Memorandum
Date: May 7, 2024
To: The Honorable Lake County Board of Supervisors
From: Michael S. Green, District 4 Supervisor
Subject: Consideration of rescission of urgency Ordinance No. 3113 amending urgency Ordinance No. 3110 prohibiting water hauling to commercial agricultural operations including cannabis cultivation sites
Executive Summary:
On Aug. 24, 2021, your board enacted urgency Ordinance No. 3110 prohibiting water hauling to unpermitted cannabis cultivation sites. On Oct. 5, 2021, your board enacted urgency Ordinance No. 3113 amending Ordinance No. 3110 prohibiting water hauling to commercial agricultural operations including cannabis cultivation sites.
For the board's information, a license is required from the Food and Drug Branch of the California Department of Public Health to haul potable water in bulk quantities of 250 gallons or greater, pursuant to Health and Safety Code Sec. 111120. The sponsor contacted each of the three licensed water haulers based in Lake County, and each confirmed they do not currently provide service to commercial agricultural operations including commercial cannabis cultivation sites. Only one of the operators was aware of the 2021 urgency ordinances described above.
The county's local drought emergency declaration was terminated by your board April 2, 2024. As confirmed by county counsel, Ordinance No. 3113 contained a sunset clause that rescinded the ordinance upon the termination of the local drought emergency declaration. This recission is not easily documented in MuniCode or Granicus without formal board action. The recommended action would create a formal record that Ordinance No. 3113 is no longer in effect.
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