Agenda Item Wording:
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Authorize staff to develop an addendum to the Water Conservation Ordinance to address non-de minimis water users who operate their own well to voluntarily enroll with the Mid-Kaweah Groundwater Sustainability Agency as an alternative to the City’s water conservation irrigation requirements.
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Deadline for Action: 6/19/2023
Submitting Department: Administration
Contact Name and Phone Number: Rhett Anderson, (559) 713-4530
Department Recommendation:
It is recommended that the Visalia City Council authorize staff to develop an amendment to the Water Conservation Ordinance to provide for an alternative to non-de minimis (more than 2 non-ag acres) users who operate their own well to comply with all the policies, requirements and fees of the Groundwater Sustainability Agency as a member of that agency in lieu of operating under the City’s Water Conservation Ordinance including an up to three-month transition period.
Background Discussion:
There are several public and private organizations within the City of Visalia that have large land parcels, have operate independent wells and are large water users. While these organizations have been required to comply with the City’s ordinance, the implementation of the Mid-Kaweah Groundwater Sustainability Agency (GSA) and the nature of their usage, will soon supersede the City’s Ordinance provisions for these type of users. However, it will be another 12-24 months before the GSA provisions are fully implemented in urban settings. There are some large water users who may find it more appropriate to their business to comply with the GSA voluntarily. Staff has assessed this option, and believes that it is congruent with the overall goal of water conservation, and will create a better business environment for some users thereby offering an alternative for early compliance with the GSA is a viable option. To do so would require an ordinance amendment. Staff is seeking that directive and will return to Council with an ordinance amendment if Council concurs with this recommendation.
As a groundwater dependent municipality, the condition of the groundwater aquifer is vital to the health and safety of the residents in Visalia. Whereas the majority of commercial and residential properties within the City are supplied water through the City’s primary water utility provider, California Water Service, there are users who own and operate independent wells and are large water users. In some cases, these entities may be irrigating 10 or more acres. Such entities have been required to operate under the Water Conservation Ordinance as there is currently no limitation to the amount of water that can be extracted from a non-ag private groundwater wells in the City of Visalia. Current limitations outlined in the conservation ordinance restrict irrigation days and times, and a provision to not waste water, but not specific volumes.
Due to extreme weather patterns, low allocations, and increased demand in water, the western United States has experienced low water supplies throughout recent decades, including depleting groundwater storage. Increased demand resulted in a dependance of groundwater supplies, and an increase in groundwater uptake resulted in a number of long-term negative effects. In 2014, governor Grown passed the Sustainable Groundwater Management Act, which set objectives for critically over drafted subbasins in order to prevent further damage to the areas that are affected by receding groundwater tables. The City of Visalia is one of three partner agencies within the Mid Kaweah GSA, responsible for ensuring the groundwater aquifer is protected within the region. Should Visalia, and the Mid Kaweah GSA fail to meet the objectives defined by the State of California, groundwater allocations will be determined by the State, which may conflict with local interests. Appropriate management of groundwater has historically been a top priority for the City, implementing the first water conservation ordinance in 1989. The ordinance includes different stages of restriction depending on drought conditions and is determined by the council on an annual basis. The City of Visalia is currently within stage 2 of the ordinance, as determined by the City Council in March, 2023. Specific sections of the water conservation ordinance have been requested by entities for exemptions, but such exemptions may not lead to the appropriate water usage needed to reach sustainability as a Basin. A more comprehensive approach, that is based on actual water usage, appears to be a better solution for these entities and in reaching the overall goal.
As a part of the Mid Kaweah groundwater allocation program, groundwater is monitored for all groundwater users that occupy an ag parcel larger than two acres. At the moment, there is no regulation of groundwater users larger than two acres of non-ag land. The extent of restriction for groundwater users within the City of Visalia stops at the water conservation ordinance, which currently has no mechanism to limit actual groundwater consumption, rather the activities commonly associate with high water use. This regulation is effective at limiting unnecessary use of water for smaller, landscaped parcels, but larger landscapes can be difficult to manage under the regulation of the water conservation ordinance due to higher demand required from large irrigation systems, specifically being able to effectively irrigate while also abiding by time restrictions outlined in the conservation ordinance. By allowing private entities with higher water use to be regulated under the GSA, the volume of water used by those entities will be monitored via satellite imaging, known as evapotranspiration (ET) monitoring.
By enrolling within the GSA, approved entities would be enlisted in a comprehensive groundwater monitoring and regulatory program, in which accurate data water consumption can be quantified, and inversely debited from the water users groundwater allocation. Not only is this method of monitoring more effective, but this transfer of responsibility would be at no cost to the City. While the City of Visalia is currently capable of monitoring and limiting specific irrigation activities, there are no abilities to monitor actual water consumption of private wells within City limits.
Should any appropriate entity fail to enroll within a three-month transition period that would begin when the entity files a letter of request to join the GSA, Staff would propose implementing a fine structure that would be consistent with violations under the Conservation Ordinance.
Any entity enrolled with the GSA would still be required to comply with State laws and mandate, such as the requirement for commercial properties to not irrigate non-functional turf, etc.
Fiscal Impact:
There is no direct fiscal impact as a result of this agreement.
Prior Council Action: None.
Other: None.
Alternatives: The City Council may choose to not direct staff to amend the water conservation ordinance.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to authorize staff to return with an amendment to the Water Conservation Ordinance that would provide for non-de minimis users to join the Mid-Kaweah GSA as an alternative to complying with the Water Conservation Ordinance provisions.
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Environmental Assessment Status: None.
CEQA Review: N/A
Attachments: None.