1. Proposed Agricultural General Order for Bard Valley Regional Board WORKSHOP May 15, Logan Raub, Env. Sci.

2. Overview Regulatory Authority Laws and Policies
Bard Valley Agricultural Conditional Waiver (Waiver)
Tentative Bard Ag Order
General Order Requirements
Comments

3. Regulatory Authority

4. 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

5. 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

6. Non Point Source Policy

7. Non Point Source Policy
California’s 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 schedule→Milestones→Attain WQOs

8. Non-Point Source Policy Adaptive Management
Monitoring and Reporting
Implementation of Management Practices
Water Quality Outcomes
Milestone
Meet Objectives
Improved Management Practices

9. State Board WQ 2018-002 Eastern San Joaquin Order

10. State Board Order WQ
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

11. 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

12. Irrigation and Nitrogen Planning and Reporting
Irrigation and Nitrogen Management Plan (INMP)
Reports
INMP Summary Report

13. 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:
The same crop type,
The same fertilizer inputs,
The same irrigation management, and
The same management practices.

14. Irrigation and Nitrogen Planning and Reporting
Alternative Reporting Areas:
The Regional Board has the flexibility to develop alternative reporting areas for growers:
Highly intensive cropping practices,
Unpredictable crop types and harvesting, and
Variable management practices, and
Area cannot exceed 640 acres.

15. 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

16. 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

17. Bard Valley Conditional Waiver

18. Irrigated Agricultural Lands in the Colorado River Basin
Coachella Valley
Palo Verde Valley
Salton Sea
Bard Valley
Imperial Valley

19. Bard Unit Waiver
Colorado River
(CDM Smith, 2019)

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

21. Nitrogen in Bard Surface Water 2015-2018
Source
Drainage
RC Head Gate AAC
DRAIN #7
DRAIN #6
Total N
(mg/L)
0.48
4.72
1.97
Nitrates
(mg/L as N)
0.27
4.00
1.54

22. Tentative Bard Agricultural General Order

23. Agricultural General Order
General Orders do not expire
Consistent regional regulations
Considers local conditions
Complies with state laws and policies
Water Code
Anti- Degradation
NPS Policy
Precedential requirements
Agricultural General Order

24. 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

25. Scope And Applicability (continued)
Does NOT apply to
Tribal land
“Non-profit” farming activities
Farm Activities regulated by other Board Orders

26. General Order Requirements

27. Member Requirements Requirements Due Dates
File Electronic Notice Of Intent
Within 3 months after adoption
Develop/ Submit:
Farm Plan
Mar ; annually
INMP/Summary Reports (New)
Mar ; annually
Implement Management Practices
Ongoing
Attend Outreach and Education
Annually
Monitor Drinking Water Wells (New)
Pay State Fees

28. 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

29. 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

30. 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

31. Coalition Requirements
Due Dates
Submit Organizational Report
Within 3 months after adoption
Submit Membership Reports
Aug ; annually
Provide Templates: (New)
Farm Plans
INMP/Summary Reports
Drinking Water Notifications
Within 30 days after EO template approval
Monitor:
Groundwater (New)
Surface Water
Within 30 days after EO QAPP approval
Report Monitoring Results
Within 14 days after receiving results

32. Coalition Requirements Continued
Due Dates
Prepare Water Quality Restoration Plans (New)
As directed by the RB
Conduct Outreach and Education
Annually
Submit INMP Summary Data (New) and Farm Plan Data – Anonymous ID (New)
Mar ; annually thereafter
Provide Copies of NOVs to Members
Within 30 days of receiving from the RB
Collect Fees

33. 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

34. Coalition Comments Discharges From Tribal, Arizona Lands
Cost Estimates
Field Level Reporting
Trade Secrets
Nitrogen Planning and Reporting Exemption

35. Coalition Comments continued
Naturally occurring salts not from agriculture
Recognition for past efforts
Better inform growers in Bard Valley

36. Summary Proposed General Order Meeting with Coalition
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

37. COMMENTS QUESTIONS