Section § 1210

Explanation

If you own a wastewater treatment plant that cleans sewage water, you have the sole right to the treated water, even if other people provided the water that was processed, unless a different agreement exists. However, you still have to fulfill any existing obligations to others who legally use the treated water.

This law doesn’t change the ability of any water quality boards to regulate activities under their authority.

The owner of a waste water treatment plant operated for the purpose of treating wastes from a sanitary sewer system shall hold the exclusive right to the treated waste water as against anyone who has supplied the water discharged into the waste water collection and treatment system, including a person using water under a water service contract, unless otherwise provided by agreement.
Nothing in this article shall affect the treatment plant owner’s obligations to any legal user of the discharged treated waste water.
Nothing in this article is intended to interfere with the regulatory authority of the board or any California regional water quality control board under Division 7 (commencing with Section 13000).

Section § 1211

Explanation

This law states that before any changes can be made to where treated wastewater is discharged, used, or its purpose, the owner of a wastewater treatment plant must get approval from the relevant board. This board will review the changes based on specific regulations.

However, if the changes do not reduce the flow of water in any part of a river or stream, this requirement for approval does not apply.

(a)CA Water Code § 1211(a) Prior to making any change in the point of discharge, place of use, or purpose of use of treated wastewater, the owner of any wastewater treatment plant shall obtain approval of the board for that change. The board shall review the changes pursuant to the provisions of Chapter 10 (commencing with Section 1700) of Part 2 of Division 2.
(b)CA Water Code § 1211(b) Subdivision (a) does not apply to changes in the discharge or use of treated wastewater that do not result in decreasing the flow in any portion of a watercourse.

Section § 1212

Explanation

This law states that only the producer of treated wastewater can be given permits or licenses to use it, especially if the water was released into a watercourse to support environmental goals like fishery or wildlife benefits. People with current water rights can't use or claim this treated wastewater.

The board shall not grant any permit or license to any person other than the treated waste water producer for the appropriation of treated waste water where the producer has introduced such water into the watercourse with the prior stated intention of maintaining or enhancing fishery, wildlife, recreational, or other instream beneficial uses. Holders of existing water rights may not use or claim such water.