Regular-Community Services # 35.
Board of Supervisors
Environmental Health
- Meeting Date:
- 10/22/2024
- Brief Title
- Agricultural Well Permitting Urgency Ordinance
From:
Leslie Lindbo, Director, Department of Community Services
Staff Contact:
April Meneghetti, Director, Environmental Health Divsion, Department of Community Services, x8597
Supervisorial District Impact:
Countywide
Subject
Introduce by title only and adopt without further reading an urgency ordinance entitled, "An Urgency Ordinance Temporarily Extending Certain Requirements on the Issuance of Agricultural Water Well Permits in the Unincorporated Area of Yolo County Pending Completion of Long-Term Well Ordinance Amendments," including a determination that adoption of the ordinance is exempt from CEQA pursuant to CEQA Guidelines, Sections 15060(c)(2), 15307, 15308, and 15061(b)(3). (No general fund impact) (4/5 vote required) (Lindbo/Meneghetti/Hood) (Est. Time: 10 min)
Recommended Action
Staff recommends that the Board:
- Introduce by title only and waive further reading of an urgency ordinance entitled, "An Urgency Ordinance Temporarily Extending Certain Requirements On The Issuance Of Agricultural Water Well Permits In The Unincorporated Area Of Yolo County Pending Completion Of Long-Term Well Ordinance Amendments," (Attachment A);
- Receive a staff presentation and public comment;
- Determine that adoption of the ordinance is exempt from CEQA pursuant to CEQA Guidelines, Sections 15060(c)(2), 15307, 15308, and 15061(b)(3); and
- Adopt the proposed urgency ordinance.
Strategic Plan Goal(s)
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Collaborative Community |
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Sustainable Environment |
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Flourishing Agriculture |
Reason for Recommended Action/Background
A. Groundwater in Yolo County
Yolo County overlaps three groundwater subbasins of the Sacramento Valley Groundwater Basin (Yolo, Solano and Colusa) and includes additional areas outside any designated groundwater basin. The groundwater subbasins overlapping the County primarily include the Yolo Subbasin with small areas within the Solano and Colusa Subbasins. The Yolo and Colusa Subbasins are designated as high priority subbasins by the Department of Water Resources and the Solano Subbasin is a medium priority subbasin.
Through the creation of a joint powers agency, of which Yolo County is a member, the Yolo Subbasin Groundwater Agency (“YSGA”) was formed and is the recognized Groundwater Sustainability Agency (GSA) pursuant to the Sustainable Groundwater Management Act (SGMA) for the entire Yolo Subbasin, which covers nearly all of Yolo County. The YSGA adopted a Groundwater Sustainability Plan (GSP) in January 2022 for the Yolo Subbasin that addresses undesirable results related to sustainability indicators consisting of groundwater levels, groundwater storage, groundwater quality, land subsidence, and interconnected surface water.
While the YSGA is responsible for the sustainability of the groundwater basin, the County’s Division of Environmental Health (also known as “Yolo County Environmental Health” or “YCEH”) is the local enforcement agency responsible for issuing permits for groundwater wells in the County, including new wells, alterations to existing wells, and replacement wells. YCEH reviews well permits for consistency with the Yolo County Code and other regulatory requirements to protect the quality of groundwater for public health reasons and to ensure the safe construction of wells.
B. Drought Executive Orders regarding Well Permits - Requiring Coordination Between the GSAs and the County
Following a third consecutive dry winter, Governor Newsom issued Executive Order (EO) N-7-22 on March 28, 2022, 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, and a determination must be made that:
Yolo County overlaps three groundwater subbasins of the Sacramento Valley Groundwater Basin (Yolo, Solano and Colusa) and includes additional areas outside any designated groundwater basin. The groundwater subbasins overlapping the County primarily include the Yolo Subbasin with small areas within the Solano and Colusa Subbasins. The Yolo and Colusa Subbasins are designated as high priority subbasins by the Department of Water Resources and the Solano Subbasin is a medium priority subbasin.
Through the creation of a joint powers agency, of which Yolo County is a member, the Yolo Subbasin Groundwater Agency (“YSGA”) was formed and is the recognized Groundwater Sustainability Agency (GSA) pursuant to the Sustainable Groundwater Management Act (SGMA) for the entire Yolo Subbasin, which covers nearly all of Yolo County. The YSGA adopted a Groundwater Sustainability Plan (GSP) in January 2022 for the Yolo Subbasin that addresses undesirable results related to sustainability indicators consisting of groundwater levels, groundwater storage, groundwater quality, land subsidence, and interconnected surface water.
While the YSGA is responsible for the sustainability of the groundwater basin, the County’s Division of Environmental Health (also known as “Yolo County Environmental Health” or “YCEH”) is the local enforcement agency responsible for issuing permits for groundwater wells in the County, including new wells, alterations to existing wells, and replacement wells. YCEH reviews well permits for consistency with the Yolo County Code and other regulatory requirements to protect the quality of groundwater for public health reasons and to ensure the safe construction of wells.
