Water and well rules proposed; gas gouging law proposed
At this week’s Board of Supervisors meeting (March 15), a series of recommendations were discussed concerning the ongoing drought and related activities involving property owners selling water to water haulers from existing wells or drilling new wells for commercial water sales. The objective is to create some workable rules and regulations to oversee and exercise more control over water at both the start and end uses. One of the problems are illegal weed grows that rely on delivered water from either illegal or unlicensed sources.
I worked with other people involved in County water issues, including water districts, ranchers, farmers, law enforcement, environmental health, and water haulers. We met with Supervisors John Haschak and Glenn McGourty who head up the BOS Drought Committee. Altogether we met four times (via Zoom) starting in late September, and were able to come up with a set of recommendations that are reasonable, and just as important, workable. It’s an example of how sometimes committees actually get something productive done.
No action was taken by the Supes on the proposed package of rules and regs, as Supervisor Ted Williams wanted more information on the role water haulers play in the delivery process.
As the district manager of a local government water utility whose operations include selling water to water haulers, I’ll be providing the BOS with any and all information they might night need on the subject.
The issue will return for action at an upcoming meeting in the near future.
Here are the proposed recommendations that our group made to the BOS:
Water Hauling:
• For all commercial water haulers, require a permit, a business license, and tracking logs.
• Consider updating Chapter 9.24, applicable to potable water hauling, to require tracking logs, and consider feasibility of incorporating non-potable water hauling into the Chapter.
• Ban commercial water hauling from 11:00pm to 5:00am unless specifically exempted by the Board or specifically authorized by the Sheriff’s Office and/or fire agencies for a specific use or emergency.
• Ban commercial water hauling to any destination at which the end user will be using the water for non-permitted commercial activities.
Water Extraction:
• A major use permit is currently required for water extraction pursuant to MCC Chapters 20.036, and 20.012; in the short term, utilize existing law to require use permits for water extraction and amend the code to provide clarification of this existing requirement.
• Develop standard conditions and guidelines respecting use permits for water extraction with the input and assistance of the Planning Commission, and update the code accordingly.
• Consider developing a regulatory permitting program for groundwater extractors who are removing water from their parcel, or contiguously owned parcel, with renewable and adjustable permits based on changing water availability; require tracking logs, metering, extraction limits, and a hydrological study on any new extraction permit.
Lead Agency and Enforcement:
• Delegate the new Water Agency as the lead agency for administering water related programs, such as permitting and monitoring of water extraction and water hauling.
• Enforcement will need collaboration and coordination between Environmental Health, the new Water Agency, Code Enforcement, and the Sheriff’s Office. A point person dedicated to this effort is needed especially during summer and fall months.
• Consider substantial penalties to deter unregulated use, hauling or extraction of ground water, such as $1,000.00 (first violation), $2,000.00 (second), $3,000.00 (third), and $5,000.00 (subsequent violations). states… The overall California increase in retail margins, above that experienced by the rest of the U.S. has resulted in California gasoline consumers paying an estimated additional $1.5 billion in 2018 and $11.6 billion over the last five years.”
“There continues to be a big black hole when it comes to data with relation to the oil and gas industry and how they price gas at the pump for regular Californians, and I think of course the industry prefers that it stays that way,” Allen explained.
Gov. Gavin Newsom has also called for an investigation into the state’s retail gasoline outlets. No results have been announced.
The proposed law also requires every California oil refiner to report monthly (for each of its California refineries that manufactures gasoline) its Gross Refining Margin per barrel, the difference between the price of crude it buys and the cost of finished gasoline it sells, and its
Net Refining Margin (the “crack spread” or Gross Refining Margin minus its operational and fixed costs). The reports would be posted on the California Energy Commission website.