California State Water Resources Control Board
Encyclopedia
The California State Water Resources Control Board (SWRCB) is one of five branches of the California Environmental Protection Agency
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California’s pioneering clean water act is the 1969 Porter-Cologne Water Quality Control Act (Porter-Cologne Act). Through the Porter-Cologne Act, the State Water Board and the Regional Water Boards have been entrusted with broad duties and powers to preserve and enhance all beneficial uses of the state’s immensely complex waterscape. The Porter-Cologne Act is recognized as one of the nation’s strongest pieces of anti-pollution legislation, and was so influential that Congressional authors used sections of the Act as the basis for the Federal Clean Water Act.
The State Water Board oversees the allocation of the state’s water resources to various entities and for diverse uses, from agricultural irrigation to hydro electrical power generation to municipal water supplies, and for safeguarding the cleanliness and purity of Californians’ water for everything from bubble baths to trout streams to ocean beaches.
The State Water Board is separate from and has different responsibilities than the Department of Water Resources (DWR), which manages state-owned water infrastructure, such as dams, reservoirs and aqueduct. DWR, like any other water user, must apply for water rights permits from the State Water Board.
Under the Federal Clean Water Act and the state’s pioneering Porter-Cologne Water Quality Control Act the State Water Board has regulatory authority for protecting the water quality of nearly 1600000 acres (6,475 km²) of lakes, 1300000 acres (5,260.9 km²) of bays and estuaries, 211000 miles (339,570.7 km) of rivers and streams, and about 1100 miles (1,770.3 km) of exquisite California coastline.
The State Water Board also provides financial assistance to local governments and non-profit agencies to help build or rejuvenate wastewater treatment plants, and protect, restore and monitor water quality, wetlands, and estuaries. It also administers a fund to help underground storage tank owners and operators pay for the costs of cleaning up leaking underground storage tanks.
The State Water Board coordinates the state’s nine Regional Water Quality Control Boards (Regional Water Boards), which serve as the frontline for state and federal water pollution control efforts. Together, the State Water Board and the nine Regional Water Boards are referred to as the California Water Boards.
. The Division focuses on monitoring and regulating storm water discharges and wastewater (sewage) treatment. It also monitors surface water quality, oversees protection of wetlands and the ocean, is active in environmental education and environmental justice issues, identifies and oversees clean-up of contaminated sites, and promotes low-impact development (LID).
California recognizes several different types of rights to take and use surface water. Some water rights can only be held by government. These include pueblo rights, which can only be held by municipalities that were originally Mexican or Spanish pueblos, and federal reserved rights, which can only be held by the federal government.
reasonable inference; and (4) Groundwater must be flowing in the channel.
In most areas of the state, landowners whose property overlies percolating groundwater may pump it for beneficial use without approval from the State Water Board or a court. In several basins, however, groundwater use is regulated in accordance with court decrees. Further in Ventura, Los Angeles, San Bernardino, and Riverside counties, groundwater pumpers are required to report their groundwater extraction amounts to either the State Water Board or a local groundwater management agency.
Enforcement serves many purposes. First and foremost, it assists in protecting the beneficial uses of waters of the State. Swift and firm enforcement can prevent pollution from occurring and can promote prompt cleanup and correction of existing pollution problems. Enforcement ensures compliance with requirements in State Water Board and Regional Water Board regulations, plans, policies, and orders. Enforcement not only protects the public health and the environment, but also creates an "even playing field," ensuring that dischargers who comply with the law are not placed at a competitive disadvantage by those who do not. It also deters potential violators and, thus, further protects the environment. Monetary remedies provide a measure of compensation for the damage that pollution causes to the environment and ensure that polluters do not gain an economic advantage from violations of water quality laws.
The State Water Board is currently revising its water quality enforcement policy with the goal of creating an enforcement system that addresses water quality problems in the most efficient, effective, and consistent manner.
control projects. (Nonpoint source pollution usually involves contaminants flowing into a body of water from diffuse sources such as runoff from storm water, which may contain road dirt or fertilizers and pesticides from lawns, as well as water that collects debris from construction sites and fecal matter from barnyards and flows into nearby rivers, streams and lakes.)
