* Prior ordinance history: Ords. 572, 573, 573A

A. Those portions of the county of Madera lying in the floor of the San Joaquin Valley are dependent upon groundwater from the Madera, Chowchilla and Delta-Mendota Groundwater Basins, as delineated by the State Department of Water Resources, for domestic, municipal, industrial, and agricultural purposes. These groundwater basins are severely over drafted and surface supplies of water are imported by the Chowchilla Water District, Columbia Canal Company, Gravelly Ford Water District, Madera Irrigation District and Root Creek Water District to alleviate, to the extent possible, the existing groundwater overdraft. In spite of these importations, the groundwater overdraft still continues.
B. It is essential to the continued prosperity of the people of Madera County that the quality and quantity of the groundwater supply be maintained to meet the demands of domestic, municipal, industrial, and agricultural users of that supply.
C. Many areas of Madera County are subject to limited groundwater availability.
D. Areas of Madera County are or could be or become subject to land subsidence due to the extraction of groundwater.
F. The direct or indirect transfer of groundwater from Madera County may have significant environmental impacts on Madera County including, but not limited to, increased groundwater overdraft; land subsidence; uncontrolled movement of contaminated groundwater; uncontrolled movement of poor quality groundwater; the lowering of groundwater levels; increased groundwater or soil degradation; and loss of aquifer capacity due to land subsidence.
G. The direct or indirect transfer of groundwater from Madera County may have significant economic impacts on Madera County including, but not limited to, loss of arable agricultural land; increased pumping costs due to lowered groundwater levels; increased groundwater quality treatment costs due to movement of contaminated or poor quality groundwater; replacement of wells due to declining groundwater levels, and replacement of damaged wells, conveyance facilities, roads, bridges and other structures due to land subsidence.
H. The importation of foreign water for the purpose of groundwater banking could, if unregulated, introduce water of an inferior quality into Madera County aquifers, resulting in significant economic and environmental impacts on Madera County, including, but not limited to degradation of groundwater quality, loss of storage capacity for passive recharge, damage elating to high or fluctuating water levels such as drainage problems, crop damage, or damage to building, facility, or well, and other applicable impacts specified in subsections F and G of this section.
I. Groundwater banking can be reasonable and beneficial if it can be accomplished without:
1. Causing or increasing an overdraft of groundwater underlying the county;
2. Adversely affecting the ability of other groundwater users to use, store, or transmit groundwater within any aquifer(s) underlying the county (for example by utilizing storage that might otherwise be subject to natural or passive recharge and thus depriving other groundwater users of their use of the aquifer and the groundwater derived therefrom);
3. Adversely affecting the reasonable and beneficial uses of groundwater by other groundwater users within the county;
4. Resulting in, expanding, or exacerbating degradation of the quality or quantity of surface or groundwater within Madera County, or groundwater basins and aquifers within Madera County;
5. Resulting in injury to a water replenishment, storage, restoration, or conveyance project or facility;
6. Adversely affecting the surface or subsurface of neighboring or nearby lands, or the trees, vines, or crops growing or to be grown thereon;
7. Adversely affecting the economy or environment of the county; or
8. Adversely affecting the storage ability on adjacent lands where passive recharge may take place.
J. For groundwater banking projects all or a portion of which will be located within areas of the county of Madera which are outside of the boundaries of a local water agency or an incorporated city, it is essential that the county of Madera be the agency that determines whether a permit should be issued to allow groundwater banking within such areas (but without reflecting the right of such a local water agency or incorporated city to determine whether to issue a permit for groundwater banking within the boundaries of such agency or city). Without permit process which allows public notice, public hearings, and compliance with environmental and other appropriate requirements, there would be no or inadequate local control over such groundwater banking, nor a method to insure that groundwater banking will meet the requirements of subsection I of this section.
K. In the absence of regulation by such local water agencies, the county of Madera should exercise its police power to protect the public health, safety, and welfare of the county and its various areas by adopting reasonable regulatory measures in relation to exportation of groundwater, groundwater banking, and the importation of foreign water for the purpose of groundwater banking. The purpose of this chapter is to provide Madera County with the regulatory controls over the exportation of groundwater, groundwater banking, and the importation of foreign water for the purpose of groundwater banking.
