1. Cannabis Cultivation: A Growing Threat to California’s Water Quality
Urban water institute’s spring water conference
Presented by:
Yvonne West, Senior Staff Counsel, State Water Resources Control Board Office of Enforcement
February 9, 2017
Cannabis Cultivation: A Growing Threat to California’s Water Quality

2. Multiple Agency Task Force Formed in 2014
BACKGROUND
Multiple Agency Task Force Formed in 2014
Water Boards’ Cannabis Cultivation Regulation and Enforcement Unit (CREU)
California Fish & Wildlife Watershed Enforcement Team (WET)
Tasked with - reducing the adverse impacts of cannabis cultivation on water quality and on fish and wildlife, and to fulfill the legislative task of expanding the pilot project state-wide.
Background:

3. The Problem Illegal Water Diversions Illicit Grading Activity
Chemical Usage
Domestic Wastes
Threats to Wildlife
Timber Conversion
Public Safety

4. Medical Cannabis Regulation and Safety Act
Legal Authority
Medical Cannabis Regulation and Safety Act
Comprised of a series of bills that together establish the first statewide regulatory system for medical cannabis (AB 266, AB 243, and SB 643 )
Governs the cultivation, processing, transporting, testing, and distribution of medical cannabis
Designates the roles and responsibilities of the agencies involved in the regulatory system

5. MCRSA Cont. Legal Authority State Water Resources Control Board
Work in consultation with CDFA and CDFW to ensure individual/cumulative effects of cannabis cultivation do not harm instream flows
Consult with CDPR regarding the application of pesticides for indoor and outdoor cultivation of cannabis
Coordinate with CDFW to establish a permanent multiagency task force
Address discharges of waste resulting from medical cannabis cultivation and associated activities

6. Legalization of Nonmedical Cannabis Under Proposition 64
Legal Authority
Legalization of Nonmedical Cannabis Under Proposition 64
Obligations under Prop 64 are similar to those under MCRSA:
Cultivators must comply with “any requirement imposed to protect natural resources, including, but not limited to, protections for instream flow and water quality” prior to being granted a license. (Bus. & Prof. Code section )
State agencies “shall address environmental impacts of marijuana cultivation and shall coordinate when appropriate with cities and counties and their law enforcement agencies in enforcement efforts.” (Bus. & Prof. Code section )

7. MCRSA vs. AUMA Legal Authority MCRSA - Effective date: January 2016
Deadline for statewide regulations: January 2018
In the meantime: local ordinance/regulations developed by counties and municipalities set license terms and permitting
AUMA/Prop 64 - Effective date: November 2016
For use and possession (not sales)
Licenses/permits for cultivation and sales:
January 2018 non-medical cultivation under one acre
In 2023, the one-acre limit will no longer apply

8. Program Components Program Multiagency Coordination Regulation
Enforcement
Outreach & Education

9. Regulation WATER QUALITY
Statewide General Waste Discharge Requirements for Cannabis Cultivation Sites
Public Comment/Board Consideration
Fall of 2017
WATER RIGHTS - Division of Water Rights
Interim Principles and Guidelines
Small Irrigation Use Registration Program

10. Interim Principles and Guidelines
Developed by State Water Board in consultation with California Department of Fish and Wildlife
For diversion and use of water for cannabis cultivation in areas where cultivation may have potential to substantially affect instream flows

11. Small Irrigation Use Registration Program
Use principles and guidelines as conditions for the Small Irrigation Use registration program that can be applied statewide to support cannabis cultivation

12. Interim Principles and Guidelines Projected Timeline
Release policy, with principles and guidelines, for public review (60 days): March- May 2017
State Water Board meeting for consideration of proposed principles and guidelines: Fall 2017

13. Contact & Additional information
Ms. Yvonne West (916)
Office of Enforcement
State and Regional Water Board cannabis cultivation information available at:

14. Possible Concerns for Urban Water Systems
Scope and type of cultivation in your community?
Characteristics of Discharges ?
Impacts on Municipal Water Systems?
Need for Pre-Treatment Program?