Oregon
New Oregon law requires water haulers to keep records, in bid to deter illegal cannabis grows – KTVZ
SALEM, Ore. (KTVZ) — Throughout the 2022 session, the Oregon Legislature handed Home Invoice 4061 to discourage water use on unlicensed hashish rising websites. The Oregon Water Assets Division is ready to implement the brand new regulation, which takes impact on Friday, June 3.
The knowledge supplied on this launch is an summary of the invoice’s provisions. For full particulars, go to the Division’s water hauling and hashish legal guidelines webpage.
Data Retention for Individuals Hauling Water
Any one that purchases water to haul the water to develop a crop (irrigation and nursery use) should maintain data for 12 months from the date of buy and current these data to regulation enforcement or OWRD upon request. Data will embody the:
- Buy date.
- Location the place the water was bought.
- Identify and call data of the person who the water was delivered to.
- How the water might be used (irrigation or nursery), together with the plant sort.
- Amount of water delivered.
- Location the water was delivered to.
- Date the water was delivered.
Data Retention for Water Suppliers
Water suppliers that promote water to the general public should maintain data for as much as 12 months for sure gross sales. Data should be introduced instantly to OWRD or regulation enforcement upon request, and embody the:
- Identify and call data of the individual the water was offered to.
- Amount of water offered.
- License plate variety of the automobile used to haul water.
- Buy date.
Prohibitions on Water Hauling and Offering False Data
Hauled water on unregistered hashish: Home Invoice 4061 prohibits hauling water, or arranging to haul water, to any location rising hashish that has greater than 4 hashish (marijuana or hemp) vegetation and isn’t registered/licensed by the Oregon Liquor and Hashish Fee (OLCC), Oregon Division of Agriculture (ODA), or Oregon Well being Authority (OHA). OWRD recommends water haulers confirm {that a} website is licensed earlier than hauling water to a location rising hashish and preserve data.
Offering false details about water hauling: The regulation prohibits any individual from willfully or negligently offering false data to OWRD or regulation enforcement associated to water hauling for hashish vegetation.
Felony and Civil Penalties
With one exception, these new penalties pertain to newly established violations by Home Invoice 4061 described above.
Use of water and not using a water proper on unregistered hashish: Use of water and not using a water proper at any unlicensed hashish website could also be punishable by a Class A misdemeanor, which is punishable by as much as one 12 months in jail, with a most superb of $25,000.
Hauled water on unregistered hashish: Hauling water or arranging to haul water to any unregistered hashish website, if achieved with felony negligence, could also be punishable by a Class A misdemeanor and a most superb of $25,000 if the violator is the proprietor of the water hauling enterprise or the accountable get together for the hashish develop operation.
Offering false details about water hauling: Willfully or negligently offering false data to both OWRD or regulation enforcement concerning the hauling of water to a hashish website, could also be punishable by civil penalties as much as $5,000 per day and as much as a Class A misdemeanor.
Failure to retain and current data: Individuals buying water from a water distribution location for irrigation/nursery use that fails to retain and supply data of hauled water could also be topic to civil penalties as much as $5,000 per day.
Discover of Violation Timelines
This invoice extends the time period for OWRD to subject a Discover of Violation after turning into conscious of a violation from 5 days to 10 enterprise.
For situation-specific inquiries, people ought to contact their native watermaster with any questions.
The Oregon Water Assets Division is the state company charged with finding out, allocating, and distributing water in Oregon. Go to www.oregon.gov/owrd to study extra.