B. Drought Executive Orders regarding Well Permits - Requiring Coordination Between the GSAs and the County
Following a third consecutive dry winter, Governor Newsom issued Executive Order (EO) N-7-22 on March 28, 2022, 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, and a determination must be made that:
- The proposed well is consistent with any applicable Groundwater Sustainability Plan (GSP) and will not decrease the likelihood of achieving a groundwater basin sustainability goal, and
- The well will not likely interfere with the operation and function of existing nearby wells and is not likely to cause land subsidence that impacts nearby infrastructure.
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 well permitting procedures from EO N-3-23 (and prior to that EO N-7-22) are what prompted YCEH to work with a hydrogeologist from Luhdorff & Scalmanini, Consulting Engineers (LCSE) to develop a Technical Memo (TM) which contains temporary well permitting procedures for agricultural wells which was most recently approved by the Board on April 9, 2024.
The EO well permitting procedures also prompted the YSGA’s extensive review process with its own hydrogeologists with West Yost to develop its verification process with the most recent verification process and identification of “Focus Areas” approved by the YSGA Board in March 2024. The Focus Areas were identified using various hydrologic data, reported citizen concerns, and professional judgment by YSGA and its consultant, West Yost, to delineate areas in the Yolo Subbasin that warrant additional information and analysis as part of the YSGA’s written EO verification process. YSGA's current Focus Area map is included as Exhibit B to the draft urgency ordinance.
C. Lifting of the EO Well Permit Requirements; Continued Need in Yolo County
On September 5, 2024, Governor Newsom issued a new Executive Order N-3-24, which ended the drought state of emergency in 19 counties while maintaining it in the remaining 39 counties, including Yolo County. This emergency status continues to support long-term recovery from the three driest year period on record. As part of EO N-3-24, however, the Governor rescinded certain provisions of prior EOs related to the drought, including the well permitting procedures required by EO N-3-23 (Paragraph 4). Although the State-wide EO process is no longer mandated, the Governor has maintained the drought state of emergency in Yolo County. Additionally, the EO review process in Yolo County developed with independent hydrogeologists, particularly with the Yolo Subbasin, identified key Focus Areas. Additional public input revealed the need to continue the temporary well permitting procedures implemented under the EO while the County completes longer-term well permit ordinance updates. YCEH is concerned that not continuing with the Board approved temporary well permitting procedures may result in significant irreversible change to groundwater levels. This risk arises if well permits are no longer subject to the separation requirements and coordination with YSGA and the other GSAs implemented under the EO which provided additional analysis to ensure new wells are consistent with the respective GSPs and have sufficient separation from existing wells to minimize interference with nearby wells. The level of the GSA review is to be determined by the perspective GSA. The EO review ensures the benefit of coordinated review of well permits by both the County and the applicable GSAs while the County completes long-term well permit ordinance updates. The County is awaiting DWR’s completion of its updates to Bulletin 74 regarding California Well Standards. DWR is in the processing of updating Bulletin 74, which was last updated in 1991. The updated Bulletin 74 will be submitted to the State Water Resources Control Board (SWCRB) for adoption into a Statewide Model Ordinance. The County anticipates the updates to the County’s long-term well permitting ordinance will also include continued submission of well permits for review by the applicable GSA to ensure proposed wells are consistent with the applicable GSP.
Proposed Urgency Ordinance
The proposed urgency ordinance (Attachment A) temporarily extends the well permitting procedures enacted in compliance with the EO to protect the public health, safety, and welfare while considering long-term revisions to well permitting regulations and minimize disruptions in well permit review through October 31, 2025 in the unincorporated areas of Yolo County. The primary elements of the EO well permitting process being extended are:
The well permitting procedures from EO N-3-23 (and prior to that EO N-7-22) are what prompted YCEH to work with a hydrogeologist from Luhdorff & Scalmanini, Consulting Engineers (LCSE) to develop a Technical Memo (TM) which contains temporary well permitting procedures for agricultural wells which was most recently approved by the Board on April 9, 2024.
The EO well permitting procedures also prompted the YSGA’s extensive review process with its own hydrogeologists with West Yost to develop its verification process with the most recent verification process and identification of “Focus Areas” approved by the YSGA Board in March 2024. The Focus Areas were identified using various hydrologic data, reported citizen concerns, and professional judgment by YSGA and its consultant, West Yost, to delineate areas in the Yolo Subbasin that warrant additional information and analysis as part of the YSGA’s written EO verification process. YSGA's current Focus Area map is included as Exhibit B to the draft urgency ordinance.
