A. The city finds as follows:
1. Lake Havasu City is a party to Contract #3-07-30-W0039 with Reclamation for the delivery of Colorado River water.
2. Reclamation has asserted a claim that all groundwater above the accounting surface in the Colorado River Valley west of the Mohave Mountains is hydrologically connected to the surface flow of the Colorado River.
3. Reclamation requires, as a condition of the water delivery contract, that any groundwater withdrawn below the accounting surface within the water service area be deducted from the city's contract entitlement to Colorado River water and further, that a failure to report total diversion of Colorado River water to the Regional Director of Reclamation constitutes grounds for termination of the contract.
4. The city, in order to protect its contract entitlement and to provide adequate service within its water service area, must adopt the following measures applicable to all well drilling and withdrawal of groundwater within the water service area.
5. The city reserves the right to contest Reclamation's claim regarding what water is connected to the surface flow of the Colorado River.
B. Any owner of an existing water-producing well located inside the water service area shall register the well upon a form provided by the city which shall require the following information: description of the well location; the Arizona well registration number; a copy of the notice of completion filed with the Arizona Department of Water Resources; the maximum discharge volume (gallons per minute) of the well; and on the fifteenth day of each month, a full written report of volume of water diverted.
C. Except as specified in § 7.08.060D, no water-producing well shall be drilled or existing well modified within the water service area, and no water shall be withdrawn from such a new or modified well.
D. A temporary water producing well solely for construction operations may be drilled only after securing a determination from Reclamation through consultation with the city of the water table surface elevation at the location of the proposed well site and an approved permit from the city that considers the impact of the proposed withdrawal upon both water quality and quantity on the city's water system; compatibility with city planning, zoning, and resource allocation codes, regulations, and policies; and any subsidence effect upon any neighboring property or any other properties subject to the cone of influence. Permit validation length will be determined on a case by case basis, but in no case shall such determination exceed 120 days from date of submission. At the end of the permit period, the responsible permitted party shall abandon the well within 30 days in accord with Arizona Department of Water Resources well abandonment regulations.
E. Any permit issued pursuant to this section may stipulate that:
1. The permit is nontransferable without permission from the city.
2. The well shall be limited to a specified pump capacity and all diverted water metered as outlined in the permit.
3. The well shall not be used for any purpose other than that listed and approved in the permit.
4. The well's location and rate of withdrawal may not be materially altered without prior city approval and amendment of the permit. In determining whether to issue such an amendment, the city shall consider the factors set forth in § 7.08.060D hereof and such other factors as are appropriate.
5. The owner shall agree in writing to all water conservation and erosion protection measures which may be imposed by the city.
6. Permits for temporary water use which are due to expire may only be extended by the approval of the City Manager upon application prior to the date of permit expiration. Temporary uses of water shall be reviewed on an annual basis to assure compliance with applicable conditions of issuance. Permits for the temporary use of water may be revoked by the City Manager upon a finding of failure to comply with conditions of permit issuance.
(Ord. 12-1088, § 6, passed 12-11-2012; Ord. 95-474, § 1, passed - -1995)