Extension of Deadline: State Water Board Forms to Comply With CalCannabis Cultivation Licensing

October 3, 2017 at 4:17 PM

This is a message from the State Water Resources Control Board.

Governor Edmund G. Brown Jr. signed AB 133 on September 18, 2017, which, in part, extends the deadlines to submit forms to the State Water Resources Control Board (State Water Board) to comply with CalCannabis’ water source identification requirements for cannabis cultivation licensing. Cannabis cultivators must identify their water source as part of their CalCannabis application to the California Department of Food and Agriculture to obtain a license to commercially cultivate cannabis. You may need to submit documentation of your water source to the State Water Board as described in this announcement, although not all water sources require completing additional forms.

Note: This announcement is to provide updated deadlines and does not introduce new requirements. You do not need to re-file the forms listed below if you have already submitted documentation of your water source to the State Water Board.

Please review the following to determine if the new deadlines affect you. The deadlines are specific to cultivators who wish to submit their CalCannabis cultivation license application before January 1, 2019.

If you currently have a Small Irrigation Use Registration (SIUR), Permit, License, or plan on filing for an SIUR, the statutory deadlines below do not apply to you, but you will need to include appropriate documentation of your water right in your CalCannabis application.

If water is already being diverted under a riparian water right claim, an Initial Statement of Diversion and Use must be on file with the Division of Water Rights (Division) on or before October 31, 2017.Form is available athttp://www.waterboards.ca.gov/waterrights/water_issues/programs/diversion_use/docs/intl_stmnt_form.pdf

A pending application to appropriate water must be on file with the Division on or before October 31, 2017. Form is available at: https://www.waterboards.ca.gov/waterrights/publications_forms/forms/docs/app_form.pdf

If you plan to divert and use water under a riparian right and no diversion has occurred in any calendar year between January 1, 2010, and January 1, 2017, then Form 19332.2 (b)(5) must be on file with the Division on or before October 31, 2017. Form is available at:http://www.waterboards.ca.gov/waterrights/water_issues/programs/registrations/docs/form_b5.pdf

If your water diversion is from a spring that does NOT flow off the property on which it is located, and the aggregate diversions do not exceed 25 acre-feet in any year, then Form 19332.2 (b)(4) must be on file with the Division on or before January 1, 2019. Form is available at:http://www.waterboards.ca.gov/waterrights/water_issues/programs/registrations/docs/form_b4.pdf

If your source is a groundwater well in Los Angeles, Riverside, San Bernardino, or Ventura counties that extracts more than 25 acre-feet in a year and a notice is on file with the State Water Board for the recordation of groundwater extractions and diversion, then Form 19332.2 (b)(4) must be on file with the Division on or before January 1, 2019. Form is available at:http://www.waterboards.ca.gov/waterrights/water_issues/programs/registrations/docs/form_b4.pdf

If your diversion is regulated by a Watermaster appointed by the Department of Water Resources and included in annual reports filed with a court or the State Water Board by a Watermaster, then Form 19332.2 (b)(4) must be on file with the Division on or before January 1, 2019. The annual reports must identify the persons who divert water and describe the general purposes and the place, the use, and the quantity of water that has been diverted from each source. Form is available at:http://www.waterboards.ca.gov/waterrights/water_issues/programs/registrations/docs/form_b4.pdf

If your diversion is included in annual reports filed with the court or State Water Board by a Watermaster appointed by a court or filed pursuant to statute to administer a final judgment determining rights to water, then Form 19332.2 (b)(4) must be on file with the Division on or beforeJanuary 1, 2019. The reports must identify the persons who have diverted water and give the general place of use and the quantity that has been diverted from each source. Form is available at:http://www.waterboards.ca.gov/waterrights/water_issues/programs/registrations/docs/form_b4.pdf

The State Water Board is developing an online portal for cannabis cultivators to submit their Small Irrigation Use Registration (SIUR) filings, make payments, and obtain water right registration certificates. The online portal will be available in late 2017. SIURs are a faster alternative to applying for and obtaining a traditional water right permit. SIURs will allow cannabis cultivators to store water off-stream in tanks or ponds; water storage is not permissible under riparian water right claims.

If you are unsure of your water source category, or need further assistance, please visit ourCannabis Cultivation Water Rights webpage or contact the Cannabis Registration Unit at (916) 319-9427.

 

 

State Water Board – Cannabis Cultivation Water Rights

February 25, 2017 at 12:01 AM

On June 27, 2016, Governor Edmund G. Brown Jr. signed Senate Bill (SB) 837, which requires the State Water Resources Control Board (State Water Board), in consultation with the California Department of Fish and Wildlife (CDFW), to adopt interim and long-term principles and guidelines (requirements) for the diversion and use of water for cannabis cultivation in areas where cannabis cultivation may have the potential to substantially affect instream flows. Principles and guidelines will be incorporated into licenses issued by the California Department of Food and Agriculture under its CalCannabis Cultivation Licensing, and water right registrations will be issued under the State Water Board’s Small Irrigation Use Registration Program, once available.  Read more