Allegation of Injury or Inequity that could Result from Failure to Adopt Proposed Rule

Staff Report & Agenda Item Details

3. Allegation of Injury or Inequity that could Result from Failure to Adopt Proposed Rule or to Modify Current Rule: The District's Management Plan does not provide for a year-round floor or thresholds with production cutbacks or any other real consequences for damages that may occur as a result of declining aquifer levels. Without significant rulemaking changes in cutback threshold levels, the following issues are likely to occur: declining water levels, decreased transmissibility, decreased levels of production, increased levels of solids in the water, higher production costs, and potential need to lower pumps, install larger pumps, drill deeper wells, and even re-drill some wells. Lack of proper enforcement of pumping cutbacks based on water level triggers increases the risk of long-term damage to the aquifer and its ability to adequately recover after the summer irrigation season. Increased strain on the aquifer could also damage other nearby aquifers. Individual permitees, such as Belding Farms, may experience a loss or degradation of water at or below historic levels. The cost to drill deeper and retrofit wells, as well as the economic impacts of loss of crop because of a decrease in water production or water quality, should not be borne by a permit holder who has made investment decision based on historic use of groundwater. A mitigation fund will allow the District to impose a surcharge on the commercial sale and export of water and establish a fund to assist permitees affected by the increased production.