CDQAP Update: State Board Adopts New Dairy Order; Some Mexican Cattle Enter the U.S.

J.P. Cativiela, Regulatory Affairs Director, Dairy Cares

The State Water Resources Control Board voted 4-0 on September 15, to adopt a new order and regulatory framework for Central Valley dairies. The long-awaited order outlines and sets in motion a roadmap forward for reducing nitrate impacts from dairy farms via setting progressively more stringent manure and nitrogen application limits, while also addressing impacts from unlined dairy manure lagoons. However, many of these provisions will be developed over the next several years, allowing time for dairy operators to prepare.

The State order directs the Central Valley Regional Water Board to prepare a new Waste Discharge Requirements General Order for Central Valley Dairies (replacing the version that was last issued in 2013) within five years, while also taking shorter-term actions related to manure ponds. At the same time, the State Board will oversee a process to develop peer reviewed interim and final discharge and application limits for dairies.

The dairy industry, including Dairy Cares, and others were engaged in the process over the last several years, providing education, information and dairy tours.

One of the most important steps in the near term will be for existing dairies to enroll any herd expansions that have occurred since 2005 for coverage under the current and new orders. That process will play out over the next several months and dairy owners/operators should watch this space and other trusted channels for updated information while also remaining alert and working with their consultants and/or trade associations to stay aware of any steps that need to be taken.

Adoption of the State’s Order will also lead to a new annual reporting system for Central Valley dairies. That system is under development by the Central Valley Dairy Representative Monitoring Program, in close consultation with the Central Valley Water Board. The system is expected to be launched sometime in 2027, and will replace the current annual reporting system — again, stay tuned for more information. CDQAP will provide outreach and training to assist farmers in use of the new reporting system.

Adoption of the State’s Order will also lead to a new annual reporting system for Central Valley dairies. That system is under development by the Central Valley Dairy Representative Monitoring Program, in close consultation with the Central Valley Water Board. The system is expected to be launched sometime in 2027, and will replace the current annual reporting system — again, stay tuned for more information. CDQAP will provide outreach and training to assist farmers in use of the new reporting system.

A new, detailed revised Central Valley dairy order, which will contain the new manure application and discharge limits and compliance limits, is likely about five years away. But there are steps dairy operators can take now to prepare. Most important of these is to re-examine Nutrient

Management Plans to determine if there is sufficient demand from forage crops for both the liquid and solid manure the dairy produces. If surplus manure is produced, that will need to be managed to prevent over application to crops. This is an essential first step to meeting the coming limits and being able to comply with the new regulations. As such, dairies are advised to work with their consultants, extension advisers, trade associations or other trusted experts to understand any manure surplus issues and options that exist for exporting those surpluses off the dairy for use elsewhere, or treating those surpluses with new technologies such as vermifiltration (worm beds) or advanced manure solids-liquids separators.

Lastly, dairy operators in areas with shallow groundwater tables should know that the recently adopted order also directs the Central Valley Water Board to investigate and address manure ponds that intersect the water table. According to the order, this process must begin within the next year. This process could lead to orders for some dairies to investigate the water levels below their dairies and could also lead eventually to orders to close ponds or reconstruct them above ground.

Producers should watch their trade association newsletters for updates.

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