Madera County Grand Jury
• 2013-2014
• Agency Response
Board of Supervisors Members of the Board Manuel Nevarez County of Madera David Rogers Madera County Government Center*
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 10 findings
F1
On April 22, 2014, the BoS in response to resolutions passed by the City of Madera, the City of Chowchilla and actions taken by Madera Irrigation District, Gravely Ford Water District, Root Creek Water District and others, unanimously passed a motion to work with other stakeholders to form a Joint Powers Authority to manage groundwater in the Madera Basin. Response: Agree with the finding per California Penal Code 933.05 (a) (1).
Related Recommendations (1)
R1
The BoS immediately enact a moratorium on the issuance of well drilling permits for new wells for agricultural use, except for replacement wells of equal capacity. Response: The recommendation requires further analysis. The Board of Supervisors understands that a moratorium is not a long term sustainable option and will continue to work with other local agencies to identify and implement possible mitigation measures.
F2
The BoS has not proposed any revenue source which would enhance the County's ability to solve the groundwater problem. Any tax or fee that would be enacted to generate a revenue stream for ongoing groundwater remediation would be subject to approval by the impacted voters. Response: Disagree with the finding per California Penal Code 933.05 (a) (2). Amendments to the well permits and the Groundwater Suatainability Act, which is a the three-bill package, composed of AB 1739 (Dickinson), SB 1168 (Pavley) and SB 1319 (Pavley) authorize the County to establish fees. In addition the Madera County Water Conservation and Flood Control Agency will be studying possible mechanisms for assessment.
Related Recommendations (1)
R2
The BoS enact an ordinance requiring the review, prior to issuing a well permit, of the location and design of new wells so as to minimize adverse impacts to existing wells on parcels under different ownership. Response: The recommendation requires further analysis. The Board has ordinances pertaining to well location in relation to existing surrounding wells that to some degree addresses adverse impacts. The extent to which additional ordinances are needed is the topic of ongoing discussion by the Board and, Public Works and Planning.
F3
New tree and fruit plantings in recent years have been mostly in areas without access to surface water, thus increasing the use of groundwater for agricultural irrigation, particularly due to new plantings of almond trees. Response: Agree with the finding per California Penal Code 933.05 (a) (1).
Related Recommendations (1)
R3
The BoS develop procedures to monitor and quantify the annual use of groundwater by residential, commercial/industrial and agricultural categories. ٨. Response: The recommendation has not yet been implemented, but will be implemented in the future. Madera County Public Works is preparing an ordinance which will require water meters on all new development and well rehabilitations. It is anticipated that the item will be presented to the Board of Supervisors before year-end.
F4
Any significant action to reduce the short term overdraft of groundwater must reduce the use for agricultural irrigation. Response: Agree with the finding per California Penal Code 933.05 (a) (1).
Related Recommendations (1)
R4
The BoS prepare a plan for a fee on groundwater extraction based on usage. Response: The recommendation requires further analysis. The proposed Joint Powers Authority (JPA) or a Groundwater Sustainability Agency (GSA)would consider several options for groundwater management, this being one of them.
F5
The continuing overdraft of groundwater will result in an ongoing drop in the water table and land subsidence. Land subsidence is an irreversible process, resulting in a permanent loss of potential subsurface water storage. Land subsidence has caused damage to local, state and federal infrastructure. The sources of groundwater recharge are insufficient to maintain an adequate supply of water for Madera County (See Attachment) Response: Agree with the finding per California Penal Code 933.05 (a) (1).
Related Recommendations (1)
R5
The BoS enact an ordinance that would require the demonstration of a sustainable water supply for agricultural use before land can be converted to permanent crops with intensive water requirements. Response: The recommendation has not yet been implemented, but will be implemented in the future. The Planning Division of the Community and Economic Development Department will bring a draft ordinance to the Board of Supervisors in December 2014 or early in 2015.
F6
Although Madera County is a Right to Farm county, the use of land for agriculture is still subject to all the land use policies and ordinances enacted by the BoS. The Right to Farm ordinance in Madera County does not justify lack of action by the BoS to enact regulations on the Agricultural Industry. Response: Agree with the finding per California Penal Code 933.05 (a) (1).
Related Recommendations (1)
R6
The BoS enact a water conservation plan which includes restrictions on agricultural, commercial/industrial and residential uses of water and publish it online. Response: The recommendation has been implemented. The County has an ordinance on water conservation.
F7
Over the years, the BoS has requested many studies regarding water usage; however, little change in groundwater usage has resulted. Response: Agree with the finding per California Penal Code 933.05 (a) (1).
Related Recommendations (1)
R7
The BoS work with stakeholders to develop additional groundwater recharge, groundwater storage, and surface water delivery systems. Response: The recommendation has not yet been implemented, but will be implemented in the future. The County will work with the JPA or GSA to address water recharging, storage and delivery systems.
F8
The Water Advisory Commission is ineffective due to the lack of access to professional staff and lack of support by the BoS. ì Response: Partially disagree with the finding per California Penal Code 933.05 (a) (2). The Water Advisory Commission has access to County staff and consultants as necessary.
Related Recommendations (1)
R8
The BoS employ in the County Engineering Department, additional professional staff with water expertise to aid in planning and implementation of sustainable water usage. Response: The recommendation will not be implemented because it is not warranted or is not reasonable. The Public Works Department currently has adequate staff working on water conservation and flood control agency as well as additional consultants to address groundwater sustainability plans.
F9
The only professional with water expertise on staff is the Madera County Engineer who can only devote a fraction of his time to water issues. Response: Disagree with the finding per California Penal Code 933.05 (a) (2). Several County Public Works staff have hydrology and hydraulics experience to address the broad issues of water within the County.
Related Recommendations (1)
R9
The BoS prepare an annual report quantifying the water usage of the county by residential, commercial/industrial and agriculture users. Make the report available to the public in local newspapers, posting on the county website and mailing to all property owners with property tax statements. Response: The recommendation has not yet been implemented, but will be implemented in the future. The type of report and frequency required from a Groundwater Sustainability Agency will be determined by the State and the County will comply with that requirement.
F10
Madera County has no accurate method of measuring how much groundwater is used in different areas of the county on an ongoing basis. Response: Disagree with the finding per California Penal Code 933.05 (a) (2). The County has accurate methods to determine groundwater consumption on Special Districts for domestic uses however not in agricultural nor private systems.
Related Recommendations (1)
R10
The BoS initiate a land subsidence monitoring program in all areas if the county and adopt policies relating to land subsidence that are based on the premise that continuing land subsidence will permanently damage infrastructure, reduce groundwater storage capacity and negatively impact the county economy. Response: The recommendation has not yet been implemented however it will be implemented in the near future. Madera County Public Works is preparing an ordinance which will require water table levels monitoring and reporting on all new wells and well rehabilitations. It is anticipated that the item will be presented to the Board of Supervisors before year-end.
* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.