1. 1 Overview of Draft Eastern San Joaquin River Watershed Waste Discharge Requirements (WDRs) Joe Karkoski Program Manager

2. 2 What Are WE Trying to Accomplish? WE = Water Board, Agriculture, Stakeholders Protect water quality for current and future generations Protect water quality for current and future generations Ensure any new requirements are consistent with sustaining agriculture in the Central Valley Ensure any new requirements are consistent with sustaining agriculture in the Central Valley Learn and adapt as we move forward Learn and adapt as we move forward

3. 3 Nine Regional Water Boards  Implement State and federal water quality laws based on region specific conditions  Regulate discharges of waste Central Valley Region

4. 4 Irrigated Lands Regulatory Program 2003 Program Surface water protection program only Surface water protection program only Coalition groups provide lead role in interacting with the Water Board Coalition groups provide lead role in interacting with the Water Board 25,000 landowners currently enrolled 25,000 landowners currently enrolled Five million acres of irrigated land Five million acres of irrigated land

5. 5 Direction from Central Valley Water Board, June 2011 Tailor approach specific geographic areas or commodities Tailor approach specific geographic areas or commodities Include requirements to protect surface and groundwater quality Include requirements to protect surface and groundwater quality

6. 6 6 WDR Development Schedule Board hearings for all Areas/Commodities Expected by end of 2013

7. Porter-Cologne Water Quality Control Act (The California Water Quality Law) Applies to: “Waters of the state” – any surface water or groundwater “Waters of the state” – any surface water or groundwater Discharges of waste to waters of the state Discharges of waste to waters of the state Irrigated Lands Regulatory Program (ILRP) Includes commercial operations, managed wetlands, nurseries, and greenhouses Includes commercial operations, managed wetlands, nurseries, and greenhouses Surface water discharges Surface water discharges surface return flows, storm runoff, tile drainage surface return flows, storm runoff, tile drainage Groundwater discharges Groundwater discharges Fertilizer/pesticides moving down soil profile, well head, or backflow Fertilizer/pesticides moving down soil profile, well head, or backflow 7

8. 8 Impacts of High Nitrates in Drinking Water Nitrate maximum contaminant level (MCL) Nitrate maximum contaminant level (MCL) 10 mg/L NO 3 -N (nitrate-nitrogen) 10 mg/L NO 3 -N (nitrate-nitrogen) Can impact infants and pregnant women Can impact infants and pregnant women Methemoglobinemia / pregnancy complications* Methemoglobinemia / pregnancy complications* * US Public Health Service; Agency for Toxic Substances and Disease Registry: http://www.atsdr.cdc.gov/toxfaqs/tfacts204.pdf http://www.atsdr.cdc.gov/toxfaqs/tfacts204.pdf

9. 9 Known Nitrate Sources (Regional) Figure 1. Estimated groundwater nitrate loading from major sources within the Tulare Lake Basin and Salinas Valley, in Gg nitrogen per year (1 Gg = 1,100 t). http://groundwaternitrate.ucdavis.edu/files/139110.pdfhttp://groundwaternitrate.ucdavis.edu/files/139110.pdf ; Viers, J.H., et al (2012). Nitrogen Sources and Loading to Groundwater

10. Nitrates and Groundwater Pollution pathways for nitrates and pesticides are similar Pollution pathways for nitrates and pesticides are similar Nitrates/water soluble pesticides leach through soil to groundwater Nitrates/water soluble pesticides leach through soil to groundwater Pathway for nitrates/pesticides Pathway for nitrates/pesticides Surface runoff Surface runoff Unprotected / improperly sealed wells Unprotected / improperly sealed wells Over application of nitrogen fertilizer Over application of nitrogen fertilizer Other conduits to groundwater (e.g., backflow) Other conduits to groundwater (e.g., backflow) 10

11. 11 Approach for new ILRP Develop high/low vulnerability areas Develop high/low vulnerability areas Focus requirements and plans on High Vulnerability areas Focus requirements and plans on High Vulnerability areas Focus on management practice implementation and reporting Limited monitoring (compared to other programs)

