggests that there are additional dry wells that were not reported to the County. Reasons for reluctance to report a dry well include, but are not limited to:
Status of Dry Wells
Yolo County staff have documented 49 dry wells since 2021. The most recent dry well was reported in March 2023. Of these 49 reported dry wells, 21 wells remain dry as of June 20, 2023. Anecdotal evidence suggests that there are additional dry wells that were not reported to the County. Reasons for reluctance to report a dry well include, but are not limited to:
-
Lack of awareness of the reporting system
-
Concern that a dry well report may lead to a “red tag” (County declaration of inhabitable conditions) on the residence
-
Concern that Child Protective Services may become involved if there is inadequate water available to a residence
-
Concern that immigration status may be brought into question
-
Concern that a landlord may evict due to a dry well report
-
Language barriers
-
Hesitancy to provide government with information
Dry Wells: Outreach to Residents
County staff and staff from the Yolo Subbasin Groundwater Agency worked with the State Department of Water Resources (“DWR”) to ensure the privacy/anonymity of the reporting party and location of the dry well. All County maps and data that are available to the public depict dry wells as a general location rather than a specific parcel. The Dry Well Heat Map shown below is an example of using general location rather than specific parcel. Further, County staff collaborated with the Yolo County Farm Bureau and Rural Innovations in Social Economics (RISE, Inc.), a non-profit public benefit corporation, to distribute multi-lingual postcards in 2021 and 2022 to residents and farm employees, providing instructions on how to report a dry well, assurances that privacy/anonymity would be protected, and outlining the various assistance available, including the County’s DWR funded “Dry Well Program” that provides both drinking water and domestic water for cooking and basic hygiene.
County staff and staff from the Yolo Subbasin Groundwater Agency worked with the State Department of Water Resources (“DWR”) to ensure the privacy/anonymity of the reporting party and location of the dry well. All County maps and data that are available to the public depict dry wells as a general location rather than a specific parcel. The Dry Well Heat Map shown below is an example of using general location rather than specific parcel. Further, County staff collaborated with the Yolo County Farm Bureau and Rural Innovations in Social Economics (RISE, Inc.), a non-profit public benefit corporation, to distribute multi-lingual postcards in 2021 and 2022 to residents and farm employees, providing instructions on how to report a dry well, assurances that privacy/anonymity would be protected, and outlining the various assistance available, including the County’s DWR funded “Dry Well Program” that provides both drinking water and domestic water for cooking and basic hygiene.
The map shown below, and provided as Attachment A to this staff report, shows the general location of reported dry wells. The size of the circle and the color hue represent the intensity of reports in a general location.
Figure 1: Dry Well Heat Map, June 20, 2023
.png)
Petition for Well Permit Moratorium on Previously Non-Irrigated Farmlands
On May 30, 2023, concerned residents in the Hungry Hollow area (north of Capay) created and circulated a petition on Change.org requesting that the County cease issuing new agricultural well permits on historically non-irrigated lands within the County. That petition has collected over 800 signatures as of July 3, 2023. The petition encourages proponents to submit comments to the Board, or attend the July 11, 2023, Board meeting in person to provide comments on future agricultural well permit issuance. Staff will describe the modifications to the well permit issuance process that have already been implemented in response to drought conditions in their presentation to the Board. Those modifications are further described below.
Modifications to Well Permit Issuance Process Due to Drought
On March 28, 2022, Governor Newsom issued Executive Order N-7-22. The EO includes a provision that requires additional review and analysis of applications for groundwater well permits in medium and high priority groundwater basins. Yolo Subbasin (nearly contiguous with County boundaries) is considered a “high priority basin,” as defined by the California Department of Water Resources. Domestic wells and public water supply system wells are exempt from the 2022 EO, so the primary impact of the EO has been on agricultural, non-domestic well applications.
Section 9a of the EO, now set forth in Paragraph 4a of EO N-3-23, requires Yolo County Environmental Health ("YCEH”) to obtain a written verification from the Yolo Subbasin Groundwater Agency ("YSGA") that the proposed well is not inconsistent with any sustainable groundwater management program established in the applicable Groundwater Sustainability Plan adopted by YSGA and will not decrease the likelihood of achieving a sustainability goal for the Yolo Subbasin.
Section 9b of the EO, now set forth in Paragraph 4b of EO N-3-23, requires that YCEH also make a determination that the proposed agricultural well is:
On May 30, 2023, concerned residents in the Hungry Hollow area (north of Capay) created and circulated a petition on Change.org requesting that the County cease issuing new agricultural well permits on historically non-irrigated lands within the County. That petition has collected over 800 signatures as of July 3, 2023. The petition encourages proponents to submit comments to the Board, or attend the July 11, 2023, Board meeting in person to provide comments on future agricultural well permit issuance. Staff will describe the modifications to the well permit issuance process that have already been implemented in response to drought conditions in their presentation to the Board. Those modifications are further described below.
