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the CWA has provided a major incentive for advancing water recycling by offering funds to local governments for construction of waste water treatment facilities under the act's Clean Water Grants Programs. boards in consultation with the Department of Heallh Services (DHS). Title 22, last revised in 1978, requires DHS to develop bacteriological and treatment standards for each level of treated water that is recycled or reused. The regional water boards issue permits for individual water recycling projects in accordance with statewide criteria established by DHS. State discharge standards for reclaimed water and its reuse are reguiated by the Water Recycling Criteria, known as Title 22 (Cali- fornia Code of Regulations), and the 1969 Porter Cologne Water Quality Control Act. Effluent treat- ment standards are set and enforced by the state's nine re- gional water quality control Publication of specific California regulations, how- ever, is significantly behind what is happening in the field. Revisions to Title 22, currently in dralt form, are proposed to cover current non-potable uses of recycled water. The revamped Title 22 will include water recycling criteria for recreation uses involving body contact with water; industrial and commercial applications; agricultural and residential irrigation; and loilel flushing. \ . The 1991 California Water Recycling Act set water recycling objectives of 700,000 acre-feet by the year 2000 and 1 million acre-feet by 2010. The state is expected to meet its recycling goals, according to DWR and the U.S. Bureau of Reclamation (Bureau). In 1995, state legislation replaced the term water "reclamation" with "recycling" in all California codes and regulations. 'to If'< r The California Department of Health Services is responsible for developing water treatment standards for rec.vcled ~vater. RIGHTS TO RECYCLED WATER Who holds the right to recycled water is far Irom a settled matter. The basic premise Is that a wastewater treatment plant owner holds the first right to the recycled water. These rights are superior to those of the water supplier unless there is an agreement to the contrary. However, conflicts can arise when a treatment plant owner wants to sell the recycled water, or proposes to recycle the water, it normally discharges to a waterway serving other downstream beneficial uses. discharged or where/how that water is used, the California State Water Resources Control Board (State Board) - which allocates waler rights - must approve those changes. The proposed changes, generally, will not be approved if there is any injury to legal users of the water or if there is an unreasonable eltect on fish and wildlife downstream of a water treatment facility. By case law, many public agencies have the right to withdraw groundwater replenished with recycled water. Extraction rights also have been established in adjudicated groundwater basins, where a court determines the groundwater rights of the affected parties. A 1975 court decision held that public agencies storing water originating in another watershed in a groundwater basin have the right to extract it for beneficial use. Additionally, state statues 13540-13541 allow for injection of recycled water into ground- water basins provided the health department outlines criteria for the procedure on a case by case basis. Legal experts disagree as to the extent of a treatment plant owner's right to recycled water versus that of downstream interests. Downstream appropriative rights holders (and in some instances, public trust uses for the environment to meet fish and wildlife needs) may gain rights to the discharged recycled water through prior use, thus making their rights to discharged recycled water superior to those of an upstream treatment plant owner. If a treatment plant owner wants to alter where the recycled water is 8