12. 12 Eastern San Joaquin River Watershed - 1 million+ acres of irrigated lands - Major crops: almonds hay corn grapes tomatoes pasture wheat cotton walnuts

13. Agenda Item 13 13 Central Valley Water Board Meeting June 2012 1978-2011 5 mg/L 5–10 mg/L Max. Nitrate-N Result per Section, mg/L 10 mg/L

14. Agenda Item 13 14 Central Valley Water Board Meeting June 2012 The Eastside SJR Watershed is approximately 1,035,600 acres of irrigated agriculture. 359,000 acres are classified as DPR – GWPA 236,000 acres are leaching 121,000 acres are surface runoff

15. Agenda Item 13 15 Central Valley Water Board Meeting June 2012 About 642,500 irrigated acres (62%) are in groundwater vulnerable areas

16. 16 Coalition Member Requirements in WDR Implement practices to protect water quality Implement practices to protect water quality Prepare nitrogen management plans Prepare nitrogen management plans Other activities and reporting Other activities and reporting

17. 17 Nitrogen Management Plans Key mechanism to minimize nitrogen discharge to surface and groundwater High Vulnerability Areas High Vulnerability Areas CCA certifies nitrogen budgets for members CCA certifies nitrogen budgets for members CDFA certification program in development CDFA certification program in development Member self-certification with training Member self-certification with training Low Vulnerability Areas Low Vulnerability Areas Member-certified nitrogen budgets Member-certified nitrogen budgets

18. 18 Under Board Consideration: Operators of Irrigated Lands Have Performance Standards Prevent pollution and nuisance Prevent pollution and nuisance Achieve and maintain water quality objectives and beneficial uses Achieve and maintain water quality objectives and beneficial uses Minimize waste discharge to surface/ groundwater Minimize waste discharge to surface/ groundwater Minimize or eliminate discharge of sediment above natural background levels Minimize or eliminate discharge of sediment above natural background levels Minimize excess nutrient application relative to crop need Minimize excess nutrient application relative to crop need Protect wellheads from surface water intrusion and prevent backflow Protect wellheads from surface water intrusion and prevent backflow

19. 19 Member Requirements Management Practices Implement management practices Implement management practices Practices found protective through representative groundwater monitoring program Practices found protective through representative groundwater monitoring program Respond to management plans Respond to management plans Meet discharge limitations Meet discharge limitations

20. 20 Member Requirements Activities and Reports Why the Reporting Requirements? The Water Board needs information to determine compliance - Is water quality being protected? The Water Board needs information to determine compliance - Is water quality being protected? Traditional reliance primarily on monitoring is EXPENSIVE Traditional reliance primarily on monitoring is EXPENSIVE Reporting on what you are doing to protect water quality will be much CHEAPER Reporting on what you are doing to protect water quality will be much CHEAPER

21. 21 Representative Monitoring Objective Evaluate whether specific practices are protective of groundwater quality under various site conditions Required in high vulnerability areas Required in high vulnerability areas Encourages coordinated approach w/all coalitions, commodity groups, others Encourages coordinated approach w/all coalitions, commodity groups, others Irrigated ag practice(s) Representative site conditions Evaluate effects of discharge Extrapolate to similar sites

22. 22 What Will Representative Monitoring Tell Us For example…. For example…. Flood irrigation of Almonds on sandy soil Flood irrigation of Almonds on sandy soil protective of groundwater, if nitrogen ratio < 1.X protective of groundwater, if nitrogen ratio < 1.X Micro irrigation of Almonds on sandy soil Micro irrigation of Almonds on sandy soil protective of groundwater, if nitrogen ration < 1.Y protective of groundwater, if nitrogen ration < 1.Y Will want to evaluate yield/quality Will want to evaluate yield/quality

