AB 830

Current law requires a person to obtain approval from the Department of

Natural Resources (DNR) and pay a $500 fee before constructing a high capacity

well. In some cases, before approving a proposed high capacity well, DNR must

ensure that the well will not have a significant adverse effect on certain springs or

surface water bodies. The law also requires the owner of a high capacity well to

submit an annual report on the amount of water pumped. Under current law, a high

capacity well is a well that, together with all other wells on the same property, has

the capacity to withdraw more than 100,000 gallons of water per day. Current law

requires a person who wishes to construct a well that is not a high capacity well to

notify DNR and pay a $50 fee.

This bill provides that a well of any capacity used primarily for fire protection

purposes or used primarily to provide water to a single family or multifamily

residence located on the same property as the well is not a high capacity well and that

an existing residential well or fire protection well is not considered in determining

whether a new well to be constructed on the same property is a high capacity well.

Under current law, for example, if a property owner has an irrigation well with

a capacity of 90,000 gallons per day and the property owner wants to add another

well with a capacity of more than 10,000 gallons per day for any purpose, the property

owner must pay a $500 fee and get approval from DNR before constructing the new

well and must make an annual pumping report. Under the bill, on the other hand,

if a property owner has an irrigation well with a capacity of 90,000 gallons per day

and wants to add a well with a capacity of over 10,000 gallons per day to provide

water to a residence located on the same property or for fire protection purposes, the

property owner is not required to obtain DNR approval, pay the $500 fee, or make

an annual pumping report. Also under the bill, if all of the wells on a property are

residential wells, the property owner may add another well of any capacity to serve

a residence located on the same property without being required to obtain DNR

approval, pay the $500 fee, or make an annual pumping report.

Current law requires a person with a water system with the capacity to

withdraw more than 100,000 gallons of water per day from surface water or

groundwater to pay a $125 annual fee to DNR. This bill provides that the capacity

of a well used primarily for fire protection purposes or to provide water to a single

family or multifamily residence located on the same property as the well is not

considered in determining whether a person is required to pay the $125 annual fee.