Board orders staff to stop work on county regulation of commercial well extraction, citing insufficient resources

The Mendocino County Board of Supervisors on Feb. 25 voted 4–1 to direct staff to stop working on an ordinance that would regulate commercial extraction ("water mining") from private wells and water hauling for commercial purposes, citing insufficient county resources to implement and enforce such rules.

Supervisor Williams moved the motion to cease work on the project; the board carried the motion with Chair Haschak dissenting. The vote followed extended discussion in which county staff and multiple speakers described the complexity of the problem — drought dynamics, competing uses, potential impacts on private domestic wells and the limited capacity of county departments to operate and police a new regulatory program.

Planning and Building Director Julia Crogg told the board the item originally began as a citizen‑sponsored draft ordinance and had been considered by an ad hoc group in 2022. She said the county’s existing tools are limited: "The item before you today is to really seek further direction from the board on this ordinance... we have identified several concerns within the draft that require further direction from the board," Crogg said.

Environmental Health Director Marlena Dooley advised that environmental‑health permitting addresses well construction standards but does not create hydrologic analysis or authorize commercial export of water. "When we issue a commercial well construction permit, we are not giving them the right to start a water hauling business," Dooley said, and added that hydrologic studies require specialized review.

Sheriff Matt Kendall and other speakers noted enforcement challenges, including prior episodes when water trucks were found drafting directly from streams. Kendall told the board field reconnaissance in earlier years found trucks drafting from river channels and other sources; he warned the problem is complex. Private‑sector speakers from timber and agriculture said an ordinance could unintentionally burden legitimate businesses that haul water for permitted operations, and that some state and federal programs encourage wells for operations like fuels reduction.

Arguments for stopping work: Several supervisors argued the county lacks staff and funding to operate an enforcement program, and that outlaw actors would not comply with permit schemes. Supervisor Norvell said requiring permits would likely burden legitimate, law‑abiding operators while not deterring illegal activity. "If we're concerned about somebody illegally bootlegging water ... I'm not seeing anything in here that's gonna stop that," Norvell said.

Chair Haschak dissented and urged a targeted follow‑up approach, including seeking grants and reconstituting an ad hoc committee to refine the ordinance language. Several public commenters urged the county to pursue local regulation to protect domestic wells and springs during drought.

Board action: The motion to direct staff to cease working on the project carried 4–1; Chair Haschak recorded the dissent. Supervisors also discussed pursuing grants and re‑forming an ad hoc to explore options should funding become available.

Ending: The decision pauses ordinance drafting; supervisors left open the option for a future restart if staff resources or outside funding (grants) become available or if new evidence of substantial local harm warrants renewed action.