Last Tuesday , the Humboldt County Courthouse in Eureka , California was stream with pothead . A pro - cannabis rally had been organise by State Assemblymember Jim Wood , who knows how to snap up headlines : In July , Wood walk onto the State Capitol floor carrying a live marijuana plant and asked his co-worker to regulate the heck out of it .

“ raiser are going to have to comply with the same kinds of rule that distinctive Fannie Merritt Farmer do . So they ’ll have to follow with all the environmental jurisprudence . They ’re going to have to manage and pimp their water in the same manner and they ’ll have to deal with pesticides the same way , ” Wood sound out . “ It ’s going to be do by like an USDA intersection . ”

Marijuana regulation is going to have a massive effect on California ’s water problems , but not in the way you might think . This is the land ’s singular opportunity to pop a new kind of saving - stimulating piss policy from the ground up that also protects the environment . It ’s a prospect to orient the state ’s water management towards a drought - proof hereafter .

Illustration by Tara Jacoby

Illustration by Tara Jacoby

Regulating the marijuana industry will reserve California to prototype Modern ideas for body of water which could trickle down to the rest of the state ’s agriculture .

“Weed Is Sucking California Dry”

Although medicative marijuana has been legal in California since 1996 , the industry has sustain from lack of superintendence from government officials . James Leonard Farmer are inconsistently direct for growing infraction ( which federal law still deems illegal , by the way ) . Earlier this year , a vituperative environmental study accuse some grower of hive off idle rivers , and the cannabis industry had a new problem : It became a whipping boy for the United States Department of State ’s H2O problems .

Publicationsscrambled to reportthedisturbing studyby the California Department of Fish and Wildlife that claim to find marijuana cultivator steal water . Of four Northern California watersheds examined , three were threatened by illegal diversions , including creeks that were home to protected fish like coho salmon Salmon River and steelhead trout . FromVicetoPBScame the breathless judgment that Californians ’ pot riding habit might actually be exacerbating the drought . My favourite headline was that California had been left “ high-pitched and juiceless . ”

It ’s not very difficult to frame the state ’s burgeoning ganja manufacture as public enemy # 1 when it comes to drought . Farmers are governed by a checker board of loose local ordinance which vary from county to county . But while the subject was meant to fetch attention to the environmental impact due to water diversions , it also inadvertently highlighted the pauperization for ordered , oecumenical regulation across the United States Department of State .

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Outdoor marijuana plantings are marked in red and greenhouses are marked in light green in this survey of the Salmon and Redwood Creek watersheds. Image: California Department of Fish and Wildlife

Since 2013 a mathematical group of environmental scientists from the California Department of Fish and Wildlife have studied the impact of marijuana production along several streams occupy with threaten Pisces . They looked at high - atomic number 75 aerial picture taking to gauge the number of marijuana plant being grow along tributary of the four catchment area in interrogative sentence , then compared those numbers with stream menses amounts . In three of the four watersheds , they conclude that the water demand of marijuana irrigation was having an severely adverse force on amphibian habitat , in some cases reducing flow up to 23 % in already - low streams .

But the section also needed to confirm their estimates on the ground . So working with the North Coast chapter of the California State Water Resources Control Board , which has a special team devoted to marihuana , the task force visited over 100 farms for surprisal inspections , handing out a handful of small-scale violations as well as one major amercement for $ 300,000 . The initiative was describe Operation Emerald Tri - County , nodding to the three heaviest pot - bring on counties known as the Emerald Triangle .

AScientific American storyincluded a theme from the field by DeWayne Little , a deputy with California Department of Fish and Wildlife ’s Watershed Enforcement Team :

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A small growing operation in Mendocino County. AP Photo/Eric Risberg, File

“ We have grows that are with child than ever , ” Little prove during the hearing , which was also webcast live . “ Streams are being diverted at an alarming rate . ”

Little cited a late example of a portion of stream his squad encounter near Fish Lake in Humboldt County in which mickle Fannie Farmer were using premature ventricular contraction organ pipe , Dixie cup , funnel and even 2 - liter Pepsi bottles to divert water for 5,000 plants .

“ There literally was n’t a drop of water left after that diversion , ” he added .

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Watering young plants at a Sacramento dispensary. AP Photo/Rich Pedroncelli

Operation Emerald Tri - County also included ahighly air raidon eight farms in Island Mountain in Humboldt County , where the team found serious environmental violations and discovered that all but one farm did not have the correct documentation that they were growing for medicative purposes . A staggering $ 26 million of pot was confiscate , making even more newspaper headline , and anger cultivators who argue they were suddenly being unfairly direct .

“ Of of course there are people who illegally hive off from rivers , ” one cultivator who asked to be called The Chancellor tell me . “ But the rest of us are taking the drought very , very seriously . All those the green lawn and swim pool and almond farm — there ’s a system coiffure up to order them . We ’re an well-to-do quarry . ”

When it comes to water role specifically , it seems outrageous to hand out a violation when there was no readable definition of compliance . Some farmers might be doing the correct thing , but without being want to be accountable in any way to the state , why would anyone think them ?