L. Local water agencies (as defined below) within the county have a long term water supply (as defined below) to enable them to deliver a reliable supply of surface water to lands within their boundaries, and have adopted groundwater management plans which may include groundwater banking within their boundaries. Such local water agencies therefore control groundwater banking as a part of the integrated management of both groundwater and surface water resources within their boundaries. Such local agencies, being public agencies, are governed by various statutes and regulations, including CEQA, that assure that all decisions of the governing body regarding matters affecting groundwater will take into account the environmental effects, both within and outside of its boundaries, of any proposed project that is to take place within its boundaries. This insures that any groundwater banking permitted within the boundaries of those agencies will not adversely affect the groundwater supply or damage neighboring lands’ groundwater extractions, or the environment. The decision of whether or not to permit groundwater banking within the boundaries of such agencies should be left in the hands of the elected officials thereof who have close knowledge of the surface and groundwater supplies within the boundaries of the respective agencies and are in the best position to allow groundwater banking within their boundaries. This chapter, therefore, shall apply only to lands within the county of Madera that overlay the Madera, Chowchilla, or Delta-Mendota Groundwater Basins, but which are outside of the boundaries of a local water agency or an incorporated city.
M. The purpose and intent of this chapter is not to usurp, hinder, or infringe upon the authority of the local water agencies and their elected officials, to carry out their responsibilities to their constituents.
1. Further, it is clearly understood that such local water agencies engage in groundwater recharge both directly and indirectly as a normal operational procedure. Nothing in this chapter shall be interpreted as allowing the county or anyone else to prohibit or hinder such local water agencies’ groundwater recharge operations to benefit their constituents.
2. Further, it is clearly understood that such local water agencies routinely import water into the county. Nothing in this chapter shall be interpreted as allowing the county or anyone else to prohibit or hinder the local water agencies’ importation of water to benefit their constituents.
N. The direct injection of water into an underground aquifer results in an unreasonable risk of contamination of such aquifer without adequate ability to safeguard the aquifer. Accordingly, the direct injection of water into an underground aquifer shall not be permitted. (Ord. 573B § 1(part), 2001).

The title of this chapter shall be “Rules and Regulations Pertaining to Groundwater Banking--Importation of Foreign Water, for the Purpose of Groundwater Banking, to Areas of Madera County Which Are Outside of Local Water Agencies That Deliver Water to Lands Within Their Boundaries--Exportation of Groundwater Outside the County.” (Ord. 573B § 1(part), 2001).

The terms used in this chapter have the following meanings, unless otherwise expressly provided:
“Board” shall mean the Madera County board of supervisors.
“Damage prevention plan” means a written plan which specifically details the problems that may occur as a result of the operation of the project, how such anticipated problems were identified and analyzed, and details what actions will be taken by the applicant to mitigate or eliminate the problems in order to prevent damage to the site, surrounding properties, he public, and/or the water resources of Madera County.
“Emergency action plan” means a written plan which provides a complete and detailed evaluation of potential project failures that can occur during operation of the project and which details what actions the applicant will take to prevent or minimize damage to the project and protect the public and surrounding properties, and/or the water resources of Madera County. The plan will also provide details of corrective actions that applicant will take if any such damage occurs.
“Exportation of groundwater” means the extraction of groundwater from any well within the boundaries of the county and located on or under lands subject to this chapter and used on lands which are outside of the boundaries of the county, unless the lands on which the water is being used are contiguous to the lands where the water is extracted, and are owned by the same landowner. Exportation of groundwater also includes activities by which groundwater (or surface water or groundwater for which such groundwater is or may be exchanged or that may be used to replace such groundwater) will or may be, through one or more exchanges or transactions (including subsequent groundwater banking), directly or indirectly transferred out of the county.
“Foreign water” means water originating outside of Madera County, whether or not conveyed through or pooled with facilities located in or adjacent to Madera County, which is imported into Madera County for purposes of groundwater banking.
“Groundwater” means water located beneath the land surface that fills the pore spaces of the alluvium, soil, or rock formation in which it is situated.
