Attention California cannabis cultivators! California Bus. & Prof. Code section 26051.5(b)(7) requires that all applicants seeking a license to cultivate cannabis must identify the source of their water. Further, Bus. & Prof. Code section 26060.1(a) – (c) spells out the particular disclosure requirements for cannabis cultivators depending on the source of their water. The recent passage of AB 133 has extended the deadlines to submit water source identification forms to the State Water Resources Control Board (“State Water Board”). Cannabis cultivators now have until October 31, 2017, or January 1, 2019, (depending on the source of your water) to submit the required water source forms to the State Water Board. Outlined below are the forms and filing deadlines required by the State Water Board to comply with the water source regulations for commercial cannabis cultivators:
- If your water is currently being diverted under a riparian water claim you must submit an Initial Statement of Diversion and Use to the Division of Water Rights (“Division”) on or before October 31, 2017. This form can be found by visiting here.
- If you plan to appropriate water for the cultivation of cannabis then a pending application to appropriate water must be filed with the Division on or before October 31, 2017. This form can be found here.
- If you plan to divert and use water under a riparian right and a diversion has not occurred in the years between January 1, 2010 and January 1, 2017, then you must file Form 19332.2(b)(4) on or before January 1, 2019. Form 19332.2(b)(5) can be found here.
- If your water is from a spring that does NOT flow off your property, and the aggregate of all diversions does not exceed 25 acre-feet in a year, then you must file Form 19332.2(b)(4) with the Division by January 1, 2019. This form can be found here.
- If the source of water is a groundwater well in Los Angeles, Riverside, San Bernardino, or Ventura Counties and more than 25 acre-feet is extracted per year with a notice on file with the State Water Board for groundwater extraction and diversion, then you must file Form 19332.2(b)(4) by January 1, 2019. This form can be found here.
- If the diversion of your water is regulated by a Watermaster and included in annual reports filed with a court or the State Water Board, then form 19332.2(b)(4) must be filed by January 1, 2019. This form can be found here.
If you are a current cannabis cultivator or planning on cultivating cannabis in 2018 and beyond, and are confused about the State Water Board requirements concerning the source of your water, then we are here to help. McAllister Garfield, P.C. has expanded into California in the past year in order to prepare for full regulation in the largest cannabis market in the U.S. and founding lawyer Sean McAllister personally became licensed as a California lawyer. The Firm has lawyers in San Diego, Los Angeles, and San Francisco and works with clients throughout the state. If you are interested in the California market, or have questions about the Los Angeles market in particular, do not hesitate to contact us.
Navid Brewster, Esq.
McAllister Garfield, P.C.
Los Angeles, CA Office