WEEKLY WATER NEWS DIGEST for Jun 23-28: A legal battle could determine fate of groundwater regulation in rural San Joaquin Valley; Stanford study shows where – and why – recharge is uplifting sunken ground; Group sues U.S. Forest Service over Arrowhead bottled water operation; Lake Oroville is not as big as everyone thought; and more …

A wrap-up of posts published on Maven’s Notebook this week …

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In California water news this week …

A legal battle could determine fate of groundwater regulation in rural San Joaquin Valley

Hanford, Kings County
Cornfield outside of Hanford. Photo by David

“In May, the Kings County Farm Bureau sued the California State Water Resources Control Board, arguing the agency’s decision to place the region on groundwater probation was unconstitutional.  The State Water Board handed down the probationary order after a marathon April 16 hearing in which growers revolted against the agency, complaining pumping fees attached to the probation could spell disaster – especially for smaller farms. Under probation, growers will have to pay fees based on the number of wells owned and the volume of water pumped.  “The stakes are high, extremely high,” Dusty Ference, who leads the farm bureau, told KVPR.  The conflict is playing out under the Sustainable Groundwater Management Act, also known as SGMA, which was enacted a decade ago in 2014. The Tulare Lake subbasin, which covers almost the entirety of Kings County, was the first to be placed on probation under the law. … ”  Read more from Valley Public Radio.

Chaos continues to reign among Kings County water agencies following state action

“It’s been two and a half months since the state brought the hammer down on water managers in Kings County for lacking an adequate plan to stem overpumping in the region and the situation is, in a word – chaotic.  One groundwater sustainability agency (GSA) has imploded, leaving the county to potentially pick up the pieces. Another doesn’t have enough money in the bank to pay its newly hired manager.  One GSA has repeatedly canceled meetings, others appear to be crafting their own plans and one is banking on being exempted as a “good actor,” despite the state’s repeated insistence that there will be no such exemptions in San Joaquin Valley basins now under scrutiny.  Oh, and the Farm Bureau is suing the state Water Resources Control Board over its vote April 16 to put the region, the Tulare Lake subbasin, into probation – the first step toward a possible state pumping takeover. … ”  Read more from SJV Water.

SGMA subbasin round up

Geoff Vanden Heuvel, Director of Regulatory and Economic Affairs at the Milk Producers Council, writes, “The implementation of the Sustainable Groundwater Management Act (SGMA) is a very local endeavor. Of course, the State plays a role, but the actions and decisions about what the policies and rules are for each individual area are determined by local Groundwater Sustainability Agencies (GSA) for their jurisdictions. Over 90% of California milk production occurs in the San Joaquin Valley and I try to keep up with all the SGMA developments in that area. What follows is an overview of SGMA progress starting in the south and moving northward. … ”  Update covers Kern, Tule, Kaweah, Tulare Lake, Delta-Mendota, Kings, Madera, Chowchilla, Merced, Turlock, Modesto, and Easter San Joaquin subbasins.  Read more from the Milk Producers Council.

Stanford study shows where – and why – recharge is uplifting sunken ground

Map shows the pressure pulse from the river-sourced recharge moving from near the mountain front, into the Valley. It appears as uplift in the InSAR data. The color shows the month of the peak uplift. This was seen in the winters of 2017 and 2019; shown here are the data from 2017. COURTESY: Stanford University

“New research reveals why some rivers in the San Joaquin Valley are causing the ground to uplift when others aren’t. The answer lies beneath the ground’s surface.  A new study from scientists at Stanford University combines satellite data with airborne electromagnetic (AEM) flight data to see exactly what’s happening with recharged water from the Sierra Nevadas.  The satellite process, called interferometric synthetic aperture radar (InSAR,) bounces signals onto the ground which can read over time where ground has uplifted due to groundwater recharge. The data, from the wet year of 2017, shows water traveling through the valley underground uplifting the surface as it moves.  But other areas didn’t see the same effect. … ”  Read more from SJV Water.

