Volume 9 Issue 1
January 2018
a conversation with reclamation commissioner
brenda burman
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CONTENTS JANUARY 2018 Volume 9, Issue 1
Irrigation Leader is published 10 times a year with combined issues for July/August and November/December by Water Strategies LLC 4 E Street SE Washington, DC 20003 STAFF: Kris Polly, Editor-in-Chief John Crotty, Senior Writer Matthew Dermody, Writer Julia Terbrock, Graphic Designer Capital Copyediting LLC, Copyeditor SUBMISSIONS: Irrigation Leader welcomes manuscript, photography, and art submissions. However, the right to edit or deny publishing submissions is reserved. Submissions are returned only upon request. For more information, please contact John Crotty at (202) 698-0690 or John.Crotty@waterstrategies.com.
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The Infrastructure Commissioner: A Conversation With Bureau of Reclamation Commissioner Brenda Burman
5 The New Commissioner By Kris Polly
IRRIGATED CROP
6 The Infrastructure Commissioner: A Conversation With Bureau of Reclamation Commissioner Brenda Burman
THE INNOVATORS
12 The State of the Milk River Project: A Conversation With Montana Lieutenant Governor Mike Cooney
26 Dura Mag: Solving Irrigator Flow Measurement Challenges
WATER LAW 30 Marijuana, Hemp, and Water—Oh, My! The Legal Implications for Water Delivery for Marijuana and Hemp Cultivation By Caroline Lynch
CIRCULATION: Irrigation Leader is distributed to irrigation district managers and boards of directors in the 17 western states, Bureau of Reclamation officials, members of Congress and committee staff, and advertising sponsors. For address corrections or additions, please contact our office at Irrigation.Leader@waterstrategies.com. Copyright Š 2018 Water Strategies LLC. Irrigation Leader relies on the excellent contributions of a variety of natural resources professionals who provide content for the magazine. However, the views and opinions expressed by these contributors are solely those of the original contributor and do not necessarily represent or reflect the policies or positions of Irrigation Leader magazine, its editors, or Water Strategies LLC. The acceptance and use of advertisements in Irrigation Leader do not constitute a representation or warranty by Water Strategies LLC or Irrigation Leader magazine regarding the products, services, claims, or companies advertised. /IrrigationLeader
@IrrigationLeadr
COVER PHOTO: Bureau of Reclamation Commissioner Brenda Burman. Photo by Isabel Menzel.
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IRRIGATION LEADER
PHOTO COURTESY OF THE U.S. DEPARTMENT OF THE INTERIOR.
16 Water Conservation From Barley to Beer
18 Growing Carrots in the Coachella Valley
ADVERTISING: Irrigation Leader accepts one-quarter, half-page, and full-page ads. For more information on rates and placement, please contact Kris Polly at (703) 517-3962 or Irrigation.Leader@waterstrategies.com.
The New Commissioner
By Kris Polly
PHOTO COURTESY OF KRIS POLLY.
B
ureau of Reclamation Commissioner Brenda Burman is exceptionally capable and well prepared for her new job. Her résumé reads like a many-years-long western water training program to be commissioner: law school and legal work in Wyoming, followed by working for renowned western water law attorney and United States senator, Jon Kyl, on Capitol Hill, and then working for Reclamation; the U.S. Department of the Interior; the Nature Conservancy; the Metropolitan Water Agency of Southern California; and most recently, the Salt River Project in Arizona. The only possible missing component would be working for an irrigation district or perhaps growing up on an irrigated farm. However, years of working on western water policy has allowed Commissioner Burman the opportunity to meet and build working relationships with the irrigators in all the western states. Additionally, she has always been a big believer in on-the-ground learning and has taken every opportunity to visit and tour western water projects. As a result, she has an unparalleled network of friends and contacts in the western water community. I worked for Ms. Burman at Interior during the George W. Bush administration. When she left her position as deputy to Commissioner Bob Johnson to become the deputy assistant secretary for water and science, I had the great fortune to follow in her footsteps and serve Commissioner Johnson as his deputy commissioner. There were countless meetings and briefings we both attended. Her intelligence, steady demeanor, and unflappable coolness under fire were always apparent. She had the opportunity to work for Commissioner Johnson longer than I and observe his especially effective management style. In the IRRIGATION LEADER
Commissioners Bob Johnson and Brenda Burman during the Colorado River Water Users Association meeting in Las Vegas, Nevada, on December 13, 2017.
