The following provisions apply to Projects that would extract or use groundwater resources in the Borrego Springs Subbasin. This area is identified in California's Groundwater (Bulletin 118) as basin No. 7-024.01 (California Department of Water Resources. 2020 update).
Water rights in the Borrego Springs Subbasin have been adjudicated. The adjudication of groundwater pumping rights in the Borrego Springs Subbasin was approved by the Superior Court of California on April 8, 2021: Borrego Water District v. All Persons Who Claim a Right to Extract Groundwater in the Borrego Valley Groundwater Subbasin No. 7.024-01 Whether Based on Appropriation, Overlying Right, or Other Basis of Right, and/or Who Claim a Right to Use of Storage Space in the Subbasin; et al. (Case No. 37-2020-00005776) [2021 Judgment].
All future water pumping will be subject to the 2021 Judgment and governed by the Borrego Springs Watermaster (Watermaster). The Watermaster, with oversight from the Superior Court of California, is the entity primarily responsible for managing groundwater resources in the Borrego Springs Subbasin and tasked with ensuring water is allocated according to established water rights. Water production in the Borrego Springs Subbasin is authorized and constrained in accordance with all terms and provisions contained in the 2021 Judgment and contained in Watermaster Rules and Regulations (adopted and amended from time to time in order to implement the terms of the 2021 Judgment). The 2021 Judgment assigns Baseline Pumping Allocations (BPAs) to specific landowners (except as to specific public agencies named in the 2021 Judgment) and attaches that BPA to parcels or wells in the basin. The BPA becomes the basis for annual pumping allowances to ensure sustainable groundwater management of the basin.
A. A Project listed in Section 67.711 proposing to use groundwater shall obtain adequate BPA for all proposed water uses in accordance with the requirements of the 2021 Judgment. Prior to approval of a Project, the applicant shall demonstrate to the satisfaction of the Director the ability to obtain necessary BPA.
(Added by Ord. No. 7994 (N.S.), effective 11-15-91; amended by Ord. No. 9644 (N.S.), effective 6-4-04; amended by Ord. No. 10249 (N.S.), effective 3-1-13; amended by Ord. No. 10866 (N.S.), effective 11-10-23)