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Document ID us-ca-wachpe-2026-04-22-2 Title Wastewater Change Petitions URL https://www.waterboards.ca.gov/waterrights/water_issues/programs/petitions/wastewater.html Jurisdiction /us/ca Subdomain(s) none Language Status completed Analyzed at 2026-05-12 05:06:43.837666+00:00 Relevance inventory_targeted_fetch

Q Qualitative Requirements (21)

Req ID Category Intent Legal Status Name Subdomain(s) Context Conditions Confidence
#Q001administrativeoperationalmandatoryFiling Wastewater Change Petitionwastewater, otherIf a water re-use project will decrease the amount of water in a stream or other waterway, the owner of the wastewater treatment plant needs to file a wastewater change petition with the Division of Water Rights (Division).If a water re-use project will decrease the amount of water in a stream or other waterwayhigh
#Q002administrativeunknownmandatoryCEQA Review RequirementotherAdditionally, the California Environmental Quality Act (CEQA) applies to non-exempt wastewater change petitions, and the State Water Board must either undertake CEQA review as a lead agency, or review CEQA documents as a responsible agency before making a decision.Applies to non-exempt wastewater change petitionshigh
#Q003administrativereportingmandatoryInteragency Consultation and Petition SubmissionwastewaterThe petitioner must provide a copy of the complete petition package to, and request consultation with, both the Regional Water Quality Control Board and the California Department of Fish and Wildlife.When submitting a wastewater change petitionhigh
#Q004administrativereportingmandatoryProtest ResponsewastewaterCopies of any protests are given to the right holder who is required to respond.If protests are filed against the right holder's intent to change their projecthigh
#Q005administrativeoperationalmandatoryBoard Protest ResolutionwastewaterThe Board must address protests that have been filed.If protests are filedhigh
#Q006administrativeoperationalmandatoryGeographic Area Policy Compliancewastewater, otherProjects located in certain geographic areas are required to comply with applicable State Board Policies relevant to processing of a water right change petition.Projects located in certain geographic areashigh
#Q007operationaloperationalmandatoryCompliance with Petition OrderswastewaterProject Operation. Once the State Water Board has issued one or more orders approving one or more wastewater change petitions, the owner of the wastewater treatment facility must operate in accordance with the conditions of the order(s).Once the State Water Board has issued one or more orders approving one or more wastewater change petitionshigh
#Q008administrativeoperationalmandatoryApproval for Wastewater Change (Water Code Section 1211)wastewaterWater Code Section 1211: "(a) Prior to making any change in the point of discharge, place of use, or purpose of use of treated wastewater, the owner of any wastewater treatment plant shall obtain approval of the board for that change.Prior to making any change in the point of discharge, place of use, or purpose of use of treated wastewaterhigh
#Q009prohibitionoperationalmandatoryProhibition on Appropriating Dedicated Instream Flows (Water Code Section 1212)otherWater Code Section 1212: "The board shall not grant any permit or license to any person other than the treated waste water producer for the appropriation of treated waste water where the producer has introduced such water into the watercourse with the prior stated intention of maintaining or enhancing fishery, wildlife, recreational, or other instream beneficial uses. Holders of existing water rights may not use or claim such water."Where the producer has introduced treated wastewater into the watercourse with the prior stated intention of maintaining or enhancing instream beneficial useshigh
#Q010administrativeoperationalrecommendedPre-consultation CoordinationwastewaterAs discussed in the Frequently Asked Questions, you are encouraged to coordinate with the Division of Water Rights (Division) as part of the pre-consultation process.If pursuing a wastewater change petition in the Policy areahigh
#Q011administrativereportingrecommendedInformation Compilation for Potential Flow ImpairmentwastewaterIn addition, you should compile information demonstrating whether and how there is a potential for the change to impair instream beneficial uses due to a decrease in flow. This information should be submitted with your petition forms and the appropriate filing fee.medium
#Q012administrativeunknownmandatoryCumulative Diversion Analysis (CDA) Requirementaquatic life, otherChanges that have the potential to impair instream beneficial uses due to a decrease in flow (with the exception of changes on a flow regulated main stem river) must be evaluated using the Cumulative Diversion Analysis (CDA) methods established in the Policy. Accordingly, you would need to prepare a CDA to evaluate the stream reaches potentially affected by the proposed change.Changes that have the potential to impair instream beneficial uses due to a decrease in flow (with the exception of changes on a flow regulated main stem river)high
#Q013administrativeunknownmandatoryPublic Trust Resource Consideration and Protectionaquatic life, recreational waterthe State Water Board has an independent obligation to consider the effect of the proposed project on public trust resources and to protect those resources where feasible.In addition to any obligation under the California Environmental Quality Acthigh
#Q014administrativeoperationalunknownHydrologic Analysis EvaluationwastewaterBefore granting a change petition, the State Board evaluates if the change could result in a decrease in stream flow.Prior to granting a change petitionhigh
#Q015administrativeoperationalguidanceStandard Change Petition for Non-Flow ModificationswastewaterA Standard Change Petition if the owner of the wastewater treatment facility is proposing to change either: (1) the purpose of use, place of use, or point of discharge of treated wastewater, and the change will not result in a reduction of instream flows beyond the reduction already approved in an Order issued by the State Water Board; or, (2) any condition as described in any Order issued by the State Water Board.Proposed changes to purpose, place, or point of discharge without additional flow reduction, or changes to order conditionshigh
#Q016administrativeoperationalguidanceAdditional Wastewater Change Petition for Further Flow ReductionswastewaterAn additional Wastewater Change Petition if the owner of the wastewater treatment facility is proposing to change the purpose of use, place of use, or point of discharge of treated wastewater and the change will result in a reduction of instream flows beyond the reduction already approved in the order or orders.Proposed changes resulting in flow reductions beyond previously approved ordershigh
#Q017administrativeoperationalmandatoryExclusive Ownership of Treated WastewaterwastewaterThe owner of a waste water treatment plant operated for the purpose of treating wastes from a sanitary sewer system shall hold the exclusive right to the treated waste water as against anyone who has supplied the water discharged into the waste water collection and treatment system, including a person using water under a water service contract, unless otherwise provided by agreement.Plant must be operated for the purpose of treating wastes from a sanitary sewer systemhigh
#Q018administrativereportingmandatoryInformation Requirement for Instream Flow Impairmentwastewater, aquatic lifeTo process wastewater change petitions, pursuant to the Policy, the State Water Resources Control Board requires sufficient information to determine whether the proposed change will impair instream beneficial uses due to a decrease in flow.Pursuant to the Instream Flow Policyhigh
#Q019administrativereportingmandatoryCIWQS Account RegistrationotherIn order to submit information to the Water Boards via CIWQS, users must register for an account.To submit information to the Water Boards via CIWQShigh
#Q020reportingreportingguidanceStormwater Annual Reporting SubmittalotherEnrollees under the statewide general industrial stormwater permit can submit annual reports to the Stormwater Multi-Application, Reporting, and Tracking System (SMARTS).high
#Q021reportingreportingguidanceNPDES and SSO Electronic SubmittalwastewaterCurrently, individual National Pollutant Discharge Elimination System permit holders and enrollees under the statewide general sanitary sewer overflow (SSO) order may be able to submit information to CIWQS.high

