On September 26, 2013, the Central Valley Regional Water Control Board adopted new rules authorizing the imposition of Waste Discharge Requirements (WDRs) on agricultural lands in Fresno, Tulare, Kings, and Kern Counties. The new rules are the first regulations requiring farmers in California to monitor and protect groundwater, although surface water has been regulated on an interim basis since 2003.
The new program is the latest development in the Water Board’s Irrigated Lands Regulatory Monitoring Program (ILRMP), established in 2003. The new rules will impact approximately 7,200 growers comprising about 850,000 acres of farmland within the Tulare Lake Basin area.
Under the new regulations, each farm must conduct an evaluation to assess groundwater quality and the effectiveness of existing water management practices. Based on these assessments, existing farmer-run coalitions will handle monitoring of ground and surface water, reporting results to the Water Board on behalf of coalition members. Farms deemed at high risk for ongoing water quality issues will be required to conduct additional monitoring and devise management plans to remedy contamination.
While farmers have repeatedly expressed concerns about the financial burden the regulations will place upon farmers, the Water Board estimates the cost to implement the new rules will be less than $2 per acre.
Ground water in the San Joaquin Valley has historically been contaminated with nitrates from fertilizers, septic systems, sewage treatment and decaying plants. In a 2012 study, University of California at Davis researchers concluded that 96% of the contamination in the Valley resulted from application of nitrates to croplands.
--Kathryn Oehlschlager
For more information, contact Kathryn Oehlschlager at (415) 228-5458, klo@bcltlaw.com.
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