Receive an update from Yolo County Environmental Health on agricultural well permitting and options to address concerns with the current process, including a potential 45-day moratorium on new agricultural wells in the Focus Areas; provide feedback on proposed changes to the well permitting procedures under Urgency Ordinance No. 1569; consider a proposed 45-day moratorium and, if the Board opts to proceed, introduce by title only, waive further reading of, and adopt an urgency ordinance entitled, “An Interim Urgency Ordinance of the Yolo County Board of Supervisors Establishing a Temporary 45-Day Moratorium on the Approval of New Agricultural Water Well Permits in the Yolo Subbasin Groundwater Management Agency’s Focus Areas, with Specified Exemptions, pending the County’s Study and Consideration of Well Permit and Crop Conversion Regulations;” adopt a Notice of Exemption pursuant to the California Environmental Quality Act (CEQA) based on CEQA Guidelines, Sections 15060(c)(2), 15061(b)(3), and 15306 (Class 6); set a noticed-public hearing on October 7, 2025, or on another date within 45-days of adoption, to consider whether to extend the 45-day moratorium and whether to modify and extend Urgency Ordinance No. 1569 for non-Focus Area agricultural well permits; and provide direction to staff regarding formation of a Working Group consisting of key stakeholders, such as the Yolo Subbasin Groundwater Agency (YSGA), Farm Bureau, well drillers and concerned citizens, to work with staff on proposed changes regarding well permitting and crop conversions in the Focus Areas. (No general fund impact) (4/5 vote required) (Cormier/Meneghetti/Hood) (Est. Staff Presentation: 10 min)

The approval of well permits, particularly new agricultural well permits, has been an important issue in the County over the past four years. The 2020-2022 drought and related Executive Orders issued by the Governor led the County and the Yolo Subbasin Groundwater Agency (YSGA) to adopt additional well permitting measures to protect groundwater resources and the identification of “Focus Areas” where groundwater levels have shown potential downward trends, rural residential wells have experienced issues, and groundwater data gaps exist to better understand hydrological conditions in particular areas within the Subbasin. (Attachment B – Focus Area Map.)

This staff report reviews the history and revisions to the County’s well permitting process over the past few years, including the interim agricultural well permitting process the Board has implemented in the unincorporated areas of the County, with the adoption of Urgency Ordinance No. 1569, which currently expires on October 31, 2025, along with proposed options for the Board to consider to Urgency Ordinance No. 1569 procedures based on its application to date (e.g., verification of pumping capacity, requiring meters on new wells, and revising the well permit appeal process). The report concludes with an overview of a proposed 45-day moratorium on the approval of agricultural well permits in the Focus Areas to address additional groundwater concerns in the Focus Areas related to the increased conversion of previously dry-farmed lands to irrigated, perennial crops. 

Although wells in the Yolo Subbasin have shown significant recovery in many areas of the County, that has not been the case in all areas and concerns remain regarding groundwater sustainability with the hardening of water demand for irrigation needs with the continued development of perennial crops.  These concerns were most recently highlighted with the recent approval of five wells in the Focus Areas to irrigate new perennial crops while the models used to provide a better understanding of the Yolo Subbasin’s sustainable yield continue to be improved.  As a result, a proposed 45-day moratorium is being presented for the Board’s consideration that would prohibit the approval of new agricultural well permits in the Focus Areas with the anticipated consideration of an extension of the moratorium for an additional 10 months and 15 days following a noticed, public hearing on October 7, 2025.  The proposed moratorium would allow additional time to consider whether updates to County zoning regulations or further changes to the well permit process are warranted in Focus Areas related to crop conversions that result in a hardening of demand for groundwater resources.

A. Background on Current Agricultural Well Permitting Process
Yolo County Environmental Health (YCEH) is responsible for issuing well permits in the County. Prior to March 2022, YCEH decided applications by applying the minimum well standards established in Title 6, Chapter 8 of the Yolo County Code of Ordinances (YCC), which are based upon the well construction standards required by the California Department of Water Resources’ (DWR) Bulletin 74.

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 EO in regard to well permits were unchanged and remained in effect. In particular, the EO required review by the YSGA for consistency with Groundwater Sustainability Plan and further required the County as the permitting agency to determine that the proposed well was (1) not likely to interfere with the production and functioning of existing nearby wells, and (2) not likely to cause subsidence that would adversely impact or damage nearby infrastructure before the well permit could be approved.  Governor Newsom terminated the EO well permit requirements on September 5, 2024.

