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Part 8.2. Coachella Valley Water District of California Water Code >> Division 12. >> Part 8.2.
Unless the context otherwise requires, the definitions set
forth in this section govern the construction of this part.
(a) "Board" means the Board of Directors of the Coachella Valley Water District.
(b) "District" means the Coachella Valley Water District.
(c) "New industrial facilities" means industrial facilities for which either of the following applies:
(1) The building permit for that facility is issued on or after January 1, 2010.
(2) If a building permit is not required for that facility, construction for that facility commences on or after January 1, 2010.
(a) "Board" means the Board of Directors of the Coachella Valley Water District.
(b) "District" means the Coachella Valley Water District.
(c) "New industrial facilities" means industrial facilities for which either of the following applies:
(1) The building permit for that facility is issued on or after January 1, 2010.
(2) If a building permit is not required for that facility, construction for that facility commences on or after January 1, 2010.
(a) The Legislature hereby finds and declares that the use
of potable domestic water for nonpotable uses for cemeteries, parks,
highway landscaped areas, new industrial facilities, landscaped
common areas of residential developments maintained by a homeowner's
association, and golf course irrigation is a waste and an
unreasonable use of the water within the meaning of Section 2 of
Article X of the California Constitution, if nonpotable water,
including recycled water, is available under all of the following
conditions as determined by the board, after notice to any person or
local public agency that may be ordered to use nonpotable water or to
cease using potable water and a hearing held by the board if
requested by the person or local public agency:
(1) The board determines that the source of nonpotable water is of adequate quality for the proposed use and is available for that use. In determining adequate quality, the board shall consider all relevant factors, including, but not limited to, food and employee safety, and level and types of specific constituents in the nonpotable water affecting the use, on a user-by-user basis. In addition, the board shall consider the effect of the use of nonpotable water in lieu of potable water on the generation of hazardous waste and on the quality of wastewater discharges subject to permit.
(2) The board determines that the nonpotable water may be furnished for the proposed use at a reasonable cost to the user. In determining reasonable cost, the board shall consider all relevant factors, including, but not limited to, the present and projected costs of supplying, delivering, and treating potable domestic water for the proposed use and the present and projected costs of supplying and delivering nonpotable water for that use, and finds that the cost of supplying the nonpotable water is comparable to, or less than, the cost of supplying potable domestic water.
(3) The State Department of Public Health determines that the use of nonpotable water from the proposed source will not be detrimental to public health.
(4) The California regional water quality control board determines that the use of nonpotable water from the proposed source will comply with any applicable water quality control plan.
(5) The board determines that the use of nonpotable water for the proposed use will not adversely affect groundwater rights, will not degrade water quality, and is determined not to be injurious to plant life, fish, and wildlife.
(b) In making the determination described in subdivision (a), the board shall consider the impact of the cost and quality of the nonpotable water on each individual user.
(c) The board may require a person or public agency to furnish information that the board determines to be relevant to making the determinations described in subdivision (a).
(1) The board determines that the source of nonpotable water is of adequate quality for the proposed use and is available for that use. In determining adequate quality, the board shall consider all relevant factors, including, but not limited to, food and employee safety, and level and types of specific constituents in the nonpotable water affecting the use, on a user-by-user basis. In addition, the board shall consider the effect of the use of nonpotable water in lieu of potable water on the generation of hazardous waste and on the quality of wastewater discharges subject to permit.
(2) The board determines that the nonpotable water may be furnished for the proposed use at a reasonable cost to the user. In determining reasonable cost, the board shall consider all relevant factors, including, but not limited to, the present and projected costs of supplying, delivering, and treating potable domestic water for the proposed use and the present and projected costs of supplying and delivering nonpotable water for that use, and finds that the cost of supplying the nonpotable water is comparable to, or less than, the cost of supplying potable domestic water.
(3) The State Department of Public Health determines that the use of nonpotable water from the proposed source will not be detrimental to public health.
(4) The California regional water quality control board determines that the use of nonpotable water from the proposed source will comply with any applicable water quality control plan.
(5) The board determines that the use of nonpotable water for the proposed use will not adversely affect groundwater rights, will not degrade water quality, and is determined not to be injurious to plant life, fish, and wildlife.
(b) In making the determination described in subdivision (a), the board shall consider the impact of the cost and quality of the nonpotable water on each individual user.
(c) The board may require a person or public agency to furnish information that the board determines to be relevant to making the determinations described in subdivision (a).
Notwithstanding any other provision of law, but subject to
the other requirements of this part, no person or local public agency
shall use water within the district's service area from any source
that is suitable for potable domestic use for nonpotable uses for
cemeteries, parks, highway landscaped areas, new industrial
facilities, landscaped common areas of residential developments
maintained by a homeowner's association, and golf course irrigation,
if the board, in accordance with Section 32601, determines that
suitable nonpotable water is available.
(a) The use of nonpotable water, including recycled water,
in accordance with this part is subject to all applicable state
regulation.
(b) This part only applies to a use of water within the district's service area that is not the subject of a determination pursuant to Article 7 (commencing with Section 13550) of Chapter 7 of Division 7.
(c) This part is in addition to, and not a limitation upon, any powers of a public agency or a court to prevent the waste or unreasonable use of water.
(b) This part only applies to a use of water within the district's service area that is not the subject of a determination pursuant to Article 7 (commencing with Section 13550) of Chapter 7 of Division 7.
(c) This part is in addition to, and not a limitation upon, any powers of a public agency or a court to prevent the waste or unreasonable use of water.
