Ordinance No. 455THIS PAGE IS ONLY FOR REFERENCE AND NOT THE ORIGINAL DOCUMENT
ORDINANCE NO. 455
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
AUTHORIZING DISTRICT WATER SERVICE TO DOMESTIC WATER
WELL USERS AS A RESULT OF DECLINING GROUNDWATER LEVELS
AL TAHOE WELL USERS
BE IT ENACTED, by the Board of Directors of the South Tahoe Public Utility District, County
of El Dorado, California, as follows:
SECTION 1. Short Title
This Ordinance No. 455 shall be known and cited as the "Declining Groundwater
Levels Ordinance" of the South Tahoe Public Utility District.
SECTION 2. Policy and Purpose
A. The purpose of this Ordinance is to regulate, manage, conserve and protect the
District's ongoing water supply in such a manner that the District's water supply, including but not
limited to the groundwater resources within the boundaries of the District, will remain a viable
resource to be put to the most efficient and beneficial use by the District and its inhabitants, while
also safeguarding the health and safety of the District's inhabitants. The District is responsible for
managing the groundwater within its boundaries and is dedicated to preserving the quantity and
quality of its groundwater resources.
B. In response to declining groundwater levels within the District's boundaries,
the District intends to authorize District water service to persons who are currently utilizing wells
on their property for domestic uses and are experiencing a loss in their well production and/or
deteriorating water quality. The District is aware that many factors can cause or contribute to a loss
of production and/or deteriorating water quality in wells including declining water levels associated
with droughts, or mechanical problems, age or construction design of the well. As a matter of
District policy and irrespective of the actual cause of declining production and/or deteriorating water
quality in the wells, the District desires to offer these well owners District water service as a reliable
and cost effective source of supply to mitigate any potential adverse effects which may be attribu-
table to declining groundwater levels.
SECTION 3. Definitions
A. "Abandoned well" shall mean a well that has not been used for one year, unless
the owner demonstrates intention to use the well again in accordance with the provisions of Section
24400 of the Health and Safety Code.
B. "Active well" shall mean a water well that is routinely operated and supplies
greater than or equal to five percent (5 %) of the water supply requirement of the property upon
which it is located.
ORDINANCE NO. 455
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
AUTHORIZING DISTRICT WATER SERVICE TO DOMESTIC WATER
WELL USERS AS A RESULT OF DECLINING GROUNDWATER LEVELS
BE IT ENACTED, by the Board of Directors of the South Tahoe Public Utility District, County
of El Dorado, California, as follows:
SECTION 1. Short Title
This Ordinance No. 455 shall be known and cited as the "Declining Groundwater
Levels Ordinance" of the South Tahoe Public Utility District.
SECTION 2. Poliey and Purpose
A. The purpose of this Ordinance is to regulate, manage, conserve and protect the
District's ongoing water supply in such a manner that the District's water supply, including but not
limited to the groundwater resources within the boundaries of the District, will remain a viable
resource to be put to the most efficient and beneficial use by the District and its inhabitants, while
also safeguarding the health and safety of the District's inhabitants. The District is responsible for
managing the groundwater within its boundaries and is dedicated to preserving the quantity and
quality of its groundwater resources_
B. In response to declining groundwater levels within the District's boundaries,
the District intends to authorize District water service to persons who are currently utilizing wells
on their property for domestic uses and are experiencing a loss in their well production and/or
deteriorating water quality. The District is aware that many factors can cause or contribute to a loss
of production and/or deteriorating water quality in wells including declining water levels associated
with droughts, or mechanical problems, age or construction design of the well. As a matter of
District policy and irrespective of the actual cause of declining production and/or deteriorating water
quality in the wells, the District desires to offer these well owners District water service as a reliable
and cost effective source of supply to mitigate any potential adverse effects which may be attribu-
table to declining groundwater levels.
SECTION 3. Definitions
A. "Abandoned well" shall mean a well that has not been used for one year, unless
ttie owner demonstrates intention to use the well again in accordance with the provisions of Section
24400 of the Health and Safety Code.
B. "Active well" shall mean a water well that is routinely operated and supplies
greater than or equal to five percent (5 %) of the water supply requirement of the property upon
which it is located.
C. "Applicant" shall mean the person who seeks a connection fee exemption and
reimbursement of connection costs as set forth in this Ordinance or the person who seeks a variance
permit for concurrent supplies of water as set forth in this Ordinance, as the context may indicate.
D. 'Board" shall mean the Board of Directors of the South Tahoe Public Utility
District.
E. "Destroyed Well" shall mean a well that is no longer useful and that has been
completely filled in accordance with the procedures described in Section 23 of the California Well
Standards, California Department of Water Resources Bulletin 74 -81 and Bulletin 74 -90 (Supple-
ment to Bulletin 74 -81).