Modifications to Well Permit Issuance Process Due to Drought
On March 28, 2022, Governor Newsom issued Executive Order N-7-22. The EO includes a provision that requires additional review and analysis of applications for groundwater well permits in medium and high priority groundwater basins. Yolo Subbasin (nearly contiguous with County boundaries) is considered a “high priority basin,” as defined by the California Department of Water Resources. Domestic wells and public water supply system wells are exempt from the 2022 EO, so the primary impact of the EO has been on agricultural, non-domestic well applications.
Section 9a of the EO, now set forth in Paragraph 4a of EO N-3-23, requires Yolo County Environmental Health ("YCEH”) to obtain a written verification from the Yolo Subbasin Groundwater Agency ("YSGA") that the proposed well is not inconsistent with any sustainable groundwater management program established in the applicable Groundwater Sustainability Plan adopted by YSGA and will not decrease the likelihood of achieving a sustainability goal for the Yolo Subbasin.
Section 9b of the EO, now set forth in Paragraph 4b of EO N-3-23, requires that YCEH also make a determination that the proposed agricultural well is:
-
not likely to interfere with the production and functioning of existing nearby wells, and
-
not likely to cause subsidence that would adversely impact or damage nearby infrastructure.
Counties across the State have taken different approaches to comply with Section 9b of the EO depending on the status of their respective groundwater basins. Many are requiring a report from a California licensed Professional Geologist with a Certified Hydrogeologist specialty certification.
Upon issuance of the EO, County staff from Environmental Health, County Counsel's Office, Natural Resources, and Yolo OES along with staff from the YSGA analyzed the EO requirements and collaborated on an implementation process for completing the Groundwater Sustainability Plan (GSP) consistency review for compliance with section 9a’s written verification requirements required for new wells, i.e., that the groundwater extraction by the proposed well would not be inconsistent with the 2022 Yolo Groundwater Sustainability Plan and will not decrease the likelihood of achieving the YSGA's sustainability goals for the Yolo Subbasin.
YCEH worked with a hydrogeologist from Luhdorff & Scalmanini, Consulting Engineers ("LSCE") to develop temporary well permit processing procedures to address the new EO requirements. These temporary procedures are described in the attached memo and process flowchart that LSCE prepared for YCEH (see Attachments B and C to this staff report). These procedures were presented to the Board of Supervisors on December 6, 2022.
Figure 2: Modified Well Permit Issuance Process
.png)
Upon issuance of the EO, County staff from Environmental Health, County Counsel's Office, Natural Resources, and Yolo OES along with staff from the YSGA analyzed the EO requirements and collaborated on an implementation process for completing the Groundwater Sustainability Plan (GSP) consistency review for compliance with section 9a’s written verification requirements required for new wells, i.e., that the groundwater extraction by the proposed well would not be inconsistent with the 2022 Yolo Groundwater Sustainability Plan and will not decrease the likelihood of achieving the YSGA's sustainability goals for the Yolo Subbasin.
YCEH worked with a hydrogeologist from Luhdorff & Scalmanini, Consulting Engineers ("LSCE") to develop temporary well permit processing procedures to address the new EO requirements. These temporary procedures are described in the attached memo and process flowchart that LSCE prepared for YCEH (see Attachments B and C to this staff report). These procedures were presented to the Board of Supervisors on December 6, 2022.
Figure 2: Modified Well Permit Issuance Process
Well Permit Update: January 2023 – May 2023
Agricultural Permits received since EO issued on March 28, 2022
*For pending agricultural well permits applications, 13 of the permit applicants have received YSGA verification, but the applicant still needs to submit additional information for YCEH to approve the permit.
Groundwater Conditions (Yolo Subbasin Groundwater Agency)
The YSGA recently compiled spring measurements from 62 Representative Monitoring Wells throughout the Subbasin. Groundwater levels hit their low point in September and have shown recovery (illustrated in the hydrograph below). Averaged recovery from Fall 2022 to Spring 2023 is 22 feet, which is approximately the same recovery that occurred Fall 1977 to Spring 1978.
When examining depth to water levels in 31 real-time groundwater monitoring wells, as of June 19, 2023, depth to groundwater levels are approximately 26 feet higher than last year at this time and approximately 22 feet higher than 2015 at this time.
Figure 3 - Depth to Groundwater by Season, June 20, 2023
.png)
The YSGA is relying on the groundwater elevations in the representative monitoring wells to assist in the written verification process for determining whether new agricultural wells are consistent with the adopted Yolo Subbasin Groundwater Sustainability Plan (Section 9a of the Governor’s EO). The YSGA is currently investigating whether additional analysis is required in Areas of Special Concern.
Areas of Special Concern and YSGA Grant Award
The 2022 Yolo Subbasin Groundwater Sustainability Plan has identified two Areas of Special Concern. These Areas of Special Concern are areas where trends in groundwater levels differ from the rest of the subbasin. The two Areas of Special Concern are roughly described as: (1) the general vicinity around the City of Winters and (2) the Hungry Hollow Area. In these two areas, there has been an emerging trend in some wells with declining levels. Further investigation is needed to determine the extent and cause of the declining water levels in the wells in these areas.