The DFA has allocated about 4 billion dollars for the construction of sewage treatment plants in communities throughout the state through the Clean Water State Revolving Fund (SRF) program. Also, a billion and a half dollars in bond funds have gone to communities for water quality protection, including water quality planning, treatment of storm water and clean beaches since 2000.
DFA also administers the American Recovery and Reinvestment Act (ARRI) funds through the State Revolving Fund. The money awarded is in the form of grants and ultra-low interest zero and one-percent loans for projects that include wastewater treatment plant construction, upgrade and infrastructure improvements as well as “green” projects such as wastewater recycling. Under the 2009 stimulus program, the State Water Board handled $270.5 million in addition to more than $300 million normally loaned by the SRF each year.
Current members are Charles Hoppin, Frances Spivy-Weber, Arthur Baggett, Jr. and Tam Doduc. There is one vacancy. Charles Hoppin (Yuba City), is the current Board Chair; he also serves as water quality expert. He is a partner in a family-operated farming operation in Yolo and Sutter counties. He serves on the California State University Advisory Committee, and on the Board of Directors of Farmers Rice Cooperative. Frances Spivy-Weber (Redondo Beach), serves as Board Vice-Chair and public member. She served as the executive director of the Mono Lake Committee since 1997 until her appointment to the Board. From 1983 to 1992, Spivy-Weber served as the director of international programs for the National Audubon Society. Tam Doduc is civil engineer on the Board. Before appointment to the State Water Board, she served as Deputy Secretary at Cal/EPA, where she directed environmental justice and external scientific peer review activities. She is a licensed civil engineer.
Art Baggett (El Portal), is the Board attorney member with water rights experience. He is a co-founder of the Merced Canyon Committee, which advocated for protection of the upper Merced River and its tributaries under the Federal Wild and Scenic River Act. Tom Howard is the executive director of the State Water Board. Prior to is appointment, Howard had been with the Water Board, in a variety of increasingly responsible positions, from 1984 to mid-2010. Until July 2010 he served as Chief Deputy Director. He is a registered Professional Chemical Engineer and holds a B.A. from UC Berkeley and Masters Degrees from both Cal Tech and UC Davis.
In adopting the Dickey Act the Legislature was acknowledging that California's water pollution problems are regional, and are affected by rain and snowfall, the configuration of the land, and population density, as well as recreational, agricultural, urban and industrial development, all of which vary from region to region.
The Regional Water Boards develop basin plans for their natural geographic characteristics that affect the overland flow of water in their area, govern requirements for and issue waste discharge permits, take enforcement action against dischargers who violate permits or otherwise harm water quality in surface waters, and monitor water quality.
The Regional Water Boards are unusual in this state because their boundaries follow natural mountain chains and ridges that define watersheds rather than political boundaries.
The 9 Regional Water Quality Control Boards are the:
The Water Boards released a first-of-its-kind Performance Report in 2009 describing the performance of the State and Regional Water Boards in protecting California's waters through implementation of existing water quality and water rights laws. Along with the Performance Report, the Water Boards led the State's Water Quality Monitoring Council's effort to launch a coordinated, statewide web portal that communicates the actual quality of California’s waters. These tools are being continuously improved and will soon describe actual targets for environmental improvement over the coming years.
California Environmental Protection Agency
The California Environmental Protection Agency is a state cabinet-level agency within the government of California. Cal/EPA is composed of six departments, boards and offices responsible for environmental research, regulating and administering the state's environmental protection programs, and...
