Chapter 2.11
MANAGEMENT AND PROTECTION OF GROUNDWATER
Sections:
2.11.030 Prohibition of new or replacement nonagricultural wells.
2.11.040 Water conservation – Outdoor water regulations.
2.11.050 Emergency water restrictions.
2.11.060 Management and protection of groundwater.
2.11.070 Groundwater sustainability fund – Establishment.
2.11.080 Groundwater sustainability surcharge – Established.
2.11.090 Supplemental groundwater sustainability surcharge – Established.
2.11.100 Private, nonagricultural water well monitoring – Reporting – Fee.
2.11.110 Compliance/groundwater protection surcharge.
2.11.120 Compliance/groundwater protection fund.
2.11.130 Private well surcharge.
2.11.140 Water production statement.
2.11.150 Malaga groundwater management plan.
2.11.010 Purpose and intent.
A. Purpose. The District has the authority and obligation to manage and protect, for the common benefit of the District, the quality and quantity of groundwater supplies within the District. This includes the goal of identifying and implementing a groundwater management plan and an integrated and sustainable financing program in order to protect the quality and quantity of groundwater within the District. Additionally, the District has the authority to exercise appropriate powers to, in addition to the quality and quantity of the groundwater supply, prevent pollution, waste, and contamination of water.
B. Intent. It is the intent of this chapter that the District exercise any and all powers available to the District in furtherance of the purpose of this chapter, specifically those powers set forth in Article 9.7 of Part 5 of Division 12 beginning at § 31144.7 of the California Water Code. [Ord. 2016-1 § 2; Ord. 2014-1 § 3.]
2.11.020 Authority.
The powers described in this chapter include those powers set forth in Article 9.7 of Part 5 of Division 12 beginning at § 31144.7 of the California Water Code and are in addition to all other powers available to the District. [Ord. 2014-1 § 3.]
2.11.030 Prohibition of new or replacement nonagricultural wells.
A. Purpose and Intent. The purpose and intent of this section is to protect the quality and quantity of the supply of groundwater by prohibiting the construction or replacement of any nonagricultural wells within the boundaries of the District.
B. Prohibition. New or replacement nonagricultural wells are prohibited within the boundaries of the District unless the District determines that connection to the District’s water system pursuant to subsection (C) of this section is impossible or not economically feasible.
C. Connection Required. The owners of any building situated within the District must connect, at the owner’s expense, to the District’s water system located within 100 feet of the property line unless the District determines that the connection to the District’s water system is impossible or not economically feasible. In making such determination, the District may consider any and all relevant factors including the work and costs necessary for the District to extend its water service to within 100 feet of the owner’s property line, if such service is not available at the time the owner applies for water service. [Ord. 2014-1 § 3.]
2.11.040 Water conservation – Outdoor water regulations.
A. Prevention of Water Waste. No customer shall knowingly permit leaks or waste of water. Where water is wastefully or negligently used on a customer’s premises, the District may discontinue the service if such conditions are not corrected within five days after giving the customer written notice to correct such wasteful or negligent use.
B. Outdoor Water Use Restrictions. In the use of water supplied by the District, no customer shall do or permit any of the following:
1. Water any lawn except by the use of a hose held in the person’s hand with a shut-off nozzle or a sprinkling device; or
2. Keep, maintain, operate, or use any water connection, hose, faucet, hydrant, pipe, outlet, or plumbing fixture which is not tight and free of leakage; or
3. Willfully or negligently waste water; or
4. Flood any part of the premises of another; or
5. Sprinkle the premises of another so as to prevent the normal use thereof or unreasonably wet objects thereon which should not be subjected to a spray of water except as naturally caused by the elements or by action of the owner of the object; or
6. Sprinkle or irrigate any yard, ground, premises, or vegetation outside the prescribed water schedule which is as follows:
a. Summer Schedule (March to October).
i. Odd-numbered addresses’ (ending in 1, 3, 5, 7, 9) watering days are Tuesday, and Saturday.
ii. Even-numbered addresses’ (ending in 0, 2, 4, 6, 8) watering days are Wednesday and Sunday.
iii. No watering on Monday, Thursday or Friday.
iv. Outdoor watering is only permitted on the designated days between 7:00 p.m. and 6:00 a.m.
b. Winter Schedule (November to February).
