Kings River Water Quality Coalition Refund Policy
No Refund Policy
It is the policy of the Kings River Water Quality Coalition (Coalition) that no Member shall be entitled to a refund of Membership Dues, or any portion thereof, paid to the Coalition.
The General Order
On September 19, 2013, the Central Valley Regional Water Quality Control Board (Regional Board) approved the Waste Discharge Requirements General Order for Growers within the Tulare Lake Basin Area (General Order). The General Order addresses the discharge of waste from irrigated lands to groundwater and surface water and requires such all irrigated lands to obtain regulatory coverage either through a coalition or an individual permit with the Regional Board.
The Coalition & Membership Dues
The Coalition was formed to provide growers with a cost-effective way to comply with the Regional Board’s regulations, including the General Order. To cover the costs of compliance, the Coalition charges its Members annual dues (Membership Dues). Upon payment of such dues, the Member receives regulatory coverage under the General Order for the succeeding year. Accordingly, a Member is not entitled to receive a refund for Membership Dues paid to the Coalition because the Member has already received the benefit of regulatory coverage under the General Order for that year.
Change in Irrigated Acreage
Within 60 days of the start of the coverage period, beginning on July 1 of any given year, each Member shall inform the Coalition, in writing, of any change in irrigated acreage. Upon receipt of such written notice, the Coalition shall update the Member’s irrigated acreage and adjust the Member’s Membership Dues, accordingly. If a Member informs the Coalition of any change in irrigated acreage outside of this 60-day window, the Coalition shall not adjust the Member’s Membership Dues until the following year.
Example
If Grower “A” pays their Membership Dues in July 2024, covering 100 irrigated aces, Grower “A” shall receive regulatory coverage for those acres for that year’s coverage period (i.e., July 2024 through June 2025). If, during that 12-month period, Grower “A” sells 50 of those irrigated acres, Grower “A” will not be entitled to a proportionate refund of their Membership Dues. Instead, the Coalition will adjust Grower “A”’s Membership Dues for the following year’s coverage period (i.e., July 2025 through June 2026) reflect the new, reduced, irrigated acreage.
Exceptions
In the event of a natural disaster (e.g., flood, fire, or earthquake, etc.) beyond the reasonable control of the Member that destroys or otherwise damages the Member’s irrigated acreage, that Member may request and the Coalition’s Board of Directors (Board), in its sole and absolute discretion, may provide a prorated refund of that Member’s Membership Dues for the affected coverage period based on the amount of irrigated acreage damaged and the month during which the damage occurred (Request for Refund).
In support of this Request for Refund, the Member shall submit to the Board a written explanation of the facts surrounding the request, any local, state, or Federal declaration(s) regarding the subject-natural disaster, proof of damage or destruction to the Member’s irrigated acreage, and any other supporting information deemed relevant by the Member and/or requested by the Board.
If provided by the Board, this refund shall come in the form of a credit toward the Grower’s Membership Dues for the immediate succeeding year.
Example
If Grower “A” pays their Membership Dues in July 2024, covering 100 irrigated aces, Grower “A” shall receive regulatory coverage for those acres for that year’s coverage period (i.e., July 2024 through June 2025). If, during December of this 12-month period, the County of Fresno declares a flood emergency, and, as a result of that flood, 50 acres of the Grower’ irrigated acres are destroyed or otherwise damaged, Grower “A” may request a refund of its 2024 Membership Dues and the Board may provide a refund (in the form of a credit) of 50% of the annual prorated amount of Grower “A”’s Membership Dues for the remaining 6 months in the coverage period.