Background

In July 2003, the Central Valley Regional Water Quality Control Board (Regional Board) adopted a new set of regulations pertaining to discharges of waste from irrigated agricultural lands into waters of the State. These regulations, more generally referred to as the Irrigated Lands Conditional Waiver Program (Program), provided an individual irrigator with two options:

1. Join a coalition group that will meet the requirements of the Program for a group of individuals within a watershed. The deadline to join a coalition was December 31, 2006. Growers may still be eligible to join if one of the following conditions exists:
1. The subject owner and/or property were not a "discharger" qualifying for coverage under the Coalition Group Conditional Wavier prior to 31 December 2006, but management or physical changes on the subject property, or on properties between the subject property and receiving surface waters to which the wastewater drains, have been modified such that the subject owner and property are now a "discharger" and qualify for Coalition Group membership.
2. The owner/property were participants in one Coalition Group or covered under the Individual Discharger Conditional Waiver Order prior to 31 December 2006, but are transferring their participation to another Coalition Group.
3. Coalition Group boundaries change or a new Coalition Group is formed, such that an area not previously covered by any Coalition Group now is covered, so growers in those areas should be able to join the new or revised Coalition Group.
4. The property was transferred to a new owner after 31 December 2006.
5. Water Board staff determines that an owner or operator is a discharger where the owner or operator reasonably asserts that he/she is not a discharger as defined by the Conditional Waiver.
6. Other situations reviewed and approved by the Executive Officer on a case-by-case basis.

Please click here to apply directly to the Regional Board for coverage as a member of the Kings River Sub-Watershed Water Quality Coalition. After approval, please contact the Coalition for instructions regarding membership.

2. File a Notice of Intent with the Regional Board to participate directly in the program as an individual.

Please click here to apply for individual coverage.

Individuals also continue to have the option outside of the Program to apply for a Waste Discharge Requirement (WDR) with the Regional Board.

Please click here to apply for a WDR permit.

The Kings River Conservation District (KRCD) and the Kings River Water Association (KRWA) have assisted districts and landowners within the Kings River watershed by implementing water quality monitoring programs, participating in policy meetings with the Regional Board and staff, and enrolling individual landowners and districts into a watershed coalition group. KRCD and KRWA have been sharing the costs of this program.

Current Status

Many landowners continue to question whether they are at risk of discharge. The Coalition is actively involved in efforts to clarify the definition of a 'discharger' so that individual landowners can assess their situation and make an informed decision on whether to comply with the regulatory program. At this time, the Regional Board continues to define discharge as any irrigation or storm water runoff leaving your property and directly or indirectly entering a river, tributary, pond, or ditch.

A significant percentage of lands with the potential to discharge are not participating in the Coalition. The Regional Board remains very concerned about these "non-participant" lands and has requested the Coalition to provide membership data so that non-participant lands can be identified. Land within the KRCD service area is located in the area of risk with the potential to discharge.

Recommended Action

At this time, in order to comply with requests by the Regional Board, the Coalition has provided a map of lands participating in the Coalition in September 2007. It is now up to the Regional Board to identify non-participating landowners in areas of potential risk and contact them directly to determine whether waste discharge regulation is necessary.

The Regional Board will continue to aggressively pursue enforcement of the Waiver Program by contacting individual landowners using county pesticide use and assessor information. Landowners who are found to be dischargers not in compliance with the law are subject to civil penalties of up to $1,000 per day, as determined by the Regional Board.

We urge you to carefully consider your landholdings and whether you are a 'discharger' or your land has the potential to discharge irrigation and/or storm water. Even the most remote of risks can effectively and efficiently be managed by joining the Coalition. Alternatively, you may wish to contact the Regional Board staff at (559) 445-5116 directly to determine whether you are in fact a discharger and/or seek a waste discharge requirement or individual waiver specific to your operation.

Last updated: 11-5-07