California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 4 - Development, Regulation, and Conservation of Oil and Gas Resources › Subchapter 2 - Environmental Protection › Article 4 - Well Stimulation Treatments › Section 1783.3 - Availability of Water Testing, Request for Water Testing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.