“Groundwater banking” means the importation of a surface supply of water that is percolated into the subsurface for storage, or placed underground by means of in-lieu recharge, for later extraction by any person, unless the board, on application in such form and according to such procedures as shall be adopted by the county engineer, issues a certificate of exemption. A certificate of exemption shall be issued if the information and supporting documentation show to the reasonable satisfaction of the board that the water to be extracted shall only be delivered, and ultimately used, solely within Madera County. If the percolated or recharged groundwater (or surface water or groundwater for which such groundwater is or may be exchanged or that may be used to replace such groundwater) will or may be, through one or more exchanges or transactions (including subsequent groundwater banking), directly or indirectly transferred out of Madera County, then no certificate of exemption shall be issued. For purposes of determining whether extracted water is delivered and used solely within Madera County, the transfer out of Madera County of less than an amount equal to one percent of a person’s annual surface water entitlement, due to the normal operating practices of such person, shall not be taken into account. Consideration of the application for a certificate of exemption shall be contingent upon:
1. The applicant’s payment of such fees as are or may be established and/or modified by resolution of the board for processing the application for a certificate of exemption.
2. The applicant’s written agreement, in the form provided by the county engineer, to reimburse the county for all fees and costs of engineering, hydrogeological, legal, and other consultants engaged by the county for the purpose of assisting the county in reviewing, evaluating and processing the application for a certificate of exemption, and in monitoring the project to confirm that it is continuing to comply with the terms of the certificate of exemption.
3. The applicant’s agreement, in the form provided by the county engineer, to provide such periodic reports, and such supporting data, as may be required by the county engineer to confirm compliance with the terms of the certificate of exemption.
Notwithstanding any of the foregoing, recharge attributable to normal and customary farming and irrigation practices, and the extraction of such recharged water solely for irrigation on overlying lands, is not groundwater banking and no certificate of exemption shall be required for such activities. A certificate of exemption is not evidence of a groundwater or other right, but only evidences exemption from the permit requirements of this chapter. The use of groundwater by a party holding a certificate of exemption remains subject to the state and other laws and regulations applicable to groundwater generally.
“Groundwater management plan” means a groundwater management plan adopted pursuant to California Water Code section 10750 et seq.
“Local water agency” means a district or other public agency, a majority of the acreage of which, as of July 11, 2000, was located within Madera County, that has as its primary function the supplying of water for domestic, agricultural, industrial, or municipal purposes to lands within their boundaries, that had, as of July 11, 2000, a long term water supply, and that had adopted as of July 11, 2000 a groundwater management plan (directly or through a joint powers owners authority of which it is a party, and whether or not such plan is subsequently modified, terminated, or rescinded). For purposes of this chapter, the boundaries of a local water agency shall mean, and all provisions applicable to any exemptions for the operations of such an agency shall be fully applicable within, the boundaries of such agency as they existed as of July 11, 2000. For purposes of this chapter, “long term water supply” means a contract between the local water agency and the United States Bureau of Reclamation for a Class I supply of irrigation water, or such other surface supply that the board may determine, on application by an affected district or other public agency, as having equivalent or better permanence and reliability.
“Operations and maintenance plan” means a written plan which provides complete details of how the applicant plans to operate and maintain the project, including any conveyance facilities, after construction is completed, including but not limited to the sources, quantities and qualities of water to be imported, used for recharge, extracted, and/or exported. This plan must show which entity or entities will assume the responsibility for the operation and maintenance of the project, how such responsibility will be shared; and for each such entity provide an organizational chart detailing the job responsibilities of each position shown.
“Person” means an individual, general or limited partnership, limited liability company, corporation, unincorporated association, public agency, or other form of public or business entity.
“Plans and specifications” means written and detailed plans and specifications, in such format and subject to such requirements as may be established and/or modified from time to time by the county engineer. All plans and specifications shall contain certification stamps of a California registered civil engineer and, where applicable, a California certified hydrogeologist.
“Project monitoring plan” means a written plan which details how the applicant will monitor the surface and subsurface of the project site and of properties outside of the project boundaries for possible-impacts from operation of the project, including but not limited to locations, frequencies, and methods for monitoring ground subsidence, groundwater levels and quality, and for monitoring quantity and quality of imported and extracted water.
