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FIRM PROFILE

Somach Simmons & Dunn provides a unique combination of experience in the fields of water, natural resources, environmental, public land, public agency, toxics and hazardous waste, zoning, planning, and land development law.

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State Water Board Adopts Recycled Water Policy for Landscape Irrigation and Groundwater Recharge Reuse Projects
February 24, 2009

by Cassie N. Aw-yang
cawyang@somachlaw.com

On February 3, 2009, the State Water Resources Control Board (Board) adopted a Recycled Water Policy (Policy) at a regularly scheduled Board meeting. The Policy culminates a public process that began in March 2007 to develop a consistent regulatory approach for the nine regional water quality control boards to issue permits for the use of recycled water for landscape irrigation and groundwater recharge reuse projects throughout the state.

The Board released three drafts of the Policy for public review and comment in September 2007, February 2008 and November 2008, respectively. Following the Board’s typical process, Board staff prepared the first two drafts. The November 2008 draft (adopted with minor modifications on February 3, 2009) is unusual in that it represents the collaborative efforts of stakeholders from the regulated community, nongovernmental organizations, and the California Department of Public Health as well as Board staff. Each draft of the Policy addresses the use of recycled water from treated municipal wastewater for landscape irrigation and groundwater recharge reuse. At the January 6, 2009 Board meeting, the Board accepted testimony on the November 2008 Policy. Board staff agreed to make any minor, clarifying changes deemed necessary or appropriate for the Board to adopt the Policy in February.

The Policy acknowledges the important role that recycled water can and should play in responding to California’s water supply crisis. The Policy provides direction to the regional water quality control boards, regulated community and public on the appropriate criteria for issuing recycled water permits. The Policy also provides for the streamlined permitting of many projects to facilitate water recycling, and explains the roles of the various state agencies that regulate recycled water projects. In a provision not limited to recycled water purveyors, the Policy also requires salt and nutrient planning and management for groundwater basins throughout the state. In addition, the Policy addresses the incidental runoff of recycled water from irrigation projects, groundwater degradation and chemicals of emerging concern.

For additional information related to the statewide Recycled Water Policy, visit http://www.swrcb.ca.gov/water_issues/programs/water_recycling_policy/index.shtml or contact Bobbi Larson (blarson@somachlaw.com) or Cassie Aw-yang (cawyang@somachlaw.com).


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