§ 6-402. WELL DRILLING PROHIBITION.

(a) The drilling or digging of wells within the city, except by the City of Fresno, for any other purpose than for furnishing water in whole or in part for refrigeration, air conditioning, or for the purpose of furnishing water to any refrigeration or air-cooling system or unit, or for a drainage well in connection therewith, or for irrigation, or use as a monitoring well, is hereby prohibited; provided that the Public Works Director may issue a permit for the drilling and completion of a well pursuant to the following requirements.

(b) The Director may issue a permit for the drilling of a supply well for domestic, commercial or industrial purposes for temporary use only, under the following conditions:

(1) City water mains are not in place adjacent to the property involved.

(2) The Director has determined that it is not economically feasible or desirable to extend the city's water mains to serve the property at the time the request for service is made by the owner or lessee.

(3) The owner or lessee of the property has executed an agreement for the discontinuance of the use of the well and the capping of the same upon notice by the Director. Such notice shall be given immediately following installation of water mains adjacent to the property on which the well has been drilled.

(c) The Director may issue a permit for the drilling of a supply well to replace an existing well or to deepen an existing well supplying water for industrial food or beverage processing, or for irrigation of cemeteries providing that cemeteries are in compliance with the other provisions of this Code, when in the determination of the Director, the existing well which heretofore has served such purposes has become impaired and unusable, providing such well shall be permanently capped and closed.

(d) The Director may issue a permit for drilling of a new supply well for industrial food or beverage processing purposes, when in the determination of the Director the use of such well would significantly lessen the amount of the energy that would otherwise be consumed by the food or beverage processing operation.

(e) Issuance of a permit pursuant to subsections (b), (c) or (d) of this section shall in no way nullify or affect any provisions of Articles 5, 6, 7 and 8 of this Chapter or amendments thereto, which provide for the installation of water mains and the payment therefor.

(f) Any permit issued for the digging of a well for irrigation or food or beverage processing purposes shall be conditioned upon the installation of a water meter on such well at the permittee's expense and the payment by the user at the rate specified in Section 6-505 of this Code for all water drawn therefrom.

(g) The Director may issue a permit for the drilling of a monitoring well within a public right-of-way following satisfaction of the following requirements:

(1) Completion of an Environmental Assessment.

(2) Issuance of a Street Work Permit, in accordance with Sections 13-202, 13-203 and 13-204.

(3) Execution of an agreement providing indemnification for the city, protection of the public right-of-way, discontinuance of the use of the well and abandonment of the well upon notice by the Director. Such notice may be given for any reason at the Director's sole discretion. The Director is authorized to execute the required agreement on behalf of the City. (Orig. Ord. 4553; Am. Ord. 5309, 1964; Am. Ord. 73-120, § 7, eff. 8-16-73; Am. Ord. 80-115, § 107, eff. 8-8-80; Am. Ord. 81-83, § 1, eff. 8-7-81; Am. Ord. 86-22, § 3, eff. 3-22-85; Am. Ord. 90-127, §§ 2, 3, eff. 12-14-80).