Agricultural Waiver Information Sheet

On January 1, 2003, the Central Valley Regional Water Quality Control Board (Regional Board) adopted a new "Conditional Waiver of Waste Discharge Requirements for Discharges from Irrigated Lands." Obtaining this waiver means that dischargers do not have to hold a permit for their discharge, as long as steps are taken to improve water quality through Best Management Practices on the acreage. Outlined below are the types of discharge this waiver covers, different options for compliance, and landowner responsibilities.

Types of discharge the Waiver covers: The Regional Board's Waiver applies to: surface discharges of irrigation water (tailwater), operational spills, groundwater drainage, and storm water runoff flowing from irrigated lands. An "operational spill" is defined as irrigation water this is diverted from the water source, but is discharged without being delivered to or used on the field. Land planted to row, field and tree crops, commercial nurseries, nursery stock production and managed wetlands are also included as irrigated lands for the purposes of this waiver (non-irrigated agricultural land and rangeland are not subject to conditions under this waiver).

Options for compliance: There are three options to obtain with this waiver: 1) participate in an established coalition group or 2) secure a discharge waiver (conditional) individually; or 3) submit a Report of Waste Discharge and be regulated by the Regional Board under Waste Discharge Requirements. This last option is the only option for those who, for whatever reason, do not wish to be covered under a group or individual waiver.

Landowner Responsibilities: Depending on what option is chosen, the coalition program or individual landowner will be responsible for supplying certain information, or "deliverables," to the Regional Board. The general waiver adopted by the Regional Board includes a schedule for compliance. The first deadline was June 30, 2003, when coalition groups notified the Regional Board of their intent to assume responsibility for the waiver program within their coalition area. June 03 was also a target for validating support from individual dischargers within the coalition area and providing a 'plan of action' as to how the coalition group will meet other requirements of the waiver program. By June 30, 2004, a detailed report was be due to the Regional Board, which included maps of irrigated acreage in the coalition program, a summary of historic water quality data and known water quality problems, information on types of crops grown in the coalition, information on the types of management practices being used, main actions taken to address any known problems, and a water quality monitoring plan. It is anticipated that the overall implementation plan will include ongoing monitoring, demonstration projects, educational outreach, technical assistance, and funding for improved management practices.

Irrigated Land Agriculture Waiver Update - as of 8/16/2004

	6/30/03: A general report was due to the RB containing lead agencies and organizations, description, map, and a commitment to work with the RB. A more detailed watershed description is due to the RB on 12/31/03.
	6/30/04: A detailed report is due to the RB containing prioritization of sub-watersheds, monitoring plan, compilation of existing data, and a plan for best management practices (BMPs), education, technical assistance, financial assistance and funding mechanisms.
	1/1/05: Monitoring programs by local groups will begin.
	1/30/06: First submittal of annual report of results to RB.

1/03 to 5/03 - Cow Creek Watershed Management Group (CCWMG), Shasta County Cattlemen's Association (SCCA), Farm Bureau, Regional Board, Western Shasta Resource Conservation District (WSRCD), University of California Cooperative Extension (UCCE), National Resource Conservation Service (NRCS) and the Shasta County Ag. Commissioner met to determine the group approaches for western Shasta County and provided education and outreach.

5/6/03 - SCCA decided to manage the local waiver program for western Shasta County. You must be a member of SCCA to be covered by the group waiver. SCCA has joined the Sacramento Valley Water Quality Coalition (SVWQC), a Sacramento Valley Coalition group, for the process of submitting the general report for initial waiver coverage for participants in the region.

SVWQC - The SVWQC coalition group, formed by individuals and organizations active in agriculture, will manage the agriculture waiver program for the Sacramento Valley. SVWQC participants include land owners, operators, Northern California Water Association, irrigation districts, reclamation districts, watershed groups, California Cattlemen's Association, Ducks Unlimited, UCCE, County Ag. Commissioners, Resource Conservation Districts, Farm Bureau, University of California at Davis, Coalition of Urban and Rural Environmental Stewardship, NRCS, Department of Pesticide Regulations and other agricultural organizations. SVWQC will file all required reports and will provide legal and regulatory coordination. Organization elements include a management steering committee, program support committee, monitoring committee, sub-watershed coordinators and local groups within the sub-watersheds like SCCA. The SCCA Agriculture Waiver Program will be part of the Shasta Tehama sub-watershed.

SVWQC has submitted a Consolidated Grant proposal for coverage of a range of future activities as have the sub-watershed coordinators and local groups.
CCWMG - A water quality monitoring grant is being started. CCWMG will be receiving a watershed management plan grant shortly and has submitted a Consolidated Grant proposal for development of a set of BMPs that provide multiple benefits for our type of watershed. Results from these grants, performed for CCWMG by WSRCD, will be made available to the SCCA for assistance in their Ag. Waiver Program.

Next Steps-Based on SVWQC's 6/30/03 general report, RB will approve the waiver and provide guidance to the SVWQC for preparing the 6/30/04 detailed report. SVWQC will continue organizational, program and monitoring development. Sub-watershed coordinators will start education and organizational outreach. Local groups, like the SCCA, will begin outreach to increase participation, will structure monitoring and BMP programs for local area creeks such as Cow, Bear, Clear, Anderson, Cottonwood, Battle etc. and will assemble other detailed information required for inclusion in the 6/30/04 SVWQC detailed report.

The Future-The 12/05/03 conditional waiver expires on 12/31/04 and will be replaced by an undefined ten year implementation program to assure standards will be met. This implementation program requires an EIR which is being developed at this time. The RB reaffirmed the 12/5/02 conditional waiver on 4/24/03 by a four to three vote. However, pressure will continue on the RB to delete the waivers. Several environmental groups (DeltaKeeper, Earthjustice, California Public Research Group, California Sports Fishermen's Protective Alliance, and the National Resources Defense Council) have filed suit against the use of the waiver. In addition, a RB memo by the Executive Director dated 5/2/03 clarifying the 4/24/03 RB is under review by the SVWQC and others.

Currently, The State Water Resources Control Board is facilitating monthly meetings between the Coalition and the RWQCB staff, to assist the Ag Waiver effort in moving forward and being successful.