115825-115850

HEALTH AND SAFETY CODE
SECTION 115825-115850




115825.  (a) It is hereby declared to be the policy of this state
that multiple use should be made of all public water within the
state, to the extent that multiple use is consistent with public
health and public safety.
   (b) Except as provided in this article, recreational uses shall
not, with respect to a reservoir in which water is stored for
domestic use, include recreation in which there is bodily contact
with the water by any participant.



115830.  All water supply reservoirs of a public agency, whether
heretofore or hereafter constructed, shall be open for recreational
use by the people of this state, subject to the regulations of the
department.


115835.  Unless the context otherwise requires, the following
definitions shall control the construction of this article:
   (a) "Multiple use" includes domestic, industrial, agricultural,
and recreational uses.
   (b) "Public agency" means the state or any city, other than a
chartered city, county, public district, or other public institution.
   (c) "Reservoir" does not include ditches, canals, or any similar
type of water distributing facility.



115840.  (a) In San Diego County, recreational uses shall not, with
respect to a reservoir in which water is stored for domestic use,
include recreation in which there is bodily contact with the water by
any participant, unless both of the following conditions are
satisfied:
   (1) The water subsequently receives complete water treatment,
including coagulation, flocculation, sedimentation, filtration, and
disinfection, before being used for domestic purposes.
   (2) The reservoir is operated in compliance with regulations of
the department, as provided in Section 115830.
   (b) The recreational use may be subject to additional conditions
and restrictions adopted by the entity operating the water supply
reservoir, if the conditions and restrictions do not conflict with
regulations of the department and are designed to further protect or
enhance the public health and safety.



115840.5.  (a) In the Modesto Reservoir, recreational uses shall not
include recreation in which any participant has bodily contact with
the water, unless both of the following conditions are satisfied:
   (1) The water subsequently receives complete water treatment, in
compliance with all applicable department regulations, including
coagulation, flocculation, sedimentation, filtration, and
disinfection, before being used for domestic purposes. The
disinfection shall include, but not be limited to, ozonation.
   (2) The reservoir is operated in compliance with regulations of
the department.
   (b) The recreational use may be subject to additional conditions
and restrictions adopted by the entity operating the water supply
reservoir or required by the department, if those conditions and
restrictions do not conflict with regulations of the department, and
are required to further protect or enhance the public health and
safety. The department shall, prior to requiring any additional
conditions and restrictions, consult with the entity operating the
water supply reservoir regarding the proposed conditions and
restrictions at least 60 days prior to the effective date of those
conditions or restrictions.
   (c) The Modesto Irrigation District shall file, on or before
January 1, 2002, with the Legislature, a report on the recreational
uses at Modesto Reservoir and the water treatment program. The report
shall include, but not be limited to, all of the following
information:
   (1) The estimated levels and types of recreational uses at the
reservoir on a monthly basis.
   (2) Levels of methyl tertiary butyl ether at various reservoir
locations on a monthly basis.
   (3) A summary of available monitoring in the Modesto Reservoir
watershed for giardia and cryptosporidium.
   (4) The sanitary survey of the watershed and water quality
monitoring plan.
   (5) An evaluation of recommendations relating to removal and
inactivation of cryptosporidium and giardia as specified in the
department water permit dated October 28, 1997.
   (6) Annual reports provided to the department, as required
pursuant to Sections I and IV of the department water permit dated
October 28, 1997.
   (7) An evaluation of the impact on source water quality due to
recreational activities on the Modesto Reservoir, including any
microbiological monitoring.
   (8) A summary of any activities between the district and the
county for operation of recreational uses and facilities in a manner
that optimizes the water quality.
   (9) The reservoir management plan and the operations plan.
   (10) The annual water quality reports submitted to consumers each
year.
   (d) If there is a change in operation of the treatment facility or
a change in the quantity of water to be treated at the treatment
facility, the department may require the Modesto Irrigation District
to file a report that includes, but is not limited to, the
information required pursuant to subdivision (c), and the district
shall demonstrate to the satisfaction of the department that water
quality will not be adversely affected.



115841.  Recreational activity in which there is bodily contact with
the water by any participant shall continue to be allowed in
Nacimiento Reservoir in accordance with all of the following
requirements :
   (a) Any agency that removes water from the reservoir for domestic
use shall comply with any, or at a minimum, one of the following with
regard to the water removed:
   (1) The water subsequently receives complete water treatment in
compliance with all applicable department regulations, including
coagulation, flocculation, sedimentation, filtration, and
disinfection, before being used for domestic purposes.
   (2) The water is discharged in a manner that allows percolation
into a subsurface groundwater basin for subsequent extraction from
only those groundwater wells that have been determined by the
department not to be under the influence of surface water pursuant to
Chapter 17 (commencing with Section 64650) of Division 4 of Title 22
of the California Code of Regulations and subsequently receives
disinfection and complies with all applicable department regulations
before being used for domestic purposes.
   (3) The water is discharged in a manner that allows percolation
into a subsurface groundwater basin for subsequent extraction from
groundwater wells under the influence of surface water that receives
treatment pursuant to Chapter 17 (commencing with Section 64650) of
Division 4 of Title 22 of the California Code of Regulations and
complies with all applicable department regulations.
   (b) The reservoir is operated in compliance with regulations of
the department.
   (c) The water stored for domestic purposes that may be excepted
from the requirements of subdivision (b) of Section 115825 is removed
from the reservoir by an agency for domestic purposes only in San
Luis Obispo County and only in an amount for which that agency has a
contractual right.


