Winery Water Quality:
With laws including the U.S. Clean Water Act and California’s Porter-Cologne Water Quality Control Act, water (including winery process water, domestic (sanitary) wastewater, irrigation water, stormwater, and water supply) is a heavily regulated resource.
Why the Regulation Exists:
At every step of the winemaking process, from crushing and pressing through fermentation and aging to the bottling of the finished product, water is required. Water is also at the heart of the cleaning and sanitizing system, making sure tanks, barrels, and the bottling line are properly clean and sanitized. The water supplied to your winery (whether from an onsite groundwater well, spring, creek or the local municipality) for processing and drinking is regulated to ensure water remains a sustainable resource and to ensure water rights and water quality are protected for future use.
Do I need a Permit?
Answer the question prompts below to determine if a permit is needed for your operation. Click on a topic below to jump directly to that section or scroll down the page to work through each topic.
Click here to review additional background information before answering the questions.
Water Supply
Water supply includes water supplied to your facility for drinking water, processing or irrigation.
Drinking Water Permit
Answer the questions below to determine if this permit is relevant to your operation:
Questions:
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Is the water supplied to the bathrooms, break rooms, or tasting room supplied by an onsite groundwater well, spring, creek or stream?
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Does the water system serve 25 people (employees, vendors, and visitors) per day at least 60 days per year?
If you answered yes to both questions, you may need a drinking water permit. If you answered no, contact the Division of Drinking Water to verify whether you need a drinking water permit.
For more information:
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Guidance: Requirements for obtaining a Public Water Supply Well Permit
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If your supply water comes from the city or local municipality, then you will need to contact them for any reporting requirements, restrictions or fee structure.
Groundwater Registration & Reporting
The Sustainable Groundwater Management Act (SGMA) grants authority to local Groundwater Sustainability Agencies (GSAs) to regulate groundwater and develop Groundwater Sustainability Plans (GSPs) that ensure sustainable use of a basin’s water sources. GSPs are approved by the California Department of Water Resources (DWR). GSAs are allowed to restrict groundwater pumping and impose new fees for groundwater extraction.
For more information:
Surface Water
If you have surface water (streams, rivers, lakes, ponds) the regulations below may apply.
Appropriate Water License
Answer the questions below to determine if this permit is relevant to your operation:
Questions:
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Do you take water from a lake, river, stream, or creek for use on your property?
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Did your property begin using surface water or groundwater from a subterranean stream after 1914?
If you answered yes to both questions, you may need to establish a water right with the State Water Resources Control Board (SWRCB). Individuals can hold riparian water rights, appropriative water rights, and prescriptive water rights. Do not assume you have a water right just because you have a water diversion or a dam on your property. You can check with the Division of Water Rights to determine if you have a water right permit, license, certificate, or registration.
For more information:
404 Permits & 401 Certifications:
Answer the question below to determine if this permit is relevant to your operation:
Questions:
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Have surface waters (including wetlands) on your property been dredged or filled?
If yes, you may need alterations permits, contact your Regional Water Quality Control Board.
For more information:
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Alteration Permits from the Regional Water Quality Control Board and CA Fish & Wildlife Agency may be necessary. Certification from the state verifying that the activity will comply with state water quality standards (404 Permits) and that discharges to the waters of the United States are appropriate (401 Certification).
Dam & Reservoir Permits
Answer the question below to determine if this permit is relevant to your operation:
Questions:
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Do you have a dam that is 25 feet or higher on your property? Do you have a water reservoir that has a storage capacity of more than 50 acre-feet? Are you planning an alteration of a dam on your property?
If yes, contact the CA Department of Water Resources - Division of Dam Safety for permitting needs.
Stormwater
Stormwater is regulated under the Clean Water Act, National Pollutant Discharge Elimination System (NPDES) which allow states to develop general permits for regulation of stormwater. California has an Industrial General Permit for discharges of stormwater related to industrial activity, and a Construction General Permit for stormwater discharges related to construction activity.
Industrial General Stormwater Permit (IGP)
Answer the question below to determine if this permit is relevant to your operation:
Questions:
1. When it rains, does stormwater leave your property?
If yes:
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If all of your industrial activities are covered by roofs, you may qualify for a No Exposure Certification (NEC) with the State Water Resources Control Board (SWRCB).
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If stormwater comes into contact with outdoor processing areas (grape receiving areas, crush pad, bulk wine transfer areas, etc.) and leaves your property you may need to file a Notice of Intent with the SWRCB to comply with the Industrial General Permit.
Stormwater Multiple Application and Report Tracking System (SMARTS) Guidance.
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You may qualify for a Notice of Non-Applicability (NONA) under the Industrial General Permit for Stormwater (IGP) if you can contain the maximum historic precipitation event (or series of events) or if you are disconnected from waters of the United States.
