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WASTE DISCHARGE REQUAENTS ORDER NO. R5-2002-XXXX 4 <br /> MARLEY COOLING TOWER COMPANY <br /> SAN JOAQUIN COUNTY <br /> Mormon Slough, and the Stockton Diverting Canal to provide irrigation water for adjacent <br /> farmers. During this time,there are periods of limited or no flow in the Stockton Diverting <br /> Canal. <br /> 15. The Basin Plan at page H-2.00 states that: "Existing and potential beneficial uses that currently: <br /> apply to surface waters of the basins are presented in Figure II-1 and Table H-1. The beneficial <br /> uses of any specifically identified water body generally apply to its tributary streams." The <br /> Basin Plan does not specifically identify beneficial uses for the Stockton Diverting Canal,but the <br /> Basin Plan does identify present and potential uses for the Calaveras River, to which the <br /> Stockton Diverting Canal is tributary. <br /> The Basin Plan identifies the following existing beneficial uses of the Calaveras River, from <br /> New Hogan Reservoir to the Delta: municipal and domestic supply(MUN), agricultural supply <br /> (AGR) including both irrigation and stock watering; body contact recreation, canoeing and <br /> rafting, (REC-1); and other non-body contact recreation (REC-2); warm freshwater habitat <br /> (WARM); cold freshwater habitat (COLD), warm and cold migration of aquatic organisms <br /> (MIGR),warm and cold habitat spawning,reproduction, and/or early development (SPWN); and <br /> wildlife habitat (WILD). Industrial process supply(PRO) and industrial service supply(IND) <br /> are identified as a potential beneficial uses. In addition, State Board Resolution No. 88-63, <br /> incorporated into the Basin Plan pursuant to Regional Board Resolution No. 89-056, requires the <br /> Regional Board to assign the municipal and domestic supply use to water bodies that do not have <br /> beneficial uses listed in Table H-1. <br /> The Basin Plan on page H-1.00 states: "Protection and enhancement of existing and potential <br /> beneficial uses are primary goals of water quality planning..." and with respect to disposal of <br /> wastewaters states that"... disposal of wastewaters is [not] a prohibited use of waters of the <br /> State; it is merely a use which cannot be satisfied to the detriment of beneficial uses." <br /> In reviewing whether the existing and/or potential beneficial uses of the Calaveras River apply to <br /> the Stockton Diverting Canal, the Board has considered the following facts: <br /> a. Domestic Supply and Agricultural Supply <br /> The Regional Board is required to apply the beneficial uses of municipal and domestic <br /> supply to the Stockton Diverting Canal based on State Board Resolution No. 88-63 which <br /> was incorporated into the Basin Plan pursuant to Regional Board Resolution 89-056. In <br /> addition, the State Water Resources Control Board (SWRCB)has issued water rights to <br /> existing water users along Stockton Diverting Canal and the Calaveras River downstream <br /> of the discharge for domestic and irrigation uses. As noted above, municipal and domestic <br /> supply are identified as an existing beneficial use of the Calaveras River,with which the <br /> Stockton Diverting Canal exchanges water. <br /> b. Water Contact and Non-Contact Recreation and Esthetic Enjoyment <br /> The Board finds that the discharge flows through residential areas, and there is ready public <br /> access to the Stockton Diverting Canal and the Calaveras River. Exclusion of the public is <br />