GROWER REQUIREMENTS Kings Kaweah - Tule Grower Enrollment Workshop - - PowerPoint PPT Presentation

GROWER REQUIREMENTS

Kings – Kaweah - Tule Grower Enrollment Workshop

Exeter Veterans’ Memorial Building

April 8, 2014 Donald Ikemiya

www.kaweahbasin.org

Benjamin Franklin – “In this world nothing can be said to be certain, except …

• Death
• Taxes
• Irrigated Lands Regulatory

Program”

Three Certainties

• Irrigated lands

–Nurseries, and privately and publicly-managed wetlands –Any type of irrigation system

• Producing crops or pasture for commercial

purposes

–Commercial crops that are not yet marketable (i.e. vineyards and tree crops)

Growers Who Must Comply

ILRP Exempt Growers

• Does not apply to non-irrigated rangelands or
• ther non-irrigated lands (i.e. fallow fields)
• Does not apply to lands covered by other

General Orders, such as dairies or individual discharge permits (e.g. food processors)

Who Can Join a Third-Party?

• Any landowner or operator within the

boundaries of a Third-Party can join and enroll parcels

– Important that all irrigated acres be covered – Either the landowner of the operator must enroll the irrigated parcels, but not both

Adopted General Orders

• 1. Eastern San Joaquin Watershed
• 2. Tulare Lake Basin Area
• 3. Western San Joaquin River Watershed
• 4. Western Tulare Lake Basin Area (Westlands)
• 5. Rice Growers within the Sacramento Valley
• 6. San Joaquin County and Delta Area
• 7. Sacramento River Watershed

Adopted General Orders

Tulare Lake Basin G.O.

Water Board Statistics:

• ~ 2.89 million irrigated acres
• ~ 10,700 growers
• ~ 350,000 acres Dairy G.O.
• ~10,600 linear miles of

surface water courses

• 1. Kings River
• 2. Kaweah Basin
• 3. Tule Basin
• 4. Kern River
• 5. Buena Vista

Kaweah Boundaries

KBWQA Statistics:

• ~200,000

irrigated acres

• ~1,300+

growers

• The designated “Member” will be the

contact person for compliance with the General Order

–The other associated entities (landowners and/or operators) can also be responsible for compliance with the General Order, but not be the contact person

Who Can Join a Third-Party?

• Third-Party facilitates regulatory compliance with

the General Order for Members –Outreach and education –Prepare grower templates

• Nitrogen Management Plan
• Farm Evaluation
• Sediment & Erosion Control Plan

Grower Benefits of Joining

Grower Benefits of Joining

• Prepare and submit annual reports to the

Water Board

• Prepare Groundwater Quality Assessment

Report (GAR)

– Identify high vulnerability areas – Determine priorities

• Prepare additional reports and studies

• Advocacy on water quality issues in various

forums

• Develop and implement economical and

scientifically valid water quality monitoring programs

• Develop a Management Practices Evaluation

Program

Grower Benefits of Joining

• 1. Maintain a copy of the General Order at your

place of business (digital or hard copy) and be familiar with its contents

• 2. Participate in member outreach events
• 3. Cooperate in requested assistance for

groundwater quality monitoring (testing from ag wells)

• 4. Assistance in development of management

plans for pesticide exceedances

Member Responsibilities

• 5. Implement best management practices that

are protective of surface and groundwater quality

• 6. Maintain annual Third-Party membership
• 7. Farm Evaluation Plan
• 8. Nitrogen Management Plan
• 9. Sediment and Erosion Control Plan (if

applicable)

Member Responsibilities

Member Responsibilities

• Membership applications sent out to all

existing members in the former Conditional Waiver Program

– November 2013 - Kings – February 2014 - Tule – March 2014 - Kaweah

Enrollment Notification

Enrollment Notification

Enrollment Notification

Enrollment Notification

• Water Board has started to send a separate

letter to all landowners with parcels not enrolled in the former Conditional Waiver Program

• Landowners may receive multiple letters

Enrollment Notification

Enrollment Notification

The following will be required for membership:

• Complete Membership Application, to include:

– Member contact information – Irrigated acres – Landowner contact information – APNs to be enrolled

• Pay an annual membership fee and acreage fee
• Confirm your APNs!

Next Steps

Parcel Third-Party enrollment deadlines

• Kings River Water Quality Coalition

– By May 19, 2014

• Tule Basin Water Quality Coalition

– By August 3, 2014

• Kaweah Basin Water Quality Association

– By August 6, 2014 – Existing Members Avoid Late Fees pay by April 25, 2014

Next Steps

Tule, Kaweah & Kings Tables are set up to:

• Answer questions pertaining to your

parcels and property

• Answer questions about existing and new

membership

• Answer questions about your applications
• Accept completed applications and

payments

Sign-up Stations

Common Grower Questions

• Is joining a Third-Party Group

mandatory?

