A
RESOLUTION ESTABLISHING DISTRICT POLICY
CONCERNING
GROUNDWATER USED ON PARCELS
LOCATED
PARTIALLY OUTSIDE DISTRICT ZONES OF BENEFIT
WHEREAS, the lands within Zone 3 are and have been
assessed for the construction, operation, and maintenance of Hernandez and
Paicines Reservoirs for the augmentation of groundwater supplies within Zone 3;
and
WHEREAS,
the lands within Zone 6 are and have been assessed for the construction,
operation, and maintenance of facilities to bring supplemental water to Zone 6
from the Federal Central Valley Project; and
WHEREAS,
the District monitors the water use, groundwater extraction and groundwater
level data for the groundwater basins within the District on an annual basis;
and
WHEREAS,
in the absence of the supplemental supply and groundwater augmentation provided
by the operation of the Zone 3 and Zone 6 projects (²zone projects²), the native water
recharge of the groundwater basins of these zones is insufficient to supply the
water needs of the lands within Zone 3 and Zone 6; and
WHEREAS,
the owner of any land lying directly above the groundwater basin has the
overlying right to pump groundwater from the aquifer for reasonable and
beneficial use on said land; and
WHEREAS,
if the District were to seek limits on groundwater extractions based upon the
theory of overlying rights, all owners of land overlying the basin and all
users of water from the basin would have to be named in a court action seeking
an adjudication of the groundwater rights which action would be exceedingly
expensive, time consuming and divisive; and
WHEREAS,
the District Board hereby sets forth its policy concerning Zone 3 and Zone 6
water availability to such parcels;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. Definitions:
A. Parcel One lot, piece, parcel or tract of land under one
ownership, as identified in the last equalized assessment roll, all or a
portion of which is located in Zone 3 or Zone 6.
B. Groundwater: Subsurface water in the area in which
the soil is completely saturated with water.
C. Watershed: A
surface water hydrologic unit; the area drained by a stream, creek or river.
D. Groundwater basin: A groundwater reservoir, defined on
the basis of geological and hydrological conditions; a geologic basin or
trough-shaped structure that is filled with porous or permeable material that
stores and transmits water.
E. Overlying Right: The
right of an owner of a parcel of land to take groundwater from underneath that
parcel for reasonable and beneficial use thereon within the groundwater basin.
F. Zone Project:
Zone 3: Water
collected in the Hernandez Reservoir and/or Paicines Reservoir from the San
Benito River and its tributaries, released into the San Benito River and Tres
Pinos Creek for the purpose of direct percolation for augmenting the
groundwater supplies in said zone.
Zone 6: Supplemental
water imported from the Federal Central Valley Project through District
facilities and served directly to agricultural and municipal and industrial
customers (in-lieu recharge) through a local pipeline distribution system (San
Felipe Project) or percolated into the underground in Zone 6 (direct
percolation).
2. It
is the policy of the District that water developed by a zone project shall be
available on an equitable basis to all land assessed for that project; and that
such water supply shall be preserved or disposed of by the District for the
benefit of the lands within such zones, to the maximum extent practicable;
3. The
amount of supplemental groundwater made available by projects in each zone of
benefit within the District will be calculated by the District annually;
4. The amount of supplemental groundwater made available by a zone project to each acre of land within the zone is capable of calculation and will be calculated for each zone annually;
5. Parcels
partially within Zone 3 and/or Zone 6 and not overlying the groundwater basin
will be considered entitled to the use of an amount of groundwater on the
parcel based on the parcel's acreage within the zone multiplied by the amount
of supplemental groundwater provided by such zone project(s). The District will not object to the use of
such supplemental water for reasonable and beneficial uses anywhere on the
parcel provided that no water may be exported directly or indirectly, out of
the watershed from which it is pumped.
Water service to said parcel of land shall be from a well(s) extracting
groundwater from the groundwater basin in which the Zone project(s) develops
supplemental water. The parcel shall
have access to groundwater by arrangement(s) with the other landowner(s) owning
the property(ies) on which the well(s) is located. Such access to groundwater may include access through a community
water system (i.e., water company, or similar private water system exercising
property rights). Access to groundwater
shall not be through a public water system.
6. Parcels
partially within Zone 3 and/or Zone 6 and overlying the groundwater basin will
be considered entitled to supplemental groundwater for the portion of the
parcel within the zone(s) in addition to its overlying right to pump
groundwater from the aquifer for reasonable and beneficial use on said
land. Access to the supplemental water
will be from a well subject to the District rates and charges for that zone(s)
7.
If
any portion of a parcel partially overlies a groundwater basin, the District
will not object to the reasonable and beneficial use of groundwater on any
portion of the parcel, provided the water is pumped from a well on that parcel
and that no water is exported directly or indirectly out of the watershed from
which it is pumped.
8. Groundwater stored in the District's groundwater basins through the District's projects (either by -in-lieu recharge or direct percolation), which is in excess of the foreseeable needs of the lands within the zones of benefit, may be made available by the District on an interruptible basis, for non-residential uses, with a priority to parcels partially within a zone of benefit, upon payment of applicable fees and charges established by the District and payable to the zone granting the benefit.
9. Groundwater
service for parcels partially within Zone 3 and/or Zone 6 shall be subject to a
non-transferable water service agreement between the owner(s) of the parcel(s)
and the District. Agreements
implementing this policy shall include provisions for review/renewal at
intervals of not more than five (5) years and shall be subject to District
Rules and Regulations.
10. If the parcel(s) or any portion of the parcel(s) have not been and/or are not being assessed (taxed) for the benefits of the Zone project(s) or if assessments (taxes) are in arrears the matter shall be referred to the Board of Directors. The Board of Directors shall determine eligibility for service and/or any fee to be levied as a condition of service.
The foregoing Resolution was
passed and adopted at a regular meeting of the Board of Directors of the San
Benito County Water District held on the 28th of June, 2000, by the
following vote:
AYES: DIRECTORS: Keck, Tobias, Perry,
Swanson, Gonzales
NOES: DIRECTORS: None
ABSENT: DIRECTORS: None
_________/s/John
Tobias____________
President
ATTEST:
______/s/Janet
L. Torres_______________
Janet L. Torres
Administrative
Services Officer