Laytonville County Water District Tel.: 707/9846444 • LCWD Customer Service Office, 45020 Highway 101, Laytonville, CA

August 31, 2021

To: Mendocino County Board of Supervisors

Subject: 6b) Discussion and Possible Action Including Direction to Staff to Draft an Urgency Ordinance Regarding the Prohibition of Water Hauling from One Source to Another Except for Health and Human Safety or Permitted Businesses.

Dear Supervisors,

The Laytonville County Water District disagrees with the County’s approach regarding the proposed Urgency Ordinance because it is overbroad and reaches into areas of legitimate governing authority of local government-municipal water utilities.
We believe that entities currently providing water for trucked delivery should be divided or bifurcated into two separate categories providing such services: 1. Public Water Agencies and 2. Private Parties.
The former are all permitted and regulated under the authority of the State Water Resources Control Board (State Water Board and other governmental agencies, while the latter are not under the control or regulated by any governmental entity.
As a matter of public policy and good government, the determination of whether or not to impose prohibitions on “Water Hauling from One Source to Another Except for Health and Human Safety or Permitted Businesses,” is best left to the discretion of municipal water agencies with their elected boards that are responsible to their respective electorates.
I have some familiarity with the ordinances, rules and regulations of the primary water agencies in this County that provide water for delivery by truck. Some of the common provisions found in these ordinances, rules and regulations that are similar to those of this District, would include: water quality control measures, metered usage, the authority to restrict or prohibit deliveries to certain areas, the authority to prohibit water deliveries on specified roads or over specified bridges, truck operator codes of conduct, truck operator discipline procedures, truck operator revocation procedures, and public complaint investigation procedures.
Public Agency water sources and operations are by law approved, permitted and regularly inspected by the State Water Board and other governmental agencies.
Needless to say, so-called Private Party water sources, operations, and water truck deliveries are under few if any government controls, rules or regulations.
It is commonly known that Private Party water truck deliveries have for some time been problematical and the cause of legitimate concern by County residents because of the nearly total lack of governmental oversight.
It’s also an established fact, according to reports from resource agencies and law enforcement, that water for these deliveries sometimes are illegally taken from sources throughout our County.
It is also a fact that numerous owners of private wells are selling/providing, and have been selling/providing water to Private Party water haulers. Neighbors of the owners of these private wells have alleged that these operations have adversely impacted their wells.
The Laytonville County Water District recommends that the Board of Supervisors:
1. Continue to allow Public Water Agencies to determine the scope of water hauling operations, including any prohibitions on water hauling.
2. Prepare an ordinance that would address a private well permitting process for the commercial sale of water for truck deliveries. This permitting process should include required hydrological testing for impacts on nearby water sources and wells.
3. Prepare an ordinance addressing rules and regulations governing Private Party water haulers who do not obtain their water from a Public Agency Water Utility.
Thank you for your consideration of this most important matter.
Sincerely

Jim Shields
District Manager
Laytonville County Water District