2007 California Water Code Part 8.2. Coachella Valley Water District

CA Codes (wat:32600-32603)

32600.  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.



32601.  (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, 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).



32602.  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, and golf course irrigation, if the board, in accordance
with Section 32601, determines that suitable nonpotable water is
available.


32603.  (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.