Ordinance Amending Articles 4 and 6 and Rescinding Section 10.2 of an Ordinance to Establish an Allocation System for the OPV Groundwater Basins

2024040161

Fox Canyon Groundwater Management

NOE - Notice of Exemption

4/3/2024

4/3/2024

Arne Anselm

Fox Canyon Groundwater Management Agency

Interim Executive Officer

Lead/Public Agency

800 South Victoria Avenue
Ventura, CA 93009-1610

(805) 654-2014

fcgma@ventura.org

The land included within the boundaries of the Fox Canyon Groundwater Management Agency (FCGMA), as adopted by the Ventura County Board of Supervisors and recorded as an official record with the Ventura County Recorder’s Office and overlying the Oxnard Subbasin of the Santa Clara River Valley Groundwater Basin and Pleasant Valley Groundwater Basin [California Department of Water Resources Groundwater Basin Nos. 4004.02 and 4-006].

Categorical Exemption

CEQA Guidelines 15061(b)(3), 15307, 15308

The adoption of this ordinance is necessary to amend and conform those parts of the OPV Ordinance found by the Los Angeles County Superior Court to violate FCGMA’s enabling statutes with the remainder of the OPV Ordinance. It does not change the original purpose, or otherwise substantially alter the provisions regulating, limiting, or establishing groundwater extraction allocations, of the OPV Ordinance. This ordinance, like the OPV Ordinance, is an action taken pursuant to FCGMA’s authority to adopt ordinances for the purpose of regulating, conserving, managing, and controlling the use and extraction of groundwater in the Basins. As an extension of the OPV Ordinance, it is further taken pursuant to authority under SGMA and FCGMA’s enabling legislation to establish an operator’s extraction allocation for each extraction facility located within the Basins. It was further adopted to facilitate adoption and implementation of groundwater sustainability plans for each of the Basins, and following careful consideration of all comments submitted in writing and at the hearing regarding the proposed action. This ordinance was enacted consistent with the OPV Ordinance’s purpose of improving, and protecting the quantity and quality of groundwater supplies, preventing worsening of existing conditions, allowing time to implement a long-term solution to achieve groundwater sustainability and to bring extractions in the Basin into balance with recharge. This ordinance, like the OPV Ordinance, will enhance groundwater resources within the Basins and protect environmentally beneficial uses of groundwater. As determined by the Superior Court with regard to the OPV Ordinance, there is no reasonable possibility that this ordinance will have a significant effect on the environment due to unusual circumstances. Protection Location – Specific: The land included within the boundaries of the Fox Canyon Groundwater Management Agency (FCGMA), as adopted by the Ventura County Board of Supervisors and recorded as an official record with the Ventura County Recorder’s Office and overlying the Oxnard Subbasin of the Santa Clara River Valley Groundwater Basin and Pleasant Valley Groundwater Basin [California Department of Water Resources Groundwater Basin Nos. 4004.02 and 4-006].

Statutory Exemption

Water Code 10728.6

The adoption of this ordinance is necessary to amend and conform those parts of the OPV Ordinance found by the Los Angeles County Superior Court to violate FCGMA’s enabling statutes with the remainder of the OPV Ordinance. It does not change the original purpose, or otherwise substantially alter the provisions regulating, limiting, or establishing groundwater extraction allocations, of the OPV Ordinance. This ordinance, like the OPV Ordinance, is an action taken pursuant to FCGMA’s authority to adopt ordinances for the purpose of regulating, conserving, managing, and controlling the use and extraction of groundwater in the Basins. As an extension of the OPV Ordinance, it is further taken pursuant to authority under SGMA and FCGMA’s enabling legislation to establish an operator’s extraction allocation for each extraction facility located within the Basins. It was further adopted to facilitate adoption and implementation of groundwater sustainability plans for each of the Basins, and following careful consideration of all comments submitted in writing and at the hearing regarding the proposed action. This ordinance was enacted consistent with the OPV Ordinance’s purpose of improving, and protecting the quantity and quality of groundwater supplies, preventing worsening of existing conditions, allowing time to implement a long-term solution to achieve groundwater sustainability and to bring extractions in the Basin into balance with recharge. This ordinance, like the OPV Ordinance, will enhance groundwater resources within the Basins and protect environmentally beneficial uses of groundwater. As determined by the Superior Court with regard to the OPV Ordinance, there is no reasonable possibility that this ordinance will have a significant effect on the environment due to unusual circumstances. Protection Location – Specific: The land included within the boundaries of the Fox Canyon Groundwater Management Agency (FCGMA), as adopted by the Ventura County Board of Supervisors and recorded as an official record with the Ventura County Recorder’s Office and overlying the Oxnard Subbasin of the Santa Clara River Valley Groundwater Basin and Pleasant Valley Groundwater Basin [California Department of Water Resources Groundwater Basin Nos. 4004.02 and 4-006].