Irrigated Lands Waiver Program

The roles of California’s Regional Water Quality Boards are to develop and enforce water quality objectives and implement plans to protect the state’s waters. Historically, exemptions have been carved from the state’s water quality regulations. For example, the Central Valley Regional Water Quality Control Board passed a resolution in 1982 exempting agricultural land’s irrigation return flows and storm water runoff from having to comply with Waste Discharge Requirements (WDR).

In 1999, Senate Bill 390 changed the section of the California Water Code authorizing waivers of WDRs, which required all existing waivers to be readopted.

The Central Valley Regional Water Quality Control Board, which has regulatory control of several counties within the SOSA region, adopted a new "Conditional Waiver of Waste Discharge Requirements for Discharges from Irrigated Lands" in 2003. Obtaining this waiver means that surface discharges of irrigation water, groundwater drainage, and storm water from irrigated lands do not require a permit, as long as steps are taken to improve water quality on the acreage.

As a condition of the waiver, the Regional Board requires agricultural dischargers to participate in an established coalition group or filing as an individual discharger:

• Participation in a coalition group approved by a regional water quality control board authorized by the conditional waiver – individual dischargers that participate in a recognized and approved watershed group will receive the benefit of being covered under the conditional waiver without having to obtain an individual discharge permit. The primary advantage of participating in the Coalition is the economic and water quality efficiencies in monitoring and reporting and the opportunity to field test, evaluate, and disseminate management practices. Each grower who elects to proceed under this watershed approach will be responsible to participate in their subwatershed program, to attend grower seminars on this topic, and to carry out the best management practices that are necessary to improve water quality within each subwatershed.

• Participation as an individual under the conditional waiver – dischargers have the option to file for individual coverage, with the accompanying monitoring and reporting requirements. The California Farm Bureau Federation has studied this option closely and estimates that development of a farm plan and purchase of equipment would cost approximately $3,000-$6,000 per farm. Annual monitoring and reporting costs would likely be $7,000-$14,000.

If agricultural dischargers choose not to seek a waiver under one of the above conditions, they must obtain an individual waste discharge permit. Agricultural dischargers who fail to join a coalition group or file as an individual discharger could ultimately be subject to fines of up to $1,000 for each day the violation occurs.

In June 2006, the Central Valley Regional Water Quality Control Board voted to extend the waiver for another five years. A number of fishing, farm worker, and environmental groups had advocated for stricter accountability and enforcement of the waiver program. The board did vote to require submission of an electronic list of coalition members.

The Irrigated Lands Conditional Waivers is an interim program until a 10-year implementation program can be developed. During the interim period, the Central Valley Regional Water Quality Control Board has directed its staff to develop a 10-year plan to meet water quality objectives and prepare an Environmental Impact Report in support of the plan and meet with watershed coalitions as needed. The Central Coast Regional Water Quality Control Board and the Los Angeles Regional Water Quality Control Board also have implemented irrigated lands waiver programs.