On October 22, 2024, the Board of Supervisors approved Urgency Ordinance No. 1569 to continue the well permitting requirements that YCEH and the YSGA adopted to meet the requirements of the EOs, pending completion of long-term well ordinance updates. Under Urgency Ordinance No. 1569, similar to the prior EO requirements, an agricultural well permit application in the unincorporated area of the County must also demonstrate that a proposed well is unlikely to interfere with the function and operation of nearby wells. This can be demonstrated in either of two ways:

1. The new well must meet the required distances from nearby active wells shown in Table 1 of the Urgency Ordinance.  These distances are based on the pumping capacity of the new well. This table was developed by LCSE as part of the TM process.
2. Applicants can submit a report by a licensed professional geologist or hydrogeologist that includes technical analysis and justification for why the proposed separation distance is unlikely to impact the function and operation of nearby wells.

Wells not meeting either of these ministerial requirements may apply for a discretionary hardship exemption. 

In addition, Urgency Ordinance No. 1569 maintains the practice of routing of well permit applications to YSGA for verification of consistency with its adopted Groundwater Sustainability Plan (GSP).

The adoption of Urgency Ordinance No. 1569 was intended to continue the EO well permitting procedures that have proven to be important to groundwater sustainability efforts and are expected to be included in the anticipated long-term well ordinance update.  The County continues to work towards a long-term well permit ordinance update and is awaiting DWR’s completion of its updates to Bulletin 74, which was last updated in 1991.  The updated Bulletin 74 will be submitted to the State Water Resources Control Board for adoption into a Statewide Model Ordinance.  The County’s last communication with DWR indicates that the final standards will be published in Summer of 2026.

More information regarding Urgency Ordinance No. 1569 and the history of the EO well permitting procedures can be found in the October 22, 2024, minute order packet (Attachment C).

B.  Potential Changes to Urgency Ordinance No. 1569
Urgency Ordinance No.1569 is in effect until October 31, 2025.  Staff anticipate returning to the Board of Supervisors in October with a recommended extension of Urgency Ordinance No. 1569 with some potential changes based on Board direction and public input on August 26th.  

Staff have identified the following changes for consideration, pending a long-term update to the well ordinance:

1. Permit Appeal Process.  The current well ordinance allows “any aggrieved person” to appeal a well permit determination directly to the Board of Supervisors and there is no established fee for an appeal.  Staff recommend changing the appeals process for well permits to align with other County land use permit types. For instance, this could result in an appeal first being heard by an administrative hearing officer or the Planning Commission rather than the Board of Supervisors.  Urgency Ordinance No. 1569’s hardship exemption process may be a viable option for appeals of well permits as well. That process involves an appeal hearing by the Planning Commission pursuant to the procedures established in Section 8-2.225 of the Yolo County Code of Ordinances. The Planning Commission’s decision may be appealed to the Board of Supervisors upon payment of the applicable appeal fees, though the Board may prefer to have the Planning Commission render the final determination regarding a well permit determination. Glenn County recently updated its well permit ordinance with appeals being heard first by an administrative hearing officer who submits written findings and recommendations to the Board of Supervisors.  (See Attachment D, 2023 Glenn County Ordinance, Sec. 20.08.200.)

2. Verification of pumping capacity.  Staff have identified the following as possible ways to ensure that agricultural wells are pumping at the capacities proposed on their permit application.  
   1. Guidance from Luhdorff & Scalmanini, Consulting Engineers (LSCE). YCEH has worked with LSCE to develop guidance when reviewing agricultural well permit applications to determine if a proposed well casing diameter matches the proposed pumping capacity. It is important to note that there are many factors that play a role in this determination. Therefore, this reference document would need to be considered guidance rather than a requirement.  However, this suggested change stems from the questions that have been raised about the pumping capacities identified by well drillers in well applications and how to confirm the pumping capacity is reasonable in light of the proposed well casing diameter.  (See Attachment E, Draft LSCE Technical Memo re Well Casing Diameter and Pump Capacity Guidance.)
   2. Verification after pump installation.  Well drillers and/or property owners could be required to provide a report to YCEH verifying the pumping capacity of the well after the pump is installed and prior to production. 
   3. Meters for new wells.  New agricultural wells could be required to install meters.  The property owners would be required to report this information to either the County and/or the YSGA on an annual basis.  This would serve two purposes.  It would provide verification that the wells are not pumping more than was indicated on their well permit, and it would assist the YSGA in gathering the data needed in the Focus Area. Staff have been reviewing programs in other counties such as San Luis Obispo County and Sonoma County, but this option will likely require more review and analysis, as well as stakeholder input.  (See Attachment F.)

