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WASTE DISCHARGE REQUAENTS ORDER NO. R5-2003.@UGY • 5 SPX CORPORATION MARLEY COOLING TOWER COMPANY SAN JOAQUIN COUNTY In reviewing whether the existing and/or potential beneficial uses of the Calaveras River apply to the Stockton Diverting Canal, the Board has considered the following facts: a. Domestic Supply and Agricultural Supply The Regional Board is required to apply the beneficial uses of municipal and domestic supply to the Stockton Diverting Canal based on State Board Resolution\o. 88-63 which was incorporated into the Basin Plan pursuant to Regional Board Resolution 89-056. In addition, the State Water Resources Control Board (SWRCB) has issued water rights to existing water users along Stockton Diverting Canal and the Calaveras River downstream of the discharge for domestic and irrigation uses. As noted above, municipal and domestic supply are identified as an existing beneficial use of the Calaveras River,with which the Stockton Diverting Canal exchanges water. b. Water Contact and:Von-Contact Recreation and Esthetic Enjoyment The Board finds that the discharge flows through residential areas, and there is ready public access to the Stockton Diverting Canal and the Calaveras River. Exclusion of the public is unrealistic and contact recreational activities currently exist along the Stockton Diverting Canal, the Calaveras River, and downstream waters and these uses are likely to increase as the population in the area grows. c. Groundwater Recharge In areas or at times when groundwater elevations are below the Stockton Diverting Canal and/or Calaveras River bottom, water from the river will percolate to groundwater. Since flow in the Stockton Diverting Canal and/or Calaveras River is at times minimal, it is reasonable to assume that the stream water originating from the Stockton Diverting Canal is lost by evaporation, flow downstream and percolation to groundwater providing a source of municipal and irrigation water supply. d. Freshwater Replenishment There are periods of hydraulic continuity between the Stockton Diverting Canal and the Calaveras River. During periods of hydraulic continuity, the Stockton Diverting Canal contributes some or all of the water quantity and may impact the quality of water flowing down stream in the Calaveras River. e. Preservation and Enhancement offish, Wildlife and Other Aquatic Resources. The Basin Plan (Table II-1)designates the Calaveras River as being a cold freshwater habitat. The Stockton Diverting Canal exchanges water with the Calaveras River, diverting water from Morman Slough, which originates from the Calaveras River,back into the