first few minutes of every meeting, Commissioner Johnson would say “we will work with you” to whomever we were meeting with. He meant it and expected it of his staff. In the office, Commissioner Johnson was a master of personal relationships, always seeking input and motivating people. Commissioner Johnson believed in getting out and meeting with those dependent on water and power from Reclamation and was constantly flying all over the West to meet and speak. Though Commissioner Burman has already made the history books as the first woman to be commissioner, she will draw on her experience and all that she has learned from her great mentors to be the commissioner
that future commissioners are compared with. The irrigation and power communities can expect a highly accessible, dedicated, and constantly-in-the-West commissioner. Her top issue? Infrastructure. IL Kris Polly is editor-in-chief of Irrigation Leader magazine and president of Water Strategies LLC, a government relations firm he began in February 2009 for the purpose of representing and guiding water, power, and agricultural entities in their dealings with Congress, the Bureau of Reclamation, and other federal government agencies. He may be contacted at Kris.Polly@waterstrategies.com.
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On Friday, December 15, 2017, newly confirmed Reclamation Commissioner Brenda Burman addressed attendees at the Federal Families session of the annual Colorado River Water Users Association conference and tradeshow in Las Vegas, Nevada.
PHOTOS COURTESY OF THE U.S. DEPARTMENT OF THE INTERIOR.
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IRRIGATION LEADER
THE
INFRASTRUCTURE COMMISSIONER a conversation with bureau of reclamation commissioner brenda burman
Perhaps no other government entity has been more vital to the modernization and development of the western United States than the U.S. Department of the Interior’s Bureau of Reclamation. The dams, canals, and other water infrastructure projects built by Reclamation have allowed water to flow to arid areas in 17 western states, making agriculture and urban development possible. Reclamation projects have also provided vital hydroelectric power and flood protection to many communities. For Reclamation to continue to build on that legacy, it must have effective leadership, and that is what Commissioner Brenda Burman is providing. Commissioner Burman has a long career of working on water and energy issues and is committed to building and maintaining the water infrastructure that will help the West continue to grow. In her first interview since being sworn into office, Commissioner Burman sat down with Irrigation Leader’s editor-in-chief, Kris Polly, to discuss how she became involved in water issues, how Reclamation is striving to become a truly effective partner with western water users, and how she plans to refocus Reclamation on the task of building projects that can deliver the water that western communities depend on for the present and for the future. Kris Polly: Please tell us about your background and how you became involved in irrigation, power, and water issues. Commissioner Burman: When I was in school, I decided I wanted to do something related to natural resources, but I thought I wanted to work on maritime, ocean, and shipping issues. That changed when I worked in New Mexico one summer on a trail crew and then at the Grand Canyon. While working in those places, I started reading about the Southwest, the desert, and water issues. I later applied to law school, where I wrote my admittance essay on water law, and I have not looked
IRRIGATION LEADER
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back. After law school, I worked in Wyoming for the Supreme Court, and the first case I worked on involved the water supply for a small town. From there, I worked for several years in private practice at a water and energy firm, Salmon, Lewis & Weldon, in Phoenix, Arizona, until a job on the Hill came open as a water and energy lawyer for Senator Jon Kyl. I have also had the opportunity to work for state agencies, including the Metropolitan Water District of Southern California and the Salt River Project. Kris Polly: You are the 21st commissioner of the Bureau of Reclamation, and the first woman to hold that position. What are your thoughts on the historical significance of being commissioner? Commissioner Burman: Reclamation has an amazing history. We have been in operation for 115 years, since President Teddy Roosevelt signed us into existence, and I think we have come a long way. We have built many projects, from the large, iconic ones like Hoover Dam and Grand Coulee Dam, to smaller projects across all 17 western