PPIC: Policy brief: Drought and groundwater sustainability in California’s farming regions

“As the Sustainable Groundwater Management Act (SGMA) approaches its tenth anniversary, California is making progress towards implementation—but the 2020–22 drought shows that much work still lies ahead.  Drought poses a particular challenge for SGMA compliance in many farming regions. Increased groundwater use keeps crops irrigated when surface water is scarce, but it can cause undesirable impacts such as dry wells, infrastructure damage from land subsidence (sinking lands), and increased rates of seawater intrusion. While SGMA allows some flexibility for extra groundwater pumping during droughts, it also requires local agencies to guard against these undesirable impacts. … ”  Read more from the PPIC.

California lawmakers reject proposal to curb well-drilling where nearby wells could run dry

“Over the past several years, California’s water managers have seen a pattern emerge in farming areas of the Central Valley: Even as declining groundwater levels have left thousands of residents with dry wells and caused the ground to sink, counties have continued granting permits for agricultural landowners to drill new wells and pump even more water.  A bill that was sponsored by the California Department of Water Resources sought to address these problems by prohibiting new high-capacity wells within a quarter-mile of a drinking water well or in areas where the land has been sinking because of overpumping.  Despite support from Gov. Gavin Newsom’s administration, the measure was narrowly rejected in the Senate last week after encountering opposition from the agriculture industry, business groups, local governments and water agencies. … ”  Read more from the LA Times.

California environmental group sues U.S. Forest Service over Arrowhead bottled water operation

“A Southern California environmental group is suing the U.S. Forest Service for allowing bottled water company BlueTriton Brands to pipe water out of the San Bernardino National Forest.  The nonprofit group Save Our Forest Assn. filed the lawsuit in federal court, arguing the Forest Service violated federal laws by allowing the company to continue piping water from boreholes and water tunnels in the San Bernardino Mountains.  The environmental group said the extraction of water, which is bottled and sold as Arrowhead 100% Mountain Spring Water, has dramatically reduced the flow of Strawberry Creek and is causing significant environmental harm.  The group said the Forest Service has granted the company “illegal occupancy” of public lands, and urged the U.S. District Court to order the agency to shut down the network of pipelines and remove the water-diverting infrastructure from the national forest. … ”  Read more from the LA Times. | Read via Yahoo News.

New California drinking water report to guide distribution of $855 million to communities in need

 “Advancing the state’s ongoing work to provide access to safe drinking water for every Californian, the State Water Resources Control Board today released its fourth Drinking Water Needs Assessment and proposed plans to distribute about $855 million in financial assistance over the next year for projects that address drinking water needs in disadvantaged communities and emerging contaminants.  The Needs Assessment informs the priorities of the State Water Board’s Safe and Affordable Funding for Equity and Resilience (SAFER) drinking water program, which was established in 2019 under legislation signed by Governor Newsom. SAFER advances sustainable solutions for access to safe drinking water in disadvantaged communities, and the annual plans for the Safe and Affordable Drinking Water Fund (SADWF) and the Drinking Water State Revolving Fund (SRF) guide the distribution of the bulk of this drinking water assistance. … ”  Read more from the State Water Resources Control Board.

Drinking water of a million Californians fails to meet state requirements

“Almost 400 water systems serving nearly a million Californians don’t meet state requirements for safe and reliable drinking water supplies — and fixing them would cost billions of dollars.  More than two-thirds of these failing water systems serve communities of color, and more than half are in places struggling with poverty and pollution, according to an annual assessment released today by the State Water Resources Control Board.  These water systems, as of Jan. 1, failed to provide water “which is at all times pure, wholesome, and potable,” as required. Some violated drinking water standards for chemicals, bacteria, taste or odor. Others rely on bottled water, or have failed to meet treatment, monitoring or other requirements.  Even more Californians, around 1.54 million, are served by hundreds of water systems considered at risk of failing, state officials said, and nearly 144,000 wells were threatened by encroaching contaminants and shortages. … ”  Read more from Cal Matters.

NOW AVAILABLE: State Water Board relaunches updated water use tracker

“To spur public awareness and promote water conservation, the State Water Resources Control Board is once again publishing a dataset online that allows water managers, policy makers, the media and the public to monitor how water is used across California’s largest urban retail water suppliers.  The comprehensive and up-to-date dataset gleans monthly water use information from more than 400 water systems that serve approximately 95 percent of the state’s population. As the data reflect water use trends, the tracker was used to measure progress toward the state’s voluntary conservation target from 2021-2022. Users can retrieve monthly data from June 2014 on, and the tracker will be updated going forward in the middle of each month. … ”  Continue reading from the State Water Resources Control Board.

