http://www.willitsnews.com/ci_27154530/water-board-moves-forward-marijuana-regulations

http://lostcoastoutpost.com/admin/blog/post/10289/

Given that the number of marijuana gardens (25,000, he estimates on the North Coast) has grown tremendously in the last few years, Cris Carrigan, Director of the State Water Board’s Office of Enforcement, said that his agency in a joint project with California Department of Fish and Wildlife has funded seven new wardens and biologists as well as eleven Water Board Staffers (scientists, engineers and one lawyer) to be part of a pilot project to reduce the impacts of the industry on the environment.

“I don’t think the existing law enforcement model is working,” explained Carrigan. “We have sediment issues that haven’t existed since clear-cutting.  We need to get our arms around this and the only way we know how to do that is with regulation.”

Cris Carrigan, Director of the State Water Board’s Office of Enforcement, doesn’t think

Joint project with CA Dept Fish and Wildlife funded  7 wardens and biolgists and 11 waterboard staffers scientists engineers and a lawyer Multidisciplinary pilot project. One component try to develop a regulatroy program to adddress …people who are cultivating cannabis outdoors on private land. We would like to regulate discharge of pollutants and athe diversion of water in a way that offsets the delitorious impacts that are occurring suchas sediments, pesticides, fuels like diesel, rodenticides, human waste,  That is kind of our main group of pollutants sthat we find being discharged into our surface streams.

We also like to …regulate the unauthorized diversion of water.  The streams are drying up for the first time in recorded history cannabis cultivation is acontributing factor. To protect the salmon and other species that thrive in those habitats we need to make sure adequate flows in springs. To do that we need to make sure that cannabis cultivators and others are not diverting water unless they have a right to do so.

Opportunity for input from the public  Firends of the eel River cannabis cultivators those intersted in property right those interested in protecting species.

requirements that management plans that requre appropriate management of fuels , sediment same kinds of things we put in permits for timber harvests road buildings and things of that nature.

The type of permit 

Chief office of enforcement. 

Enforcement and outreach education

BMP Best management practices to control sediment and discharge of pollutents. 

I’m pretty srue the permit We will ask the permittee to demonstrate that they have a water right and engage in appropriate measures so that they aren’t wasting water.

Make sure that his site is designed so that it pervents sediment runoff

he has a water right (Complicated depends on location of parcel)

Not overusing

Design operation so that it minimizing pollutents fertilizers

Contai n their activities on their site. So as little as possible gets to the water.

The board is contemplating a three tiered system.

Some may be exempt. doesnot require sign up or payment of a fee.  Flatter ground not on riparian forest low or no possiblility of runoff

Second tier. Larger operations that involve significant amount of grading enroll in the program and pay a fee.

Big operation 3rd tier. Already caused water quality impact. Repair. Streambank modifications. Higher fee.

We will allow the development of coalitions collect fee submit on behalf of their members also do monitoring. 

This has been very effective in the dairy programs in the central valley. Instead of us dealing with 150 growers who are members of the coalition we would just deal with the coalition. 

I think there are some groups. Emerald Growers Small farmers. Poised to serve that need. ANy cultivator could choose to be a member of the coalition or be individual.

Need a waterboard permit. There may be other permits that may or may not be required. Stream bed permit may be needed depends. Our permit would tell them if they needed the other permits. We’ll tip him off that he needs to contact say Army Corp of Engineers.

We’re not looking for his facility to be in complete compliance right off the bat. We are looking for if he is making a good faith effort at compliance. When we go out and look at facilities and do inspections. We’ll give them the information to be in compliance.

We won’t inspect every property. We don’t do that in any industry. We will only be able to do certain numbers. If we do inspect then if he needs to do better then we’ll help him. If we go back and he is slacking then it might be an enforcemtn action. 

My best estimate that there might be hwy 20 and the Oregon Border. 25000 I could never go to that many sites.  We will go to enough to show that if people aren’t making a good faith effort there will be consequences.

To high value watersheds we will focus our compliance efforts.  it is premature. 

We are not going to look on flat land that is away from watersheds unless there acute problems. We want to focus on certain streams We would hope that the property owners in that area. I think most people want to coexist with thenatural environment. But there are a few bad actors that are spoiling the situation for everyone. We wnat to put those people who want to come compleane subsistance model and I want to put those who are not good faith actors into the enforcement model.NOT quote: Most people on private land are wanting to be in good with land.

There is a lot of need for conserve water and use it more efficently, need to teach people manage their site and their sediment appropriately graded slopes. Access roads that are graded in accordance with BMP. but ethere are a lot of people who are receptive to that.

If he comes in we’re going to give him a permit if he pays the fee based on his promise that he is going to be in compliance. If we come out, and he is just a little bit out of compliance then we’ll work with him If he hasn’t made any effort then

Right now we are developing the permit North coast reginal water quality COntrol board. PErmit will be out for public review and comment. After the first of 2015  three months out from now?  Then the board adopts the permit it is fair to say that there will be a permit in effect before June. He can enroll through the coalition. They will act as liason between joe and the board.

That is the kind of operation that  no stream crossings, would be probably exempt. This is what we’re contemplating. 

Consent or a warrant to access a property to do an inspection. If we were looking at chocolate water running into a stream we might knock on his door. We would always trying to get consent first. But if Joe says no then we would go get a warrant. We have people in every industry that insist on a warrant.

I know some people don’t feel all warm and fuzzy about the government so that is find we can dot throught the process and get a warrant if the person is not willing to get consent. .

If we go to Joe’s we are probably look at Joe’s neighbors house too. WE’ll probably look at several facilities in the same area. 

We’ll probably be working in a neighborhood or along a road. Then moving on to the next spot.

Need a management plan. It puts the burden on the landowner. Here’s how I’m going to control sediment runoff. put it on flat land or divert the runoff to a pond or a depression that prevents it from going to the natural stream course” We’re not looking to strictly dictate terms that may not fit a particular location. We want them to have a plan This is my business model. Some that are black and white like fuel storage or human waste.  They have to be managed in accordance with couthy health codes. 

At least for now with the Fand Wildlife wardens or the sheriff’s to secure the sites. All we have done so far have been peaceful discussions with a couple of civilian people. That’s not it we’re not doing eradication. We will do it if we have persistant violation. It is not our first or second That kind of action is reserved for egresious violaters.

If joe has permited and paid his fees and we’ll go to the next parcel to try and find the source of the discharge. We are not in the business of determining if the cultivation of cannabis is…it doesn’t matter to us. IT matters if the things surrounding it is effecting the water supply. That is what we care about. We don’t regulate that we regulate water quality and water supply. I can’t speak for other agencies. We are trying to work with those agenices so that we can work cooperatively and take out the bad actors and assist those who want to be good business people. From the water boards perspective wer’r only concerned about the w quality and w supply “We’re content neutral about cannabis culti so long as it isn’t effecting water supply and water quality.”

I don’t think the existing law enforcement model is working. We have sediment issues that haven’t existed since clearcutting.  We need to get our arms around this this and the only way we know how to do that is with regulation..

Popel have lived with this for quirte a while and they know their nephew their family is involved with this and they are not bad people we can work with them.

in the nc people have lived with this and they all know people who are invovled with cannabis at some level and they aren’t bad people and thea tgives me a sense of hope that we’ll be able to work with  local officials in a regulatory approach. 

Send me a link cris.carrigan@waterboards.ca.gov

Chris.