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0 0 ATTACHMENT A -5- ORDER 5 - ORDER NO. R5-2006-0054 INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF WASTE DISCHARGE REQUIREMENTS FOR DISCHARGES FROM IRRIGATED LANDS INFORMATION SHEET* In July 2003, the Regional Water Quality Control Board, Central Valley Region (Central Valley Water Board) adopted Conditional Waivers of Waste Discharge Requirements for Discharges From Irrigated Lands Within the Central Valley Region (Conditional Waivers or Waiver) (Resolution No. R5-2003-0105). Various parties filed petitions with the State Water Resources Control Board (State Water Board) and filed petitions for writ of mandate in the Sacramento County Superior Court. On 10 May 2005, the Sacramento County Superior Court issued a ruling in the matter of Deltakeeper, et al. v. California Regional Water Quality Control Board, Central Valley Region, et al., No. 04CS00235, and California Farm Bureau Federation v. State Water Resources Control Board, et al. No. 04CS00264 (Court Order). In that ruling, the Court remanded: "this action so that Respondents may clarify in its findings the extent to which the Waiver is intended to apply to agricultural dominated waterways and constructed agricultural drains and other non -stream tributaries; the extent to which the Waiver purports to impose receiving water limitations upon such waterbodies; and, in light of the foregoing, the extent to which the Waiver may rely on application of the Tributary Rule for these purposes." (Court Order at 77). In response to the Court's three questions: 1. The Conditional Waivers apply to all waters of the state within the Central Valley Region, including agricultural dominated waterways, constructed agricultural drains, and other non - stream tributaries. 2. The Conditional Waivers impose receiving water limitations upon agricultural dominated waterways, constructed agricultural drains, and other non -stream tributaries to the same extent as the Basin Plans. The Central Valley Water Board has designated beneficial uses for listed water bodies, including uses for certain agricultural drains in its Water Quality Control Plans. See Chapter H of the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins and the Water Quality Control Plan for the Tulare Basin. To address water bodies that are not separately listed in the Water Quality Control Plans, the Regional Board set forth the so-called "tributary rule". The Regional Board generally does not use the tributary rule to determine beneficial uses for constructed agricultural drains and other non -stream tributaries. The tributary rule generally does apply to agricultural dominated water bodies. Even if a water body is not listed and the tributary rule does not apply, beneficial uses of water bodies may be designated pursuant to other laws or policies. For example, designated uses may be based on the United States Environmental Protection Agency's water quality standards regulations. See State Water Board Order WQO 2002-0016 at 6. *This Information sheet was added to the 2003 Conditional Waiver by Resolution R5-2005-0137 on 20 October 2005 to address the Court Order.