One of California’s largest reservoirs is not as big as everyone thought

“Lake Oroville may be the largest state-run reservoir in California, but water officials just learned it’s not as big as they thought.  The California Department of Water Resources, during the 2021 and 2022 drought years, took advantage of the reservoir’s historically low levels to map the lakebed and discovered with the help of recently created 3-D models that it’s about 3% smaller than advertised. Starting Monday, the state will change its water supply calculations and reservoir operations to reflect the lake’s reduced water capacity: now 3,424,753 acre-feet instead of 3,537,577 acre-feet. (An acre-foot of water supplies at least two households for a year.) State websites and public information materials also will be updated. … ”  Read more from the San Francisco Chronicle (gift article).

Reclamation again increases 2024 Central Valley Project water supply allocation for south-of-Delta ag to 50%

“Today, the Bureau of Reclamation announced another increase in the Central Valley Project 2024 water supply allocation for south-of-Delta contractors.  While all north-of-Delta Central Valley Project contractors are currently at 100% of their supplies, south-of-Delta agricultural contractors are being increased from 40% to 50%.  All other Central Valley Project contract allocations remain the same per the March 22 water supply update. Initial contract allocations were announced on Feb. 21 and updated in March and April.  “With the current and forecasted conditions that factor into Central Valley Project allocations, in particular, a greater than expected rate of exports during the month of June, we are pleased to be able to provide an additional increase to south-of-Delta agricultural contractors,” said California-Great Basin Regional Director Karl Stock. … ”  Read on for statements from Congressman David Valadao, the San Luis & Delta-Mendota Water Authority, and Westlands Water District.

Safeguarding California’s freshwater ecosystems against climate change: A conversation with aquatic ecologist Ted Sommer

A project in Solano County’s Lookout Slough includes excavating 20 miles of tidal channels and restoring native habitat that produces food for Delta smelt and other fish. Photo by DWR.

“California’s freshwater ecosystems―from springs and wetlands to rivers and estuaries―are in trouble and the warming world is hastening their decline. Fish and the wealth of other aquatic species that live in these habitats are increasingly vulnerable as freshwater flows shrink and water temperatures rise.  “Climate change is right on top of us, it’s really coming a lot faster than we expected,” says aquatic ecologist Ted Sommer, a fellow at the Public Policy Institute of California Water Policy Center and former lead scientist for California Department of Water Resources. “Many freshwater species could be extinct by the end of the century.” … To help make this task less daunting, Sommer led a team that identified tools for reversing the decline in freshwater species and ecosystems. The team presented their findings in a May 2024 report called Climate-Smart Tools to Protect California’s Freshwater Biodiversity.  To learn more, Robin Meadows spoke with Sommer about tools that can be used right away, tools that are more conceptual but worth considering, and the need to think beyond conventional approaches to conserving freshwater ecosystems. … ”  Click here for the full article from Maven’s Notebook.

Research article:  Storing and managing water for the environment is more efficient than mimicking natural flows

“Dams and reservoirs are often needed to provide environmental water and maintain suitable water temperatures for downstream ecosystems. Here, we evaluate if water allocated to the environment, with storage to manage it, might allow environmental water to more reliably meet ecosystem objectives than a proportion of natural flow. We use a priority-based water balance operations model and a reservoir temperature model to evaluate 1) pass-through of a portion of reservoir inflow versus 2) allocating a portion of storage capacity and inflow for downstream flow and stream temperature objectives. We compare trade-offs to other senior and junior priority water demands. In many months, pass-through flows exceed the volumes needed to meet environmental demands. Storage provides the ability to manage release timing to use water efficiently for environmental benefit, with a co-benefit of increasing reservoir storage to protect cold-water at depth in the reservoir. … ”  Read more from Nature.

REPORT SUMMARY: The Magnitude of California’s Water Challenges

“California is on the brink of a water crisis, with projections showing a potential decrease in water availability by 4.6 to 9 million acre-feet yearly.  Despite conservation efforts, scarcity is inevitable, according to a new report titled “The Magnitude of California’s Water Challenges.”  Commissioned by the California Municipal Utilities Association and written by Jay Lund at UC Davis, Josue Medellín-Azuara at UC Merced, and Alvar Escriva-Bou with UCLA, the report outlines the state’s water management issues and predicts future water losses.  These estimates aim to guide public policy and investment choices in addressing California’s pressing water concerns. … ”  Read more from Maven’s Notebook.

