There shall be no discharge from a San Joaquin Valley agricultural drain to the Delta, Suisun Bay, or Carquinez Straits until the requirements of this division and the Federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.) are satisfied.
Chapter 12.2San Joaquin Valley Agricultural Drain
Section § 13953
This law prohibits any water discharge from farming drainage systems in the San Joaquin Valley into the Delta, Suisun Bay, or Carquinez Straits unless all state and federal water quality requirements are met. This includes compliance with the Federal Clean Water Act.
San Joaquin Valley agricultural drain water discharge Delta Suisun Bay Carquinez Straits Federal Clean Water Act water quality requirements environmental protection agriculture pollution water pollution control clean water regulations drainage compliance California waterways water management
Section § 13953.1
This law prohibits any discharge of water from a San Joaquin Valley drain into Monterey Bay or any streams that flow into Monterey Bay.
There shall be no discharge from a San Joaquin Valley drain into Monterey Bay or tributaries draining into Monterey Bay.
San Joaquin Valley drain Monterey Bay water discharge pollution prevention environmental protection drainage prohibition waterway contamination tributaries water management valley drainage coastal environment marine ecosystem protection California water regulations drain discharge restriction aquatic life preservation
Section § 13953.2
This law says that if an agricultural drainage system in the San Joaquin Valley is built and discharges into certain nearby bodies of water, the state will only allow it if certain conditions are met. These conditions include that the discharge must protect the beneficial uses of the water bodies it enters, such as the Delta and Suisun Marsh. This protective measure can include substituting water supplies without extra cost to users.
The drainage facility must have flexibility to control and treat the discharge, and there must be a monitoring program to track its impact on the environment. There also needs to be a funded program to explore using the drain's water to create wetlands for waterfowl. Additionally, the facility should consider various factors, like the amount of effluent and its salinity, when planning repayment schedules.
The permit must enforce measures to ensure any leaks are contained within certain boundaries, and if they aren't, the drainage will need to stop operating until fixed. The path of the drainage facility should, as much as possible, avoid disturbing existing infrastructure and land access.
If a San Joaquin Valley agricultural drain, including the drainage facility authorized as part of the San Luis Unit of the federal Central Valley Project, is constructed and discharges to the Delta, Suisun Bay, or Carquinez Straits, the state board shall permit the discharge pursuant to this division only if the state board finds that the following additional requirements are satisfied:
(a)CA Water Code § 13953.2(a) The discharge of the drain, which is to carry only subsurface agricultural drainage effluent, shall be located and shall discharge at rates of flow to protect the beneficial uses of the Delta, Suisun Marsh, and the bays westerly to the Golden Gate. If it is determined to be in the public interest to provide a substitute water supply to water users in lieu of modifying the operation or changing the discharge point of the drain, no added financial burden shall be placed on the water users solely by virtue of that substitution.
(b)CA Water Code § 13953.2(b) The drainage facility shall include built-in operational flexibility, control, and treatment to protect the beneficial uses of the Delta, Suisun Marsh, and the bays westerly to the Golden Gate.
(c)CA Water Code § 13953.2(c) There is established an acceptable comprehensive monitoring program prior to and during the operation of the drain to determine the impact of the discharge effluent, if any, on the Delta, Suisun Marsh, and the bays westerly to the Golden Gate.
(d)CA Water Code § 13953.2(d) A program has been developed, funded, and initiated to evaluate the feasibility of using drain water to establish wetland habitat capable of producing wintering waterfowl food supplies.
(e)CA Water Code § 13953.2(e) The repayment schedule for the drain takes into account the following:
(1)CA Water Code § 13953.2(e)(1) The quantity of effluent discharged into the drain by the discharger.
(2)CA Water Code § 13953.2(e)(2) The concentration of salts in the effluent of the discharger.
(3)CA Water Code § 13953.2(e)(3) The distance the effluent of the discharger is carried in the drain.
(4)CA Water Code § 13953.2(e)(4) The quantity of water applied in the areas contributing to the drainage problem.
(f)CA Water Code § 13953.2(f) There is an enforceable provision in the permit that any surface or subsurface effluent leakage shall be confined within the drainage facility right-of-way, and that in the event that this condition is violated the drainage facility shall not be operated until the leakage is stopped.
(g)CA Water Code § 13953.2(g) The alignment of the drainage facility, to the extent feasible, shall be designed to minimize severance and access problems to land, roadways, and other facilities along the right-of-way.
San Joaquin Valley drainage agricultural drainage discharge Delta protection Suisun Marsh impact effluent monitoring wetland habitat beneficial water use subsurface agricultural drainage drainage operational control wetland food supply drainage repayment schedule effluent salinity drainage right-of-way leak containment drainage facility alignment
Section § 13953.3
This law allows subsurface drainage water to be used for beneficial purposes if it's suitable, such as industrial activities, cooling power plants, energy projects, improving fish and wildlife habitats, and farming. By using this subsurface water, we can lessen the need for fresh water.
Subsurface drainage effluent may be made available for any beneficial uses for which it is suitable, including, but not limited to, industrial uses, powerplant cooling, energy development, enhancement of fish and wildlife resources, and irrigation. These programs may reduce the demands for new fresh water supplies.
subsurface drainage water use beneficial use of water industrial water use powerplant cooling energy development fish and wildlife enhancement irrigation reduce fresh water demand alternative water sources sustainable water management
Section § 13953.4
This law section expresses the intention of the California Legislature that whenever possible, the design or construction of a water drain should include features that benefit fish and wildlife. Additionally, the state’s involvement in creating such a drain must comply with the Davis-Dolwig Act, which is a law ensuring that public resources are used for recreational purposes.
It is the intent of the Legislature that, to the extent feasible, features for the enhancement of fish and wildlife resources shall be incorporated into the drain. The state’s participation in the drain shall be subject to the Davis-Dolwig Act (Chapter 10 (commencing with Section 11900) of Part 3 of Division 10).
fish and wildlife enhancement water drain design Davis-Dolwig Act state participation recreational resources environmental conservation drain construction wildlife resources legislative intent environmental features in infrastructure