2. Do you plan any construction at your facility?
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If yes, you may need to file a Notice of Intent with the SWRCB to comply with the Construction General Permit for Stormwater (CGP).
For more information:
Process Water
Winery process water is water that has been used within the winery for cleaning, sanitation, and wash down activities; it excludes domestic and sanitary wastes. If your winery generates process water, requirements may differ if process water is discharged to land, treated onsite (in a treatment system or a subsurface discharge system), or directed to a public sewer system or a publicly owned treatment works.
Why the Regulation Exists:
Regulation of winery process water by local and state regulatory agencies exists to protect groundwater and surface water from contamination. Biochemical Oxygen Demand (BOD), salinity constituents, and nitrate are common constituents of concern in winery process water that all have the potential to have short and long term affects on surface water and groundwater.
Answer the question below to determine if this permit is relevant to your operation:
Questions:
1. Does your facility generate process water that is directed to a public sewer system or a publicly owned treatment works (POTW)?
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If yes, contact your county or city for more information on whether you need a use permit.
For more information:
2. Does your facility generate process water that is NOT directed to a public sewer system or a publicly owned treatment works (POTW)?
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If yes, contact your Regional Water Quality Control Board to determine if you need to apply for a permit.
For more information:-
See information on a Statewide General Order which was adopted in 2021.
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If your facility discharges winery process water to land, see: Individual Waste Discharge Requirements (WDRs)
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If groundwater monitoring is required see DWR’s Well Standards.
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If your facility treats process water onsite, see: Onsite Waste Treatment System (OWTS) – subsurface leach field.
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Domestic (Sanitary) Wastewater
Domestic (sanitary) wastewater is generated from bathrooms, kitchens, sinks, shower stations, food preparation, and laundry. This waste may be discharged to an onsite waste treatment system or subsurface disposal system.
Answer the question below to determine if this permit is relevant to your operation:
Questions:
1. Does your facility have kitchens, bathrooms, and break rooms that generate domestic and sanitary wastes that are directed to a public sewer system or POTW?
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If yes, contact your county or City for more information on whether you need a use permit.
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For more information:
EPA’s Pretreatment Program Guidance
2. Does your facility have kitchens, bathrooms, and break rooms that generate domestic and sanitary wastes that are discharged to an Onsite Waste Treatment System (i.e., subsurface leach field system or dry well system)?
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If yes, contact your local County Environmental Health Department for operation, maintenance, permitting, and reporting information. The State Water Resources Control Board has a Water Quality Control Policy for Siting, Design, Operation and Maintenance of Onsite Wastewater Treatment Systems (OWTS Policy). Contact your local Regional Board for more information on OWTS system operation, maintenance and permitting.
Background Information:
Regulation in Practice - What it Means for You:
Permits and reporting for water use are likely required regardless of your water’s source. For example, a water diversion or dam on your property does not guarantee rights to use that water source for your winery operation. Permits and licenses required for winery water supply and use include, but are not limited to, the following:
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Drinking Water Permit
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Appropriative Water License (Water Supply)
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Groundwater Well Registration (Groundwater Permits)
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Water Quality Certifications
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Stormwater Permit
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Wastewater Discharge Regulations Permit
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Onsite Wastewater Treatment System
Monitoring and Reporting:
Monitoring and reporting water use is managed at the state, regional and local levels. Due to the drought, maintaining accurate water use data is more important than ever and is used in reporting. The reports help regulating agencies make decisions on how to maintain a sustainable water supply.
State: The state requires water users to have a water right. Water rights law is administered by the State Water Resources Control Board (often called the State Water Board). The State Water Board is the only agency with authority to administer water rights in California. Local governments, water districts, and the California Regional Water Quality Control Boards do NOT administer water rights. To determine if you have a water right or need a water right permit or license, visit the Water Rights Frequently Asked Questions webpage to get started. Drinking Water Program Permit and water supply licenses such as an Appropriative Water License are administered by the State Water Board. Please note that some counties retain the right to administer Drinking Water Permits.
Regional: Nine Regional Water Quality Control Boards (often called Regional Water Boards) exercise rulemaking and regulatory activities by basins. The State Water Board coordinates and supports the efforts of the Regional Water Boards. View this document to help determine the region of your winery. Some Groundwater Permits, Stormwater Permits, Wastewater Discharge, Water Quality Certifications, and Streambed Alteration Agreements are regulated by Regional Water Quality Control Boards (and sometimes by the CA Fish and Wildlife Agency).
Local: Counties, cities and municipalities set the fee structures and reporting requirements when a winery’s water source comes from the city or local municipality. Additionally, for small Public Water Systems (PWS) defined as those with under 200 service connections, Local Primacy Agencies (LPAs) in 30 counties have been delegated the State Water Board’s authority to regulate all PWSs within their jurisdiction. Click here for a map of LPA counties.
Visit the Winery Resources page for additional information on winery water quality.