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History
This regulatory program has had the status of an official government department since the 1950s. The State Water Pollution Control Board as well as 9 regional boards were established by the Dickey Water Pollution Act of 1947. The board was renamed to the State Water Quality Control Board by an Act of 1963. The State Water Resources Control Board was established from the State Water Quality Control Board and the State Water Rights Board by an Act of 1967.California’s pioneering clean water act is the 1969 Porter-Cologne Water Quality Control Act (Porter-Cologne Act). Through the Porter-Cologne Act, the State Water Board and the Regional Water Boards have been entrusted with broad duties and powers to preserve and enhance all beneficial uses of the state’s immensely complex waterscape. The Porter-Cologne Act is recognized as one of the nation’s strongest pieces of anti-pollution legislation, and was so influential that Congressional authors used sections of the Act as the basis for the Federal Clean Water Act.
Mission
The late SWRCB chairman, Don Maughan, wrote:
"The State Water Board has never had the luxury of advocating protection of just one water need, such as the environment or agriculture or that of large cities. Our charge is to balance all water needs of the state. Some call it a superhuman task, but through the years this Board, aided by its excellent staff, has done what I call a superhuman job of accomplishing that mandate despite the intensive historical, political, and economic pressures that always accompany California water issues."
The State Water Board oversees the allocation of the state’s water resources to various entities and for diverse uses, from agricultural irrigation to hydro electrical power generation to municipal water supplies, and for safeguarding the cleanliness and purity of Californians’ water for everything from bubble baths to trout streams to ocean beaches.
The State Water Board is separate from and has different responsibilities than the Department of Water Resources (DWR), which manages state-owned water infrastructure, such as dams, reservoirs and aqueduct. DWR, like any other water user, must apply for water rights permits from the State Water Board.
Under the Federal Clean Water Act and the state’s pioneering Porter-Cologne Water Quality Control Act the State Water Board has regulatory authority for protecting the water quality of nearly 1600000 acres (6,475 km²) of lakes, 1300000 acres (5,260.9 km²) of bays and estuaries, 211000 miles (339,570.7 km) of rivers and streams, and about 1100 miles (1,770.3 km) of exquisite California coastline.
The State Water Board also provides financial assistance to local governments and non-profit agencies to help build or rejuvenate wastewater treatment plants, and protect, restore and monitor water quality, wetlands, and estuaries. It also administers a fund to help underground storage tank owners and operators pay for the costs of cleaning up leaking underground storage tanks.
The State Water Board coordinates the state’s nine Regional Water Quality Control Boards (Regional Water Boards), which serve as the frontline for state and federal water pollution control efforts. Together, the State Water Board and the nine Regional Water Boards are referred to as the California Water Boards.
Water Quality
The Water Quality Division of the State Water Board develops statewide water protection plans and establishes water quality standards like the California Bays and Estuaries PolicyCalifornia Bays and Estuaries Policy
The Water Quality Control Policy for the Enclosed Bays and Estuaries of California is published by the California State Water Resources Control Board as guidelines to prevent water quality degradation. The policy is revised as needed.-Geography:...
. The Division focuses on monitoring and regulating storm water discharges and wastewater (sewage) treatment. It also monitors surface water quality, oversees protection of wetlands and the ocean, is active in environmental education and environmental justice issues, identifies and oversees clean-up of contaminated sites, and promotes low-impact development (LID).
Water Rights
The Water Rights Division of the State Water Board allocates surface water rights based on the state's extremely complex system of water rights laws, and assists Board members in exercising the Board’s judicial power in water rights disputes. The State Water Board is solely responsible for issuing permits for water rights, specifying amounts, conditions, and construction timetables for diversion and storage. Decisions about water rights are based on such factors as water availability, historical water rights, and flows needed to preserve in-stream uses, such as recreation and fish habitat.California recognizes several different types of rights to take and use surface water. Some water rights can only be held by government. These include pueblo rights, which can only be held by municipalities that were originally Mexican or Spanish pueblos, and federal reserved rights, which can only be held by the federal government.
Groundwater
California categorizes groundwater as either a subterranean stream flowing through a known and definite channel or percolating groundwater. Groundwater that is a subterranean stream is subject to the same water right permitting requirements as surface water. California has no statewide water right permit process for regulating the use of percolating groundwater. A subterranean stream meets the following four characteristics: (1) A subsurface channel must be present; (2) The channel must have relatively impermeable bed and banks; (3) The course of the channel must be known or capable of being determined byreasonable inference; and (4) Groundwater must be flowing in the channel.