– No - joining is voluntary, but compliance with the General Order is mandatory

Common Grower Questions

• Do I report APN acres or irrigated

acres?

– Report irrigated acres within each parcel – Not your house, shed, roads, etc.

Common Grower Questions

Common Grower Questions

60 acres

• 5 acres

55 acres

• Is the Third-Party a branch of the

Water Board?

– No - just like your accountant is not a branch of the IRS – Third-Party Groups/Coalitions represent growers (like a co-op)

Common Grower Questions

• Can I join any Third-Party?

– No – Your parcel must be within the geographic boundary of the Third- Party – You could have multiple parcels, each belonging to a different Third-Party

Common Grower Questions

• What are my options if I don’t join a

Third-Party?

1. Can obtain coverage under the General Waste Discharge Requirements for individual growers 2. Can obtain an Individual Permit 3. Not join or obtain individual coverage; subject to $1,000/day fines

Common Grower Questions

• Why are the per acre fees different

between the Third-Parties?

– Each Third-Party is unique

Common Grower Questions

• Kaweah Fees:

– Budget based on detailed cost analysis of General Order – Significant costs for surface water program (12+ sites) – Less acreage to spread costs (200,000 acres) – Different coverage period (January to December) and billing cycles (September) – Projected 85% sign-ups – Kaweah Board did not want to come back twice in the same year for more fees – Left over funds, carry-over to the next year

Common Grower Questions

• Which Third-Party is my land in?

– Check your parcel at the sign-up stations – Borderline parcels are tricky – We have found some errors

Common Grower Questions

• I won’t be irrigating a parcel in 2014,

do I signup and pay fees?

– Yes – You can signup that parcel – but don’t have to pay per acre fees – Risky if there is a chance of irrigating

Common Grower Questions

• Will my data be kept confidential?

– Yes somewhat – water quality data reported to the Water Board on a Township basis (36 sq miles) – Not - Member contact info & APNs – Unclear on future reporting

Common Grower Questions

• I just paid for two Third-Parties on

the same parcel, now what?

– Ask for a refund or a returned check from the incorrect Third-Party

Common Grower Questions

• I’m in the process of purchasing

additional farmland, what do I do?

– Notify the Water Board & Third-Party – Make sure the parcel is covered in the program for the coverage period, if not then sign it up

Common Grower Questions

• I received an invoice/notice for land I

sold, now what?

– Notify the Third-Party – Provide the Third-Party contact information – Forward documents to the new

• wner

Common Grower Questions

• Is this a tax or program on

groundwater pumping?

– No: Water Quality, not Supply Common Grower Questions

All growers must take action by either joining a Third- Party or contact the Water Board to apply for Individual coverage Third-Party members will receive notices regarding technical issues, reporting obligations & deadlines, and upcoming outreach events in Fall 2014 Reporting obligations begin March 1, 2015 depending on farm size and vulnerability status Growers will be notified each year to renew membership and add or remove parcels

Grower Key Points

Questions?

Kaweah Basin Water Quality Association P.O. Box 2840 Visalia, CA 93279 Tel: (559) 302-1620 Fax: (559) 636-1177 E-mail: admin@kaweahbasin.org Website: www.kaweahbasin.org Tule Basin Water Quality Coalition 2904 W. Main Street Visalia, CA 93291 Tel: (559) 627-2948 E mail: info@tbwqc.com Website: www.tbwqc.com Kings River Water Quality Coalition P.O. Box 8259 Fresno, CA 93747 Tel: (559) 365-7958 E-mail: info@kingsriverwqc.org Website: www.kingsriverwqc.org

TULARE LAKE BASIN: IRRIGATED LANDS REGULATORY PROGRAM

3rd Party Requirements David De Groot, PE 4Creeks, Inc.

April 8, 2014

Background: Tulare Lake Basin Area has about 3,000,000 acres of irrigated cropland that is regulated by the Regional Water Quality Control Board as of September 19, 2013.

‐ Regulation covers monitoring of both groundwater and surface water quality ‐ Pending Petitions / Legal Actions have been filed against the State Water Resources Control Board by both Coalitions and Environmental Groups

Decision Time for Growers in the Tulare Lake Basin

1.

Apply for an Individual Waste Discharge Permit from Water Board

2.

Join a Third Party Coalition to Represent you and help implement the Water Board requirements

3.

Notify Water Board that you do not irrigate for commercial purposes (Grazing land)

4.