Wildfire smoke affects the function of lake ecosystems

“Wildfires are on the rise. The smoke they bring darkens the sky and deposits ash.  Ocean research has provided clues about how smoke affects marine ecosystems, but little is known about how it affects freshwater ecosystems like lakes. A new study published in Communications Earth and Environment shows that in some California lakes, smoke can alter physical and biological processes that are key to systems such as nutrient cycling, rates of carbon sequestration, and food web structure.  Both the number of smoky days and the extent of smoke coverage have climbed in recent decades, said Adrianne Smits, an environmental scientist at the University of California, Davis, and coauthor of the new study. “Smoke cover in California is really no longer an ephemeral event,” she said, but “could be thought of more as a seasonal phenomenon.”  “Given that,” she continued, “we need to have a better understanding of how freshwater ecosystems respond to this fundamental change.” … ”  Read more from EOS.

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In commentary this week …

When it comes to Calif.’s water, the numbers do lie

Bill Hammonds, an attorney and chairman of Firebaugh-based Hammonds Ranch, writes, “Years ago, I wrote a tongue in cheek essay dedicated to the authors of “How to Lie with Statistics”, which proved beyond any doubt that rainfall caused mental illness.  There is, by the way, significant statistical evidence to back this up, but it may well be confusing coincidence with causation.  That said, there is an anomaly in how the State of California reports rainfall records.  Simultaneously, the state is using this data to allocate water to farmers in the Central Valley, and year after year, there are more emergencies, and the farms get less water.  The state tracks rainfall in the Sierra in three different regions, the Northern Sierra 8 Station Average, the Tulare Basin and the San Joaquin stations. In the southern San Joaquin Valley the water we use comes mostly from the Northern Sierra. … ”  Continue reading at the San Joaquin Valley Sun.

New report exposes inaccuracies in Benefit-Cost Analysis of California’s Delta Conveyance Project

“A newly published report challenges the financial feasibility of the Delta Conveyance Project (DCP) as outlined by the Benefit Cost Analysis (BCA) released by the Department of Water Resources’ (DWR). The report from Dr. Jeffrey A. Michael, Director of Public Policy Programs at the University of the Pacific, finds that DWR’s BCA is flawed and inflated, with questionable assumptions, overvalued benefits and a failure to consider major project risks and financial implications.  At an estimated cost of $20.1 billion, the DCP represents a substantial financial commitment for water agencies amidst growing financial constraints. The DWR’s BCA claims a benefit-cost ratio of 2.2, suggesting the project’s economic viability. However, Dr. Michael’s review concludes that this ratio is inflated and unreliable due to unjustified optimistic assumptions underlying the analysis. … ”  Read more from Restore the Delta.

The “Silver Bullet” required to improve California’s water rights system: More & better data

Richard Frank, Professor of Environmental Practice and Director of the U. C. Davis School of Law’s California Environmental Law & Policy Center, writes, “Recently I’ve posted stories about efforts to enforce California’s water laws in the face of efforts by some diverters to evade and ignore limits on their ability to privatize public water resources–especially in times of critical drought.  One post focused on the federal government’s successful criminal prosecution of a San Joaquin Valley water district manager who illegally diverted millions of gallons of water from the government’s Central Valley Project for more than two decades.  Another commentary discussed long-overdue California legislative efforts to increase financial penalties for violations of state water curtailment orders like those by diverters on the Shasta River who ignore severe drought conditions for their private gain.  Such federal and state enforcement efforts are critically important if California’s scarce water resources are to be allocated fairly and equitably among competing water users and needs.  But a chronic deficiency of  California’s water rights system is the absence of comprehensive and timely reporting of water diversions throughout the state.  Without such data, state and federal water regulators can’t administer and enforce water rights systems effectively and on a timely basis. … ”  Continue reading at the Legal Planet.