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An example of an illegal diversion in Sequoia National Forest near Fresno. AP Photo/Rich Pedroncelli

The Growing Industry

California is currently home to an estimated 50,000 pot farm . That ’s not prescribed , of class , since there ’s no real manner to count them , but it ’s a routine that ’s universally jibe upon by several state organizations I spoke with . About 60 percent of all the weed raise in the US comes from California , and although there are no sale number , it ’s easily a billion - dollar diligence .

For some comparison , there are about 4,000 wine maker in the nation . Just in Northern California ’s Humboldt County alone — home to the highest denseness of marijuana production in the Department of State — there are about 4,000 pot farms .

Although the Emerald Triangle has been known as gage - growing part for decades , in 1996 Proposition 215 legalized Cannabis sativa for aesculapian employment in the body politic , which change the legal landscape importantly . The liberal binge that you read about now are usually crackdowns on “ trespass grows”—people planting on public lands . As any cultivator in the area will tell you , even if you ca n’t prove you ’re growing for medicinal purposes , low farms have been largely tolerated , as long as they ’re on private land .

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New products like Kiva’s cannabis chocolates are helping to position marijuana to be more like wine than weed. Image: Kiva Confections

I say small “ farms ” but even that is a misnomer . These are evidently not the distinctive Big Ag functioning with tractor grind through century of Acre of crops . A majority of the marijuana cultivation is bump in the stereotyped way you might envision it : A cluster of plants—20 or so — tucked into a verdant redwood forest . Some growers might be create enough to induct in infrastructure like drip irrigation and greenhouses . But many are plainly swear on whatever precipitation falls from the sky . Which latterly , has been less and less .

However , weed is a cash crop like no other — if you have the body of water to grow it . A account by the University of Denver ’s Water Law Review contribute adetailed economical breakdownof grow marijuana vs. growing potatoes on the same amount of land . All of the price is built into water , but the “ return ” for marijuana is much higher , says editor Nicholas Rising . “ The cost of obtaining water sufficient to maintain the marijuana growing operation may constrain production , but clearly , there is an economic vantage to growing gage . ”

And one more kind of obvious thing : It has n’t been task . So if you’re able to get the H2O you need , you’re able to gain far more from grow marijuana than growing pretty much anything else . There ’s no real roadblock for entry , no permits to be procure , which is why so many people are getting into the wad business . It ’s also why some people — not all — take dire measures to procure water supply . The industry is grow , and if go forth ungoverned , there would certainly be irreversible damage inflicted upon the state ’s instinctive resources .

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A Thirsty Crop?

Cannabis is not aboriginal to California , it ’s endemic to regions of Central Asia and Northern India that get a flock of rain . The same literary criticism that we ’ve get to levy upon California farmers who mature non - aboriginal crops like rice , for case , might be fair secret plan . The California Department of Fish and Wildlife survey note that it takes double as much urine to grow marijuana as it does to grow wine grape ( although , to be fair , wine requires extra water to actually serve those grapes into wine-colored ) .

It ’s intemperately , however , to find exactly how much water is needed to grow pot . The affair about marijuana is that cannabis plants motley widely in size , and thus so does their water usage .

Unlike , say , an Prunus dulcis tree , which needs to be set outdoors and usually progress to a fairly stock stature , cannabis can also be grow indoors , where plants are smaller but sometimes more productive , say Scott Palmer , CEO ofKiva Confections , a San Francisco - based companionship that produce cannabis - infused coffee products . “ You may see mature plants in an indoor cultivation as scant as three feet or even smaller , while an out-of-door cultivation can grow plant that are over 15 foot in height — literal trees . So it ’s hard to peg down a specific act when it comes to water phthisis . ”

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The field of study by the California Department of Fish and Wildlife figure that marijuana plants used about 5.8 gallons of water a Clarence Day , a number that seemed on the high end to the marijuana industry people I spoke with . The discipline even accommodate this : Their estimates were based on hydrology estimates , not meter . One of Kiva ’s outside cultivators whose plant life were bear to give 10 to 11 feet at matureness estimated water usage at about five gallon a 24-hour interval . But other cultivators I verbalise with — especially those who were rationing due to the drought — were using far less per plant .

One cultivator , who wanted to be called Dr. D , gave me a breakdown , which he knew down to the drop because this twelvemonth he had to buy urine to keep his works alive . In early summer , Dr. D say that he bought water eight times at 2,600 gallons each meter , which work out to 20,800 gallon purchase . He had 99 works in a greenhouse and irrigate each industrial plant two gallons per day for 12 weeks ( 84 days ) which mean he used 16,632 Imperial gallon of water . After 12 calendar week he reap and had 115 British pound sterling of marijuana to deal .

If you go by what he says he watered ( two gallons per day ) , it work out to 144.6 gal per pound or 9 gallons per troy ounce of weed . If you go by what he bought , that act upon out to 180 gallons per pound or 11 gallons per ounce of marijuana . You have to imagine you lose quite a bit of water to evaporation or in transfer or if he watered extra on a specially warm day . We could say 11 to overcompensate for other farmers who might water a bite more .

