Laserfiche WebLink
Ground Water Commission Meeting Minutes Page 9 <br /> November 15, 2024 <br /> replacement supply is adequate is by pumping and measuring the water from the <br /> replacement well to the place of use for recharge of the aquifer. If the variance is <br /> granted, Staff recommends that the Applicant have a plan to accurately estimate the <br /> physical availability of water and that the replacement plan only includes water that <br /> can be shown to be physically available. If the variance is denied, Staff will resume <br /> review of the proposed replacement plan and associated applications. The Applicant <br /> would be required to provide additional information regarding how the proposed <br /> replacement plan will meet required rules, including rules specifically directed at <br /> how recharge water is measured and administered. Replacement water would be <br /> required to be measured before recharge. If the variance were granted, Staff will also <br /> resume review of the proposed replacement plan and associated applications. The <br /> Applicant would not be required to provide additional information regarding how the <br /> proposed replacement plan water will be measured before recharge. It would be <br /> assumed the proposed replacement plan would not cause unreasonable impairment of <br /> water quality due to no water being pumped for transfer and recharge. The <br /> applications would be published, and allow for parties to provide objections to the <br /> proposed replacement plan. <br /> Commissioner Noble asked Ms. Williams if she is aware of any similar replacement <br /> plans currently operating similarly to this request. <br /> Ms. Williams responded that she is not aware of any. <br /> Commissioner Payne asked Ms. Williams if she believed a precedent would be set if a <br /> CRP well was approved as a replacement source without a requirement to physically <br /> replace the water. <br /> Ms. Williams responded that the rules do allow changes to CRP wells not permanently <br /> retired when a historical analysis is done, and exclude the years the well was under <br /> the CRP program. The study period for the replacement well in question would be <br /> 1977 to 1987 due to the wells inclusion into the CRP program in 1988. <br /> Chairman Arnusch then invited the Ballyneal representatives to address the <br /> Commission and provide arguments. <br /> Mr. Alan Curtis addressed the Commission on behalf of Ballyneal Land LTD. Mr. Curtis <br /> began his remarks by reminding the Commission that the replacement well inclusion <br /> in a CRP program does not disqualify it for being used as a replacement source. The <br /> rules regarding historical consumptive use have also been followed for the well. Mr. <br /> Curtis clarified that if the variance were to not be approved, the replacement water <br /> would not be delivered to the point of withdrawal. The replacement plan in that <br /> scenario would require measurement, water quality analysis, and recharge only. Mr. <br /> Curtis clarified that Mr. Sanchez's proposal is to receive a rule variance so that the <br /> Applicant does not have to pump the replacement water and then immediately <br /> recharge it to the aquifer at the pumping site. Mr. Sanchez reiterated that the <br />