Notify Water Board that you are covered under a different Waste Discharge Permit (Dairies)

 Not doing anything is no longer an option, Option 2 is no

longer an option after August 4, 2014

Individual Waste Discharge Requirements

 Individual Order Adopted July 26, 2013  Water Board will contact each Grower with information  Grower can contact Water Board directly at Phone Number provided by

RWQCB letter or download application from the Website.

 Individual Order requires:

 On‐Site Monitoring (water quality, soil, plant tissues)  Nutrient Management Plan  Identify and Implement BMP’s  Annual Reporting

Individual Waste Discharge Requirement

Cost examples of 2014 regulatory coverage under the Individual General Order: Farm Size Annual Regulatory Fee Annual Estimated Monitoring and Reporting Costs Total Estimated Annual Costs 50 acres $1,419 $2,771 $4,190 250 acres $3,883 $13,858 $17,741 (Table from Regional Water Quality Control Board Website)

3rd Party Implementation of new General Order

3rd Party Representatives 3rd Party Requirements of Implementation Schedule for General Order Implementation

3rd Party General Order – Coalitions within Tulare Lake Basin

Kaweah Basin King River Buena Vista Kern River Tule Basin Cawelo Westside (Kern)

Tulare County 3rd Parties Contacts email Kaweah Basin Water Quality Association http://www.kaweahbasin.org/ Donald Ikemiya

• P. O. Box 1247

Visalia, CA 93279 (559) 302-1620 admin@kaweahbasin.org Kings River Water Quality Coalition http://www.kingsriverwqc.org/ Dave Orth 4886 E. Jensen Avenue Fresno, CA 93725 (559) 365‐7958 info@kingsriverwqc.org Tule Basin Water Quality Coalition http://www.tbwqc.com/ David DeGroot 2904 W. Main Street Visalia, CA 93291 (559) 627‐2948 info@tbwqc.com

3rd Party Requirements: Member Sign‐up

3rd Party Approved by Water Board (NOA) – Approval Date

Varies by 3rd party (November 2013 – February 2014)

Send Notice of Confirmation to Existing Waiver Members RWQCB to send notice to all landowners outlining options Each landowner has 180 days to sign up after NOA New Members Contact 3rd Party to Sign Up, 3rd Party provided

Participation Application

3rd Party Requirements: One‐Time Reports

 Surface Water Monitoring Plan – Due 180 days from NOA

 Submit Outline with 2 months of NOA  Revise existing plans, continue with current reporting until new plan is

adopted

 Prepare Quality Assurance Project Plan (QAPP)

 Sediment and Erosion Assessment Report – Due 1 year from NOA

 Identify which of the parcels within the basin have potential to discharge

sediment or erode into the natural waterways

Continued on next slide…

3rd Party Requirements: One‐Time Reports

 Groundwater Quality Assessment Report (GAR) – Due 1 year from NOA

 Submit Outline within 3 months of NOA  Historical Data analysis and summary of the basin, identify high and low

vulnerability areas with basin

 Groundwater Trend Monitoring Workplan – Due 1 year from GAR

approval

 Based on results from GAR, determine groundwater monitoring strategy by

identifying existing wells to sample and monitor on an annual basis.

3rd Party Requirements: Annual Duties

 Conduct Public Outreach and Education Meetings / Webinars  Prepare Annual Report  Conduct surface and ground water monitoring  Collect member fees and pay State Water Resources Control Board

Fees (currently $0.75 / acre)

 Participate in Management Practice Evaluation Plan (MPEP)  Summarize Nitrogen Management Plan Reports from Members  Summarize Farm Evaluation Reports from Members  Prepare Annual Budget and Financial Report  Prepare Annual Membership List – Update each year

3rd Party Requirements: As Needed

Respond to Notice of Violations Prepare Surface Water Exceedance Reports Prepare Surface Water Management Plans Update Participant Data (new participants, updated

acreage, new well, etc.)

Schedule – 3rd Party Requirements

 September 19, 2013: RWQCB adopted new General Order  October 18, 2013: Applications submitted by 3rd Parties for approval  November 2013 – February 2014: RWCQB 3rd Party Approvals Issued  May – August 2014: Surface Water Monitoring Plan Due / Sign‐up Period

Closes

 November 2014 – February 2015: Groundwater Assessment Report Due  November 2014 – February 2015: Sediment and Erosion Assessment Report Due  November 2014 – February 2015: MPEP Group Established / 3rd Party Plan Due  November 2015 – February 2016: Groundwater Trend Monitoring Plan Due  2015 : Begin submitting Annual Summary Reports  2016 ‐ ?? : 3rd Party Annual Monitoring Program

Questions?

Kaweah Basin King River Buena Vista Kern River Tule Basin Cawelo Westside (Kern)