O 054 C.S.
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ORDINANCE NO. 54 C. S.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE
AMENDING THE ARROYO GRANDE MUNICIPAL CODE
BY ADDING CHAPTER 8 TO TITLE 6 OF THE
ARROYO GRANDE MUNICIPAL CODE TO REQUIRE
PERMITS FOR THE DRILLING OF WELLS, ESTAB-
LISHING WELL ABANDONMENT PROCEDURES, AND
LIMITING THE SALE OF WATER.
The City Council of the City of Arroyo Grande does ordain as follows:
SECTION 1: Title 6 of the Arroyo Grande Municipal Code is amended by adding
Chapter 8 relating to regulation of water wells to read as follows:
SECTION 6-8.01 PURPOSE
The City of Arroyo Grande and its inhabitants have, for many years, been
dependent upon the underground waters lying within the corporate limits of
the city for their 'water supply, which for many years has been furnished to
them through wells and other facilities owned, operated" and maintained by
and existing within the City. The City finds that said water supply has
been greatly depleted by unrestricted drilling for and pumping of water, and
that a danger exists of salt water intrusion into the aquifers underlying
the City. A'daagg%s also exists that said water supply may be contaminated
if unregulated drilling for water is permitted.
Property within the City of Arroyo Grande is within the boundaries of
the Lopez Water Supply Project, which district has by a large bond issue
indebted itself to finance the construction of a dam, water treatment plant,
distribution system and other facilities to conserve water and to protect
the underground basins within the district. The City of Arroyo Grande has
contracted with the Lopez Water Supply District for a major portion of the
available water from the Lopez Project, at a price substantially greater
than the cost of operating City owned wells, in order to do its part toward
reducing the overdraft on the underground water basins.
The regulations and restrictions as hereinafter set forth are necessary
to protect the health, safety and general welfare of the inhabitants and tax-
payers of the City of Arroyo Grande by the effective control of the distri.
bution, use and cost of water within the City.
8HTlOR"6-8.02
The drilling, digging, sinking or deepening into another aquifer of any
water well within the City of Arroyo Grande or the tapping or penetrating of
any subterranean water bearing gravel underlying the City, by other than the
Arroyo Grande Municipal Water Department is prohibited unless a permit to do
so is first obtained from the City Council. Any person may apply for said
permit by filing with the City Clerk a written application stating, (I) the
design and specification of the proposed well, (2) a map showing proposed
location, (3) a statement as to why water cannot be obtained from the City
water system and (4) quantities and use of the water to be developed, together
with a filing fee of Twenty-Five Dollars ($25.00), to be used in processing
said application. The City Council shall consider said application within
thirty (30) days of its receipt at which time it may approve the application
if in its discretion the drilling of the well and the operation thereof will
not deplete nor contaminate the City water supply, and that service from the
Municipal water system is neither practicable nor feasible. If the Council
grants a permit for the well, it may impose thereon reasonable conditions to
prevent depletion and contaminatiort of the City water supply and to protect
the public health, safety and general welfare.
SECTION 6-8.03
In order to avoid costly duplication of facilities, to insure conserva-
tion of water and regulation of the use thereof; to avoid undesirable com-
petition among private suppliers, public agencies and public utilities, and
to assure equal service and uniform lowest water rates to all properties
within the City, the Arroyo Grande City Water Department is designated ,as
the sole supplier of water, for domestic or, for irrigation purposes, ~ithin
the City of Arroyo Grande, excepting only water which is supplied by means of
portable containers. Only the Arroyo Grande City Water Department shall use
City streets to supply water within the City of Arroyo Grande, excepting those
uses existing at the time of the enactment of this ordinance. Supply of water
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,,'i> within the City ot Arroyo Grande is prohibited exceyc as above specified.
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SECTION 6~8.04
It is not the intent of this ordinance to prohibit the drilling of water
wells within the City of Arroyo Grande for the purpose of agricultural irriga-
tion, providing, (1) that at the time of adoption of this ordinance the area
of intended use lies within the corporate limits of the City of Arroyo Grande,
and (2) the location does not conflict with any duly adopted plan, and lo-
cation meets approval of the Director of Public Works. Wells drilled for
agricultural irrigation use shall not be used for domestic purposes except
for one single family residence where domestic service from the Municipal
Water System is neither practicable nor feasible.
SECTION 6-8.05
The owner of any well that is abandoned within the City of Arroyo Grande
through development, relocation or non-use shall follow the following proced-
ures, (1) submit to the Arroyo Grande Director of Public Works an accurate
map legibly drawn to scale ind1cating the, exact location of the well on the
property, and (2) the abandoned well and casing' shall be cut three feet below
the existing or proposed grade and filled with a clean one inch minus gravel
to within three feet of the cut off point, and the upper three feet filled
with a Clals II concrete.
SECTION 6-8.06
Nothing in this ordinance shall affect the powers and duties of the
State Department of Public Health with respect to water and water systems
pursuant to Chapter 7 (commencing with Section 4010) of Division 5 of the
Health and Safety Code. Every person shall comply with this chapter and any
regulation adopted pursuant thereto, in addition to standards adopted by any
city or county.
SECTION 6-8.07
If any section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be unconstitutional or ineffective or void, or if
any provilions of this ordinance shall be held unconstitutional or ineffect-
ive or void as to any person or agency, or unconstitutional or ineffective
or void as to any part of the City of Arroyo Grande, such dec1sion shall not
affect the validity of the remaining portions hereof. The City Council hereby
declares that 1t would have passed this ordinance and each section, subsection,
sentence, clause and phrase hereof irrespective of the fact that eny one or
more sections, subsections, lentences, clauses or phrases be daclared un-
constitutional or ineffective or void, or unconstitutional or ineffective or
void as to any person or agency, or unconstitutional or ineffective or void
as to any part of the City of Arroyo Grande, as the word "person" U defined
in the Municipal Code.
SECTION ,2. This Ordinance shall be in full force and effect thirty (30) daYI
after 1ts palsage, and within fifteen (15) days after its pasl..e it shall be
published once, together with the names of the Council Members votina thereon,
in the Five Cities Timas.Prels-Recorder.
On motion of Councilwoman Thompson, ..conded by Councilman Talley and on
the following roll call vote, to wit:
AYES: Council Members Schlegel, Thompson, Talley and Mayor Levine.
NOES: Councilman Wood.
ABSENT: None.
the foregoing Ordinance wes pessed end adoptsd this 13th da! of July, 1971.
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ATTEST~""1~.;J~ - -$i-
C CLE
I, POLLY S. KINGSLEY, City Clerk of the City of Arroyo Grende, County of
San Luis Obispo, State of California, do hereby certify that the foreloina
Ordinance No. 54 C.S. is a true, full end correct copy of said ordinance passed
and adopted by the C1ty Council of the City of Arroyo Grende at a relular meet-
ing of said Council held on the 13th day of July, 1971.
WITNESS my hand end the leal 0 ty of Arro 0 Gr
14th day of JUly, 1971.
(Seal) ,
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