Hold a public hearing to consider extending the temporary 45-Day Moratorium imposed by Urgency Ordinance No. 1576 on the approval of new agricultural water well permits in the Yolo Subbasin Groundwater Management Agency's Focus Areas for a period not to exceed an additional 10 months and 15 days (may not be extended past August 25, 2026); if the Board opts to proceed with extending the moratorium, introduce by title only and waive further reading of an Interim Urgency Ordinance extending the temporary moratorium on the approval of new agricultural water well permits in the YSGA’s Focus Areas, with specified exemptions, pending the County's study and consideration of well permit and crop conversion regulations through the extension period determined by the Board; determine adoption of the urgency ordinance is exempt from CEQA pursuant to CEQA Guidelines, Sections 15060(c)(2), 15061(b)(3), and 15306 (Class 6); adopt the proposed urgency ordinance extending the moratorium; provide feedback to staff regarding the draft charter for the Agricultural Well Permitting Working Group; and provide direction to staff regarding modifications and extension of Urgency Ordinance No. 1569’s well permit requirements for Non-Focus Area agricultural well permits to be brought forward on October 21, 2025, prior to the expiration of Urgency Ordinance No. 1569. (No general fund impact) (Fieseler/Meneghetti)  (4/5 vote required) (Est.  Staff Presentation: 15 min)

Urgency Ordinance No. 1576, which resulted in a temporary 45-day moratorium on the approval of new agricultural water well permits in the Yolo Subbasin Groundwater Agency (YSGA) Focus Areas, was approved by the Board of Supervisors on August 26, 2025.  Urgency Ordinance No. 1576 and the temporary moratorium will expire on October 10, 2025, if the Board takes no further action or opts not to extend the moratorium. The purpose of the moratorium was to allow additional time to consider whether updates to County zoning regulations or further changes to the well permit process are warranted in the Focus Areas related to crop conversions that result in a hardening of demand for groundwater resources.

Further information regarding the moratorium can be found in the August 26th minute order packet. (Attachment C)

Since the moratorium was enacted, staff have worked diligently to research and develop recommendations.  Staff have met with the YSGA to better understand the development of Focus Area boundaries and the Tier 2 hydrogeologic review process.  Staff have also met with consultant Luhdorff & Scalmanini Consulting Engineers (LSCE) to discuss methods of verification of pumping capacity and other possible options to address the concerns of the Urgency Ordinance. Also, staff have developed a draft charter for the proposed Agricultural Well Permitting Working Group (discussed further below).  These steps are further outlined in the 10-day report approved by the Board pursuant to Government Code section 65858(d) on September 23, 2025.  (Attachment D)

However, the conditions that led to the Board’s approval of the initial 45-day moratorium remain, and more time is needed to further investigate and determine if additional permitting or land use changes are warranted to address groundwater concerns, particularly in the Focus Areas.  The Findings supporting an extension of the temporary moratorium on new agricultural wells in the Focus Areas are set forth in the proposed Urgency Ordinance. (Attachment A) To summarize:

Examination of these issues and what measures should occur involve more in-depth review and study that cannot be completed within a few months.  As noted in the August 26th staff report, the following options have been raised that reflect significant changes from the County’s current practices and need to be balanced with considerations of Yolo County’s right to farm policies and water rights, as well as considerations related to level of staff involvement and funding considerations:

As the conditions that led to the 45-day moratorium still exist, staff recommends extending the moratorium.  Adoption of the proposed temporary moratorium will maintain the status quo to enable the County and YSGA to adequately study and develop policies and regulations and implement other recommended actions for issuing well permits within the Focus Areas.

B. Moratorium Extension Procedure

Government Code section 65858 allows the Board of Supervisors to extend the moratorium following a noticed public hearing and a further four-fifths vote of the Board of Supervisors for up to an additional 10 months and 15 days, or through August 25, 2026 (one year from when the moratorium was initially adopted).  The temporary moratorium may only be extended thereafter for one additional year.  (Gov. Code, § 65858(a).)  No more than two extensions are permitted.

Because of the uncertainty as to what longer-term changes to well permits and any related land use issues, particularly in the Focus Areas, may result from the Working Group recommendations (discussed further below) and the two extension limitations allowed by Government Code section 65858, staff recommend that the Board approve the maximum 10-month and 15-day extension through August 25, 2026, with the understanding that the Board may rescind the moratorium prior to that date.  Although the Board may rescind the moratorium at any time, extending the moratorium is more difficult than attempting to work diligently to lift the moratorium without needing the full year. To address concerns with a longer extension, the Board may want to consider adding a requirement that staff provide periodic updates to the Board, such as every 60–90 days.   