“Project plans” means the damage prevention plan, emergency action plan, operations and maintenance plan, project monitoring plan, project water measurement and water loss accountability plan, rehabilitation plan, and safety action plan.
“Project water measurement and water loss accountability plan” means a written plan which details how water into and out of the project will be measured and how the applicant plans to calculate or otherwise account for project water losses. The plan must provide details of what types of measuring equipment will be used on the project, where it will be installed, and how it will be calibrated and maintained.
“Rehabilitation plan” means, and shall consist of, (1) a statement of planned rehabilitation after the project terminates including methods of accomplishment and timing and how rehabilitation of the site may affect future uses of the property and surrounding areas, (2) a detailed site plan showing the rehabilitation proposal including new contouring, (3) a soil salvage plan and, if refill is proposed, the sources thereof, (4) a schedule to accomplish the rehabilitation work, and if applicable the phases thereof, (5) the disposition of any equipment or structures, (6) the security to be provided by the applicant to the county to assure performance of the obligations under the rehabilitation plan.
“Safety action plan” means a written plan which provides details of all project safety requirements, including those needed to protect the public and surrounding properties. It shall also provide information on which entity or entities will be responsible for implementing the safety requirements for the project, how such responsibility will be shared, and for each such entity provide an organizational chart detailing the job responsibilities of each position shown. (Ord. 573B § 1(part), 2001).

This chapter shall be applicable to all unincorporated-area lands in the San Joaquin Valley floor of the county of Madera which overlay the Madera, Delta-Mendota and Chowchilla Groundwater Basins as delineated by the State Department of Water Resources and which are located outside of the boundaries of (1) a local water agency or (2) an incorporated city. If a portion of a groundwater banking project (or other project to which this chapter applies) lies within such an agency or city, and a portion lies outside the boundaries of such an agency or city, then this chapter shall apply to that portion that lies outside the boundaries of such an agency or city, and such agency or city shall have full authority as to that portion that lies within the boundaries of that agency or city. (Ord. 573B § 1(part), 2001).

A. Except as otherwise provided in this chapter, no person shall engage in (1) the exportation of groundwater, (2) groundwater banking, (3) importation of foreign water, for purposes of groundwater banking, or (4) any combination of these activities, on or under land subject to this chapter without first obtaining a permit to do so pursuant to the terms and procedures of this chapter.
B. While engaging in their normal and/or historical operation of serving their constituents, local water agencies are specifically exempted from the requirements of subsection A of this section, with respect to such operations.
C. A single permit may be issued under this chapter for one or more of the activities listed in subsection A of this section, provided that the permit holder shall be authorized to engage only those activities or combination of activities specifically authorized by the permit. A permit that authorizes the importation of foreign water shall be limited to importation from the sources entitled and any importation from other sources is prohibited unless a new or amended permit granted for such importation. (Ord. 573B § 1(part), 2001).

