Fox Canyon proposes new framework for backlog of variance requests, recommends disbanding variance review committee

John Demers, executive officer for the Fox Canyon Groundwater Management Agency, told the board the agency received more than 150 variance requests after adoption of a new allocation system for the Oxnard and Pleasant Valley basins and that the variance review committee became unable to keep up.

Demers said the committee was able to complete only a “tiny fraction” of requests, often processing roughly one request per meeting. Staff found the written criteria difficult to operationalize and the review process too burdensome given concurrent workload increases and decreased staff availability.

Demers reported the backlog included a category of 38 requests alleging insufficient supplemental water from Pleasant Valley County or United Water, with the sum of requested increases exceeding 9,000 acre-feet, and 23 requests from municipal agencies that raise distinct municipal considerations. Many other applications sought corrections to historical allocations due to field fallowing, well inoperability or errors in reported historical use.

To address the backlog, Demers presented a framework based on customary variance-review principles: decisions grounded in verifiable facts; demonstration of a unique and unreasonably burdensome situation not created by the requester; minimal necessary relief that does not confer special privilege; and a risk‑assessment that requires a high likelihood that controls will mitigate the identified risk.

Under the framework staff recommended the board direct staff to resume evaluation of pending requests using the clarified guidelines, disband the seven-member Variance Review Committee (VRC) as redundant, prepare a draft resolution to rescind Resolution No. 20,203 for future formal action, and develop a flexible, temporary allocation transfer mechanism to allow short-term transfers (for example, when a purveyor's deliveries are interrupted) while maintaining overall allocation limits.

Pleasant Valley County Water District General Manager Jared Bouchard spoke in support, praising the proposed disbanding of the VRC and urging the agency to develop a simple administrative and accounting approach that allows quick, verified transfers when wells or purveyors fail.

Board members said they endorsed the approach and encouraged staff to accelerate work; an ad hoc variance committee meeting was scheduled for mid‑November to continue stakeholder engagement. The board provided staff direction to prepare the framework and draft implementing materials; formal rescission of Resolution No. 20,203 and any procedural rule changes will return to the board for adoption.