(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.

(Amended by Stats. 2003, Ch. 742, Sec. 3. Effective January 1, 2004.)