REMINDER for Upcoming Diversion Season under Cannabis Policy

From the State Water Resources Control Board:

The forbearance period for cannabis surface water diversions ends October 31st.  As a reminder, from November 1 through December 14, the surface water diversion period shall not begin until the daily average flow at the cultivator’s assigned stream gage is greater than the minimum instream flow requirement for seven consecutive days  (Cannabis Policy, Attachment A, Section 3, Requirement 4).  The first day of the seven consecutive days must occur on or after October 25.  From December 14 to March 31, the cultivator may divert when the previous day’s daily average flow is greater than the minimum instream flow at the cultivator’s assigned stream gage. 

Additionally, California is experiencing extreme to severe drought.  The State Water Board has adopted emergency regulations in priority watersheds and is implementing diversion curtailments based on water right priority and regulation requirements.  Therefore, cannabis cultivators are required to: 

  1. check the Online Cannabis Compliance Gage Mapping Tool daily, prior to diverting, to check and document if they are authorized to divert surface water;
  2. maintain daily diversion records for water diverted for cannabis cultivation; and
  3. verify if their water rights have been curtailed in response to the drought prior to diverting.  The status of curtailments can be found on the State Water Board’s Drought Info Webpage.

Low water availability is anticipated to persist unless significant precipitation is received.  Cultivators are encouraged to seek alternative sources of water to mitigate potential shortages. 

If you have questions, please reach out to us via email at CannabisWR@waterboards.ca.gov or by phone at 916-319-9427.  Please also visit the Water Boards’ Cannabis Cultivation webpage for more information.