Option requiring more in-depth review and study:

3. Conduct additional hydrogeologic review of proposed new agricultural wells with consultant retained or approved by the County within the Focus Areas to determine the likelihood that extractions from a new well will cause impacts to groundwater levels. This suggested change derived from the review of four recent well permits issued in the Focus Areas that went through the YSGA’s 2-tier review process.  However, questions were raised during that review regarding the assumptions relied on by the applicant-retained hydrogeologist who prepared the reports that were submitted to the YSGA.  Staff are reviewing a similar program in Glenn County that was part of Glenn County’s 2023 well permit ordinance update.  (Attachment D, Glenn County Ordinance Sec. 20.08.090.)  

4. Require use permits or other discretionary review of crop conversions in certain agricultural zones.  Currently, the Zoning Regulations do not place any limits on the types of crops on properties zoned for agricultural use and no approval is required to convert dry-farmed land to irrigated crops.  As the discussion regarding the proposed moratorium explains, there have been significant increases in the conversion of dry farmed land or previously uncultivated land to perennial crops or other crops that would increase groundwater demands. Initial discussions with Planning staff indicate that this will require an amendment to the Yolo County Code to update the Zoning Regulations, as well as a possible amendment to the General Plan to provide policy direction.  Staff have been reviewing programs in other counties such as San Luis Obispo (See Attachment G.)

With each of these options, the Board will need to consider staff and consultant resources required for implementation and possible enforcement.

C.  Continued Focus Area Concerns - Temporary 45-Day Moratorium Option
Urgency Ordinance No. 1569’s procedures have provided greater consideration of groundwater sustainability concerns on new agricultural wells within the unincorporated areas of the County. However, within the Focus Areas, there remain additional concerns, particularly related to the conversion of dry-farmed lands to irrigated perennial crops (e.g., almonds, pistachios, and olives) that have resulted in calls for a moratorium on new wells in the Focus Areas.  As noted in the GSP, “An important feature of land use changes in the Subbasin is an increasing acreage of perennial crops (deciduous, subtropical, and vines), which have partly replaced field crops, and brought previously uncultivated area into production in some regions.”  Because perennial crops are permanent, they decrease the flexibility of water demand (“demand hardening”).  (GSP, Sec. 2.3.2.)  The options above for changes to Urgency Ordinance No. 1569 include consideration of longer term changes that take into consideration groundwater demand hardening with conversions to perennial crops, but absent a moratorium or temporary pause on well permits in the interim, new wells would be approved in the Focus Areas where data gaps and groundwater sustainability concerns are of particular concern.  As a result, one additional option to consider beyond the proposed changes to Ordinance No. 1569 outlined above is a temporary moratorium on new agricultural wells in the Focus Areas, as provided in Attachment A. 

Government Code section 65858 allows the Board of Supervisors to adopt an interim urgency ordinance temporarily prohibiting a land use, without the prior public notice or hearing otherwise generally required for a zoning ordinance amendment.  The proposed moratorium imposed may only be in place for 45-days.  Extension of the moratorium beyond 45-days would require a noticed public hearing and a further four-fifths vote of the Board of Supervisors.  Following a noticed, public hearing, the moratorium may be extended an additional 10 months and 15 days, and may subsequently be extended an additional year, following an additional noticed public hearing.  (Gov. Code, § 65858(a).)  Because of the 45-day limit, the noticed, public hearing to continue an extension of the well moratorium in the Focus Areas must be held by October 10, 2025.  Accordingly, staff requests that the Board set the public hearing for its regular October 7, 2025, meeting. 

