[1]
Prior legislation: Ord. 468.
The purpose of this chapter is to protect and preserve the cold water aquifers lying under and adjacent to the City.
(Ord. 541 § 10, 1998)
Permits for cold water wells drilled after the effective date of this chapter shall be subject to the following regulations:
A. 
Wells shall not be drilled nor the water produced therefrom used for commercial or industrial land use activities except that replacement well(s) for commercial and/or industrial land uses may be established for well(s) which existed and were in active use prior to the effective date of this chapter; provided, that no increase in water production results from the replacement well(s).
B. 
No new well shall be drilled without first obtaining a well permit from the City Engineer.
C. 
No well permit for other than agriculture or landscaping purposes shall be granted without first receiving approval of an exception pursuant to the provisions of CMC § 13.04.170. For purposes of this section, agriculture shall mean the use of land for agriculture purposes, including farming, dairying, pasturage, agriculture, horticulture (including Christmas trees), floriculture, viticulture, apiaries, and animal farms; but not including stockyards or commercial feeding of garbage or offal to swine or other animals.
D. 
The City Engineer shall provide notice of a well permit request to owners of property adjacent to the subject property prior to the approval of the well permit request.
E. 
Applying the criteria contained in a separate resolution established by the City Council, the City Engineer may require, as a part of the well permit request, the preparation of a study by a qualified hydrogeologist, or equivalent professional, to ascertain the potential effects of the proposed well upon existing wells in the immediate vicinity of the subject well. Such a study shall be prepared at the applicant's expense by an individual found, by the City Engineer, to possess the appropriate qualifications. The scope of the study shall be determined by the City Engineer. Should the City Engineer conclude upon review of the study that the proposed well will have a significant adverse impact upon existing well(s) in the immediate vicinity of the proposed well, the City Engineer shall either deny the request or apply appropriate conditions upon the well permit to avoid the adverse effects.
(Ord. 541 § 10, 1998)
The use and maintenance of existing cold water wells within the City shall be permitted.
(Ord. 541 § 10, 1998)