The Board of Supervisors of the County of San Benito finds and declares as follows.
(A) Imprudent operation of water wells, including, but not limited to, unfettered extraction of groundwater, especially for use on lands other than that from which the water is extracted, creates the potential of severe adverse environmental and economic impacts. The potential environmental and economic impacts of the withdrawal of groundwater and the introduction of imported groundwater into the aquifers threaten individuals, communities and the County of San Benito as a whole.
(B) There is no state system which provides for review of proposed extractions of groundwater for use on lands other than those from which the water is extracted. Therefore, proposed extractions are not subjected to scrutiny for adverse impacts on the persons or communities which may be, or would be, impacted by the extractions. Nor is there any requirement, except for projects subjected by San Benito County to CEQA review, which provides that person adversely affected by the proposed extractions shall be given actual or constructive notice of the proposed extractions and an opportunity to be heard respecting the proposals.
(C) Presently no state system exists under which such operation of wells are regulated in a meaningful manner. While Cal. Water Code §§ 1215 et seq. and §§ 10750 et seq. provide for the adoption, in limited situations of groundwater management plans by certain entities, they are not exclusive and are inadequate to address all of the concerns affecting the personal health and economic welfare of the residents of the County of San Benito.
(D) This chapter, in the judgment of the Board of Supervisors, is an appropriate exercise of the police power by the County of San Benito establishing:
(1) A permit requirement on conduct which consists of extracting groundwater from one parcel of land for use on another parcel or parcels of land not within the same sub-basin from which the groundwater is extracted or any other use that would export water that is not within the same sub-basin as described in the San Benito County Water District Annual Groundwater Report;
(2) A permit requirement on conduct which consists of injecting imported water into the groundwater basins and aquifers of San Benito County;
(3) Restrictions on the operation of wells in a manner which would, or could, adversely affect the operations of wells on adjoining property owned by others; and
(4) A system by which the Board of Supervisors can determine the availability of water resources and relative priority of new water uses for discretionary land uses, including projects approved prior to the effective date of the ordinance codified in this article, protect the safe yield of San Benito County water resources and promote the prudent and orderly economic development in unincorporated areas of the county and the welfare of San Benito County and its citizens.
(1966 Code, § 7C-1.00) (Ord. 664, § 1(part); Ord. 778, § 1(part); Ord. 921, § 1, 2013)