Large scale development groundwater balance Board of Supervisors Hearing August 8, 2017

Settlement Agreement The Gunner Ranch West project was approved on July 21, 2014 and was subsequently litigated A Settlement Agreement was entered into early 2017 between Madera County, Madera County Farm Bureau, and Gunner Ranch West property owners Settlement Agreement requires the following: The Board of Supervisors to adopt a Groundwater Balance requirement for large scale developments by August 30, 2017

Outreach Madera County Farm Bureau Building Industry Association Chowchilla Water District Madera Irrigation District Root Creek Water District

Groundwater Balance Definition "Groundwater Balance" is defined as: assuring that the quantity of water being extracted from a groundwater table minus water that is being recharged within the limits of a project boundary into a groundwater table, does not exceed the sustainable yield of the relevant subbasin underlying the project lands

Sustainable Yield Definition "Sustainable Yield" is defined in the Sustainable Groundwater Management Act (SGMA) as: the maximum quantity of water, calculated over a base period representative of long-term conditions in the basin and including any temporary surplus that can be withdrawn annually from a groundwater supply without causing an undesirable result

Groundwater Balance Application Applies to area within the boundaries of Bulletin 118 Subbasins as designated by the California Department of Water Resources. Applies to new Large Scale Developments

Bulletin 118 Subbasins

Large Scale Development A proposed residential development of more than 500 dwelling units. A proposed shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space. A proposed commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space. A proposed hotel or motel, or both, having more than 500 rooms. A proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area. A mixed-use project that includes one or more of the projects specified in this subdivision. A project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project.

Groundwater Replenishment Program If a project is out of balance, a fee will be required and may be used to fund the following: Acquisition of Surface Water Development and/or participation in groundwater recharge facilities Reconfiguration of existing storm water facilities Enhancement of cooperative program with local water management agencies Development of more efficient water delivery systems Groundwater level monitoring and management Study, design and construction of water conveyance systems

Groundwater Replenishment Program Continued The Groundwater Replenishment Fee applicable to a project may be imposed through either or both of the following: A Occupancy fee collected upon issuance of final occupancy permit; and/or, A Surcharge, collected by the Large Scale Development's municipal water purveyor, on a monthly basis, as part of the water utility bills paid by water users within the Large Scale Development.

Implementation Prior to the issuance of entitlements for a Large Scale Development, the applicant for such entitlements shall demonstrate to the satisfaction of the County a Groundwater Balance for the development, or if such Groundwater Balance cannot be achieved, shall demonstrate how the Groundwater Replenishment Program will address the Large Scale Development's per acre-foot deficit in its Groundwater Balance.

Methodology A licensed civil engineer or a hydrogeologist with adequate and demonstrative experience in establishing water balances and water resources, must establish the existence of a Groundwater Balance or the extent of any surplus or deficit in groundwater. Credit will not be given to any historical water usage on the Large Scale Development as evidence of reduced water demand.

Planning Commission Recommendation The Planning Commission Conducted a Public Workshop on July 11, 2017 to receive input on the draft Ordinance. The Planning Commission Conducted a Public Hearing and recommended approval of the Groundwater Balance Ordinance on a 4-0 vote on August 1, 2017

Staff Recommendation This is the third of four public hearings on the proposed Ordinance and Staff is recommending: That the Board of Supervisors waive the first reading and set the second Hearing for August 22, 2017