i. Odd-numbered addresses’ (ending in 1, 3, 5, 7, 9) watering day is Saturday.
ii. Even-numbered addresses’ (ending in 0, 2, 4, 6, 8) watering day is Sunday.
iii. No watering on Monday, Tuesday, Wednesday, Thursday or Friday.
iv. Outdoor watering is permitted at any time on the designated days; or
7. Wash any privately owned motor vehicle, trailer, or boat except from a bucket or in a commercial car wash. A hose may be used for a quick rinse only if equipped with a shut-off nozzle; or
8. Wash or rinse with a hose or watering device any vehicle, sidewalk, driveway, parking area, tennis court, patio, or any other exterior paved area, except in a manner which prevents the bulk of the water runoff from entering the street and instead diverts such water to other productive purposes such as landscape irrigation. [Ord. 2021-1 § 1; Ord. 2014-1 § 3.]
2.11.050 Emergency water restrictions.
Nothing in this code shall prevent the Directors from declaring a severe drought and instituting emergency water restrictions as permitted by state law. Such declaration and imposition of emergency water restrictions shall be done by resolution of the Directors of the District. [Ord. 2014-1 § 3.]
2.11.060 Management and protection of groundwater.
The District may exercise any power to improve, protect, or manage the quantity and quality of the groundwater, for the common benefit of the District, within the District. Those powers, which include those enumerated in Article 9.7 of Part 5 of Division 12 beginning at § 31144.7 of the California Water Code, include, but are not limited to, the power to manage, replenish, regulate, and protect, for the beneficial use of persons or property within the District and the quantity and supplies of groundwater within the District. Additionally, the District may transfer, reclaim, purify, treat, inject, extract, or otherwise manage or control water and may levy and collect fees or charges for such activities which are enumerated in Cal. Water Code § 31144.71 in the manner provided for in Division 12 of the Cal. Water Code. Any such actions or powers may be exercised by resolution of the Directors of the District unless some other manner of approval is required by statute. [Ord. 2014-1 § 3.]
2.11.070 Groundwater sustainability fund – Establishment.
A. Purpose and Intent.
1. Findings.
a. The District is located entirely within a groundwater basin identified as a high priority basin as part of the California Statewide Groundwater Evaluation Monitoring Program by the Department of Water Resources as identified in the Department of Water Resources Bulletin 118 under the Sustainable Groundwater Management Act.
b. The basin where the District is located is, has been, and will likely continue to be in a state of overdraft unless the District, other agencies, and other persons extracting or using groundwater within the basin develop and implement a groundwater management plan or plans.
c. The development and implementation of an effective groundwater management plan whether by the District, in coordination with other agencies, or in cooperation with other agencies through a joint powers authority, memorandum of understanding, or other method will require a substantial, sustainable, and integrated funding source to provide adequate resources to, among other things, develop a new source or sources of water which reduce or eliminate overdraft such as recycling, reuse, use of surface water or groundwater replenishment and develop and implement a groundwater management plan which could include, but is not limited to, studies, consultants, monitoring, reporting, testing, and conservation, replenishment, recycling, or other projects.
B. Purpose and Intent. The purpose and intent of the groundwater sustainability fund is to provide a sustainable and integrated funding source to develop and implement a groundwater management plan with the goal of supplying, sustaining and protecting the quantity, quality and sustainability of the groundwater supply within the District’s boundaries and the groundwater basin wherein the District is located.
C. Groundwater Sustainability Fund – Established. There is hereby established by the Board of Directors of the Malaga County Water District a groundwater sustainability fund.
D. Source of Funds. The groundwater sustainability fund may be funded by the groundwater sustainability surcharge, the supplemental groundwater surcharge or any other charges or fees established by the District for the purpose of groundwater management or funding the groundwater sustainability fund as described by this section or chapter, or from any other source or sources as applicable such as grant monies.
E. Use of Groundwater Sustainability Fund. The groundwater sustainability fund may be used for any purpose related to the management and protection of the quality and quantity of the groundwater supplies within the District or for any other purpose described in § 31144.71 of the California Water Code or the SGMA. [Ord. 2016-1 § 3.]
2.11.080 Groundwater sustainability surcharge – Established.
A. Establishment. A groundwater sustainability surcharge is hereby established by the Board of Directors of the Malaga County Water District pursuant to, among other things, Article 9.7 and § 31144.72.
