Approve first amendment to Agreement No. 4378 with Luhdorff & Scalmanini, Consulting Engineers in the amount of $49,492 for technical support services needed for water well permitting for a new contract maximum of $67,763; and adopt budget resolution increasing the Environmental Health 2023/24 budget by $61,262. (General fund impact maximum $61,262) (Lindbo/Meneghetti)

On March 28, 2022, Governor Newsom issued Executive Order (EO) 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:

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 hydro geologist from LSCE to develop temporary well permit processing procedures to address the new EO requirements.  These procedures were presented to the Board of Supervisors on December 6, 2022. 

At the July 11, 2023, Board of Supervisors meeting, the Board directed staff to return to the September 12, 2023, Board of Supervisors meeting and present the Board with options for consideration, including a pause (i.e. temporary moratorium) for new agricultural well permits in areas of special concern including Hungry Hollow, Western Winters (Golden Bear Estates), Yolo-Zamora, and the Plainfield Ridge, and other areas with significant groundwater data gaps. 

YCEH requires the assistance of LSCE, as subject-matter experts, to assist in developing these options.  LSCE has submitted a proposal (Attachment A) to assist in the development of additional well permitting procedures for the Board to consider as well as associated tasks such as coordinating with local stakeholder and water management entities, developing a modified well permitting review process for the option selected by the Board and assisting in the updating of the County’s well ordinance.  

The Environmental Health Division Land Use Unit is responsible to the permitting and regulation of groundwater wells.  This program is funded via permit and inspection fees.  The attached budget resolution includes increased funding in the amount of $61,262. This amount includes $49,492 to fund the LSCE contract amendment, and an additional $11,770 to fund approximately 55 hours of staff time, which is required to develop groundwater well permit options, manage the project and consultant, and work with the consultant to perform the complex analysis required to help inform the Board’s decision-making. 

Collaborations include the Natural Resources Division, County Administrative Office, County Counsel and the Yolo Subbasin Groundwater Agency.

This is an amendment to an existing contract with LSCE