In most areas of the state, landowners whose property overlies percolating groundwater may pump it for beneficial use without approval from the State Water Board or a court. In several basins, however, groundwater use is regulated in accordance with court decrees. Further in Ventura, Los Angeles, San Bernardino, and Riverside counties, groundwater pumpers are required to report their groundwater extraction amounts to either the State Water Board or a local groundwater management agency.
Laws and Regulations
The State Water Board and the Regional Water Boards are responsible for swift and fair enforcement when the laws and regulations protecting California's waterways are violated. The State Water Board's Office of Enforcement assists and coordinates enforcement activities statewide.Enforcement serves many purposes. First and foremost, it assists in protecting the beneficial uses of waters of the State. Swift and firm enforcement can prevent pollution from occurring and can promote prompt cleanup and correction of existing pollution problems. Enforcement ensures compliance with requirements in State Water Board and Regional Water Board regulations, plans, policies, and orders. Enforcement not only protects the public health and the environment, but also creates an "even playing field," ensuring that dischargers who comply with the law are not placed at a competitive disadvantage by those who do not. It also deters potential violators and, thus, further protects the environment. Monetary remedies provide a measure of compensation for the damage that pollution causes to the environment and ensure that polluters do not gain an economic advantage from violations of water quality laws.
The State Water Board is currently revising its water quality enforcement policy with the goal of creating an enforcement system that addresses water quality problems in the most efficient, effective, and consistent manner.
Financial Assistance
The State Water Board’s Division of Financial Assistance (DFA) has a number of programs designed to help local agencies and individuals prevent or clean up water pollution. The DFA provides loans and grants for constructing municipal sewage and water recycling facilities, remediation for underground storage tank releases, watershed protection projects, and for nonpoint source pollutionNonpoint source pollution
Nonpoint source pollution refers to both water and air pollution from diffuse sources. Nonpoint source water pollution affects a water body from sources such as polluted runoff from agricultural areas draining into a river, or wind-borne debris blowing out to sea. Nonpoint source air pollution...
control projects. (Nonpoint source pollution usually involves contaminants flowing into a body of water from diffuse sources such as runoff from storm water, which may contain road dirt or fertilizers and pesticides from lawns, as well as water that collects debris from construction sites and fecal matter from barnyards and flows into nearby rivers, streams and lakes.)
The DFA has allocated about 4 billion dollars for the construction of sewage treatment plants in communities throughout the state through the Clean Water State Revolving Fund (SRF) program. Also, a billion and a half dollars in bond funds have gone to communities for water quality protection, including water quality planning, treatment of storm water and clean beaches since 2000.
DFA also administers the American Recovery and Reinvestment Act (ARRI) funds through the State Revolving Fund. The money awarded is in the form of grants and ultra-low interest zero and one-percent loans for projects that include wastewater treatment plant construction, upgrade and infrastructure improvements as well as “green” projects such as wastewater recycling. Under the 2009 stimulus program, the State Water Board handled $270.5 million in addition to more than $300 million normally loaned by the SRF each year.
Membership
State Water Board members are appointed to four-year terms by the governor and are confirmed by the State Senate. Each salaried member fills a different specialty position. Positions include civil engineer, professional engineer, water quality expert, attorney member/water rights expert and public member.Current members are Charles Hoppin, Frances Spivy-Weber, Arthur Baggett, Jr. and Tam Doduc. There is one vacancy. Charles Hoppin (Yuba City), is the current Board Chair; he also serves as water quality expert. He is a partner in a family-operated farming operation in Yolo and Sutter counties. He serves on the California State University Advisory Committee, and on the Board of Directors of Farmers Rice Cooperative. Frances Spivy-Weber (Redondo Beach), serves as Board Vice-Chair and public member. She served as the executive director of the Mono Lake Committee since 1997 until her appointment to the Board. From 1983 to 1992, Spivy-Weber served as the director of international programs for the National Audubon Society. Tam Doduc is civil engineer on the Board. Before appointment to the State Water Board, she served as Deputy Secretary at Cal/EPA, where she directed environmental justice and external scientific peer review activities. She is a licensed civil engineer.
