ITEM: 8

SUBJECT:  INFORMATION ITEM -- PROGRESS REPORT ON SAN JOAQUIN VALLEY AGRICULTURAL DRAINAGE

DISCUSSION:
Background

Problems with agricultural drainage have persisted on the west side of the San Joaquin Valley (Valley) since it was first irrigated. Problems were exacerbated when large tracts of land were brought under irrigation in the 1950’s and 1960’s with the importation of water from the Delta via the Federal and State water projects. A drainage export facility (the San Luis Drain) which was to be included in the water projects was never completed. As a result, some soils and shallow ground water on the west side have gradually built up salts due to the lack of a drainage outlet. This has led to changes in cropping patterns, more intensive irrigation management, and decreased agricultural profitability (some lands have gone out of production). The buildup of salt also creates the potential for ground water contamination and impairment of its beneficial uses. The key constituents of concern are total dissolved solids (salts), selenium, and boron.

Further problems developed when drainage water from the partially completed San Luis Drain (Drain) was ponded at Kesterson Reservoir near Gustine. Kesterson Reservoir was intended to be a regulating reservoir on the Drain prior to discharge in the Delta, but became a terminal storage facility with no outlet. Beginning in 1981, approximately 7,000 acre-feet of subsurface drainage were discharged per year to this facility until problems with wildlife were observed in 1983 and traced to selenium in the drain water. This led to the State Water Resources Control Board (SWRCB) issuing a Cleanup and Abatement Order for Kesterson and the eventual closure of both the San Luis Drain and Kesterson Reservoir.

Since the closure of both the Drain and Kesterson, numerous efforts have been undertaken to manage drainage in the Valley without export. Some of these efforts include: improved irrigation efficiency, source control, drainage water reuse, agroforestry, deep-well injection, evaporation ponds, and various treatment schemes. The interagency San Joaquin Valley Drainage Program (SJVDP) was formed in 1984 to study the drainage problems and make appropriate recommendations. The investigation was limited to the evaluation of in-valley drainage management options with a goal of permitting the present level of agricultural development in the valley to continue, while protecting and restoring fish and wildlife and their habitats. In 1990, the SJVDP presented its final report "A Management Plan for Agricultural Subsurface Drainage and Related Problems on the Westside San Joaquin Valley" (commonly known as the Rainbow Report). The report includes recommended plans for source control, drainage reuse, evaporation systems, land retirement, ground water management, discharge to the San Joaquin River, water supplies for fish and wildlife habitat, and institutional changes. These in-valley management options (excepting discharge to the San Joaquin River) are generally considered to be interim measures which cannot sustain agricultural production indefinitely.

The interagency San Joaquin Valley Drainage Implementation Program (SJVDIP), successor to the SJVDP, was formed in 1991 to implement the recommendations of the Rainbow Report. The SJVDIP has undertaken a re-evaluation of the recommended plan to address the changes that have taken place since 1990 including scientific advances, availability of new data, and institutional changes. Significant progress has been made in some areas, but full implementation has not been achieved. Approximately 1.5 million tons of salt continue to be deposited in the soils and waters of the west side of the San Joaquin Valley each year from the irrigation water. A long term solution to the drainage problem to halt the further degradation of these resources has yet to be defined.

Status of State Board Action

As a result of a lawsuit claiming failure to provide drainage service to the San Luis Unit of the Central Valley Project, the U.S. Department of Interior Bureau of Reclamation (Bureau) was ordered by the U.S. District Court, Ninth Circuit in 1995 to proceed with an application to the SWRCB for a discharge permit for the San Luis Drain. In response to a request from the Bureau for guidance on completing an application, the SWRCB adopted Resolution No. 96-029 (Attachment No. 1 ) on April 18, 1996 which resolved:

The SWRCB:

1. Directs staff to negotiate terms of reimbursement with the Bureau and/or other responsible agencies for any work done by the SWRCB, SFBRWQCB, and Central Valley Regional Water Quality Control Board (CVRWQCB) in connection with a permit application for the proposed discharge.

2. Upon the negotiation of a satisfactory reimbursement agreement, as determined by the Executive Director, directs staff to develop a workplan for processing a permit application to include a less structured permitting approach without the detailed guidance provided previously. The California Environmental Quality Act (CEQA)/National Environmental Policy Act (NEPA) process should be used to:

At the April 18, 1996 board meeting, a representative of Westlands Water District (Westlands) offered, on behalf of Westlands, to reimburse the SWRCB for costs incurred in processing a permit application. A draft Memorandum of Understanding (MOU) was prepared among the Bureau, the SWRCB, and Westlands describing the roles and responsibilities of each agency in the environmental planning process. It provided that the Bureau would be the lead agency under NEPA, and the SWRCB would be the lead agency under CEQA. Westlands would serve in an advisory capacity and pay all costs. By Resolution 96-051 (Attachment No. 2), the SWRCB authorized the Executive Director to sign a reimbursement agreement (contract) with the Bureau, Westlands, and/or other responsible agencies. The MOU has not been executed, pending the outcome of an appeal of the lawsuit before the U.S. Court of Appeals for the Ninth Circuit. A decision on the appeal has not been rendered; however, staff has been advised that the Bureau and Westlands are now prepared to sign the MOU. In a June 25, 1999 letter (Attachment 3) to the Executive Director of the SWRCB, Westlands has offered to reimburse SWRCB and RWQCB costs for preparation and circulation of requests for proposals for studies that will be needed for environmental documentation (CEQA/NEPA) and permit application.

The SWRCB has taken other actions pursuant to a discharge permit for a valley drain. In the early 1980’s when the Bureau was planning for the completion of the Drain, the SWRCB issued detailed guidance on needed studies and requirements for a National Pollutant Discharge Elimination System permit and Waste Discharge Requirements. These requirements were transmitted via SWRCB Resolution Nos. 81-56, 82-33, and
83-32. The SWRCB and Regional Water Quality Control Boards have also adopted a number of water quality policy statements and water quality control plans which would affect such a discharge, including the Pollutant Policy Document for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary (1990) and the Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary (1995). A summary of these actions was provided in an attachment to the fact sheet for SWRCB Resolution No. 96-029 (Attachment No. 1).

Progress Report

This activity has not proceeded during the pendency of the above mentioned appeal. As a result of recent actions, a progress report to the SWRCB pursuant to Resolution 96-029 is now appropriate. Since almost three years have passed without significant progress on the MOU, this workshop will provide a comprehensive review of current conditions. Staff has invited a number of regulatory and resource agencies to participate in this workshop and to brief the SWRCB on current activities and needs in their areas of responsibility. These include the SJVDIP, the University of California, Tulare Lake Drainage District, Westlands, the San Luis and Delta-Mendota Water Authority, Grasslands Water District, the Bureau, and the Central Valley Regional Water Quality Control Board. Presentations will include:

* An update on SJVDIP activities;

* Reports from the Kern/Tulare, Westlands, Grasslands (including a new Joint Powers Authority in the Westlands-Grasslands area) and Northern subareas;

* A report on San Joaquin River real time monitoring and the San Joaquin River Basin Plan amendment;

* A report on wetland discharges; and

* An update on the MOU.

Note: State Water Resources Control Board Resolution No. 96-029 and No. 96-051 and the June 25, 1999 letter from the Westlands Water District are not available electronically. For copies, contact:  Monica Torres/Division of Water Quality/SWRCB/P.O. Box 944213/Sacramento, CA 94244-2130/(916) 657-1593 or FAX (916) 657-2127