The Salton Sea 10-year management plan is a waste of time, money and resources

Kerry Berman, a Palm Desert resident, a certified interpretive guide, an I-naturalist, and author, writes, “The Native American Cahuilla Nation has lived in the valley and stewarded the land for over 8,000 years. The majority of Western Europeans settled here during the last 175 years and have managed to create the real potential of the worst environmental disaster in California history with two situations: 1) The Salton Sea is on the brink of collapse creating a health, environmental and economy disaster due to the residing playa exposing dangerous chemicals creating toxic fine particulate matter we breath when the wind blows. Fish and birds are dying off faster than ever before.  2) The lack of fresh water from the Colorado River (reductions since 2018) has already affected our ability to recharge our aquifer sufficiently to supplement natural run off from rain and snowmelt causing the ground to subside in several areas in our east valley.   Perhaps it would be better to develop less water-intensive developments. … ”  Continue reading at the Desert Sun.

C-WIN: Fisheries expert: Fish & Game Commission’s move to list white sturgeon is a red herring

“The California Fish & Game Commission’s recent decision to initiate a listing process for white sturgeon under the state Endangered Species Act identified overfishing as a primary threat to the beleaguered species and included an immediate angling closure. But the real reason for the gigantic fish’s decline, said a fisheries biologist, is  excessive water diversions from the Sacramento-San Joaquin Delta.  Tom Cannon, a fisheries expert and a consultant for the California Water Impact Network, recently concluded a study of white sturgeon “recruitment” – the number of young fish produced each year.  “While the Fish and Game Commission cited overfishing as a primary concern, angling has had minimal impact on sturgeon,” Cannon said. “The real issue is the lack of freshwater flows through the Delta.” … ”  Read more from the California Water Impact Network (C-WIN).

Confessions of a known “Alfalfaphile”

Dan Keppen, Family Farm Alliance Executive Director, writes, “Never in my wildest dreams as a much younger man would I have thought that I would someday spend so much of my professional time defending the production of alfalfa.  I remember my senior year in high school, in northern California’s Lassen County, where many of my friends were from ranching families. Most of them spent a lot of their spare time in the summer cutting, baling and stacking hay.  I was not a rancher. I was a skinny kid who liked music from the 60’s. My only direct experience with alfalfa was in the hippy-owned restaurant I worked at, where the locally famous “Veggie Pizza” was actually topped with fresh alfalfa sprouts!  In recent years, after over three decades in the Western water policy arena, alfalfa matters have consumed much of my time. The Family Farm Alliance membership encompasses most of the “Reclamation West” – those arid and semi-arid states located West of the 100th Meridian.  That includes all seven Colorado River Basin states. … ”  Read more from the Northern California Water Association.

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In regional water news this week …

Marin Municipal Water District renews focus on desalination

“The Marin Municipal Water District is revisiting the possibility of constructing a desalination plant, this time taking a closer look at the cost to produce drinking water during a drought.  The reason for the focused cost analysis is because while a desal plant could provide a great supply, the district has limited storage capacity, Paul Sellier, water resource manager, told the board of directors at its meeting on Tuesday.  “Our reservoirs are going to be spilling,” Sellier said. “So we’ll be operating this plant in years when we don’t really need to.”  With that in mind, staff presented findings where the cost of water produced by such a plant is based on a four-year drought scenario. The analysis also assumes a 25-year service life before plant upgrades would be needed. … ”  Read more from the Marin Independent Journal.

In a stunning vote, two cities nix Monterey One Water’s billing process one week before it begins.

“A cost-saving plan to shift all of Monterey One Water’s billing to collection through county property tax bills was killed just seven days before it was to go into effect, thanks to opposition from just two of the board’s 10 members in a weighted vote.  Anthony Rocha, a city councilmember from Salinas who serves as the city’s representative to the sanitation agency board, and Alexis Garcia-Arrazola, representing Seaside, were the deciding votes. (Salinas gets six votes because it has the largest population in the district’s service area. Seaside gets three votes.)  Eight board members voted to move ahead with contracting with the Monterey County Tax Collector to collect fees from M1W ratepayers beginning July 1. But with the weighted vote means instead of an 8-2 vote to proceed, the total was 13-9 to proceed—although it’s a majority, the vote failed because it required at least two-thirds of the total possible votes, or 14 of 22.  “Yes, I was surprised,” says M1W General Manager Paul Sciuto. He and his staff had been working on the changeover for well over a year. … ”  Read more from Monterey Now.