A. Application for Permit. Applications for permits under this chapter shall be made to the county engineer on forms provided by the county engineer and shall contain all information and reports required therein. An application shall be accompanied by a hydrogeologic report (“report”) and project plans prepared at the applicant’s expense by a qualified California Registered Civil Engineer and a California Certified Hydrogeologist, versed in geologic, hydrogeologic, and hydrologic investigations, which describes hydrogeologic conditions at and in the vicinity of the project site as well as details regarding the proposed project. The report and project plans shall include detailed plans and specifications of all project facilities. The report and project plans shall contain the certification stamps of the California registered civil engineer and the California certified hydrogeologist responsible for their preparation. The report and project plans shall comply with all requirements, and shall be such format(s), as may be established and/or modified from time to time by the county engineer, and shall include, but not be limited to, the following items as deemed applicable by the county engineer:
1. The sources of all water to be explored;
2. The quantity and quality of all water proposed to be exported;
3. The locations to which and purposes for which all water is to be exported, including the reasonable and beneficial uses to which the water is to be put;
4. The geologic and hydrologic properties of the aquifers from which all extraction will be made and/or into which recharge will occur and from which extraction will be made, including possibilities or likelihood of subsidence problems;
5. Percolation tests to determine the ability of the aquifer(s) to recharge;
6. An investigation of the vadose zone that evaluates the geologic and hydrologic properties of the soils and subsurface sediments above the water table (including but not limited to clay layers and their effect on percolation), storage capacity, and soil chemistry (including but not limited to the potential for leaching of soil constituents or impacts to vadose zone soils from imported water);
7. The location, size, spacing and depths of all extraction wells;
8. Migration of groundwater from surrounding locations and anticipated changes in groundwater migration as a result of the project;
9. The effect on surrounding lands and their groundwater supplies, including but not limited to impacts on groundwater levels and flows, groundwater quality and quantity, and surface water/groundwater interactions and the water balance of potentially affected areas;
10. The location, plans, and specifications of the proposed project;
11. The quantity of all water proposed to be imported, and the quality standards thereof, including potential for contamination or degradation problems and/or compatibility problems with the receiving waters or vadose zone soils;
12. The quality and quantity of all groundwater to be extracted;
13. Design of spreading areas;
14. The methods of placement and storage of the water;
15. The sources of all water to be imported;
16. The quantity and quality of all water proposed to be imported;
17. The manner in which all water is to be conveyed to the groundwater banking facility, including the specific location of all conveyance facilities, and copies of all permits and agreements showing consent for the use of such conveyance facilities (provided, however, that any consents that may not be granted without an EIR under the California Environmental Quality Act or an EIS under the National Environmental Protection Act may be provided after compliance with such requirements provided that in all events such consents shall be provided within sixty days after the EIR required under subsection C of this section is certified);
18. The physical, and where applicable the geologic and hydrologic, properties of all conveyance facilities, including possibilities or likelihood of contamination or degradation problems;
19. The effect on lands surrounding or neighboring all conveyance facilities and on their groundwater or surface water supplies.
20. The effect on all other water supplies into which all proposed foreign water may be commingled while being conveyed, such as in a pool or reservoir;
21. The applicant’s damage prevention plan;
22. The applicant’s emergency action plan;
23. The applicant’s operations and maintenance plan;
24. The applicant’s project monitoring plan;
25. The applicant’s project water measurement and water loss accountability plan;
26. The applicant’s safety action plan;
27. The applicant’s rehabilitation plan;
28. Such other matters as the county engineer may require in order to properly evaluate the project and its potential impacts;
29. An agreement (“reimbursement agreement”), in the form as may be established and/or modified from time to time by the county engineer, executed by the applicant agreeing to reimburse the county for all consultant fees and other costs as provided in subsection B of this section;
30. A letter of credit, bond, or other form of security, as specified by, and in such form and amount as shall be required by, the county engineer to secure the reimbursement of costs and expenses provided for in the reimbursement agreement.
All technical interpretations, analyses and/or conclusions shall be accompanied by all supporting data used in connection therewith. The applicant shall provide as many copies of the application, report, and other information submitted as may be requested by the county engineer.
The application shall not be deemed received by the county until each of the foregoing items is provided.
B. Payment of Fees and Reimbursement of County Consultant and Other Costs. The applicant at the time of filing shall pay such fees as are or may be established and/or modified by resolution of the board for processing the application and the giving and publication of required notices. The applicant shall also reimburse the county for all fees and costs of engineering, hydrogeological, legal, and other consultants engaged by the county for the purpose of assisting the county in reviewing, evaluating and processing the application, and the fees and costs for any environmental investigations, reviews and reports done by or on behalf of the county in connection with the preparation of the EIR or otherwise in compliance with the California Environmental Quality Act.
C. Environmental Impact Report. An application for a permit under this chapter is deemed to be a “project” under the California Environmental Quality Act (“CEQA”) and its implementing regulations (“CEQA Guidelines”). In order to ensure that decision-makers have sufficient information on the potential impacts of such a project, the preparation and identification of an Environmental Impact Report (“EIR”) is required for each such project application. The EIR must conform to CEQA, CEQA Guidelines, and all county requirements. The EIR shall be prepared in accordance with the county’s CEQA implementation procedures and the county shall be the lead agency for the preparation thereof. As set forth in subsection B of this section, the fees and costs incurred in connection with the preparation of the EIR shall be paid by the applicant.
