Protecting groundwater in drought times
By Paul Rovella
Lombardo
&
amp; Gilles
Despite initial estimates from the Bureau of Reclamation that
agricultural users of Central Valley Project water south of the San
Joaquin-Sacramento Delta would receive no water this year, the
Bureau has recently increased that estimate to delivery of 10
percent of the contracted water amount for agricultural users. For
San Benito County, this equates to 3,000 to 4,000 acre feet of
water, which is only a fraction of our historic use. In 2007-2008,
San Benito County received between 40-50 percent of its contracted
amount for ag uses, which was 14,000-18,000 acre feet). Due in part
to this reduced allocation, growers and landowners have been forced
to look to groundwater as a source of water for irrigation. Many
growers and landowners are drilling new wells or dusting the
cobwebs off old wells that were abandoned in favor of Central
Valley Project water.
Protecting groundwater in drought times
By Paul Rovella
Lombardo & Gilles
Despite initial estimates from the Bureau of Reclamation that agricultural users of Central Valley Project water south of the San Joaquin-Sacramento Delta would receive no water this year, the Bureau has recently increased that estimate to delivery of 10 percent of the contracted water amount for agricultural users. For San Benito County, this equates to 3,000 to 4,000 acre feet of water, which is only a fraction of our historic use. In 2007-2008, San Benito County received between 40-50 percent of its contracted amount for ag uses, which was 14,000-18,000 acre feet). Due in part to this reduced allocation, growers and landowners have been forced to look to groundwater as a source of water for irrigation. Many growers and landowners are drilling new wells or dusting the cobwebs off old wells that were abandoned in favor of Central Valley Project water.
For the grower or landowner who has decided to dig a new well, the next decision must be where to dig. In making the decision, a grower or landowner should consider among other things: geology, groundwater quality and supply, construction costs, environmental issues, water rights, and potential well and field locations. In addition to water rights concerns, well and field locations are particularly important because a grower or landowner who selects the wrong location could be transferring water unlawfully or could be forced to apply for and obtain a permit and pay additional fees and costs prior to using the well for irrigation.
Title 15 of the San Benito County Code provides, in general, that water cannot be taken from a well located in San Benito County for use outside the County. This was likely intended to prohibit the sale of water taken from aquifers in San Benito County for use on lands outside the County. However, if a single landowner owns property on both sides of a county line, then this prohibition might apply where water from a well on the San Benito side of the boundary is being used to irrigate lands located in the neighboring county.
Similarly, water cannot be taken from a new well for use on a separate parcel that either is not contiguous to the parcel with the well, or is not under the same ownership as the land upon which the well is located, without obtaining a permit. This regulation would apply in the following situations:
1. Farmer A pumps water from a newly constructed well located on his property and sells it to Farmer B to irrigate his lands, which are next door. Under this scenario, Farmer A would need to apply for and receive a permit from the San Benito County Water District.
2. Farmer A pumps water from a newly constructed well located on his property in northern San Benito County and transports it to the San Juan Valley to irrigate some other land that he owns there. Under this scenario, Farmer A would need to apply for and receive a permit from the district.
An applicant seeking a permit will need to pay an administrative fee and may be required to do the following: describe the amount of water to be taken and the crops to be irrigated; describe the environmental impacts of the proposed activity; and explain the status of the groundwater basin in the areas near the well. Prior to granting a permit, the District must consider this information, hold a public hearing, and determine that the proposed activity does not substantially impair the quality or quantity of the groundwater in San Benito County and that the activities are consistent with the San Benito County general plan.
Because the Central Valley Project and the State Water Project have provided San Benito County growers with the benefit of sufficient irrigation water, these limitations on groundwater pumping have seldom been used. However, with the recent increase in groundwater well construction due in large part to the substantial reduction in water from the Central Valley Project and State Water Project, it is likely that these limitations will take a more important role in our County’s agricultural industry.
This column is the work product of Lombardo & Gilles, LLP, which has offices in Hollister and Salinas. Paul Rovella is an attorney with Lombardo & Gilles, LLP. You may contact the author at (888) 757-2444 or email to pa**@lo****.com. Mail your questions to Paul Rovella, It’s the Law, c/o The Pinnacle, 380 San Benito St., Hollister, CA 95023.
