§ 4.44.060. Groundwater used on parcels located partially outside district zones of benefit.

1.

Definitions:

A.

Parcel: One lot, piece, parcel or tract of land under one ownership, as identified in the last equalized assessment roll, all or a portion of which is located in Zone 3 or Zone 6.

B.

Groundwater: Subsurface water in the area in which the soil is completely saturated with water.

C.

Watershed: A surface water hydrologic unit; the area drained by a stream, creek or river.

D.

Groundwater basin: A groundwater reservoir, defined on the basis of geological and hydrological conditions; a geologic basin or trough-shaped structure that is filled with porous or permeable material that stores and transmits water.

E.

Overlying right: The right of an owner of a parcel of land to take groundwater from underneath that parcel for reasonable and beneficial use thereon within the groundwater basin.

F.

Zone project:

Zone 3: Water collected in the Hernandez Reservoir and/or Paicines Reservoir from the San Benito River and its tributaries, released into the San Benito River and Tres Pinos Creek for the purpose of direct percolation for augmenting the groundwater supplies in said zone.

Zone 6: Supplemental water imported from the Federal Central Valley Project through district facilities and served directly to agricultural and municipal and industrial customers (in-lieu recharge) through a local pipeline distribution system (San Felipe Project) or percolated into the underground in Zone 6 (direct percolation).

2.

It is the policy of the district that water developed by a zone project shall be available on an equitable basis to all land assessed for that project; and that such water supply shall be preserved or disposed of by the district for the benefit of the lands within such zones, to the maximum extent practicable.

3.

The amount of supplemental groundwater made available by projects in each zone of benefit within the district will be calculated by the district annually.

4.

The amount of supplemental groundwater made available by a zone project to each acre of land within the zone is capable of calculation and will be calculated for each zone annually.

5.

Parcels partially within Zone 3 and/or Zone 6 and not overlying the groundwater basin will be considered entitled to the use of an amount of groundwater on the parcel based on the parcel's acreage within the zone multiplied by the amount of supplemental groundwater provided by such zone project(s). The district will not object to the use of such supplemental water for reasonable and beneficial uses anywhere on the parcel provided that no water may be exported directly or indirectly, out of the watershed from which it is pumped. Water service to said parcel of land shall be from a well(s) extracting groundwater from the groundwater basin in which the zone project(s) develops supplemental water. The parcel shall have access to groundwater by arrangement(s) with the other landowner(s) owning the property(ies) on which the well(s) is located. Such access to groundwater may include access through a community water system (i.e., water company, or similar private water system exercising property rights). Access to groundwater shall not be through a public water system.

6.

Parcels partially within Zone 3 and/or Zone 6 and overlying the groundwater basin will be considered entitled to supplemental groundwater for the portion of the parcel within the zone(s) in addition to its overlying right to pump groundwater from the aquifer for reasonable and beneficial use on said land. Access to the supplemental water will be from a well subject to the district rates and charges for that zone(s).

7.

If any portion of a parcel partially overlies a groundwater basin, the District will not object to the reasonable and beneficial use of groundwater on any portion of the parcel, provided the water is pumped from a well on that parcel and that no water is exported directly or indirectly out of the watershed from which it is pumped.

8.

Groundwater stored in the district's groundwater basins through the district's projects (either by in-lieu recharge or direct percolation), which is in excess of the foreseeable needs of the lands within the zones of benefit, may be made available by the district on an interruptible basis, for nonresidential uses, with a priority to parcels partially within a zone of benefit, upon payment of applicable fees and charges established by the district and payable to the zone granting the benefit.

9.

Groundwater service for parcels partially within Zone 3 and/or Zone 6 shall be subject to a nontransferable water service agreement between the owner(s) of the parcel(s) and the district. Agreements implementing this policy shall include provisions for review/renewal at intervals of not more than five years and shall be subject to district rules and regulations.

10.

If the parcel(s) or any portion of the parcel(s) have not been and/or are not being assessed (taxed) for the benefits of the zone project(s) or if assessments (taxes) are in arrears the matter shall be referred to the board of directors. The board of directors shall determine eligibility for service and/or any fee to be levied as a condition of service.

(Res. No. 2000-13, 6-28-2000)