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Commission remands proposed ordinance on water‑rights relinquishment for large‑parcel divisions to Planning Commission
Summary
After extended debate about whether the county can require relinquishment of water rights for large‑parcel land divisions in closed basins, commissioners remanded the proposed code amendment to the Planning Commission for study and a formal recommendation.
The Board discussed a first reading of a proposed ordinance to amend county code (Title 5) to allow the county to require relinquishment of water rights as a condition when creating new parcels in closed groundwater basins through a division of large parcels. Planning staff explained the intent: to close a perceived loophole that lets developers create new parcels with new domestic wells without relinquishing two acre‑feet per new parcel as is required under parcel maps in closed basins.
Commission debate was lengthy and divided. Some commissioners and staff argued the change is necessary to prevent developers from sidestepping parcel‑map water requirements and to protect basin sustainability; others said water allocation and relinquishment are under the state engineer’s jurisdiction and that the county should not impose conditions that could be viewed as discriminatory or that might discourage necessary local development. Several commissioners also objected to discretionary language (the draft used the word "may") and urged clearer, less subjective language or referral to the Planning Commission for vetting.
On a motion and second, the board remanded the ordinance to the Planning Commission to study, provide public hearings and forward a recommendation back to the Board, rather than voting on the ordinance at this meeting.