F. "District" shall mean the South Tahoe Public Utility District or its duly
authorized representative, as the context may indicate.
G. "Domestic use" shall have the meaning ascribed to it by California Code of
Regulations, Title 23, section 660.
H. "Extraction" shall mean the act of obtaining groundwater by pumping or other
controlled means.
I. "Extraction facility" shall mean any device or method for the extraction of
groundwater, including a well.
J. "Groundwater" shall mean the water beneath the surface of the earth within
the zone below the water table in which the soil is completely saturated with water, whether or not
flowing through known and defined channels.
K. "Industrial use" shall have the meaning ascribed to it by California Code of
Regulations, Title 23, section 665.
L. "Main" shall mean a principle water supply pipeline for public or community
use to which branch pipelines are tributary.
M. "Person" shall mean any individual, firm, partnership, general corporation,
association or governmental entity. Governmental entity, as used herein, shall not include any local
agency exempt from the application of this Ordinance pursuant to State law.
N. "Radius of influence" shall mean the distance from the center of a well to the
limit of the cone of depression_
O. "Subject property" shall mean any legal parcel for which an applicant is
seeking District water service pursuant to this Ordinance, a connection fee exemption and reim-
bursement of connection costs, or any legal parcel for which an applicant is seeking a variance
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permit to supply with multiple sources of water or any legal parcel which is receiving water supplied
from both the District and some other source, as the context may indicate.
P. "Well or water well" shall mean any artificial excavation constructed by any
method for the purpose of extracting groundwater. Well or water well shall not include:
(1) Oil and gas wells, or geothermal wells constructed under the jurisdiction
of the California State Department of Conservation, except those wells converted to use as
water wells; or
(2) Wells used for the purpose of.
(a) Dewatering excavation during construction, or
(b) Stabilizing hillsides or earth embankments.
SECTION 4. Findings
A The water supply of the District is a valuable commodity, which the District
appropriates and dedicates to beneficial and efficient public use by the District and its inhabitants.
B. The District is responsible for regulating, managing, conserving, protecting and
preserving its water supply, both quantity and quality, in such a manner as not to jeopardize the
health and safety of its inhabitants.
C. The District provides a healthful, potable water supply at a reasonable cost to
all lands within the water service area of the District.
D. The District has determined that it has an available and adequate supply of
potable water to meet the needs of its existing and future customers within its water service area.
E. The District has investigated the costs associated with drilling new wells or
redrilling existing wells within the boundaries of the District, as well as the cost of producing water
from these wells taking into account energy costs, the amortized costs of capital investments and
improvements and the wells' useful life expectancy.
F. The District has investigated the quality of water provided to its customers
through the District's water distribution system and found that the quality of water is comparable or
superior to the quality of groundwater extracted through privately owned or operated wells.
G. Based upon the foregoing investigations and determinations, the District finds
it can offer water service of comparable quantity, quality and cost to persons who are currently
utilizing wells on their property for the extraction of groundwater for domestic uses and are experi-
encing a loss in their well production and/or deterioration in water quality.
SECTION 5. Authorization of District Service
The District shall provide requested water service under reasonable terms and condi-
tions through the District's water distribution system to persons who are currently utilizing an extrac-
tion facility on their property for the extraction of groundwater for domestic uses in identified areas
of potential declining groundwater levels and who are experiencing, or have experienced, a loss of
production and/or deterioration in water quality in their wells at any time during the period from
August 25, 1993 to August 25, 2000 and who make a showing that 1) their existing wells which
have been in operation on or after August 25, 1993, are located within the radius of influence of the
District's Municipal Wells; and 2) the loss of production and/or deterioration in water quality was
caused or contributed to by the groundwater extraction activities of the District. The District shall
have the right to enter upon any property at any reasonable time to make examinations for the
purpose of verification of loss of production and/or deterioration in water quality, subject to the
provisions of Code of Civil Procedure section 1822.50, et seq. The District may subsequently revise
and extend this time period based upon the results of hydrogeologic studies and investigations
prepared by, or on behalf of, the District. The District shall provide requested water service to these
private well owners' subject property of comparable quantity and quality in accordance with the
District's rules and regulations. The District shall provide requested water service to these private
well owners' subject property at no cost to the owner of the subject property for a period of fifteen
(15) years following the date of connection to the District's water distribution system. Thereafter,
the District shall charge the owner of the subject property the then prevailing rate for District water
service as provided in the applicable District rules and regulations.