C. Lifting of the EO Well Permit Requirements; Continued Need in Yolo County
On September 5, 2024, Governor Newsom issued a new Executive Order N-3-24, which ended the drought state of emergency in 19 counties while maintaining it in the remaining 39 counties, including Yolo County. This emergency status continues to support long-term recovery from the three driest year period on record. As part of EO N-3-24, however, the Governor rescinded certain provisions of prior EOs related to the drought, including the well permitting procedures required by EO N-3-23 (Paragraph 4). Although the State-wide EO process is no longer mandated, the Governor has maintained the drought state of emergency in Yolo County. Additionally, the EO review process in Yolo County developed with independent hydrogeologists, particularly with the Yolo Subbasin, identified key Focus Areas. Additional public input revealed the need to continue the temporary well permitting procedures implemented under the EO while the County completes longer-term well permit ordinance updates. YCEH is concerned that not continuing with the Board approved temporary well permitting procedures may result in significant irreversible change to groundwater levels. This risk arises if well permits are no longer subject to the separation requirements and coordination with YSGA and the other GSAs implemented under the EO which provided additional analysis to ensure new wells are consistent with the respective GSPs and have sufficient separation from existing wells to minimize interference with nearby wells. The level of the GSA review is to be determined by the perspective GSA. The EO review ensures the benefit of coordinated review of well permits by both the County and the applicable GSAs while the County completes long-term well permit ordinance updates. The County is awaiting DWR’s completion of its updates to Bulletin 74 regarding California Well Standards. DWR is in the processing of updating Bulletin 74, which was last updated in 1991. The updated Bulletin 74 will be submitted to the State Water Resources Control Board (SWCRB) for adoption into a Statewide Model Ordinance. The County anticipates the updates to the County’s long-term well permitting ordinance will also include continued submission of well permits for review by the applicable GSA to ensure proposed wells are consistent with the applicable GSP.
Proposed Urgency Ordinance
The proposed urgency ordinance (Attachment A) temporarily extends the well permitting procedures enacted in compliance with the EO to protect the public health, safety, and welfare while considering long-term revisions to well permitting regulations and minimize disruptions in well permit review through October 31, 2025 in the unincorporated areas of Yolo County. The primary elements of the EO well permitting process being extended are:
- Well separation distance requirements developed by the LSCE TM (see Table 1. Minimum Well Separation Distances in Sec. 2.A.i. of the proposed Urgency Ordinance; see Exhibit C to the Urgency Ordinance for LSCE's documentation of the methods used to develop the minimum well separation distances);
- Requiring review by the applicable GSAs, namely YSGA for most agricultural well applications in Yolo County, as required by each GSA;
- Maintains exemptions for domestic wells (wells producing less than two acre-feet per year for individual domestic water use), public supply system wells as defined in Health & Safety Code § 116275, monitoring wells or other wells not intended for extraction of groundwater, and minor alterations to certain existing wells are exempt from the urgency ordinance;
- No longer requires additional information regarding replacement wells regarding the use history and instead requires that the replacement well meet the minimum separation distances from other wells (replacement wells will also still require abandonment of the well being replaced);
- Adds a hardship exception; and
- Maintains the two-year term for well permits while the urgency ordinance is in place approved during prior droughts and with the latest TM update on April 9, 2024 (YCC sec. 6-8.804(b) otherwise provides that well permits are only valid for 120 days).
If adopted, the urgency ordinance will take effect immediately. Adoption of the urgency ordinance requires a 4/5 vote.
Documents Incorporated Into This Report
10/27/2023, 11/20/2023, 1/22/2024, and 3/18/2024 YSGA Board of Directors Agenda Materials regarding Focus Areas and well permit review procedures
1/9/2024 and 4/9/2024 Board of Supervisors Agenda Materials regarding Well Permits
Exhibits to the Proposed Urgency Ordinance
Documents Incorporated Into This Report
10/27/2023, 11/20/2023, 1/22/2024, and 3/18/2024 YSGA Board of Directors Agenda Materials regarding Focus Areas and well permit review procedures
1/9/2024 and 4/9/2024 Board of Supervisors Agenda Materials regarding Well Permits
Exhibits to the Proposed Urgency Ordinance
Collaborations (including Board advisory groups and external partner agencies)
Staff has collaborated with the Yolo Subbasin Groundwater Agency, the Office of County Counsel, and the County Administrator's Office.
Fiscal Impact
No Fiscal Impact
Fiscal Impact (Expenditure)
- Total cost of recommended action:
- $ 0
- Amount budgeted for expenditure:
- $ 0
- Additional expenditure authority needed:
- $ 0
- One-time commitment:
- Yes
Source of Funds for this Expenditure
- $0
Attachments
- Att. A. Urgency Ordinance No. 1569
- Att. A1. Urgency Ordinance - Revised
- Att. B. Presentation
- Att. C. Correspondence from Annie Main
- Att. D. Correspondence from Scott Steward
- Att. E. Correspondence from Juliette Beck
- Att. F. Correspondence from Linda Bell
- Att. G. Correspondence from Jackie Lundy
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Kimberly Hood | Kimberly Hood | 10/11/2024 03:49 PM |
| County Counsel | Hope Welton | 10/16/2024 12:52 PM |
| Berenice Espitia | Berenice Espitia | 10/16/2024 02:00 PM |
- Form Started By:
- April Meneghetti
- Started On:
- 10/01/2024 11:53 AM
- Final Approval Date:
- 10/16/2024