P Quantitative Requirements (0)

No quantitative requirements.

D Definitions (28)

Req ID Category Name Context Confidence
#D001California Integrated Water Quality System (CIWQS)The California Integrated Water Quality System (CIWQS) is a computer system used by the State and Regional Water Quality Control Boards to track information about places of environmental interest, manage permits and other orders, track inspections, and manage violations and enforcement activities.high
#D002Stormwater Multi-Application, Reporting, and Tracking System (SMARTS)Stormwater Multi-Application, Reporting, and Tracking System, which now house the annual reporting functions previously performed within the Storm Water Annual Reporting Modulehigh
#D003Storm Water Annual Reporting Module (SWARM)Storm Water Annual Reporting Modulehigh
#D004California Water Accounting, Tracking, and Reporting System (CalWATRS)CalWATRS is a computer database developed by the State Water Resources Control Board to track information on water rights in California.high
#D005NPDESNational Pollutant Discharge Elimination Systemhigh
#D006SSOSanitary Sewer Overflowhigh
#D007California Water BoardsThe California Water Boards include the State Water Resources Control Board and nine Regional Boardshigh
#D008CalEPACalifornia Environmental Protection Agencyhigh
#D009SWRCBState Water Resources Control Boardhigh
#D010CEQACalifornia Environmental Quality Acthigh
#D011DivisionDivision of Water Rightshigh
#D012PolicyPolicy for Maintaining Instream Flows in Northern California Coastal Streamshigh
#D013CDAThe Policy utilizes a CDA to evaluate whether or not a proposed project, in combination with senior diversions, adversely affects the instream flows needed for the protection of fishery resources.high
#D014FCSPetroleum Fuel Contaminated Soilshigh
#D015Basin PlanWater Quality Control Plan for the San Diego Basinhigh
#D016TMDLsTotal Maximum Daily Loadshigh
#D017WERsWater Effect Ratioshigh
#D018USEPAUS Environmental Protection Agencyhigh
#D019State Water BoardState Water Resources Control Boardhigh
#D020OALOffice of Administrative Lawhigh
#D021California Toxics RuleUSEPA's water quality criteria for toxic pollutants in inland surface waters, enclosed bays, and estuaries (40 CFR 131.38)high
#D022Agricultural Operationsagricultural and nursery operationshigh
#D023General Agricultural OrdersCollectively, Order No. R9-2016-0004 (Third-Party General Order) and Order No. R9-2016-0005 (Individual General Order).high
#D024Commercial Agricultural Operationsany agricultural business or trade activity, including farms, nurseries, and orchards, that produce crops or ornamental plants with the intent to make a profit.high
#D025WQPPWater Quality Protection Planshigh
#D026BMPsbest management practiceshigh
#D027Third-Party General OrderOrder No. R9-2016-0004high
#D028Individual General OrderOrder No. R9-2016-0005high