To: Board of Supervisors
From: Supervisor Haschak and Supervisor McGourty
Meeting Date: March 15, 2022
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Department Contact: |
Supervisor Haschak |
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707-463-4441 |
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Department Contact: |
Supervisor McGourty |
Phone: |
707-463-4441 |
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Item Type: Regular Agenda |
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Time Allocated for Item: 1 Hour |
Agenda Title:
title
Discussion and Possible Action Including Direction to Staff Regarding Regulation of Water Extraction/Mining and Water Hauling
(Sponsors: Supervisors Haschak and McGourty)
End
Recommended Action/Motion:
recommendation
Direct staff to implement proposals 4) Ban commercial water hauling to any destination at which the end user will be using the water for non-permitted commercial activities, 5) utilize existing law to require use permits for water extraction and amend the code to provide clarification of this existing requirement, and 6) Develop standard conditions and guidelines respecting use permits for water extraction with the input and assistance of the Planning Commission, and update the code accordingly, listed within the summary of request; bring back the remaining proposals for Board consideration in 6-12 months, once there is more information regarding the anticipated staffing levels of the Mendocino County Water Agency and its capacity to take on new programs; and affirm that the Ad Hoc will continue to take public input on the matter.
End
Previous Board/Board Committee Actions:
None.
Summary of Request:
With the drought and increased aridity as ongoing issues in Mendocino County, people are increasingly concerned about wells going dry and aquifers being excessively tapped. This concern is exacerbated by extraction and hauling of water for non-permitted cannabis grows. There are many reports of people with wells selling water that is then transported to distant locations for unpermitted usages, which may also be causing damage to roads and bridges that were not intended to handle regular traffic by heavy water trucks.
In order to address the growing concerns about water scarcity, including water diversion for illegal purposes, the drought task force recommends that the Board of Supervisors consider augmenting our current regulations and enacting additional regulations to address water extraction and hauling, including establishing more appropriately substantial penalties to deter unregulated use of water and to protect our County’s water resources. It is anticipated that some of these changes might be adopted quickly, while others will take longer to enact.
The drought task force requests that the Board discuss the following proposals and provide further direction accordingly:
Water Hauling:
1. For all commercial water haulers, require a permit, a business license, and tracking logs.
2. Consider updating Chapter 9.24, applicable to potable water hauling, to require tracking logs, and consider feasibility of incorporating non-potable water hauling into the Chapter.
3. Ban commercial water hauling from 11:00pm to 5:00am unless specifically exempted by the Board or specifically authorized by the Sheriff's Office and/or fire agencies for a specific use or emergency.
4. Ban commercial water hauling to any destination at which the end user will be using the water for non-permitted commercial activities.
Water Extraction:
5. A major use permit is currently required for water extraction pursuant to MCC Chapters 20.036, and 20.012; in the short term, utilize existing law to require use permits for water extraction and amend the code to provide clarification of this existing requirement.
6. Develop standard conditions and guidelines respecting use permits for water extraction with the input and assistance of the Planning Commission, and update the code accordingly.
7. Consider developing a regulatory permitting program for groundwater extractors who are removing water from their parcel, or contiguously owned parcel, with renewable and adjustable permits based on changing water availability; require tracking logs, metering, extraction limits, and a hydrological study on any new extraction permit.
Lead Agency and Enforcement:
8. Delegate the new Water Agency as the lead agency for administering water related programs, such as permitting and monitoring of water extraction and water hauling.
9. Enforcement will need collaboration and coordination between Environmental Health, the new Water Agency, Code Enforcement, and the Sheriff's Office. A point person dedicated to this effort is needed especially during summer and fall months.
10. Consider substantial penalties to deter unregulated use, hauling or extraction of ground water, such as $1,000.00 (first violation), $2,000.00 (second), $3,000.00 (third), and $5,000.00 (subsequent violations).
Alternative Action/Motion:
Provide alternative direction.
Does This Item Support the General Plan? N/A
Supervisorial District: All
vote requirement: Majority
Supplemental Information Available Online At: N/A
Fiscal Details:
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source of funding: N/A |
budgeted in current f/y: N/A |
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current f/y cost: N/A |
if no, please describe: |
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annual recurring cost: N/A |
revenue agreement: N/A |
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budget clarification: N/A |
Agreement/Resolution/Ordinance Approved by County Counsel: N/A
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CEO Liaison: Judy Morris, Deputy CEO |
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CEO Review: Yes |
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CEO Comments:
FOR COB USE ONLY
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Executed By: Atlas Pearson, Deputy Clerk II |
Final Status:No Action Taken |
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Date: March 17, 2022 |
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