YSGA has received notice of DWR’s intent to award YSGA $7.8M in Sustainable Groundwater Management Act funding, of which $440,000 is specifically to perform a hydrogeologic analysis in the Hungry Hollow Area, which will become a template for analysis of other Areas of Special Concern. An additional $1.1 million of this grant is for the purpose of installing new real-time monitoring wells in areas of the County that currently have well data gaps.
Because of the continued land subsidence in the Yolo-Zamora area, the YSGA also considers Yolo-Zamora as an Area of Special Concern. Lastly, the YSGA is currently investigating the need to consider portions of the Plainfield Ridge as an Area of Special Concern.
| Permit Applications Received | Permits Issued* | Permits Pending* | Permits Denied* |
| Agricultural Wells | 7 | 4 | 0 |
| Domestic Wells | 9 | 4 | 0 |
*Of those received during this time period
Agricultural Permits received since EO issued on March 28, 2022
| Received | Replacement well | New well | Issued | Pending* |
| 67 | 22 | 45 | 36 | 31 |
Groundwater Conditions (Yolo Subbasin Groundwater Agency)
The YSGA recently compiled spring measurements from 62 Representative Monitoring Wells throughout the Subbasin. Groundwater levels hit their low point in September and have shown recovery (illustrated in the hydrograph below). Averaged recovery from Fall 2022 to Spring 2023 is 22 feet, which is approximately the same recovery that occurred Fall 1977 to Spring 1978.
When examining depth to water levels in 31 real-time groundwater monitoring wells, as of June 19, 2023, depth to groundwater levels are approximately 26 feet higher than last year at this time and approximately 22 feet higher than 2015 at this time.
Figure 3 - Depth to Groundwater by Season, June 20, 2023
The YSGA is relying on the groundwater elevations in the representative monitoring wells to assist in the written verification process for determining whether new agricultural wells are consistent with the adopted Yolo Subbasin Groundwater Sustainability Plan (Section 9a of the Governor’s EO). The YSGA is currently investigating whether additional analysis is required in Areas of Special Concern.
Areas of Special Concern and YSGA Grant Award
The 2022 Yolo Subbasin Groundwater Sustainability Plan has identified two Areas of Special Concern. These Areas of Special Concern are areas where trends in groundwater levels differ from the rest of the subbasin. The two Areas of Special Concern are roughly described as: (1) the general vicinity around the City of Winters and (2) the Hungry Hollow Area. In these two areas, there has been an emerging trend in some wells with declining levels. Further investigation is needed to determine the extent and cause of the declining water levels in the wells in these areas.
YSGA has received notice of DWR’s intent to award YSGA $7.8M in Sustainable Groundwater Management Act funding, of which $440,000 is specifically to perform a hydrogeologic analysis in the Hungry Hollow Area, which will become a template for analysis of other Areas of Special Concern. An additional $1.1 million of this grant is for the purpose of installing new real-time monitoring wells in areas of the County that currently have well data gaps.
Because of the continued land subsidence in the Yolo-Zamora area, the YSGA also considers Yolo-Zamora as an Area of Special Concern. Lastly, the YSGA is currently investigating the need to consider portions of the Plainfield Ridge as an Area of Special Concern.
Collaborations (including Board advisory groups and external partner agencies)
Collaborations include the Yolo County Flood Control and Water Conservation District, Natural Resources Division, Environmental Heath Division, Yolo County Office of Emergency Services, County Service Areas, Office of the County Counsel, all County water purveyors, and the Yolo Subbasin Groundwater Agency.
Fiscal Impact
Fiscal Impact (Expenditure)
- Total cost of recommended action:
- $ 0
- Amount budgeted for expenditure:
- $ 0
- Additional expenditure authority needed:
- $ 0
- On-going commitment (annual cost):
- $
Source of Funds for this Expenditure
- General Fund
- $0
Attachments
- Att. K. Letter from Grant Davids
- Att. A. Dry Well Heat Map
- Att. B. LSCE Well Permit Memo
- Att. C. Ag Well Permit Flow Chart
- Att. D. Presentation
- Att. E. Letter from Ann Main
- Att. F. Letter from Ann Main regarding Hungry Hollow
- Att. G. Letter from Michael McCoy
- Att. H. Letter from Craig McNamara
- Att.I. Letter from Jackie Lundy
- Att. J. Letter from Linda Bell
- Att. K. Letter from Neal K. Van Alfen
- Att. L. Letter from Patricia Echevarria
- Att. M. Letter from Richardo Amon
- Att. N. Letter from Grant Davids
- Att. O. Letter from Terry Zimmer
- Att. P. Letter from Carol Miller
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Kimberly Hood | Kimberly Hood | 06/19/2023 01:52 PM |
| Kimberly Hood | Kimberly Hood | 07/05/2023 05:51 PM |
- Form Started By:
- esabatini
- Started On:
- 03/30/2023 03:22 PM
- Final Approval Date:
- 07/06/2023