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Division of Drinking Water's Recycled Water Information


Statutes and Regulations

Current Activities

Among the statutes related to recycled water are Water Code sections 13560-13569, which require us to:

  • Adopt regulations for groundwater replenishment using recycled water by June 30, 2014. The regulations, which became effective June 18, 2014, are available here.

  • In addition, we are required to (1) adopt regulations regarding surface water augmentation (SWA), a form of indirect potable reuse (IPR), and (2) submit a report to the legislature on the feasibility of developing uniform water recycling criteria for direct potable reuse by December 31, 2016.
    • To assist in these activities, we've appointed an Advisory Group and an Expert Panel.
    • Water Code section 13562 requires the State Water Board to adopt uniform water recycling criteria for SWA on or before December 31, 2016, if an Expert Panel has made a finding that the proposed criteria (regulations) would adequately protect public health. The Expert Panel provided on-going feedback during the development process for the SWA regulations. The Expert Panel involved with SWA regulations also developed a report with its findings and recommendations regarding the feasibility of developing criteria for direct potable reuse (DPR), which is included in the State Water Board's Report to the Legislature.
    • Health and Safety Code section 57004 requires a regulation proposed for adoption by the State Board to undergo an external scientific peer review of the bases of the scientific portions of the regulation. The scientific peer reviewers were independent of the Expert Panel.
    • The State Water Board received the completed scientific peer review on June 10, 2016. When available, documents related to the scientific peer review may be found here.
    • The scientific peer reviewers were supportive of the draft SWA regulations; however, their comments resulted in revisions to the draft SWA regulations. The revised draft SWA regulations were subsequently provided to the Expert Panel in order to obtain the Expert Panel's finding as to whether the draft SWA regulations would adequately protect public health. The Expert Panel recently made a finding that the draft SWA regulations would be protective of public health.
    • The State Board is currently completing final reviews and the development of the remaining elements of a regulatory package, as required by the Administrative Procedure Act before posting the draft SWA regulations for public comment. Currently, the State Water Board anticipates the release of the proposed SWA regulations for public comment and a public hearing in 2017.
    • The Report to the Legislature is available here.
  • For more information, contact Mike McKibben via email at: Michael.McKibben@waterboards.ca.gov or Randy Barnard via email at: Randy.Barnard@waterboards.ca.gov. To receive email updates on the Surface Water Augmentation Regulations, please subscribe to Drinking Water mailing list.

Guidance Documents

Other Reports

Other Information

Memorandum of Agreement

Contact Us

  • Questions about our recycled water-related activities should be directed to Randy Barnard.