SECTION 6. Connection Fees and Costs; contents, decision
Any person currently extracting groundwater for domestic uses, who is experiencing,
or has experienced, a loss of production and/or deterioration in water quality in his or her extraction
facility at any time during the period from August 25, 1993 to August 25, 2000, and makes a
showing that the loss of production and/or deterioration in water quality was caused or contributed
to by the groundwater extraction activities of the District may apply to the District for a connection
fee exemption and reimbursement of connection costs. The District shall reimburse the licensed
contractor employed by those persons who make such a showing for all reasonable costs associated
with connection to the District's water distribution system, including but not limited to construction
of pipeline laterals, installation of meters, delivery and installation of a point of use water filter and
one (1) year's supply of water filter elements and destruction of the well(s) on the subject property,
but excluding the construction of a main or mains. This exemption and reimbursement shall not
apply to persons extracting groundwater for industrial uses or to persons extracting groundwater for
combined industrial and domestic uses where the industrial use is the predominant (greater than
70 %) use.
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SECTION 7. Application for Connection Fee Exemption and Reimbursement of
Connection Costs
A_ Application for a connection fee exemption and reimbursement of connection
costs shall be made in writing on such form as may be prescribed by the District, signed by the
applicant and shall include the following:
(1) Applicant's name and address
(2) Location of the subject property for which the exemption and reimburse-
ment is sought, including the street address and assessor's parcel number(s).
(3) Description of the legal interest the applicant has in the subject property
(i.e., owner) and the name and address of the owner of the subject property if the applicant
is not the owner.
(4) A detailed description of the extraction facility(ies) located on the subject
property. Such description shall include, if known:
(a) Date when loss of production and/or deterioration in water quality
was first experienced.
(b) Depth of the well.
(c) Perforation intervals.
(d) Date of construction.
(e) Casing size.
(f) Flow rate.
(g) Static water level.
(h) Physical condition of the well.
(1) Proximity to District's municipal wells.
(j) Any other information as the District may deem necessary in order
to determine whether an exemption and reimbursement should be
granted.
The District shall have the right to enter upon any property at any reasonable time
to make inspections and examinations for the purpose of verification of the information provided
5
in the applicant's description of the extraction facility(ies), subject to the provisions of Code of Civil
Procedure section 1822.50, et seq.
B. Each application for a connection fee exemption and reimbursement of connec-
tion costs shall be reviewed and evaluated for approval by the District's General Manager or his or
her designee as soon as practicable after the application is filed in proper form.
SECTION 8. Prohibitions
A. Pursuant to District Ordinance No. 394 establishing control of cross- connec-
tions in order to protect the public potable water supply of the District and to promote the elimina-
tion or control of existing cross - connections, and as a condition to the provision of District water
service, it shall be unlawful for any property located within the District to receive water service from
the District and concurrently receive water supplied from a water well located on the subject
property or a water well located on any other property located within the boundaries of the District.
B. The prohibition of subsection (A) of this section does not apply to any property
that, as of the effective date of this Ordinance, is receiving water service from the District and con-
currently receiving water from an active well located on the subject property in compliance with
Ordinance No. 394 establishing control of cross - connections.
SECTION 9. Variance Permits: contents, hearing, decision
Any person seeking to supply a subject property from two or more supplies of water,
one of which is from the District, must receive prior approval from the District by applying for a
variance permit.
SECTION 10. Application for Variance Permit
A. Applications for a variance permit shall be made in writing to the District on
such form as may be prescribed by the District, signed by the applicant and shall include the
following:
(1) Applicant's name and address.
(2) Location of the subject property to which concurrent water supply is
sought, including the street address and assessor's parcel number(s).
(3) Description of the legal interest the applicant has in the subject property
(i.e., owner) and the name and address of the owner of the subject property if the applicant
is not the owner.
(4) A description of the water supply sources, other than the District, from
which the subject property will be supplied in compliance with Ordinance No. 394 estab-
lishing control of cross- connections. The costs of the required backflow preventer under
Ordinance No. 394 shall be borne solely by the applicant.
B. Each application for a variance permit shall be reviewed and evaluated for
approval by the District's General Manager or his or her designee as soon as practicable after the
application is filed in proper form.
C. The issuance of a variance permit hereunder shall be deemed a discretionary
act and issuance shall be in the sole discretion of the District given the standards and policies set
forth under this Ordinance. In approving discretionary permits, the District's General Manager or
his or her designee is hereby authorized to impose any reasonable conditions, modifications, or limi-
tations on any part of the application which are deemed necessary to eliminate or substantially
mitigate any significant adverse impact on the environment, the District groundwater resource, and
any other District water supply sources, for the health and safety of the inhabitants of the District
and otherwise carry out the purpose and goals of this Ordinance. As a discretionary act, issuance
of a variance permit requires compliance with the California Environmental Quality Act (Public
Resources Code sections 21000, et seq.) The District's General Manager or his or her designee may
determine whether the applicant's existing well is subject to a categorical exemption pursuant to
California Code of Regulations, title 14, section 15301 (CEQA Guidelines section 15301).
