State Water Resources Control Board s18

STATE WATER RESOURCES CONTROL BOARD BOARD MEETING MINUTES January 22, 2003

Note: Copies of the orders, decisions, and resolutions mentioned in these minutes can be obtained from Maureen Marché, State Water Resources Control Board, Post Office Box 100, Sacramento, California, 95812- 0100; or call (916) 341-5600.

CALL TO ORDER The meeting was called to order by Arthur G. Baggett, Jr., Chair, Wednesday, January 22, 2003, at 9:09 a.m., in the Coastal Hearing Room, 1001 I Street, Sacramento, California.

BOARD MEMBERS PRESENT Arthur G. Baggett, Jr., Peter S. Silva, Richard Katz and Gary Carlton.

BOARD MEMBERS ABSENT None

STAFF PRESENT Celeste Cantú, Harry Schueller, Thomas Howard, Craig M. Wilson, Maureen Marché and Barbara Leidigh.

OTHERS PRESENT Tim Cremins, Operating Engineers; David L. Hamilton, Advisory Committee, IUOE Local 50; Kristen Castanos, City of Stockton; Dan Suyeyasu, Dagny Grant and Jason Miller, Ellison, Schneider & Harris.

PRESENTATION OF CUSTOMER SERVICE AWARDS Customer Service Awards awards were presented to Debbie Matulis and Michael Lauffer, Office of Chief Counsel.

The Superior Accomplishment Award was presented to the IID Hearing Team of Andy Fecko, Gita Kapahi, Dana Differding, Meri Schmidgdall and Tom Peltier (not available).

PUBLIC FORUM No one addressed the Board.

MINUTES The Board unanimously approved the minutes of the November 19, December 2 and December 20, 2002 Board Meetings.

UNCONTESTED ITEMS Item #3 was removed from consideration and rescheduled for February 4, 2003 Board Meeting.

Items 2, 4-8 and 10 were unanimously adopted as recommended by staff. Items 1 and 9 were adopted: Board Member Carlton did not participate in these matters.

WATER QUALITY PETITION 1. In the Matter of the Petition of City of Stockton for Review of Waste Discharge Requirements Order No. R5-2002-0083 and Cease and Desist Order No. R5-2002-0084 for Stockton Regional Wastewater Control Facility, Issued by the California Regional Water Quality Control Board, Central Valley Region (Regional Board). SWRCB/OCC File A-1483 (Note: Board Member Carlton will not be participating in this matter.)

Motion: The Board adopted the proposed order. WQ Order 2002-0018 REGULATIONS 2. Consideration of a Resolution to Amend Regulations Governing Review By State Board Of Action Or Failure To Act By Regional Board.

Motion: The Board unanimously adopted the proposed resolution. Resolution No. 2003-0001

FINANCIAL ASSISTANCE 3. Consideration of a Resolution Finding a Condition of Emergency and Adopting an Emergency Regulation Setting Fees for the Wastewater Treatment Plant Classification and Operator Certification Program.

Item #3 was not considered and rescheduled to the February 4, 2003 Board Meeting.

4. Consideration of Adoption of an Amendment to the Policy for Implementing the State Revolving Fund Construction of Wastewater Treatment Facilities.

Motion: The Board unanimously adopted the proposed resolution approving the amendment. Resolution No. 2003 - 0002

5. Consideration of Appointment of Clean Beaches Task Force Members to Review Projects for the Clean Beaches Program Created by Assembly Bill 2534.

Motion: The Board unanimously adopted the proposed resolution. Resolution No. 2003 - 0003

6. Consideration of a Resolution Authorizing Issuance of an $1,800,000 Loan Contract and Amendments from the Agricultural Drainage Loan Program to the Panoche Drainage District for the Irrigation System Improvement Project.

7. Consideration of a Resolution Authorizing Issuance of a State Revolving Fund Loan Contract and Amendments for up to $4,592,610 to the Marin Audubon Society for the Bahia Acquisition Project.

Motion: The Board unanimously adopted the proposed resolution approving the loan. Resolution No. 2003 - 0005

WATER QUALITY 8. Consideration of a Resolution Approving an Amendment to the Water Quality Control Plan for the Lahontan Region to Establish a Total Maximum Daily Load for Phosphorus for the Indian Creek Reservoir, Alpine County, California.

9. Consideration of Approval of an Amendment to the Water Quality Control Plan for Sacramento River and San Joaquin River Basins to Incorporate Site-Specific Objectives for pH and Turbidity for Deer Creek. (Note: Board Member Carlton will not be participating in this matter.)

2 ADMINISTRATION 10. Consideration of a Proposed Resolution Authorizing the Executive Director or Designee to Apply for, Accept, Amend, Execute or Terminate Federal Assistance Agreements, Interagency Agreements or Contracts Involving up to $500,000. in Federal Funds or up to Three (3) Years in Duration, Whichever is More Limiting, With the U.S. Environmental Protection Agency, the U.S. Department of Energy and Other Federal Entities.

WATER RIGHTS 11. Consideration of a Proposed Order Reconsidering and Affirming WR Order 2002-0010-DWR, Which Denied a Temporary Change in Place of Use and Purpose of Use (Water Code Sections 1707 and 1725- 1732) of Claimed Pre-1914 Water Right (Statement #S015151) to Waters of the North Fork Tule River.

Barbara Leidigh, Office of Chief Counsel, presented the item recommending approval of the proposed order and addressed one comment received requesting deletion of section 4 of the order, last sentence, page 5.

Mssrs. Suyeyasu and Miller addressed the Board.

The Board directed the last sentence be stricken from page 5, section 4.

To avoid abandoning a pre-1914 water right when transferring it to instream use, if the water right holder does not take the water under physical control by some means, a pre-1914 water right holder must obtain approval of the transfer under Water Code section 1707. (See Fullerton v. SWRCB (1979) 90 Cal.App.3d 590 [153 Cal.Rptr.518].)

Motion: The Board unanimously adopted the proposed order as revised. WQ Order 2003-0001

ADJOURNMENT The Chairman adjourned the meeting at 9:30 a.m.