D. Additional Studies and Requirements. If, after accepting the application referred to in subsection A of this section, the county engineer or the county planning director desires more information in order to comply with the requirements of the California Environmental Quality Act, he or she may require the applicant to provide that information including but not limited to the preparation by or on behalf of applicant, applicant’s expense, of any additional geologic, hydrogeologic, or hydrologic studies, or other information or studies, that he or she deems reasonably necessary to obtain information needed in order to make a recommendation on the application. Furthermore, at any time after accepting the application the county engineer may, in the course of processing the application, require the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. At any time and from time to time, the county engineer may review the application with other potentially affected county departments, with the staff of applicable state and federal agencies and with all local agencies and with the Madera County water oversight committee.
E. Review of application. Copies of the application, report, environmental impact report, and any additional studies and other information required under subsection D of this subsection, shall be forwarded by the county engineer to the county environmental health department, and to other affected county departments, including, but not limited to, the agricultural commissioner and planning director, and other permitting agencies, for review and comments. The county engineer shall coordinate his or her review of the project, to the extent practicable, with other permitting agencies having jurisdiction over any aspect of the project. After all reviews have been made, and all comments have been received, the county engineer shall prepare a written report with all comments attached thereto (the “county engineer’s report”), in which he or she either shall recommend denial of the permit, or granting the permit. Any recommendation to grant the permit shall also contain any recommended conditions for the project and the permit. The county engineer’s report also shall include recommendations from the planning director concerning the adequacy of the EIR. All documents shall be filed with the clerk of the board.
F. Notice to Landowners. Upon the filing of an application with the county engineer, the county engineer shall give written notice to all owners of lands located within six miles of the exterior boundaries of the proposed project site, setting forth the name of the applicant, a description of the project, a description or map of the land involved, and a statement that all documents submitted in connection with the application are public records subject to inspection at the office of the county engineer. In the case of an application for a permit to export groundwater, the project site shall mean the entire landholding (whether resisting of one or more parcels in common ownership) upon which any well or other extraction facility is to be located, and all conveyance facilities to be used to convey such water from the extraction site to the Madera County border. In the case of the importation of foreign water for purpose of groundwater banking, the project site consists of both the groundwater banking project site, and all conveyance facilities to be used to convey such imported water from the Madera County border to the groundwater banking project site. In addition thereto, the county engineer shall cause to be published pursuant to Government Code §§ 6060 and 6061.3 notice that the application has been filed, setting forth the name of the applicant, a description of the project, a description or map of the land involved, and a statement that all documents in connection with the application are public records subject to inspection at the office county engineer. The county engineer shall retain one copy of the application documents, EIR, and any comments or reports thereon and make them available for public inspection and copying in accordance with the public records act.
G. Noticed Public Hearing. No permit shall be issued without a noticed public hearing before the board pursuant to Government Code §§ 6060 and 6061.3. The notice shall be given by the clerk of the board after completion and filing of the county engineer’s report and the environmental review process. The notice shall specify the time and place of the hearing, a description of the project site (as determined under subsection F of this section) and a general description of the project, and a statement that any interested person may submit evidence at the hearing. At least fifteen days must elapse between filing the documents with the clerk of the board and the date of the hearing.
H. Procedures for Conducting Hearing. At the hearing, the application, report, environmental impact report, additional submittals, comments from county departments and state, regional, or federal permitting agencies, and the county engineer’s report shall become evidence. The applicant and members of the public, or their representatives, may testify and introduce evidence in favor of, or in opposition to, the project.
I. Findings Required for Permit Approval or Denial by the Board. The permit may only be approved if the Madera County board finds that the proposed project will not have detrimental impacts on Madera County. For this purpose, a finding of no detrimental impact shall include but not be limited to the following specific findings:
1. The project will not cause or increase an overdraft on parts or all of the groundwater basins underlying the county.
2. The project will not adversely affect the ability of other groundwater users to use, store, recharge, or transmit groundwater within any aquifer(s) underlying the county (for example by utilizing storage that might otherwise be subject to natural or passive recharge and thus depriving other groundwater users of their use of the aquifer and the groundwater derived therefrom).