B. Amount of Surcharge. The amount of the GSS may be set and amended, from time to time, by resolution of the Board of Directors of the District in accordance with Article 9.7 or other applicable law.
C. Use of GSS. Revenue from the GSS will be put into the groundwater sustainability fund and used for any use authorized by that fund. [Ord. 2016-1 § 4.]
2.11.090 Supplemental groundwater sustainability surcharge – Established.
A. Establishment. The supplemental groundwater sustainability surcharge is hereby established by the Board of Directors of the Malaga County Water District.
B. Application. The SGSS shall apply to all customers that do not return a minimum amount of water, in the form of wastewater, received by the customer from the District water system or extracted by the customer to the District’s sewer system. The minimum amount to be returned will be determined and amended, from time to time, by resolution of the Board of Directors based on an engineer’s report. The minimum amount of potable water to be returned to the District as wastewater in the District’s sewer system may be expressed as a minimum percentage of wastewater discharge volume by a user of the potable water received or extracted by that user over a specified time period.
C. Amount of Surcharge. The amount of the supplemental surcharge shall be established and amended, from time to time, by resolution of the Board of Directors pursuant to Article 9.7 or other applicable law.
D. Use of SGSS. Revenue generated from the supplemental groundwater sustainability surcharge shall be put into the District’s groundwater sustainability fund and used for any use authorized for that fund. [Ord. 2016-1 § 5.]
2.11.100 Private, nonagricultural water well monitoring – Reporting – Fee.
A. Purpose and Intent. The purpose and intent of this section is to identify all private nonagricultural water-producing wells within the District; monitor the amount of water produced from these nonagricultural wells; use the information collected to prepare water production statements, determine whether a charge should be levied for groundwater produced for nonagricultural purposes within any zone or zones in the District in order to, among other things, develop and implement the District’s groundwater management plan.
B. Authority. This section is authorized by Article 9.7.
C. Identification. The District shall conduct a survey to identify all nonagricultural water-producing wells within the District.
D. Monitoring. Following identification, the owner of each nonagricultural water-producing well shall be given notice that they will be required to either connect to the District’s water system or affix a meter or other monitoring device, in a manner approved by the District Engineer, to determine the amount of water being produced by said well. If the owner of the property chooses to have a meter or other device installed to determine the amount of water being produced by the well, the District shall be allowed access to inspect and/or take readings from the meter as necessary pursuant to MCWDC 1.07.040. Any costs associated with the installation or maintenance of a meter or similar device and the costs associated with the connection to the District’s water system shall be borne by the property owner and done in a manner required by this code.
E. Reporting. Information received from private, nonagricultural water well monitoring shall be included in water production statements pursuant to Water Code §§ 31144.77 and 31144.78. The information may also be used for and part of the District’s groundwater management plan.
F. Fees. Pursuant to Article 9.7 and Water Code § 31144.76 or other applicable law, the District may levy or charge against all persons operating nonagricultural water-producing facilities within the District. The amount of the fees shall be determined, set, and amended, from time to time, by resolution of the Board of Directors. These fees shall be referred to as the private well fee.
G. Use of Private Well Fee. Revenue generated from the private well fee shall be put into the District’s groundwater sustainability fund and used for any use authorized for that fund. [Ord. 2016-1 § 6.]
2.11.110 Compliance/groundwater protection surcharge.
A. Findings.
1. The District recognizes the need to protect the quality, quantity, and sustainability of groundwater within the District.
2. The District further recognizes that an integral part of protecting the quality, quantity, and sustainability of groundwater within the District includes the need to protect the groundwater by, among other things, reducing the level of nitrogen, electro conductivity, or TDS and constituents in the treated water discharged by the District’s WWTF.
3. The District anticipates that the next NPDES permit issued to the District will have stricter controls on the receiving and/or discharging waters to protect the quality of the groundwater within the District.
4. That it is in the best interest of the District to develop and implement a program to reduce the levels of electro conductivity or TDS, nitrogen, or other constituents in treated wastewater discharged by the District’s WWTF.
B. Purpose and Intent. The purpose and intent of this section and chapter is to develop and implement a program to protect the quality, quantity, and sustainability of groundwater within the District by creating a compliance/groundwater protection surcharge to provide a sustainable and integrated funding source to develop and implement a plan for the protection of the quality, quantity, and sustainability of groundwater within the District’s boundaries and the groundwater basin wherein the District is located.
