Board of Supervisors gives initial approval to Well Ordinance update

The Board of Supervisors on Tuesday gave initial approval to amendments to the county’s Well Ordinance, which would create a new regulatory process for approving well permits.

Under the amendments, before a well permit may be approved, potential adverse impacts on public trust resources in navigable waterways, such as the Russian River, would be analyzed and mitigated to the extent feasible. The amendments were created to reflect the county’s responsibilities under California’s public trust doctrine regarding natural resources such as waterways.

The board also voted on Tuesday to extend the current six-month moratorium on new, non-emergency well permits, which the board established in October 2022 to allow staff time to update the ordinance. The extended moratorium will expire upon the effective date of the amended ordinance if it is finally adopted on April 18.

The board also directed Permit Sonoma to return with a funding and implementation plan for development of a longer-term program to enhance how the county fulfills its public trust duty, including completing comprehensive studies, identifying needed funding and staffing resources.

The amended ordinance defines an area referred to as the Public Trust Review Area where groundwater pumping has potential to impact natural resources, such as endangered Coho salmon. Within this area, unless exempt, well applications would undergo review to determine impacts to public trust resources and issued permits would be conditioned to mitigate any impacts. Visit the Well Ordinance Update - Online Viewer to see the proposed Public Trust Review Area.

The amended ordinance also creates water conservation measures for all new wells, regardless of their location, and heightened water conservation measures for wells permitted within the public trust review area. 

The amended ordinance also includes requirements for well meter installation and water use reporting of certain new wells. The draft proposal exempts existing wells and new residential wells from meter and water level reporting requirements.

On Oct. 4, 2022, the Board of Supervisors directed Permit Sonoma to convene a technical advisory committee to advise on proposed amendments to the county’s Well Construction Ordinance. The Director of Permit Sonoma created a technical group and a policy group to enhance input into the draft ordinance.

The Policy Working Group and Technical Working Group informed the development of the proposed new framework for evaluation of impacts to public trust resources during the review of permit applications for drilling new or replacement groundwater wells. Nine public meetings were conducted between Nov. 17, 2022 and March 1, 2023.

The amended ordinance also creates requirements for well meter installation and water use reporting of certain new wells. The proposal exempts certain existing wells and new residential wells from meter and water level reporting requirements.

The well ordinance update came in response to evolving California case law that requires local governments to consider and mitigate impacts to public trust resources where feasible to essentially protect the health of rivers.

Under California’s public trust doctrine, the state and counties must hold certain natural resources in trust for the benefit of current and future generations. In 2018, the state Court of Appeal ruled that public trust doctrine applies to the permitting of groundwater wells that adversely impact navigable waterways, defined as rivers and streams that can be navigated in a small boat.

While groundwater itself is not a public trust resource, extraction of groundwater that reduces surface stream flows can adversely impact public trust resources in navigable waterways. The 2018 case, Environmental Law Foundation v. State Water Resources Control Board, focused on the permit process in Siskiyou County but the court’s decision set a precedent that applies to all counties in California.

California Coastkeeper Alliance filed a lawsuit against the County of Sonoma in July 2021 to force the county to comply with public trust doctrine when issuing well permits. The litigation settled following the County’s commencement of the public process to amend the well ordinance.

The proposed updates to the well ordinance will be considered by the board for final adoption on April 18.

Media Contacts:

Bradley Dunn, Permit Sonoma Policy Manager

Bradley.Dunn@sonoma-county.org

(707) 321-0502

2550 Ventura Ave.

Santa Rosa, CA 95403

Stuart Tiffen, Communications Specialist

stuart.tiffen@sonoma-county.org

(707) 565-1860

575 Administration Drive, Suite 104A

Santa Rosa, CA 95403