Proposed Agricultural General Order for Bard Valley Logan Raub

Proposed Agricultural General Order for Bard Valley Logan Raub

Proposed Agricultural General Order for Bard Valley Regional Board WORKSHOP May 15, 2019 Logan Raub, Env. Sci. Overview Regulatory Authority Laws and Policies

Bard Valley Agricultural Conditional Waiver (Waiver) Tentative Bard Ag Order General Order Requirements Comments 2 Regulatory Authority 3 Why Regulate Agricultural Discharges? Discharges from agricultural lands may

carry wastes that can affect the quality of waters of the state. Salts Nutrients Pesticides Pathogens Sediment 4 Laws And Policies California Water Code. Sections: 13263 Waste Discharge Requirements (WDRs) 13269 Conditional Waivers 13267 Water Quality Investigations

Antidegradation Policy (1968) Nonpoint Source Policy (2004) State Board Order WQ 2018-0002 5 Non Point Source Policy 6 Non Point Source Policy Californias plan for controlling wastes from diffuse sources

Plan/Implement Management Practices (MPs) Monitoring and Reporting Assess MP effectiveness Plan/Implement Improved MPs, repeat MP Implementation Compliance Time scheduleMilestonesAttain WQOs 7 Non-Point Source Policy Adaptive Management

Monitoring and Reporting Water Quality Outcomes Implementation of Management Practices Milestone Milestone Milestone Meet Objectives Improved Management Practices

8 State Board WQ 2018-002 Eastern San Joaquin Order 9 State Board Order WQ 2018-002 Modified Central Valley Agricultural Order for the Eastern San Joaquin Watershed Established requirements that apply to all agricultural regulatory programs: Nitrogen Management

Reporting Monitoring Regional boards to incorporate requirements into their permits by February 2023 10 Nitrogen Tracking and Reporting Tracking nitrogen applied (A) and removed (R) . Reporting A/R and A-R; A: Nitrogen applied to the field in fertilizer, organic amendments, and irrigation water

R: Nitrogen removed from field in harvested or other materials or as sequestered in permanent crops 11 Irrigation and Nitrogen Planning and Reporting Plan Irrigation and Nitrogen Management Plan (INMP) Reports INMP Summary Report 12

Irrigation and Nitrogen Planning and Reporting Field Level Reporting: Members may report data for a portion of a field or for multiple fields (up to 640 acres) provided that the reported area has: (1) (2) (3) (4) The same crop type, The same fertilizer inputs,

The same irrigation management, and The same management practices. 13 Irrigation and Nitrogen Planning and Reporting Alternative Reporting Areas: The Regional Board has the flexibility to develop alternative reporting areas for growers: (1) (2) (3) (4)

Highly intensive cropping practices, Unpredictable crop types and harvesting, and Variable management practices, and Area cannot exceed 640 acres. 14 Irrigation and Nitrogen Planning and Reporting Exemption 1: Does not apply where grower(s) can demonstrate that applied nitrogen is not expected to: Seep below the root zone and impact groundwater, or Discharge to surface water

15 Irrigation and Nitrogen Planning and Reporting Exemption 2: Limited or delayed nitrogen reporting for some categories of growers: Pasturelands Lots of crop rotation (under 20 acres) Economically disadvantaged 16 Bard Valley Conditional Waiver

17 Irrigated Agricultural Lands in the Colorado River Basin ad lor Co oR Bard Valley Imperial Valley r

Salton Sea ive Palo Verde Valley Coachella Valley Bard Unit Waiver Colorado River 19 (CDM Smith, 2019)

Waiver Adopted Jan 2013 Covered 6,450 acres Bard Unit Coalition formed Expired in Jan 2018 Bard Unit Waiver (CDM 20 Smith, 2019)

Nitrogen in Bard Surface Water 2015-2018 Source Total N (mg/L) Nitrates (mg/L as N) Drainage RC Head Gate AAC

DRAIN #7 DRAIN #6 0.48 4.72 1.97 0.27

4.00 1.54 21 Tentative Bard Agricultural General Order 22 Agricultural General Order General Orders do not expire

Consistent regional regulations Considers local conditions Complies with state laws and policies Water Code AntiDegradation NPS Policy Precedential requirements 23

Scope And Applicability Waste discharges from commercial Irrigated Agricultural Lands in the Bard Unit Dischargers who are Members of Coalitions Non-members must submit an application, receive individual permits 24 Scope And Applicability (continued)

Does NOT apply to Tribal land Non-profit farming activities Farm Activities regulated by other Board Orders 25 General Order Requirements 26 Member Requirements Requirements

Due Dates File Electronic Notice Of Intent Within 3 months after adoption Develop/ Submit: Farm Plan INMP/Summary Reports (New) Mar 1 2020; annually Mar 1 2022; annually Implement Management Practices

Ongoing Attend Outreach and Education Annually Monitor Drinking Water Wells (New) Annually Pay State Fees Annually 27 Farm Plan Contents

(Same as in the Waiver) Owner/grower information Farm information No. of acres under cultivation, crop(s) grown Irrigation methods Chemicals applied

Management practices used Any subsurface drainage collection system Discharge point locations 28 INMP Summary Report Contents (New)

Crop Year Owner/manager name Assessor Parcel Number Acreage for each field identified Crop type and age Irrigation management practices Nitrogen management practices Total acreage Nitrogen applied (lbs/acre) Crop yield 29

Drinking Water Well Nitrate Monitoring (New) Conducted by member or coalition Wells identified by the member Annual monitoring for nitrates (3 years) May submit results from the past 5 years If nitrates < 8 mg/L, monitor every 5 years

> 10 mg/L, users notified No monitoring if well not used for drinking 30 Coalition Requirements Requirements Due Dates Submit Organizational Report Within 3 months after adoption

Aug 30 2019; annually Within 30 days after EO template approval Submit Membership Reports Provide Templates: (New) Farm Plans INMP/Summary Reports Drinking Water Notifications Monitor: Groundwater (New) Surface Water Report Monitoring Results

Within 30 days after EO QAPP approval Within 14 days after receiving results 31 Coalition Requirements Continued Requirements Due Dates Prepare Water Quality Restoration Plans (New)

Conduct Outreach and Education Submit INMP Summary Data (New) and Farm Plan Data Anonymous ID (New) Provide Copies of NOVs to Members Collect Fees As directed by the RB Annually Mar 1 2022; annually thereafter Within 30 days of receiving from the RB

Annually 32 Water Quality Restoration Plans (New) Prepared if there are: Water quality problems or Trends of water quality degradation Contents: Identify sources of water quality problems Select MPs to contain the WQ problem Implementation schedule Monitor and report on progress 33

Coalition Comments Discharges From Tribal, Arizona Lands Cost Estimates Field Level Reporting Trade Secrets Nitrogen Planning and Reporting Exemption 34 Coalition Comments continued Naturally occurring salts not from agriculture Recognition for past efforts Better inform growers in Bard Valley

35 Summary Proposed General Order Consistent with California Water Code, NPS Policy, and Precedential Requirements Protects surface water and groundwater quality Meeting with Coalition Staff Workshop in Bard May 21 Public Comment period April 24 through May 24 Scheduled for consideration by RB on June 13, 2019


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