3. The project will not adversely affect the reasonable and beneficial uses of groundwater by other groundwater users within Madera County.
4. The project will not result in, expand, or exacerbate degradation of the quality or quantity of surface or groundwater within Madera County, or groundwater basin and aquifers within Madera County.
5. The project will not result in injury to a water replenishment, storage, restoration, or conveyance project or facility.
6. The project will not adversely affect the economy or environment of the county.
7. The project will not result in land subsidence, uncontrolled movement of contaminated or poor quality groundwater, or increased soil degradation.
8. The project will not adversely affect the surface or subsurface of neighboring or nearby lands, or the trees, vines, or crops growing or to be grown thereon.
9. The project will not adversely affect the storage or recharge capability on adjacent lands where passive recharge may take place.
10. The project will not adversely affect the existing qualities of any of the underground aquifers within Madera County. Due to the risk of groundwater contamination from direct injection of water into an underground aquifer, no permit may be issued to any project that will or may use direct injection.
If the board determines that one or more of the findings required by this section cannot be made, even after all reasonable mitigation measures are considered, then the board shall deny the permit application. The basis for any such denial shall be reflected in the board’s official record of proceedings.
J. Decision After Hearing. At the conclusion of the hearing, the board shall approve the application and grant the permit if the board makes the findings set forth in subsection I of this section, subject to the terms and provisions authorized in subsection K of this section. If the board is unable to make the findings set forth in said subsection I of this section, then the application shall be denied and no permit shall be issued. The board shall direct that written findings be prepared in conformity with its decision and shall adopt said findings when prepared.
K. Terms and Conditions of Permit. If an application is approved, the board may impose such terms and conditions and mitigation measures thereon as the board deems necessary to prevent adverse effects on the aquifer(s); the quality and quantity of the groundwater supply, adjacent or neighboring lands, or the environment, including a reasonable time limit on the life of the permit and a requirement that the applicant provide such periodic reports to the county as the county engineer may reasonably require. The terms and conditions of any permit shall also include the following:
1. All reports, data, and information to be provided by the permit holder shall be certified as true, accurate, and complete. If the county engineer determines, at any time, that reports, data, and/or information provided as part of the application, or provided to the county pursuant to the terms and conditions of the permit, were not true, accurate, and complete, or have been altered so as to misrepresent project impacts, the county may, following notice and hearing, revoke the permit.
2. In addition to the monitoring and reporting requirements approved in the monitoring plan, the county engineer or other county representatives may, at any reasonable time, from time to time, and with or without notice, enter the project site to inspect monitoring procedures, equipment, data collection methodologies and frequencies, and other monitoring components. The county engineer or county representatives shall also conduct such independent monitoring and other activities as are necessary to reasonably verify compliance with the terms and conditions of the permit, including without limitation the monitoring plan.
3. Upon request of the county engineer, the applicant shall deposit with the county engineer such amounts as may be requested from time to time in order to compensate the county for any onsite monitoring and/or inspection activities, including ongoing water sampling, that the county engineer may undertake or cause to be undertaken, whether by county employees or by contractors engaged by, and who shall report to, the county engineer.
4. For a groundwater banking project, the permit may contain any appropriate limitations on extraction of banked water, whether characterized by a maximum ratio of permitted extractions to deposits or otherwise.
L. Decision of Board Final. The decision of the board in any matter set forth herein, other than criminal penalties, shall be final upon its adoption of written findings. Any action of the county engineer that under the express provisions of this chapter requires a determination of what is “reasonable” shall be made in the first instance by such engineer, and if appealed to the board, the decision of the board likewise shall be final.
M. Re-application After Board Denial. Re-application for a permit that has been denied by the board may not be filed until one year after the date of denial.
N. Inspections--Notice by Permit Holder of Violations. If an application is approved and a permit granted, then the applicant’s acceptance of the permit shall constitute the applicant’s consent for the county engineer, or his or her representatives, at any reasonable time, and from time to time, and with or without notice, to enter the project site and make such observations and measurements as are deemed necessary to assure that the project is being carried out under the terms of the permit. The permit holder shall notify the county engineer in writing within forty-eight hours of any violation of the terms of any permit (including any permit conditions).