C. Compliance/Groundwater Protection Surcharge – Established. There is hereby established by the Board of Directors of the Malaga County Water District a compliance/groundwater sustainability surcharge. The amount of the surcharge may be set and amended from time to time by resolution of the Board of Directors pursuant to Article 9.7 or other applicable law.
D. Use of the Compliance/Groundwater Protection Surcharge. The compliance/groundwater protection surcharge shall be deposited in the compliance/groundwater protection fund and/or used for any purpose related to the quality, quantity, and sustainability of groundwater supplies within the District or for any other purpose described in § 31144.71 of the California Water Code, this chapter, the SGMA or any purpose permitted by the groundwater sustainability fund. [Ord. 2016-1 § 7.]
2.11.120 Compliance/groundwater protection fund.
A. Purpose and Intent. The purpose and intent of the compliance/groundwater protection fund is to use revenue generated by the compliance/groundwater protection surcharge or other source of funds to protect the quality and quantity and sustainability of the groundwater within the Malaga County Water District by, among other things, reducing nitrogen, electrical conductivity or TDS or other constituents in the water discharged by the District’s WWTF.
B. Establishment. A compliance/groundwater protection surcharge fund is hereby established by the Board of Directors of the Malaga County Water District pursuant to Article 9.7 and § 31144.72 and any other applicable law.
C. Source of Funds. The compliance/groundwater protection fund may be funded by the compliance/groundwater protection surcharge, or any other charges or fees established by the District for the purpose of compliance/groundwater protection as described in this section or chapter, or from any other source or sources as applicable such as grant monies.
D. Use of the Compliance/Groundwater Protection Fund. The compliance/groundwater protection fund shall be used by the District to protect the quality, quantity and sustainability of the groundwater within the District by designing and implementing a plan to improve the quality of the water discharged by the District’s WWTF or any other purpose permitted by this chapter including any purpose permitted by Article 9.7, the SGMA or the groundwater sustainability fund. [Ord. 2016-1 § 8.]
2.11.130 Private well surcharge.
A. Private Well Surcharge Established. The private well surcharge is hereby established by the Board of Directors of the Malaga County Water District.
B. Application. The PWS shall apply to all private nonagricultural water-producing wells within the boundaries of the Malaga County Water District.
C. Amount of Surcharge. The amount of the PWS shall be established and amended, from time to time, by resolution of the Board of Directors pursuant to Article 9.7 or other applicable law.
D. Use of Revenue. Revenue generated from the PWS shall be put into the District’s groundwater sustainability fund and used for any purpose authorized for that fund. [Ord. 2016-1 § 9.]
2.11.140 Water production statement.
In conjunction with this chapter, the District will, pursuant to Article 9.7, including Water Code §§ 31144.77 and 31144.78, prepare, annually, and amend as necessary, a water production statement. [Ord. 2016-1 § 10.]
2.11.150 Malaga groundwater management plan.
A. Purpose and Intent. Pursuant to Article 9.7 and this chapter, the District shall prepare, and amend, from time to time, a groundwater management plan titled the “Malaga groundwater management plan or MGMP” to manage the quality and quantity of water within the District.
B. Contents of the Plan. The MGMP may include, but is not limited to, the following:
1. A review and determination of whether the groundwater within the District is in a state of overdraft;
2. Identify and implement programs to protect the quantity of groundwater within the District including, but not limited to, monitoring, reporting, conservation, recycling and recharge;
3. Identify and implement programs to protect the quality of groundwater within the District including, but not limited to, monitoring, reporting, testing, EC/TDS reduction, and any other programs designed to protect the quality of the groundwater within the District; and
4. Identify sustainable and integrated funding sources, including those funding sources in this code, to ensure that any and all programs developed under the Malaga Code or any other applicable law to protect the quantity or quality of groundwater within the District have sufficient and ongoing funding to achieve the desired results.
C. Not Exclusive. The District may achieve the purpose and intent of this section or chapter by collaborating or coordinating with any other agencies including, but not limited to, a groundwater sustainability agency formed pursuant to the Groundwater Management Act or in any other lawful manner. [Ord. 2016-1 § 11.]