Chapter 5-40
WATER WELLS
Sections:
5-40.020 Unlawful use of water.
5-40.040 Civil execution on fine.
5-40.010 Definitions.
The following terms as used in this chapter shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth:
“Beneficial use” or “beneficial purpose” means the causing, suffering or permitting of any water pumped or flowing from any well to be used for the purpose of irrigation of lands and/or for domestic use and/or for the propagation of fish.
“Irrigation of land” means the artificial application of water to lands whenever rainfall is insufficient to meet the full water requirements of crops, applied to lands in such quantities and in such manner, from time to time during the growing season of the trees or plants being irrigated, as will provide sufficient moisture to promote plant growth, having reference to the particular kind of crops grown and the particular type of soil involved.
“Propagation of fish” means the breeding and/or propagating of edible or pet species of fish where such breeding and/or propagation is carried on as a commercial enterprise.
“Unnecessarily flow” means the causing, suffering or permitting water flowing from an artesian well or pumped from a pumping well to be stored or used for any purpose other than a beneficial use or beneficial purpose, as defined in this section.
“Waste of water” means:
1. The causing, suffering or permitting of any water pumped or flowing from any well to run into any river, creek or other natural watercourse or channel, or into any bay or pond or artificial reservoir, or into any street, road or highway, unless it be used thereafter for a beneficial purpose; and where such water is caused, suffered or permitted to be run into any pond or artificial reservoir, such storing of water shall be deemed a waste of water, unless it is used thereon for the beneficial purposes of domestic use and/or propagation of fish and/or thereafter removed therefrom and used for the beneficial purpose of irrigation.
2. The causing, suffering or permitting any water pumped or flowing from any well to run upon the land of any person, or upon the public lands of the United States or the state of California, unless it be used thereon for the beneficial purposes of irrigation thereof or for the propagation of fish.
3. The causing, suffering or permitting any water pumped or flowing from any well to be used for a beneficial purpose, where such beneficial use allows more than five percent of the water so pumped to escape in such a way as would define the use of such escaped water to be classified as “waste of water” under this section.
“Water well” or “wells” means an artificial hole made in the ground through which water naturally flows from subterranean sources to the surface of the ground, commonly known and designated as an artesian well, or any well from which water is obtained by means of a pump or other mechanical device, commonly known and designated as a pumping well. (OCC § 4-5-1)
5-40.020 Unlawful use of water.
It is unlawful for any person, firm, copartnership, corporation or association of individuals, either as owner, tenant, manager, agent or employee, to cause, permit or suffer any water well or wells, under the ownership, control or management of such person, firm, copartnership, corporation or association of individuals, to be operated or used in such manner as to cause, suffer or permit the water from such well or wells to unnecessarily flow or be pumped therefrom or to go to waste. (OCC § 4-5-2)
5-40.030 Abandoning of wells.
Wells shall be abandoned using the regulations of the Orange County Health Department (Article 2 of Division 5 of Title 4 of the Orange County Code). (Added during 1998 codification)
5-40.040 Civil execution on fine.
Any fine imposed for violation of the provisions of this chapter may be collected as in other criminal cases, and the Court may also issue an execution upon the judgment therein rendered and the same may be enforced and collected as in civil cases. (OCC § 4-5-3)