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All of this is to essay that , if maturate responsibly , weed is not outrageously water - intensive , but also it shows how some raiser are already extremely diligent about saving body of water . There are plenty of tips post on agriculturalist content boards for building rainwater catchment system and mulch techniques to hold back in wet . The Chancellor sound out there ’s also been a plenty of talking about developing more drought - resistant plant . “ One affair we ’ve been singular about is using grafts , ” he says . “ film mayhap a drouth - resistant indica and using the rhizome to transplant sativa onto it . ”

Regulate Us, Please

No matter who I talked to for this story , from dispensary owners to cultivators , I heard the same thing when it come to regulating : Everyone urgently want to be compliance with the law . The three bills — Assembly Bill 243 , Assembly Bill 266 , and State Bill 643 — will produce a Bureau of Medical Marijuana Regulation , start label and testing all marijuana products , and place up a licensing and permitting system for growers by 2018 . This is the most of import part of the regulations because it include a way to apply them .

A few years ago Mendocino Countyenacted its own permitting systemfor file marijuana farms , which seemed to work relatively well . But it ’s difficult for law enforcement to stay on top of things like review , especially for a program that has no funding . recently , all oversight has been falling to environmental group like the California Department of Fish and Wildlife and the regional water boards , which , answer it to say , already have spate of workplace to do . ( The water system boards could not comment on pending legislating . )

The biggest impingement that the three bills will have is make a consecrate marihuana industry squad consisting not only of law enforcement officials , but also more scientists , says Scott Bauer , Senior Environmental Scientist at the California Department of Fish and Wildlife , and the lead writer of the biz - changing watershed study . “ This is the potential for us to have a large forcefulness , which to me would be the most critical constituent . If there ’s more personnel office , it will help us modulate water function . ”

Photo: Jae C. Hong

clear defined superintendence has many benefits . write in Rolling Stone , S.E. Smith argues that just the elementary act of regulation will help farmers to choose more responsible methods for where and how they develop their crops : “ Permitting legal emergence of marijuana encourages grow to come down from the hill , abandoning ecologically vulnerable areas that are n’t suited for farming . ”

But there ’s another risk for suddenly applying regulations to what has thrived as an essentially pitch-black market manufacture for X , agree to a studyby Ryan Stoa , a Senior Scholar at Florida International University who specializes in environmental and natural resources law .

He spent the last few month question cultivators and scientist throughout the Emerald Triangle and believes that some regulative water right issues still involve to be worked out — especially because so much of the state ’s meagre rain fall in those northerly counties where spate finish is expand . “ If you take a really heavy - handed approach to regulation , multitude will stay on the black market , ” he says . “ governor postulate to find that delicate balance between regulating that protect the environment while cater incentives for husbandman to take part . ”

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There ’s very small common law here . In Washington , for object lesson , part of their legitimation policies included allow grower to use groundwater without a permit ( tap the already overtaxed groundwater system of rules is not an option for much of California ) . Colorado , on the other handwriting , has no water legislation specifically for marijuana refinement .

Serving as a Model

By the end of next class , it ’s possible that 16 more states will have legalized unpaid use of marijuana , include California , which will in all probability have it on the November 2016 balloting . As part of that legalization process , every state will have to adjudicate how to apportion water fairly to facilitate those process grow . But what California ’s doing now could make it a insurance leader .

There ’s spoken language in the newfangled res publica bills which encourage the growth of little businesses — for now , farm will be qualify to an acre in size . This will help to conserve pee and tighten impact , but this also promotes biodiversity . The monoculture approach has been a huge criticism of the corporate entities which produce much of the state , especially when it ’s piss - intense solid food like Prunus amygdalus or alfalfa . Too much of one craw is n’t proficient for the province ( even if it brings in a whoreson ton of money ) .

In California there ’s talk about turn over the weed industry into something more like the wine industry , with regions divide into appellative and development incentives that encourage tourism . If that ’s the model the state choose , they actually have a very well water policy model from establishing the state ’s newcomer wine industry a few decades ago , tell Bauer .

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“ The cannabis manufacture pronounce they ’re being picked on , but in wine country we spent a lot of clock time with vineyards tolerate water use and getting them to stack away water system , ” he says . “ If the agriculturist were to capture water in the winter and stash away it , one if the biggest water issue would be apportion with . Every site we go to , almost everybody does n’t have enough storehouse . ”

That also hints at another prominent deterrent example that all farmers need to learn in this unexampled era of conservation , where drouth is normal and you ca n’t trust on surface H2O . Reconfiguring thestate ’s arcane piss rightscould apportion water more fairly to more farmers and drive some who are accustomed to limitless supplies to think seriously about how to save and store water . By being forced to plan ahead from the offset , marijuana grower could go the way with good solutions that might be borrow by other farming products .

California ’s lawmaker have a real opportunity to put smart policies in spot that will determine how the state allow water to this billion - dollar sign craw . If and when pot ’s totally decriminalise , this would assist regularise a newfangled era of responsible water management — control that the land ’s natural resources are protected while fuel what will likely be California ’s biggest income - generating industry of all sentence .

Justjune

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