Water Theft in the World of Weed
Legal Oregon marijuana growers may be violating a long-standing water law
By Benjy Schirm, J.D. | Last updated on January 12, 2023Use these links to jump to different sections:
The amount of water used to grow a single marijuana plant varies with each grower, but a large growing operation can use a substantial amount. As more farmers enter the marketplace, that means more water use. In many places in the United States, you have a right to use all the gallons of water you would like as it passes through your property. In Oregon, however, this isn’t the case.What Water Supply Laws Are in Place in Oregon?

What Can Be Done To Avoid Stealing Water?
To gauge your own risks of illegal marijuana water use in such an enterprise, van Leynseele suggests looking at municipal records regarding your tax parcel. “Companies must get all of the data from the county to understand what their water rights are. This is a common risk in the industry that is not being talked about or even understood by most people starting a new business,” she says. Racquel Rancier, the senior policy coordinator for the Oregon Water Resources Department, told the Capital Press, “The question of whether medical growers are diverting their crop for profit, and thus illegally irrigating with domestic wells, is tough for the agency to answer. It’s not always an easy process to demonstrate they’re using it illegally.” The regulatory mechanism is not set up to do audits, but to take growers at their word for their use of water. Issues may come to light when a grower begins using too much water, thus infringing on the rights of those around them. “Water laws are an issue that is going to plague the industry,” van Leynseele says. “It is so factually specific to each property—they must ascertain what are their water allocation rights, how are they drawing it, are there commercial wells, are they drawing on the county line? Indoor grow operations have a different need than outdoor grows, and then you must check to see if this property touches on any federal water sources.” If a neighbor is using enough water to affect your use, your best bet is to hire a reputable and experienced property attorney, as well as a reputable and experienced water law attorney that can prevent water scarcity. . For more information on this area of law, see our overviews of cannabis law and real estate.What do I do next?
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