On March 28, 2022, Governor Newsom issued Executive Order (EO) N-7-22 which required additional review and analysis of applications for groundwater well permits. On February 13, 2023, EO N-7-22 was replaced by EO N-3- 23, although key elements of the original, in regard to well permits, were unchanged and are still in effect. Included in the EO are requirements that prior to issuing a new water well permit, all well permit applications must be evaluated, and a determination must be made that:
- The proposed well is consistent with any applicable Groundwater Sustainability Plan (GSP) and will not decrease the likelihood of achieving a groundwater basin sustainability goal, and
- The well will not likely interfere with the operation and function of existing nearby wells and is not likely to cause land subsidence that impacts nearby infrastructure.
Wells producing less than two acre-feet per year for individual domestic water use and public supply system wells are exempt from the EO. Monitoring wells or other wells not intended for extraction of groundwater, are also exempt from the EO well permitting procedures. The primary impact of the EO has been on agricultural, non-domestic well applications.
In 2022, Yolo County Environmental Health (YCEH) worked with a hydrogeologist from Luhdorff & Scalmanini, Consulting Engineers ("LSCE"), to develop temporary well permitting procedures to address the EO requirements. These temporary well permitting procedures, referred to as a Technical Memo (TM), have been in use since December 20, 2022. YCEH and LSCE recently updated the TM to incorporate feedback received on the TM and to reflect the requirements of the new EO (N-3-23).
Changes to the TM include:
- Added references to EO N-3-23.
- Added language to include that converting a well from a domestic well to an agricultural well use will require EO reviews.
- Added language to clarify that YCEH will not issue a well permit without written verification from the responsible Groundwater Sustainability Agency (GSA).
- Added language to define domestic water uses, which are exempt from the additional EO verification requirements.
- Added reference to the Yolo Subbasin Groundwater Agency (YSGA) Focus Areas.
- Added language advising applicants to contact appropriate GSA to ensure they are addressing all GSA requirements.
- Increased allowable distance for a replacement well from 100' to 200'.
- Added language to require documentation to replacement well section to verify a well has been in active use within the five years prior to the replacement well application date.
- Added language to include any best management practices or conditions from the GSA written verification into the well permit conditions.
- Added language to clarify what information must be included in a hydrogeologist report, if one is needed, to address the minimum separation distance requirement.
- Added language defining how long a well permit is valid (2 years), consistent with current practice.
YCEH has shared, and asked for feedback on the updated TM, with the Yolo County Farm Bureau, well drillers who work in Yolo County and other interested parties. The feedback received and our responses to each comment are included in Attachment B, along with a redline comparison showing the revisions to the TM (Attachment C). LSCE's additional technical memorandum regarding the documentation of the methods used to develop the well separation distances, which is referenced in some of the responses to comments, is included as Attachment D.
There are three Subbasins within the Yolo County boundary: Colusa, Solano and Yolo. Almost all of Yolo County is within the Yolo Subbasin which is managed by the YSGA. YCEH and the YSGA have closely coordinated in the planning for, and implementation of, EO compliance. The YSGA has identified areas of the County called "Focus Areas" that may be sensitive to groundwater pumping and warrant additional information and analysis. YSGA has developed a tiered review process for their review of the wells within these Focus Areas. Attachment E is the flowchart outlining the proposed process for the YSGA tiered well permit review and Attachment F is the YSGA's well permit review procedures, which the YSGA Board approved on March 18, 2024.
|