1999 Accomplishments and Priorities

State Water Resources Control Board

The State Water Resources Control Board is to preserve and enhance the quality of California’s water resources, and ensure their proper allocation and efficient use for the benefit of present and future generations.

Accomplishments from First Half of 1999

1. Bay/Delta Program. The State Water Resources Control Board (SWRCB) completed the first seven phases of the quasi-judicial hearings on implementing the flow and salinity objectives in the 1995 Bay/Delta Water Quality Control Plan. Hearings were completed on four phases during the period, Phase 2A, 2B, 6 and 7. Phase 2A concerns whether the SWRCB should implement the San Joaquin River Agreement (SJRA). Phases 6 and 7 concern petitions filed by the Department of Water Resources and the U.S. Bureau of Reclamation (USBR) requesting joint points of diversion in the Delta and consolidation of the USBR’s places of use under its various Central Valley Project water right permits, respectively. Phase 2B concerns petitions filed by parties to the SJRA necessary for its implementation. Phase 2A, the first of the four phases held this year, commenced on January 11, and Phase 2B, the last of the phases held this year, concluded on July 6.
2. Imperial Irrigation District/San Diego Water Authority. At the request of the parties, the SWRCB postponed the filing of formal protests to the noticed, proposed transfer in an attempt to facilitate the settlement of the differences between the transfer proponents and the Metropolitan Water District and the Coachella Valley Water District.
3. Water Quality Petitions. During this period, the SWRCB received a total of 22 petitions seeking review of actions taken by the Regional Boards. Of the 22 petitions, 9 sought active review and 13 were filed to preserve appeal rights. During the same time period, 14 petitions were dismissed, 1 order was adopted, and 2 petitions were withdrawn.
4. Bay Protection and Toxic Cleanup Program. All coastal Regional Boards prepared and submitted regional Toxic Hotspot Cleanup Plans for priority bays and estuaries. SWRCB prepared and adopted the Statewide Consolidated Cleanup Plan on June 17, 1999 and transmitted the plan via Cal/EPA to the Legislature as required by statute.
5. California Ocean Water Quality Control Plan Triennial Review. Staff reviewed and addressed public comments regarding revisions to be addressed in the 1999-2002 Triennial Review of the Ocean Plan. The SWRCB approved the subsequent workplan on June 30, 1999 directing SWRCB staff activities for the Triennial Review.
6. Proposition 204 Delta Tributary Watershed Restoration Grant Program. In January 1999, the SWRCB approved the second and final phase (Phase II) of projects to be funded under the program’s $14.5M grant program. Thirty-one projects were selected for funding. By June 30, 1999 contracts implementing nine projects from Phase I had been executed and seven were in final stages of processing.
7. Geographic Information System (GIS). The SWRCB completed a report on feasibility of a statewide geographic information system and submitted to the Legislature and Governor Davis in early July. The report was completed pursuant to AB 592 (Kuehl) and SB 1189 (Hayden).
8. UST Advisory Panel Reports. The SWRCB completed advisory panel reports on the leak history of new and upgraded UST systems and marina refueling practices in January 1999.
9. Border Work. SWRCB staff assisted in the coordination and conduct of six meetings and workshops on environmental border issues attended by representatives of the U.S. and Mexico.
10. State Revolving Fund (SRF). SWRCB staff worked out contract language with the city of San Diego to facilitate implementation of $85M of previously approved loan commitments.

