Marijuana growers can’t use water from federal projects

FORT COLLINS – Marijuana growers cannot use water from U.S. Bureau of Reclamation projects such as the Colorado-Big Thompson Project, according to a new policy developed by the federal agency.

An agency spokesman said Tuesday that water districts that receive water from bureau projects cannot supply it to marijuana growers for their crops in Colorado, Washington and other states. The policy follows requests by water districts for a decision on whether the agency approved of water use for marijuana growers.

Despite approval of Colorado voters of Amendment 64 decriminalizing marijuana sales in November 2012, federal law still prohibits marijuana cultivation. The ban on water use represents the latest barrier to marijuana industry development by the federal government.
 
“As a federal agency, reclamation is obligated to adhere to federal law in the conduct of its responsibilities to the American people,” agency spokesman Dan DuBray said in an email statement.
 
Mike Elliot, executive director of Denver-based Marijuana Industry Group, said the agency’s decision was “concerning” and he called the federal government’s unwillingness to recognize Colorado law “ridiculous.” The federal government should take into account that the state has developed strong regulations on the marijuana industry.
 
“It’s a transparent and accountable program,” Elliot said. “This new attack on water just seems unnecessary and unfair.”

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Enforcement of the agency’s policy may prove difficult.

The Berthoud-based Northern Colorado Water Conservancy District, which provides water to Northern Colorado through the Colorado-Big Thompson and Windy Gap projects, does not visit farmers and ask what crops they are growing. Northern Water has a responsibility to deliver water from reservoirs such as Horsetooth Reservoir and Carter Lake, while the state ultimately administers water distribution.  

“We don’t envision getting into the police and enforcement business,´ said Brian Werner, spokesman for Northern Water.

Northern Water, meanwhile, has not heard from marijuana growers about its water, Werner added.
 
“There’s nobody that we officially know who’s out there growing it,” he said. “Nobody has come to us.”