23. 23 Participate in annual outreach events Participate in annual outreach events Complete farm evaluation, other reporting as needed Complete farm evaluation, other reporting as needed Describe water quality protection practices in place Describe water quality protection practices in place Site specific information Site specific information Allow property access to Regional Board at reasonable hours - FOR COMPLIANCE INSPECTION PURPOSES ONLY! Allow property access to Regional Board at reasonable hours - FOR COMPLIANCE INSPECTION PURPOSES ONLY! Focus on bad actors and complaints Focus on bad actors and complaints Member Requirements Activities and Reports

24. 24 Information reported to Coalition Individual farm evaluations Individual farm evaluations Nitrogen Budget reports - certification Nitrogen Budget reports - certification Member Requirements under Consideration Highly Vulnerable Areas

25. 25 Information kept on farm: Individual farm evaluations Individual farm evaluations Nitrogen budget reports Nitrogen budget reports Must be produced for Water Board inspections Member Requirements under Consideration Low Vulnerability Areas

26. 26 Must prepare sediment and erosion control plans – plans kept on-farm Must prepare sediment and erosion control plans – plans kept on-farm Must be produced for Water Board inspections Member Requirements under Consideration If Surface Water Runoff Potential …

27. 27 Existing members Current members confirm membership Current members confirm membership Must notify owners if tenant Must notify owners if tenant New members 120-day window to enroll with third-party (starts ~Nov. 15, 2012) 120-day window to enroll with third-party (starts ~Nov. 15, 2012) After deadline, must apply to Regional Board, pay fee, before joining coalition After deadline, must apply to Regional Board, pay fee, before joining coalition Member Requirements Coalition Enrollment

28. 28 Coalition/Third Party Requirements in WDR Enroll members Enroll members Assess surface and groundwater in region Assess surface and groundwater in region Compile nitrogen budgets from members in high vulnerability areas Compile nitrogen budgets from members in high vulnerability areas Provide members information on management practices to protect surface/groundwater Provide members information on management practices to protect surface/groundwater Consistent with regional management plans Consistent with regional management plans

29. 29 Assessment report Assessment report Trend monitoring Trend monitoring Representative monitoring Representative monitoring Coalition Requirements Groundwater Monitoring

30. 30 Review existing information Review existing information Evaluate potential to use data from existing groundwater programs Evaluate potential to use data from existing groundwater programs Develop and refine vulnerable areas Develop and refine vulnerable areas Prioritization of high vulnerable areas Prioritization of high vulnerable areas Coalition Requirements Groundwater Assessment Report

31. 31 Assessment report to identify: Groundwater Vulnerability Areas High vulnerability areas High vulnerability areas Exceedances of objectives Exceedances of objectives DPR groundwater protection areas DPR groundwater protection areas State Water Board vulnerability areas State Water Board vulnerability areas Low Vulnerability areas Low Vulnerability areas Not at risk Not at risk Can be reclassified if exceedances Can be reclassified if exceedances

32. 32 Trend Monitoring Third-party to propose well network and plan Third-party to propose well network and plan Determine baseline quality and evaluate regional effects Determine baseline quality and evaluate regional effects Allows use of shallow existing wells Allows use of shallow existing wells Required minimum trend monitoring Required minimum trend monitoring Annual - EC, pH, DO, temp, alkalinity, nitrate, nitrite, TKN Annual - EC, pH, DO, temp, alkalinity, nitrate, nitrite, TKN Every five years - TDS, anions and cations Every five years - TDS, anions and cations

33. 33 What Does “Draft Order” Mean? Information presented today is what we know today Some information could change if Water Board orders it so on October 4 th Please comment in public comment period (July 1 – 30, 2012)

34. 34 What Does Everyone Want? Clean Water! Agricultural coalition approach can help meet that goal – Growers have been and MUST be actively engaged! Water Board recognizes critical importance of agriculture in the Central Valley Working together the progress made in surface water will occur in groundwater

35. 35 Questions? Adam Laputz – Project Manager (best person to contact) awlaputz@waterboards.ca.gov Joe Karkoski jkarkoski@waterboards.ca.gov ILRP information: 916-464-4611