D. As a condition of the issuance of a variance permit by the District, a release
shall be given by the applicant to the District relinquishing all existing and future claims against the
District related to quantity and/or quality of the water the applicant receives from the well or wells
on the subject property or water well or wells located on any other property within the boundaries
of the District. The release shall be on such form as may be prescribed by the District and shall be
submitted concurrently upon the District's issuance of a variance permit. The release touches and
concerns and runs with the subject property and shall be recorded by the District with the County
Recorder's Office.
SECTION 11. Permit Expiration, Renewal
A. Every variance permit issued pursuant to this Ordinance expires upon the date
specified in the permit or upon the abandonment and/or destruction of the applicant's well.
B. Should the conditions on the subject property so warrant, the variance permit
may be renewed by filing a new application for a variance permit in accordance with the provisions
of this Ordinance. There is no limit to the number of times a variance permit may be issued for the
subject property should conditions so warrant.
SECTION 12. Suspension or Revocation
A. The District may suspend or revoke a variance permit issued under this Ordi-
nance whenever the District determines that a permit condition or term has been violated or that an
applicant has misrepresented any material fact in the application for a variance permit.
1;
B. Before the District suspends or revokes a variance permit, the District shall
make reasonable effort to notify the applicant, to allow the applicant an opportunity to show cause
why the permit should not be suspended or revoked.
C. Upon notification by the District that the permit is suspended or revoked, the
District may terminate District water service to the subject property.
SECTION 13. Appeals from Denial, Suspension, Revocation
Any person whose application for a permit has been suspended, revoked or denied
may appeal to the Board of Directors in writing within ten (10) days after notice of such suspension,
revocation or denial. Said appeal shall specify the reasons therefor and shall be accompanied by a
filing fee, if any, as established by the Board. The Secretary of the District shall set the appeal for
hearing and shall give notice to the appellant and the appropriate District personnel of the time and
place of the hearing.
SECTION 14. Right of Entry to Inspect
The District shall have the right to enter upon any property at any reasonable time
to make inspections and examinations for the purposes of enforcement of this Ordinance, subject
to the provisions of Code of Civil Procedure section 1822.50, et seq.
SECTION 15. Liability for Violations
Any person violating any of the provisions of the Ordinances, rules or regulations of
the District shall become liable to the District for any expense, loss or damage occasioned by the
District by reason of such violation.
SECTION 16. Application
The provisions of this Ordinance shall be read in conjunction with and complement
all other District Ordinances and Resolutions and shall apply to all persons residing within the boun-
daries of the District.
SECTION 17. Termination
Board_
This Ordinance shall remain in full force and effect until repealed by action of the
SECTION 18, Severabilit
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
Ordinance and its implementing rules and regulations, or any part thereof, is for any reason held to
be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions
of this Ordinance. The Board hereby declares and determines that it would have passed cacti
section, subsection, subdivision, paragraph, sentence, clause or phrase thereof of this Ordinance and
its implementing rules and regulations irrespective of the fact that any one or more sections, sub-
sections, subdivisions, paragraphs, sentences, clauses or phrases may be determined to be unconsti-
tutional or invalid.
PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public Utility District at
its duly held regular meeting on the 7th day of September , 1995, by the following vote:
AYES: Strohm, Mason, Wallace, Jones, Mosbacher
NOES: None
ABSENT: None
ay_ojh' 2 ta'p�
DUANE WALLACE, PRESIDENT OF THE BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
ATTEST: 14;�Acvlc�v�
ROBERT BAER, GENERAL MANAGER
SOUTH TAIIOE PUBLIC UTILITY DISTRICT
24528/7487.2
9
AFFIDAVIT OF POSTING
State of California
County of El Dorado
)
)ss
1
1, p&j i j Do1an being first duly sworn, deposes and says:
That for and on behalf of the Clerk of Board of the SOUTH TAHOE
PUBLIC UTILITY DISTRICT, affiant posted copies of
n .i;,,anrP 455
in form attached hereto and by reference made a part hereof, in four (4) public
places in the District as follows:
1. City of South Lake Tahoe
Administration Building
South Lake Tahoe, CA
2. Al Tahoe Post Office Station
South Lake Tahoe, CA
3. Tahoe Valley Post Office Station (Y area)
South Lake Tahoe, CA
4. Tahoe Paradise Post Office Station
South Lake Tahoe, CA
That said posting was completed on the
_' day of -�
19 95
Si�ned by:
t
Subscribed and sworn
to me this 20th f
day of September Clerk � Board
of
19 SOUTH HOE PUBLIC UTILITY DISTRICT