Art Baggett (El Portal), is the Board attorney member with water rights experience. He is a co-founder of the Merced Canyon Committee, which advocated for protection of the upper Merced River and its tributaries under the Federal Wild and Scenic River Act. Tom Howard is the executive director of the State Water Board. Prior to is appointment, Howard had been with the Water Board, in a variety of increasingly responsible positions, from 1984 to mid-2010. Until July 2010 he served as Chief Deputy Director. He is a registered Professional Chemical Engineer and holds a B.A. from UC Berkeley and Masters Degrees from both Cal Tech and UC Davis.
Regional Water Quality Control Boards
The nine semi-autonomous Regional Water Boards were created in 1949 by the Dickey Water Pollution Act and have been responsible for protecting the surface, ground and coastal waters of their regions since then.In adopting the Dickey Act the Legislature was acknowledging that California's water pollution problems are regional, and are affected by rain and snowfall, the configuration of the land, and population density, as well as recreational, agricultural, urban and industrial development, all of which vary from region to region.
The Regional Water Boards develop basin plans for their natural geographic characteristics that affect the overland flow of water in their area, govern requirements for and issue waste discharge permits, take enforcement action against dischargers who violate permits or otherwise harm water quality in surface waters, and monitor water quality.
The Regional Water Boards are unusual in this state because their boundaries follow natural mountain chains and ridges that define watersheds rather than political boundaries.
The 9 Regional Water Quality Control Boards are the:
- North Coast RWQCB - rivers draining to the Pacific OceanPacific OceanThe Pacific Ocean is the largest of the Earth's oceanic divisions. It extends from the Arctic in the north to the Southern Ocean in the south, bounded by Asia and Australia in the west, and the Americas in the east.At 165.2 million square kilometres in area, this largest division of the World...
between the OregonOregonOregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
border and Tomales BayTomales BayTomales Bay is a long narrow inlet of the Pacific Ocean in Marin County in northern California in the United States. It is approximately 15 miles long and averages nearly 1.0 miles wide, effectively separating the Point Reyes Peninsula from the mainland of Marin County. It is located... - San Francisco Bay RWQCB - rivers draining to San Francisco BaySan Francisco BaySan Francisco Bay is a shallow, productive estuary through which water draining from approximately forty percent of California, flowing in the Sacramento and San Joaquin rivers from the Sierra Nevada mountains, enters the Pacific Ocean...
(except the Sacramento and San Joaquin Rivers) and to the Pacific Ocean from Tomales Bay south to Pescadero CreekPescadero CreekPescadero Creek is a major stream in Santa Cruz and San Mateo counties in California. At , it is the longest stream in San Mateo County and flows all year from springs in the Santa Cruz Mountains...
. - Central Coast RWQCB - rivers draining to the Pacific Ocean from Pescadero Point south through Santa Barbara CountySanta Barbara County, CaliforniaSanta Barbara County is a county located in the southern portion of the U.S. state of California, on the Pacific coast. As of 2010 the county had a population of 423,895. The county seat is Santa Barbara and the largest city is Santa Maria.-History:...
. - Los Angeles RWQCB - rivers draining to the Pacific Ocean in VenturaVentura County, CaliforniaVentura County is a county in the southern part of the U.S. state of California. It is located on California's Pacific coast. It is often referred to as the Gold Coast, and has a reputation of being one of the safest populated places and one of the most affluent places in the country...
and Los Angeles Counties. - Central Valley RWQCB - the SacramentoSacramento RiverThe Sacramento River is an important watercourse of Northern and Central California in the United States. The largest river in California, it rises on the eastern slopes of the Klamath Mountains, and after a journey south of over , empties into Suisun Bay, an arm of the San Francisco Bay, and...
and San Joaquin RiverSan Joaquin RiverThe San Joaquin River is the largest river of Central California in the United States. At over long, the river starts in the high Sierra Nevada, and flows through a rich agricultural region known as the San Joaquin Valley before reaching Suisun Bay, San Francisco Bay, and the Pacific Ocean...
s and their tributaries. - Lahontan RWQCB - rivers draining into the Great BasinGreat BasinThe Great Basin is the largest area of contiguous endorheic watersheds in North America and is noted for its arid conditions and Basin and Range topography that varies from the North American low point at Badwater Basin to the highest point of the contiguous United States, less than away at the...