states. To me, being commissioner is about carrying on that legacy and making sure we are relevant, smart, useful, and able to provide a reliable water supply for the next 100 years. Kris Polly: What are Reclamation’s top priorities for 2018? Commissioner Burman: Our top priority is to deliver water reliably, not just for the present, but also for the future. There are a number of things we need to do in order to achieve that goal. First, we need to get back to building things, including projects to expand water storage across the West. The droughts in California, and those in many other places in the West, demonstrate that more storage is needed. Reclamation’s multipurpose water systems rely critically on storage in order to ensure that flows are delivered and hydropower is produced when needed. Second, we need to work with all our customers and stakeholders to figure out the best way to finance those projects. We understand this is a different world in terms of federal money coming from Congress, so we need to examine creative ideas for bringing in funding, like public-private partnerships and loan guarantees. We are open to any other good ideas and are ready to work with those who can help us move projects forward. We are also not foregoing public-public partnerships that have made the West what it is today. We just need to look broadly for opportunities to fund essential infrastructure needs. Third, we want to streamline projects, from how they are managed to the way we achieve environmental compliance. It takes much too long to get projects done, and that is not acceptable. Reclamation is looking at how to streamline the process, to actually get shovels in the ground and get things built. That applies to title transfer as well. We at
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Reclamation need to look at our relationship with our customers, and if we are not helping them, we need to get out of their way. We want our customers to tell us whether we are adding value to what they are doing, and if not, we need to work with them to step aside. Those who are operating the projects onsite are often the best equipped to manage them, and that is how it should be whenever possible. Another major priority for us will be addressing the drought on the Colorado River, which has been going on for 18 years. A lot has been done by Reclamation, the seven basin states, Mexico, tribes, and nongovernmental organizations to keep that system reliable and stable, but IRRIGATION LEADER
Reclamation’s new commissioner, Brenda Burman, was sworn on December 11, 2017, by Secretary of the Interior Ryan Zinke. Michelle Brown, Department of the Interior career employee and close personal friend of the commissioner, holds the swearing-in Bible.
there is still a lot more work to do, particularly in Arizona and California, over the next year to get to a viable drought contingency plan. The probabilities for shortage conditions are real, and we need to act now to implement a plan that minimizes those chances. Finally, we are going to ensure that we have a culture of safety and respect at Reclamation. We cannot effectively serve our customers if we are not an upstanding organization on the inside. Safety is going to be one of my top priorities going forward. A workplace environment survey was done across the U.S. Department of the Interior last year, and it showed that we have a lot of issues to address. Secretary Zinke has been adamant about having IRRIGATION LEADER
a zero-tolerance policy for any type of harassment in the workplace. We have put together a task force with people across Reclamation, and by the end of January, we will report back to the secretary with ideas on how to make Reclamation a positive workplace for everyone. Kris Polly: What is Reclamation’s role in western water, and what is the commissioner’s role? Commissioner Burman: Reclamation is the premier water agency in the West, and we have a very significant role in western water. We have the ability to bring parties together, we have technical expertise that can help projects get done,
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Get in touch with the Bureau of Reclamation GREAT PLAINS REGION Mike Black, Regional Director (406) 247-7600 (Montana, North Dakota, South Dakota, Wyoming, eastern Colorado, Nebraska, Kansas, Oklahoma, and Texas) MID-PACIFIC REGION David Murillo, Regional Director (916) 978-5001 (Southern Oregon, northwestern Nevada, northern California)
Reclamation commissioners, past and present, joined together at the 2017 Colorado River Water Users Association annual conference in Las Vegas last December. From left to right, Eluid Martinez, Mike Connor, Brenda Burman, Estevan LĂłpez, and Bob Johnson.
