California Drought Impacts on Cannabis Cultivators
State Drought-Induced Water Right Curtailments
Despite California’s recent rainstorms, the state is overall experiencing extreme to severe drought that is the genesis for water restrictions for Cannabis operators who are Lake and Streambed Alteration (LSA) Agreement holders and divert water from surface water sources. Specifically, the California State Water Board (CAWB) has adopted emergency regulations in priority watersheds and is implementing diversion curtailments based on water right priority and regulation requirements. The priority watersheds are Bay-Delta, Russian River, Scott River, Shasta River, Mill Creek, and Deer Creek. Each watershed can have differing curtailments that can be found here.
[Source: www.waterboards.ca.gov]
Daily Impacts: Regular Forbearance Requirements in Addition to Water Right Usage Verification
As a reminder, the cannabis surface water diversions forbearance period ended October 31st. November 1 - December 14, the surface water diversion period begins when the daily average flow at the cultivator’s assigned stream gage is greater than the minimum instream flow requirement for seven consecutive days (Cannabis Policy, Attachment A, Section 3, Requirement 4). The first day of the seven consecutive days must occur on or after October 25. From December 14 to March 31, the cultivator may divert when the previous day’s daily average flow is greater than the minimum instream flow at the cultivator’s assigned stream gage, which can be checked daily on CAWB’s Online Cannabis Gage Mapping Tool.
Cannabis cultivators diverting surface water are required to:
Check the Online Cannabis Compliance Gage Mapping Tool daily, prior to diverting, to check and document if they are authorized to divert surface water;
Maintain daily diversion records for water diverted for cannabis cultivation; and
Verify if their water rights have been curtailed in response to the drought prior to diverting.
Mitigation Measures All Cultivators Can Take Immediately
CA’s drought problem doesn’t appear to be going away any time soon. Cultivators are encouraged to seek alternative sources of water to mitigate potential shortages. These alternatives include recycled water, desalinated water, stormwater, and graywater. The earlier Cultivators can implement use of alternative water sources, the less restrictions CAWB will need to enact. Remember to also check your local water supplier if you are not required to negotiate an LSA for cultivation operations.
Reach out to Global Go for consultation on water management compliance and alternative water sources for your operations, which can save money in water costs and even help prevent receiving fines as CAWB ramps up enforcement due to CA’s extremely arid conditions.