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WC Sec 13953-13953.4 SAN JOAQUIN VALLEY AGRICULTURAL DRAIN (WATER QUALITY)
13953. 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.
13953.1. There shall be no discharge from a San Joaquin Valley
drain into Monterey Bay or tributaries draining into Monterey Bay.
13953.2. 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) 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) 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) 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) 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) The repayment schedule for the drain takes into account the
(1) The quantity of effluent discharged into the drain by the
(2) The concentration of salts in the effluent of the discharger.
(3) The distance the effluent of the discharger is carried in the
(4) The quantity of water applied in the areas contributing to the
(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) 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.
13953.3. 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.
13953.4. 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).