Findings supporting a 45-day moratorium on new agricultural wells in the Focus Areas are set forth in the proposed Urgency Ordinance (Attachment A).  To summarize, groundwater is a vital resource essential to the health, safety and welfare of the many communities and agricultural areas in the County. Therefore, it is necessary to better understand the impacts of land use changes on groundwater supplies and gather additional information to better inform YSGA and County evaluation of proposed new agricultural wells with an eye towards protecting the sustainability of groundwater resources.  Further study of the impacts of the planting of perennial crops on previously non-irrigated lands is critical to determine if further regulations should be implemented with respect to such land use changes to protect against unsustainable groundwater impacts.

Since its adoption of the 2024-tiered review procedures for new wells in the Focus Areas, YSGA has verified 27 well permits, of which 14 were in the Focus Areas.  Of those in the Focus Areas, four permits were verified after a Tier 1 review and six were verified following a Tier 2 review.  One such review for a replacement well that was approved in the Hungry Hollow area on land that had previously been dry-farmed for many years resulted in an appeal before this Board on April 8, 2025.  More information regarding the appeal can be found in the April 8, 2025 minute order packet. Following a Tier 2 review by YSGA, the County approved four additional agricultural wells in Hungry Hollow in May 2025 to irrigate new olive orchards, though stakeholders have raised concerns that the Tiered review process did not consider the particular hydrologic concerns of that area and cumulative impacts such additional wells have on neighboring wells and groundwater sustainability. Currently, there are 20 permits in the YSGA application review queue, 11 of which are within the Focus Areas and all of which indicate they are for irrigation/agricultural purposes. Many of these applications have been in the que for quite some time pending YSGA verification and/or have not met EH requirements.

No limitations exist currently in the County’s Zoning Regulations with respect to crop conversions on agricultural zoned-lands.  (See, e.g., Yolo County Code, Sec. 8-2.302.)  The YSGA continues to improve and enhance its groundwater model to better estimate the Yolo Subbasin’s sustainable yield, including enhancements to better forecast land use changes and their impact on water budget, along with additional water budget development for the Hungry Hollow area and have not yet been completed.  However, the Hungry Hollow budget development and associated White Paper are not expected to be completed until April 2026.  The YSGA is also working on land use model enhancements that are slated for future GSP updates.  Completion of the Hungry Hollow budgets is particularly important to shed light on the larger impacts of demand hardening and the YSGA has formed a Hungry Hollow Working Group to further study and recommend management actions.  As the Yolo Subbasin GSP notes: “It is important that we invest in future scenario simulations to consider the impact to the overall water budget given the continued land use changes, increases in agricultural development, and new demand on groundwater.” (GSP, Preface, p. ii.)

The intent and purpose of the proposed moratorium is to temporarily halt the issuance of new agricultural water well permits in the denoted Focus Areas, including parcels that may be partially included in the Focus Areas. Adoption of the proposed temporary moratorium will maintain the status quo to enable the County and YSGA to study and develop policies and regulations and implement other recommended actions for issuing well permits within the Focus Areas.

D. Formation of a Working Group

Recognizing the complexity and importance of agricultural practices in Yolo County and the impact of changes on the well permitting process or crop conversions, the Board may want to consider forming a Working Group of interested stakeholders such as the YSGA, Farm Bureau, well drillers and concerned citizens, to work with YCEH staff on proposed changes regarding well permitting and crop conversions in the Focus Areas.  YSGA has already formed a Hungry Hollow Working Group to recommend projects and management actions to the YSGA’s Executive Officer until the YSGA Board of Directors forms a Management Area Public Advisory Committee to take over the duties of the Working Group. (See Attachment H.)  This Hungry Hollow Working Group may provide a template for a similar working group to consider well permitting and land use changes.  Long term, YSGA is establishing Public Advisory Committees for each of the Yolo Subbasin's six Management Areas to make recommendations to the YSGA Board of Directors regarding projects and management actions specific to each Management Area to help implement the Yolo Subbasin GSP.  If the Board is interested in this option, staff can return in October with a proposed outline or charter for such a Working Group.

Documents Incorporated Into This Report
2022 Yolo Subbasin Groundwater Sustainability Plan
YSGA Annual Water Reports
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
Hungry Hollow Working Group Charter
1/9/2024, 4/9/2024, 10/22/2024, and 4/8/2025 Board of Supervisors Agenda Materials regarding Well Permits
Stakeholder communications received regarding well permits and Focus Area concerns

Staff has collaborated with the Yolo Subbasin Groundwater Agency, the Office of County Counsel, and the County Administrator's Office.