115842.  (a) Recreational activity in which there is bodily contact
with the water by any participant is allowed in the Sly Park
Reservoir provided that all of the following conditions are
satisfied:
   (1) The water shall receive complete water treatment, including
coagulation, flocculation, sedimentation, filtration, and
disinfection; or alternative treatment that complies with all
applicable department regulations and requirements. Such treatment
shall, at a minimum, comply with all state laws and department
regulations and all federal laws and regulations, including, but not
limited to, the federal Environmental Protection Agency Long-Term 2
Enhanced Surface Water Treatment regulations. Nothing in this
division shall limit the state or the department from imposing more
stringent treatment standards than those required by federal law.
   (2) The El Dorado Irrigation District conducts a monitoring
program for E. coli, bacteria and giardia, and cryptosporidium
organisms at various reservoir locations and at a frequency
determined by the department.
   (3) The reservoir is operated in compliance with regulations of
the department.
   (b) The recreational use of that reservoir shall be subject to
additional conditions and restrictions adopted by the entity
operating the water supply reservoir, or by the department, that are
required to further protect or enhance the public health and safety
and do not conflict with regulations of the department.
   (c) The El Dorado Irrigation District shall file, on or before
January 1, 2005, with the department, a report on the recreational
uses at Sly Park Reservoir and the water treatment program for that
reservoir. That report shall include, but is not limited to,
providing all of the following information:
   (1) The estimated levels and types of recreational uses at the
reservoir on a monthly basis.
   (2) A summary of available monitoring in Sly Park Reservoir
watershed for giardia and cryptosporidium.
   (3) The sanitary survey of the watershed and water quality
monitoring plan.
   (4) An evaluation, as prescribed by the department, to determine
the impact on source water quality due to recreational activities on
Sly Park Reservoir, including any microbiological monitoring.
   (5) The reservoir management plan and the operations plan.
   (6) The annual water reports submitted to the consumers each year.
   (d) The department shall prescribe the degree of treatment
including, but not limited to, treatment processes necessary to abate
any increased hazards resulting from body contact recreation based
on information provided in the report filed pursuant to subdivision
(c).



115843.5.  (a) In the Canyon Lake Reservoir, recreational uses shall
not include recreation in which any participant has bodily contact
with the water, unless both of the following conditions are
satisfied:
   (1) The water subsequently receives complete water treatment, in
compliance with all applicable department regulations, including
coagulation, flocculation, sedimentation, filtration, and
disinfection, before being used for domestic purposes. The
disinfection shall include, but is not limited to, an advanced
technology capable of inactivating organisms, including, but not
limited to, viruses, cryptosporidium, and giardia, to levels that
comply with department regulations. The treatment shall include, but
need not be limited to, ozonation or ultra violet disinfection. The
treatment shall, at a minimum, comply with all state laws and
department regulations and all federal laws and regulations,
including, but not limited to, the federal Environmental Protection
Agency Long-Term 2 Enhanced Surface Water Treatment regulations.
Nothing in this division shall limit the state or the department from
imposing more stringent treatment standards than those required by
federal law.
   (2) The reservoir is operated in compliance with regulations of
the department.
   (b) The recreational use may be subject to additional conditions
and restrictions adopted by the entity operating the water supply
reservoir or required by the department, if those conditions and
restrictions do not conflict with regulations of the department, and
are required to further protect or enhance the public health and
safety.
   (c) The Elsinore Valley Municipal Water District shall, by January
1, 2007, file a report with the Legislature on the recreational uses
at Canyon Lake Reservoir and the water treatment program. The report
shall include, but not necessarily be limited to, all of the
following information:
   (1) Participation in watershedwide activities to improve water
quality in the Canyon Lake Reservoir.
   (2) Annual results of volatile organic compounds, general
minerals, and nutrients testing results provided to the department.
   (3) A summary of available monitoring in the Canyon Lake Reservoir
provided to the department for giardia and cryptosporidium.
   (4) The most current sanitary survey of the watershed and water
quality monitoring plan.
   (5) A summary of monthly reports provided to the department on
intake water bacteria and water quality.
   (6) A summary of monthly reports provided to the department on
water usage in Canyon Lake Reservoir.
   (7) An evaluation of the impact on source water quality due to
recreational activities on the Canyon Lake Reservoir, including any
microbiological monitoring, and a summary of monthly reports provided
to the department on treatment plant performance.
   (8) A summary of activities between Elsinore Valley Municipal
Water District and the Canyon Lake Property Owners Association for
operation of recreational uses and facilities in a manner that
optimizes the water quality.
   (9) The reservoir management plan and the operations plan.
   (10) The annual water quality reports submitted to consumers each
year.
   (d) If there is a change in operation of the treatment facility or
a change in the quantity of water to be treated at the treatment
facility, the department may require the Elsinore Valley Municipal
Water District to file a report that includes, but is not limited to,
the information required pursuant to subdivision (c), and the
district shall demonstrate to the satisfaction of the department that
water quality will not be adversely affected.



115845.  The public agency operating any water supply reservoir that
is open for recreational use pursuant to this article may charge a
use fee to cover the cost of policing the area around the reservoir,
including the cost of providing the necessary sanitary facilities and
other costs incidental to the recreational use of the reservoir.




115850.  This article does not apply to terminal reservoirs for the
supply of domestic water.