Well, here we are in the middle of March, the first day of Spring is just a few days away, and the month has seen a good six inches of rain and snow in most parts of the county.
Up here in the Laytonville area about 36 inches of rain has fallen, which is about two/thirds of the historical annual total of 67 inches. That is an insanely high level of rain compared to other areas of the county, not to mention desert-like Southern California which averages 10 inches or under for a typical year.
So it should come as no surprise that approximately 80 percent of the state is considered to be in drought conditions. Following record-setting precipitation last year, the first two months of the year were basically devoid of rain, and it appears there won’t be a “Miracle March” to get us out of another drought. Historically, California’s Mediterranean climate sees January, February, and March deliver statewide the highest amounts of rainfall. With two of the three historically wettest months gone bust, it’s not difficult to predict that resource agencies are working on water conservation plans and contingencies for drought rules.
This potential drought situation will play out in spades for our emerging cannabis industry under new legalization regulations.
I’m hearing from growers who have been visited by inspectors from the State Water Resources Control Board and the Department of Fish and Wildlife. They are being told that if they have an existing water right that they may not be able to divert water for growing pot during the summer. It’s called a “forbearance order,” i.e., they have to forebear from using water.
Of course, the State Water Board would have to formally issue such an order, but it’s definitely within the Board’s authority to do so, and they’ve been warning the public for the past six months to more or less expect it.
Under a forbearance order, growers with a water right would be allowed to divert water for “human consumption” and other “beneficial purposes,” such as drinking, bathing, toilets etc. They also would (most likely) be allowed to divert water for vegetable gardens.
There are rather serious consequences to violating these water rules. A local grower provided me with a copy of a document given him by an inspector. For example:
• Substantial diversion or obstruction of natural flow, or alteration of a stream bed, bank or channel is a misdemeanor subject to one year in jail and a $2,000 fine. Violations in connection with the production or cultivation of a controlled substance are subject to a civil penalty of up to $10,000 for each violation.
• The diversion, or use of surface water, without a valid Water Right, is a trespass. You face fines of up to $500 a day. During a drought year, you face up to $1,000 a day, and $2,500 per acre-foot of water diverted.
• Water diverters must file a Statement of Water Diversion and Use with the State Water Board, or face a civil liability of $1,000 for failure to file a statement and $500 a day for each day the violation continues after receiving notice.
• During a drought, you face a civil liability of $500 a day for violating a term or condition of a permit, license, certificate or registration under a regulation adopted by the State Water Board.
Speaking of the local cannabis scene, just a few weeks ago, county officials announced with much fanfare the hiring of a new Agriculture Commissioner to succeed Diane Curry who had served in the same capacity on an interim basis for the past year or so.
In her final appearance before the Board in late February, Curry candidly revealed there were some big problems with the pot program, such as in her estimation only 50 percent of current applicants would “be lucky” to get through the cannabis permitting process.
She also warned the Supes, “The state agencies are looking at us. They want us to have a robust program, something with integrity. How do we not fulfill that by not fulfilling the ordinance?”
That’s a pretty damning indictment of how county officials are handling their pot ordinance.
Anyway, the new Ag Boss, Joseph A. Moreo, on the day he was hired explained, “I was drawn to work for Mendocino County as it begins the process of merging a traditional agricultural community with the emerging cannabis industry. I feel my years of experience will bring stability to an office facing huge changes in a rapidly shifting environment.”
On the fifth day of his fledging career with Mendocino County, Moreo announced his resignation, and to date no reason has been given by any one in charge about what prompted Moreo’s about-face departure. So much for his promise to “bring stability …”
Seems Mr. Moreo saw all he needed to see about the county’s cannabis mess to know that this one mess he wanted no part of.
By the way, Curry has now been reinstalled as interim-Ag Commissioner once again.
credit:ukiahdailyjournal.com