Priorities for Second Half of 1999

1. Bay/Delta Program. The SWRCB will prepare and adopt a decision for completed phases of the Bay/Delta hearings in December. The decision will address: (1) whether to accept the San Joaquin River Agreement and approve necessary petitions filed by parties to the agreement; (2) whether to accept other negotiated agreements regarding the responsibilities of water users to meet Bay/Delta objectives; (3) how to deal with objectives for southern Delta salinity and dissolved oxygen; and (4) whether to approve petitions filed by the Department of Water Resources and the U.S. Bureau of Reclamation. The SWRCB will also complete and certify its final environmental impact report on the project, including its responses to comments received on the draft environmental document.
2. Yuba River. The principal parties will be conducting settlement negotiations regarding applicable flows in the lower Yuba River. The SWRCB will review their progress and may need to hold a hearing in December or subsequently in the event the parties cannot reach a mutually acceptable agreement. The SWRCB will incorporate instream flow requirements into the water right permits for diverters along the lower Yuba River.
3. Imperial Irrigation District/San Diego Water Authority. The SWRCB must decide in September if sufficient progress has been made in protest settlement negotiations to warrant calling for final protests. Staff is developing a work plan outlining the efforts that will be necessary for the SWRCB to conduct the statutorily required verification of Imperial Irrigation District’s water conservation. The work plan should be completed in December 1999.
4. Water Quality Petitions. Communities for a Better Environment (CBE), San Francisco BayKeepers and others have filed petitions with the SWRCB seeking review of actions taken by the San Francisco Bay Regional Board. At issue are National Pollutant Discharge Elimination System (NPDES) permits reserved to the cities of Palo Alto, Sunnyvale, and collectively, San Jose and Santa Clara. The cities (referred to as the South Bay Dischargers) operate wastewater treatment plants that discharge tertiary-treated effluent to shallow water tributaries to South San Francisco Bay. The petitions assert the permits do not adequately protect water quality.
5. Inland Surface Water/Enclosed Bays and Estuaries Implementation Policy. Release of the final draft of the ISWP/EBEP Implementation Policy is scheduled for November 1999 and discussion at a SWRCB Workshop in December 1999. The policy will be considered for adoption by the SWRCB in January 2000 (contingent on public comments and revisions from the December workshop).
6. California’s Nonpoint Source Control Program. SWRCB staff released draft NPS Program documents outlining the strategy and implementation plan for 1998-2013. Staff will hold public and agency meetings to explain the NPS Program, respond to comments, and revise draft as needed. The program is proposed for SWRCB adoption in November 1999. With the California Coastal Commission, the SWRCB will jointly submit California’s NPS Program to US EPA and the National Oceanic and Atmospheric Administration in December 1999. This action will satisfy Clean Water Act Section 319 requirements for an enhanced State NPS program and the requirements of the Coastal Zone Act Reauthorization Amendment requirements.
7. Issuance of a NPDES Permit for Storm Water Discharge Associated with Construction Activity (General Permit). The Federal Clean Water Act requires industries to obtain a NPDES permit for the discharge of storm water from industrial activities. Included in these categories are construction activities which result in a land disturbance of five acres or more. Adoption of an order issuing the General NPDES Construction Storm Water Permit will be considered.
8. Watershed Management Initiative - Approval of Grants. The SWRCB, at its October 1999 Board Meeting will consider approval of approximately $7.5M in federal 319(h) grants and $400,000 in 205(j) grants. These funds are targeted at high priority watersheds to enhance and implement the SWRCB’s Watershed Management Initiative.
9. Coordination with Regional Boards. A meeting with the State Board Chair and the Regional Board Chairs and Vice-Chairs will include enforcement, TMDLs, the FY 99/00 budget and a discussion with Winston Hickox.
10. MTBE - Ethanol Study. Complete study of fate and transport of ethanol in surface water and groundwater pursuant to Item #10 of Executive Order D-5-99 by December 31, 1999.
11. MTBE - Groundwater Vulnerability. Complete initial draft of groundwater vulnerability maps by September 1, 1999, and submit for review to the Department of Health Services and the Department of Water Resources.
12. MTBE - Guidelines for Cleanup. Develop draft guidelines for the investigation and cleanup of MTBE in groundwater and submit for stakeholder review by December 1, 1999 (Item #8 of Executive Order D-5-99).
13. State Revolving Fund (SRF). Hold workshops on the SRF program as part of an outreach program for potential new applicants. This could result in up to $300M in new projects.
14. Border Issues. Assist in coordination of a meeting of the Governors of the ten U.S./Mexico border states to discuss environment, trade and other mutual issues.

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