. - Colorado River Basin RWQCB - the Colorado RiverColorado RiverThe Colorado River , is a river in the Southwestern United States and northwestern Mexico, approximately long, draining a part of the arid regions on the western slope of the Rocky Mountains. The watershed of the Colorado River covers in parts of seven U.S. states and two Mexican states...
and tributaries. - Santa Ana RWQCB - rivers draining to the Pacific Ocean from Huntington BeachHuntington Beach, CaliforniaHuntington Beach is a seaside city in Orange County in Southern California. According to the 2010 census, the city population was 189,992; making it the largest beach city in Orange County in terms of population...
south to Newport BeachNewport Beach, CaliforniaNewport Beach, incorporated in 1906, is a city in Orange County, California, south of downtown Santa Ana. The population was 85,186 at the 2010 census.The city's median family income and property values consistently place high in national rankings...
. - San Diego RWQCB - rivers draining to the Pacific Ocean from Laguna BeachLaguna Beach, CaliforniaLaguna Beach is a seaside resort city and artist community located in southern Orange County, California, United States, approximately southwest of the county seat of Santa Ana...
south to the border with MexicoMexicoThe United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
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Performance reports
- Performance report
- My water quality
The Water Boards released a first-of-its-kind Performance Report in 2009 describing the performance of the State and Regional Water Boards in protecting California's waters through implementation of existing water quality and water rights laws. Along with the Performance Report, the Water Boards led the State's Water Quality Monitoring Council's effort to launch a coordinated, statewide web portal that communicates the actual quality of California’s waters. These tools are being continuously improved and will soon describe actual targets for environmental improvement over the coming years.
See also
- CAL EPA
- California Department of Water ResourcesCalifornia Department of Water ResourcesThe California Department of Water Resources , is a department within the California Natural Resources Agency. The Department of Water Resources is responsible for the State of California's management and regulation of water usage...
- Native American Rights
- Southern California Coastal Water Research ProjectSouthern California Coastal Water Research ProjectThe Southern California Coastal Water Research Project is a research institute focusing on the coastal ecosystems of Southern California from watersheds to the ocean. SCCWRP was created as a joint powers authority , which is an agency formed when multiple government agencies have a common mission...
- U.S. Bureau of Land Management
- United States Bureau of ReclamationUnited States Bureau of ReclamationThe United States Bureau of Reclamation , and formerly the United States Reclamation Service , is an agency under the U.S...
Further Reading
- California Department of Water Resources: http://www.water.ca.gov/
- California Dept. of Public Health: http://www.cdph.ca.gov/programs/Pages/DWP.aspx
- California Water Quality Data Base: http://www.waterboards.ca.gov/resources/data_databases/
- California Water Code: http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=wat&codebody=&hits=20
- Native American Rights: http://www.westgov.org/wga/initiatives/iwr/index.htm
- Non-fiction - Cadillac Desert by Marc Reisner: http://www.amazon.com/Cadillac-Desert-American-Disappearing-Revised/dp/0140178244
- GAMA – Groundwater Ambient Monitoring & Assessment Program-Geotracker: http://www.swrcb.ca.gov/gama/geotracker_gama.shtml
- State Water Resources Board: http://www.waterboards.ca.gov/
- State Water Resources Board Water Rights Site: http://www.waterboards.ca.gov/waterrights/
- U.S. Bureau of Land Management: http://www.blm.gov/nstc/WaterLaws/california.html
- United States Bureau of Reclamation: http://www.usbr.gov/native/naao/water/index.html