Madera Judge asks for more information in lawsuit over fees for groundwater projects

“Round one of a lawsuit brought by a group of farmers against Madera County over land assessment fees left both sides standing — for now.  On June 18, Madera County Superior Court Judge Brian Enos inched forward on the county’s attempt to dismiss a lawsuit brought by the California United Water Coalition. He granted the county’s motion for judgment on the pleadings, but gave the coalition 60 days to provide more information.  Meanwhile, the injunction against the fees remains in place. A new hearing date has not been set.  “I feel good for now, but this is just round one,” said Robert Bishel, board member of the coalition.  Coalition attorney Patrick Gorman agreed, predicting the case would likely drag into 2025. … ”  Read more from SJV Water.

Eight years, ten miles and $325 million later, first phase of Friant-Kern Canal fix celebrated

Friant-Kern Canal construction, December 2022. Photo by Bureau of Reclamation.

“Sun-kissed waters flowing south in the Friant-Kern Canal provided a perfect backdrop on a hot summer morning for a ribbon-cutting celebration that drew more than 100 people, including a who’s-who of local, state and federal water managers.  An upbeat mood pervaded the gathering Friday, June 21, which marked the completion of Phase I of the Middle Reach Capacity Correction Project. As its name suggests, the massive, $325 million construction project in the middle portion of the 152-mile long canal adds room to the canal’s carrying capacity. About 1,000 cubic feet per second, to be exact.  “We identified this project in 2017, broke ground in 2022, and in 2024, we’re holding a ribbon cutting,” said Kristin White, deputy regional director of the Bureau of Reclamation’s California-Great Basin region. “This has got to be a record for a federally-led infrastructure project.” … ”  Read more from SJV Water.

Domestic well program gets mini launch in Tule subbasin as water managers worry about one agency’s ability to pay its share long term

“Board members of Eastern Tule Groundwater Sustainablity Agency signed a deal with Self-Help Enterprises this week to respond to dry or damaged drinking water wells.  The deal may, or may not, be extended throughout the Tule subbasin as part of a larger effort by managers to revamp their groundwater plan and submit it to the state Water Resources Control Board by July 1 to try and stave off state intervention.  But if this one piece of the larger puzzle is any indication, July 1 may be a pipe dream for a cohesive plan as other water managers are negotiating their own deals with Self-Help and questioning Eastern Tule’s ability to pay for a well program long term. … ”  Read more from SJV Water.

San Diego’s water prices face doomsday increase

“Thursday is doomsday for water prices in San Diego.  That’s when the region’s water importer – the San Diego County Water Authority – debates whether to boost its prices a whopping 18 percent come Jan. 1. The price increase is massive compared to previous rate increases, and the Water Authority’s biggest customer, the city of San Diego, is pretty ticked off. For the last five years, water rates rose between 5 and 10 percent per year. The last time San Diego passed a higher price spike was 2010 at 20 percent.  San Diego Mayor Todd Gloria directed his powerful contingent of 10 water board members to fight the increase. We won’t know how hard they’ll fight until the full 33-member board meets Thursday afternoon to vote on it.  Gloria’s administration is building a water recycling project, which costs billions of dollars. Once its built, in 2035, San Diego won’t buy as much water from the Water Authority. But for now, San Diegans are saddled with the cost of building water recycling and purchasing expensive water from outside city boundaries. … ”  Read more from the Voice of San Diego.

Water rates look poised to go up — but not as steeply as feared. That could create its own problems.

“Local water bills might not be going up quite as sharply next year as expected.  The County Water Authority’s board tentatively shrank a proposed rate hike for wholesale water from 18 percent to 14 percent on Thursday — despite concerns the move could hurt the water authority’s credit rating.  An increase in wholesale rates will force nearly every local water agency to pass on the extra costs to its customers, but just how much gets passed on could vary widely.  Some agencies buy less wholesale water than others, especially those with groundwater basin storage or other local water supplies. … ”  Read more from the San Diego Union-Tribune.

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Announcements, notices, and funding opportunities …

Available for Public Comment: Cawelo Water District Coalition Surface Water Quality Management Plan Exemption Request

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