Section 1783.3 - Availability of Water Testing, Request for Water Testing(a) A surface property owner notified pursuant to Section 1783.2 may request water quality testing on any existing water well or surface water located on the parcel that is suitable for drinking or irrigation purposes.(b) When a surface property owner makes a request for water quality testing on any water well or surface water pursuant to subdivision (a), sampling and testing shall be in accordance with the following: (1) Water quality testing shall be performed by a Designated Contractor for Water Sampling.(2) Water quality testing shall be conducted in accordance with the standards and protocols specified by the State Water Board pursuant to Public Resources Code section 3160, subdivision (d)(7)(B).(3) Water quality testing shall include baseline measurements prior to the commencement of the well stimulation treatment, and follow-up measurements after the well stimulation treatment is completed.(4) Any written request for water testing shall specify whether the surface property owner elects to select the Designated Contractor for Water Sampling and communicate directly with the contractor to arrange for testing, or, alternatively, elects to have the operator select the Designated Contractor for Water Sampling and arrange for testing.(A) If the surface property owner elects to have the operator select and contract with the Designated Contractor for Water Sampling, the well stimulation treatment may not commence until the requested baseline water sampling is completed, provided that the request is made in writing and postmarked to the operator within 20 calendar days from the date notice is provided under section 1783.2(e) and the surface property owner makes necessary accommodations to enable the collection of baseline measurements without undue delay.(B) If the surface property owner elects to select the Designated Contractor for Water Sampling and communicate directly with the contractor to arrange for testing, the surface property owner is responsible for scheduling baseline measurements to be taken prior to the commencement of the well stimulation treatment. The operator shall immediately inform the surface property owner when the well stimulation treatment is completed so that follow-up measurements can be collected.(5) The operator shall pay for all reasonable costs of water quality testing under this subdivision regardless of whether the surface property owner or the operator selects and coordinates with the Designated Contractor for Water Sampling.(6) The results of any water quality testing shall be provided to the Division, the appropriate Regional Water Board, the State Water Board, the surface property owner, and any tenant notified pursuant to Section 1783.2 to the extent authorized by the tenant's lease.(7) The Regional Water Board shall be notified at least two working days prior to collecting a sample under this section so that Regional Water Board staff may witness the sampling.(c) Water quality data collected under subdivision (b) shall be submitted to the Regional Water Board in an electronic format that follows the guidelines detailed in California Code of Regulations, title 23, chapter 30.(d) A tenant notified pursuant to Section 1783.2 that has lawful use of any existing water well or surface water located on the parcel that is suitable for drinking or irrigation purposes may independently contract with a Designated Contractor for Water Sampling for water quality testing of such water. A tenant that contracts for such testing is responsible for scheduling baseline measurements to be taken prior to the commencement of the well stimulation treatment. A tenant that contracts for water testing pursuant to this section is not entitled to reimbursement from the operator for the costs of such testing. If the operator is made aware of the tenant's contracting for water quality testing, then the operator shall immediately notify the tenant when the well stimulation treatment is completed so that follow-up measurements can be collected.Cal. Code Regs. Tit. 14, § 1783.3
1. New section filed 12-30-2014; operative 7-1-2015 pursuant to Public Resources Code section 3161(a), as amended by SB 4, Stats. 2014, c. 313 (Register 2015, No. 1). For prior history, see Register 2014, No. 26.
2. Editorial correction of section heading and HISTORY 1 (Register 2017, No. 24). Note: Authority cited: Sections 3013 and 3160, Public Resources Code. Reference: Sections 3106 and 3160, Public Resources Code.
1. New section filed 12-30-2014; operative 7/1/2015 pursuant to Public Resources Code section 3161(a), as amended by SB 4, Stats. 2014, c. 313 (Register 2015, No. 1). For prior history, see Register 2014, No. 26.
2. Editorial correction of section heading and History 1 (Register 2017, No. 24).