GROWER REQUIREMENTS

Tulare County Farm Bureau

Grower Enrollment Workshop Edison Energy Education Center, Tulare

March 20, 2014

Donald Ikemiya

www.kaweahbasin.org

Benjamin Franklin – “In this world nothing can be said to be certain, except …

• Death

• Taxes

• Irrigated Lands Regulatory Program”

Three Certainties

• Irrigated lands

–Nurseries, and privately and publicly-managed wetlands

–Any type of irrigation system

• Producing crops or pasture for commercial purposes

–Commercial crops that are not yet marketable (i.e. vineyards and tree crops)

Growers Who Must Comply

ILRP Exempt Growers

• Does not apply to non-irrigated rangelands or other non-irrigated lands (i.e. fallow fields)

• Does not apply to lands covered by other General Orders, such as dairies or individual discharge permits (e.g. food processors)

Who Can Join a Third-Party?

• Any landowner or operator within the boundaries of a Third-Party can join and enroll parcels

– Important that all irrigated acres be covered

– Either the landowner or the operator must enroll the irrigated parcels, but not both

Kaweah Boundaries

KBWQA Statistics:

• ~200,000 irrigated acres

• ~1,300+ growers

• The designated “Member” will be the contact person for compliance with the General Order

– The other associated entities (landowners and/or operators) can also be responsible for compliance with the General Order, but not be the contact person

Who Can Join a Third-Party?

• Third-Party facilitates regulatory compliance with the General Order for Members

–Outreach and education

–Prepare grower templates

• Nitrogen Management Plan

• Farm Evaluation

• Sediment & Erosion Control Plan

Grower Benefits of Joining

Grower Benefits of Joining

• Prepare and submit annual reports to the Water Board

• Prepare Groundwater Quality Assessment Report (GAR)

– Identify high vulnerability areas

– Determine priorities

• Prepare additional reports and studies

• Advocacy on water quality issues in various forums

• Develop and implement economical and scientifically valid water quality monitoring programs

• Develop a Management Practices Evaluation Program

Grower Benefits of Joining

1. Maintain a copy of the General Order at your place of business (digital or hard copy) and be familiar with its contents

2. Participate in member outreach events

3. Cooperate in requested assistance for groundwater quality monitoring (testing from ag wells)

4. Assistance in development of management plans for pesticide exceedances

Member Responsibilities

5. Implement best management practices that are protective of surface and groundwater quality

6. Maintain annual Third-Party membership

7. Farm Evaluation Plan

8. Nitrogen Management Plan

9. Sediment and Erosion Control Plan (if applicable)

Member Responsibilities

Member Responsibilities

• Membership applications sent out to all existing members in the former Conditional Waiver Program

– November 2013 - Kings

– February 2014 - Tule

– March 2014 - Kaweah

Enrollment Notification

Enrollment Notification

Enrollment Notification

Enrollment Notification

• Water Board has started to send a separate letter to all landowners with parcels not enrolled in the former Conditional Waiver Program

• Landowners may receive multiple letters

Enrollment Notification

Enrollment Notification

The following will be required for membership:

• Complete Membership Application, to include:

– Member contact information

– Irrigated acres

– Landowner contact information

– APNs to be enrolled

• Pay an annual membership fee and acreage fee

Next Steps

Parcel Third-Party enrollment deadlines

• Kings River Water Quality Coalition

– By May 19, 2014

• Tule Basin Water Quality Coalition

– By August 3, 2014

• Kaweah Basin Water Quality Association

– By August 6, 2014

Next Steps

Tule, Kaweah & Kings Tables are set up to:

• Answer questions pertaining to your parcels and property

• Answer questions about existing and new membership

• Answer questions about your applications

• Accept completed applications and payments

Sign-up Stations

Common Grower Questions

• Is joining a Third-Party Group mandatory?

– No - joining is voluntary, but compliance with the General Order is mandatory

Common Grower Questions

• Do I report APN acres or irrigated acres?

– Report irrigated acres within each parcel

– Not your house, shed, roads, etc.

Common Grower Questions

Common Grower Questions

60 acres

- 5 acres

55 acres

• Is the Third-Party a branch of the Water Board?

– No - just like your accountant is not a branch of the IRS

– Third-Party Groups/Coalitions represent growers (like a co-op)

Common Grower Questions

• Can I join any Third-Party?

– No – Your parcel must be within the geographic boundary of the Third-Party

– You could have multiple parcels, each belonging to a different Third-Party

Common Grower Questions

• What are my options if I don’t join a Third-Party? 1. Can obtain coverage under the General

Waste Discharge Requirements for individual growers

2. Can obtain an Individual Permit

3. Not join or obtain individual coverage; subject to $1,000/day fines

Common Grower Questions

• Why are the per acre fees different between the Third-Parties?

– Each Third-Party is unique

Common Grower Questions

• Kaweah:

– Budget based on detailed cost analysis of General Order

– Significant costs for surface water program (12+ sites)

– Less acreage to spread costs (200,000 acres)

– Different coverage period (January to December) and billing cycles (September)

– Projected 85% sign-ups

– Kaweah Board did not want to come back twice in the same year for more fees

– Left over funds, carry-over to the next year

Common Grower Questions

• Which Third-Party is my land in?

– Check your parcel at the sign-up stations

– Borderline parcels are tricky

– We have found some errors

Common Grower Questions

• Will my data be kept confidential?

– Yes somewhat – water quality data reported to the Water Board on a Township basis (36 sq miles)

– Unclear on future reporting

Common Grower Questions

• I just paid for two Third-Parties on the same parcel, now what?

– Ask for a refund or a returned check from the incorrect Third-Party

Common Grower Questions

• I’m in the process of purchasing additional farmland, what do I do?

– Notify the Water Board & Third-Party

– Make sure the parcel is covered in the program for the coverage period, if not then sign it up

Common Grower Questions

• I received an invoice/notice for land I sold, now what?

– Notify the Third-Party

– Provide the Third-Party contact information

– Forward documents to the new owner

Common Grower Questions

• Is this a tax or program on groundwater pumping?

– No: Water Quality, not Supply

Common Grower Questions

All growers must take action by either joining a Third-Party or contact the Water Board to apply for Individual coverage

Third-Party members will receive notices regarding technical issues, reporting obligations & deadlines, and upcoming outreach events in Fall 2014

Reporting obligations begin March 1, 2015 depending on farm size and vulnerability status

Growers will be notified each year to renew membership and add or remove parcels

Grower Key Points

Questions?

Kaweah Basin Water Quality Association P.O. Box 2840 Visalia, CA 93279

Tel: (559) 302-1620 Fax: (559) 636-1177 E-mail: admin@kaweahbasin.org Website: www.kaweahbasin.org

Tule Basin Water Quality Coalition 2904 W. Main Street Visalia, CA 93291

Tel: (559) 627-2948 E mail: info@tbwqc.com Website: www.tbwqc.com

Kings River Water Quality Coalition P.O. Box 8259 Fresno, CA 93747

Tel: (559) 365-7958 E-mail: info@kingsriverwqc.org Website: www.kingsriverwqc.org