Months after prospective Arroyo Grande resident Michael Harris fought to secure a permit to drill a water well on his property, the city’s changing its well-permitting rules.
“During hearings associated with the consideration of the Harris well application in 2024, the City Council and staff noted that the existing ordinance would benefit from an update and clarification of the well permit process, definitions, and other modifications to provide a more simplified and clear framework for the community and decision makers,” Arroyo Grande Community Development Director Brian Pedrotti told New Times.
The City Council unanimously voted at its March 11 meeting to introduce the ordinance amending Arroyo Grande’s municipal code regarding water wells. Currently, the City Council considers approval of new or replacement wells. The proposed ordinance modifies that process and brings initial review of such wells before the city Planning Commission.
The city introduced the changes following a two-year tussle with Harris, who wanted a permit to install a well on his 55-acre property that lies at the intersection of Noyes Road and Equestrian Way. City staff recommended rejecting his permit application, claiming it wasn’t in the city’s best interest to have a domestic well at that location.
Instead, staff felt it was feasible and practical for Harris’ property to hook up to the city’s water supply because the space is adjacent to a 1.2-million-gallon above-ground storage tank called Reservoir No. 5.
Harris disagreed with staff’s opinion. He said that city water connection wasn’t feasible because digging a trench to the tank would cost him $300,000, subsequently also damaging California coastal live oak trees protected by the city municipal code. The City Council bucked staff’s recommendation and greenlit Harris’ permit.
The updated ordinance has nine revisions ranging from shortening the chapter title from “water wells” to “wells,” to adding a section that formalizes the process of well destruction.
In the future, approvals will be required from the county—which issues a construction permit—and from the city Planning Commission—which issues a discretionary well permit. The Planning Commission’s decision could be appealed to the City Council.
The ordinance comes with specific submittal requirements like reinforcing the completed application with a plot plan, a hydrogeologist’s report, and well capacity estimates.
“This section also clarifies the duration that the permit is valid before construction is complete,” the city staff report said. “The applicant has two years to complete construction, with two optional one-year extensions when justified by exceptional circumstances.”
Applicants striving for private irrigation and agricultural wells must show that the proposed wells won’t contaminate the city’s water supply or impact its volume and distribution. Private domestic wells must demonstrate that city water service can’t reasonably be provided to the project site. Private domestic, irrigation, and agricultural wells in adjudicated areas of the Northern Cities Management Area of the Santa Maria River Groundwater Basin won’t be considered, unless required by law.
Meanwhile, Harris’ well has been drilled but it’s not active.
“I don’t have electricity yet, and so I can’t pump a pump in the well yet, but I’m working on that,” he said. “That requires PG&E or a generator or solar. I’m trying to see what PG&E can do, and you know how expensive that is.”
He added that he has no animosity toward the city after his ordeal to get the permit but questioned the city’s intent to update the ordinance.
“Is it conferring more rights or protecting the rights of residents and property owners, or is it granting the city more power to possibly influence and possibly deny you your rights?” he said.
Prior to Harris’ permit approval, Arroyo Grande had approved 10 well applications since 2005 with two being domestic wells. At the March 11 City Council meeting, Councilmember Jim Guthrie said he hoped for a more robust discussion on the feasibility of connecting to the city water supply.
Councilmember Kate Secrest said the changed ordinance was long overdue.
“This one was last updated in 1978,” she said. “I just appreciate that it is now clear. … It serves the residents. They will understand exactly what the guidelines are. I just think we’ve closed some loopholes.” Δ
Editor’s note: This article was updated to include an image and a link.
This article appears in Spring Arts Annual 2025.
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