O. Permit Reviews.
1. The county engineer, or his or her designee, periodically shall review the operation of the project and its compliance with all applicable terms, conditions, and mitigation measures of the permit. This review, which shall be conducted at the expense of the permit holder, shall be conducted at such intervals as the board shall establish as a part of the permit’s terms, conditions and mitigation measures, but in no case shall the intervals exceed five years in length. Such periodic review shall be conducted in accordance with the procedures adopted therefore by the board.
2. During each periodic review, the permit holder shall be required to demonstrate compliance with the terms, conditions, and mitigation measures of the permit. By acceptance of the permit, the permit holder agrees to furnish such reasonable evidence of compliance as the county engineer (or his or her designee), in the exercise of reasonable discretion, may require.
3. In addition to the periodic review, the board may at any time initiate a review of the permit holder’s compliance with the terms, conditions, and mitigation measures applicable to the permit by giving written notice to the permit holder. Within thirty days following receipt of such notice, the permit holder shall submit evidence to the county engineer (or his or her designee) of the permit holder’s compliance with the terms, conditions, and mitigation measures applicable to the permit.
P. Revocation or Modification of Permit. Upon receiving knowledge of an alleged violation of this chapter, and/or the terms of any permit (including any permit conditions), the county will provide written notice of the alleged violation to the permit holder or other allegedly violating party. The notice shall detail the alleged violation and require the permit holder to cease and desist immediately upon receipt of the notice from continuing the alleged violations or within five working days demonstrate to the county engineer that the alleged violating activities in fact do not violate this chapter. No civil fines, as set forth below shall accrue during this notification process. Any violation of the terms, conditions, and/or mitigation measures of the permit not corrected during such five day period will constitute grounds for revocation of the permit after a duly noticed public hearing thereon held by the board in the manner described in the preceding subsections; provided that nothing in this paragraph is intended to deprive the board of its authority to grant one or more extensions of time within which the permit holder shall be required to cure the violation.
Any change in circumstances which shows that the project as operated may result in any the kinds of detrimental impacts referred to in subsection I of this section constitutes independent grounds for revocation of the project’s permit, or modification thereof as next set forth.
In lieu of revocation of the permit, the board may, after a duly noticed public hearing held in the manner described in the preceding paragraphs, modify the permit to include such different, and/or additional, terms, conditions, and/or mitigation measures as the board determines are necessary and appropriate in light of the change in circumstances then existing. “Change in circumstances” may include, but is not necessarily limited to, changes in the physical characteristics of the project site or surrounding properties, or changes in applicable statutes or regulations affecting the project.
Q. Judicial Review. Any judicial action to set aside, annul, or vacate any decision or action taken by the board pursuant to this chapter shall be filed pursuant to California Code of Civil Procedure Section 1094.5 and within the time limits prescribed in California Code of Civil Procedure Section 1094.6. (Ord. 573B § 1(part), 2001).

The county may elect to proceed with any or all of the following remedies for violation of this chapter, in addition to all other remedies provided in this chapter or provided by law:
A. Civil action against the violator, including injunctive relief.
B. Any person or entity who violates any provision of this chapter or any term or condition of any permit issued under this chapter, shall be subject to a civil fine up to five thousand dollars for each separate violation. A person or entity shall be deemed to have committed a separate violation for each and every day or portion thereof during which any such violation is committed continued, or permitted as well as for each and every separate groundwater well within or in connection with which any such violations are committed, continued or permitted.
C. Any person who violates any provision of this chapter, or the terms and/or the conditions of any permit issued pursuant to this chapter, with intent to do so, shall be guilty of a misdemeanor, punishable by fine not exceeding one thousand dollars per violation, or imprisonment not exceeding six months, or by both such fine and imprisonment; and any person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any such violation is committed, continued, or permitted; and for each such day shall be subject to the same punishment as for the original offense. (Ord. 573B § 1(part), 2001).

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The board hereby declares it would have passed this chapter and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases are declared illegal, invalid or unconstitutional. (Ord. 573B § 1(part), 2001).