Staff recognize the need to proceed expeditiously in evaluating options in the Focus Areas and have prepared a timeline for options to consider with respect to efforts to determine what, if any, further regulations may be warranted to address the groundwater sustainability concerns in the Focus Areas. (Attachment E)

C. Proposed Change to Scope of the Moratorium

One of the issues that has come up since the Board approved the 45-day moratorium is the scope of the moratorium, which currently applies to new agricultural wells proposed within the boundaries of the Focus Areas, including the entire parcel, even if only a portion of the parcel is included within the Focus Areas and the proposed well is located outside the Focus Area boundary.  After further consultation with the YSGA, staff recommend that the temporary moratorium, if extended, be narrowed to just new agricultural well permits located within the Focus Area boundaries. 

YSGA went through an extensive public process in establishing the Focus Areas (see Focus Area map – Attachment F).  The Focus Area map was developed with the assistance of West Yost and reviewed at the YSGA Board meetings on October 27, 2023, November 20, 2023, January 22, 2024, and March 18, 2024, in conjunction with development of the tiered review process that YSGA applies to new well applications, primarily in the Focus Areas, in determining whether to issue the verification required for the County to approve a new well permit.  As part of that process, a buffer was already accounted for in the well permits to account for the maximum 2,000-foot well separation distances developed by the County with LSCE.  The full summary of the methods used for delineating the Focus Area map is included in Attachment G (Appendix I excerpt from West Yost Technical Memo).  As a result, YSGA has expressed concerns with further expanding the moratorium to portions of properties beyond the Focus Areas, which could potentially add thousands of acres to the moratorium.

In light of the information from YSGA regarding the methods used to delineate the Focus Areas and the fact that all well permits will go to the YSGA for review and verification for consistency findings, further expansion of the moratorium to wells located on portions of properties outside the Focus Area boundaries appears to be unnecessary.  Accordingly, the proposed urgency ordinance extending the moratorium (Attachment A) as drafted is limited to proposed new wells to be located within the boundaries of the Focus Areas.

D. Agricultural Well Permit Working Group

At the August 26, 2025, Board of Supervisors meeting, the Board directed staff to return to this meeting with recommendations and an outline of an Agricultural Well Permit Working Group.  Staff recommend that the Working Group members consist of representatives from YSGA, Yolo County Farm Bureau, Yolo County well drillers, Focus Area landowners, and subject-matter experts from UC Davis with a total of 10–12 members.

The purpose of this Working Group will be to review possible changes to the Yolo County Well Ordinance regarding well permitting within the Yolo Subbasin Groundwater Agency (YSGA) Focus Areas and to provide recommendations on possible changes to Yolo County Environmental Health (YCEH) staff.  YCEH staff will then present these recommendations to the Board of Supervisors for consideration.

A draft charter has been developed (Attachment B). The Working Group members will be tasked with reviewing and approving this charter at the first meeting, which is to be held within 30 days.

E. Proposed Process for Well Ordinance Update

The focus of the October 7th public hearing will be on the temporary moratorium in the Focus Areas, but staff is also providing an update and seeking guidance from the Board for adoption of an ordinance to codify the interim well permit measures set forth in Urgency Ordinance No. 1569, which will expire on October 31, 2025, without further action of the Board.  Urgency Ordinance No. 1569 was approved by the Board on October 22, 2024, to continue the well permitting requirements that YCEH and YSGA adopted to meet the requirements of the Governor's Executive Orders (EOs) N-7-22 and N-3-23, pending completion of long-term well ordinance updates.  These continued requirements have proven to be important to groundwater sustainability efforts, ensuring further coordination between the County and YSGA to consider groundwater sustainability concerns.  While further concerns are prompting the moratorium in the Focus Areas, staff is recommending moving forward with codification of Urgency Ordinance No. 1569’s well permit procedures into the well permit ordinance to help move the process forward and bring more certainty and clarity on the well application process for those well permit applicants outside the Focus Areas.

Staff anticipate returning to the Board with the revised well permit ordinance on October 21, 2025, for introduction and second reading/adoption on November 4, 2025.  The ordinance would then take effect 30 days thereafter on December 4, 2025.  Because Urgency Ordinance No. 1569 expires on October 31, 2025, staff will also bring an urgency ordinance to extend Urgency Ordinance No. 1569 until the effective date of the new ordinance to ensure there is no lapse in application of these permanent well permit procedures to new agricultural well applications. 

In addition to incorporating Urgency Ordinance No. 1569, staff have identified additional minor recommended changes to make at this time. 

More changes will be identified once the Department of Water Resources (DWR) completes 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 the Summer of 2026. YCEH staff will be working with LSCE over the next year to make these recommended changes to the ordinance.

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 H)

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