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File #: 22-0931    Version: 1 Name:
Type: Approval Status: Agenda Ready
File created: 6/28/2022 In control: Board of Supervisors
On agenda: 7/12/2022 Final action:
Title: Discussion and Possible Action Including Direction to Staff to Conduct Legal Analysis Regarding Regulation of Water Extraction/Mining from Private Wells for Commercial Purposes and Water Hauling (Sponsors: Supervisor Haschak and Supervisor McGourty)
Attachments: 1. Draft Water Hauling Ordinance, 2. 7-11-22 Revised Draft Water Hauling Ordinance, 3. 7-11-22 Water Hauling Presentation

 

To:  Board of Supervisors

FromSupervisor Haschak and Supervisor McGourty

Meeting DateJuly 12, 2022

 

Department Contact:  

Supervisor Haschak

Phone: 

707-463-4221

Department Contact:  

Supervisor McGourty

Phone: 

707-463-4221

 

Item Type:   Regular Agenda

 

Time Allocated for Item: 1 Hour

 

 

Agenda Title:

title

Discussion and Possible Action Including Direction to Staff to Conduct Legal Analysis Regarding Regulation of Water Extraction/Mining from Private Wells for Commercial Purposes and Water Hauling

(Sponsors: Supervisor Haschak and Supervisor McGourty)

End

 

Recommended Action/Motion:

recommendation

Direct County Counsel to use the proposed ordinance to return to the Board with a legal analysis of a draft ordinance for extraction/mining from private wells for commercial purposes and water hauling.

End

 

Previous Board/Board Committee Actions:

Board of Supervisors discussed these issues on March 15, 2022 and directed ad hoc to return to the Board with a more detailed draft of an ordinance.                     

 

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.

 

The purpose of this proposed ordinance is to:

1.                     Protect the County’s groundwater resources

2.                      Avoid adverse effects to neighboring well owners

3.                     Limit environmental and social impacts of hauling water from private wells

 

In order to address the growing concerns about water scarcity, including water diversion for illegal purposes, the recommendation is that the Board of Supervisors direct staff to analyze the proposed ordinance language provided as guidance in drafting an ordinance for first reading to address water extraction and hauling issues in order to protect our county’s water resources

 

Alternative Action/Motion:

Consider other options or take no action.                     

 

Does This Item Support the General Plan? Yes

 

Strategic Plan Priority Designation: A Safe and Healthy County

 

Supervisorial District:  All

                                          

vote requirement:  Majority

                                          

 

 

Supplemental Information Available Online At: N/A

 

Fiscal Details:

source of funding: General Fund

budgeted in current f/y: No

current f/y cost: TBD-hourly rate of CoCo or Contracted Services

if no, please describe: Unanticipated Expense

annual recurring cost: Unknown

revenue agreement: No

 budget clarification: N/A

Agreement/Resolution/Ordinance Approved by County Counsel: N/A

 

CEO Liaison: Executive Office

 

 

CEO Review: Yes 

 

 

CEO Comments:

 

FOR COB USE ONLY

Executed By: Atlas Pearson, Deputy Clerk II

Final Status:Approved with Modification

Date: July 13, 2022