and we have the ability to construct and complete projects. Reclamation can also harness other federal agencies to help get permitting done more efficiently. As for my role, I have been here 2 weeks and am just now getting to hear from my leadership team, customers, contractors, and stakeholders. I plan to do a lot of listening over the next couple months, and we will then start putting together our list of priorities based on what we hear from everyone. Kris Polly: What are some of the goals you hope to achieve as commissioner? Commissioner Burman: My overriding goals as commissioner are to deliver reliable water and power and to build projects. I think we have fallen behind on project development, and we cannot continue to deliver reliable water or power unless we are building new storage and new projects and rebuilding the projects we already have. Much of our infrastructure is over a century old and is aging rapidly, so we have to address that. I plan to be
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an infrastructure commissioner who gets projects built. Kris Polly: What should every Reclamation contractor know about you? Commissioner Burman: They should know that I am accessible and that Reclamation is going to be accessible to them. We are going to make ourselves more customer responsive and are going to look to the contractors and stakeholders to tell us how best to do that. My leadership team and I can provide direction internally, but we need to know what we can be doing better from the people who are on the ground. I am joining a great organization, but that organization needs to focus on our customers and contractors. We also need to focus on our main mission, which is not only to deliver water and generate power, but also to advocate for the delivery of water and power in the West. We want to add value to customers, and we want to know how we can best do that. IL
PACIFIC NORTHWEST REGION Lorri Gray, Regional Director (208) 378-5012 (Idaho, Washington, western Montana, Oregon, western Wyoming) LOWER COLORADO REGION Terry Fulp, Regional Director (702) 293-8401 (southern Nevada, southern California, Arizona) UPPER COLORADO REGION Brent Rhees, Regional Director (801) 524-3600 (Utah, western Colorado, New Mexico, western Texas) COMMISSIONER’S OFFICE (202) 513-0501 Brenda Burman, Commissioner Alan Mikkelsen, Deputy Commissioner David Palumbo, Deputy Commissioner, Operations Grayford Payne, Deputy Commissioner, Policy, Administration, and Budget IRRIGATION LEADER
The State of the Milk River Project A Conversation With Montana Lieutenant Governor Mike Cooney
John Crotty: What are your thoughts on your recent tour of the Milk River Project? Lieutenant Governor Cooney: It really reinforced the importance of that project and the effect that it has on the Hi-Line area of Montana. The water from the Milk River Project is vital for municipalities surrounding the area as well as agriculture and even recreational users. The system works amazingly well given that it is over 100 years old. The canal system has been the backbone of the entire region. Despite its successes, however, we have done a poor
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Montana Lieutenant Governor Mike Cooney.
”The Milk River Project is a prime example of the high-quality infrastructure American ingenuity can produce but also of the consequences that come from lack of maintenance or modernization of that infrastructure.”
—MIKE COONEY
job of maintaining and modernizing the project since it was built. There must be a focus on taking the steps needed to upgrade the system and ensure its long-term future. John Crotty: What did you see during the tour that speaks to those issues? Lieutenant Governor Cooney: At its core, the project is a canal system that runs well but has many components that require constant upkeep. Issues like leakage, seepage, and evaporation all keep the Milk River Project from being as efficient as it could be. If the system and its management were modernized, we could make much better use of the limited water resources the canal provides. For example, the practice of allowing cattle to stand in the canal jams up the system, adds more steps to making the water suitable for irrigation or human consumption, and accelerates the deterioration of many of the system’s components. The Milk River Project is a prime example of the high-quality infrastructure American ingenuity can produce but also of IRRIGATION LEADER
PHOTOS COURTESY OF BUREAU OF RECLAMATION AND MONTANA.GOV.
Comparable irrigation projects on two sides of an international border can provide a study in contrasts. Examining the different programs, infrastructure, and policies of each government can provide insight into how to make optimal use of the resource in question. Montana’s Milk River Project and the St. Mary River Irrigation District in Alberta, Canada, are emblematic of this dichotomy. The century-old Milk River Project originates in northern Montana, traverses southern Alberta, Canada, and then heads back into Montana, serving the Hi-Line communities along the northern border of the state. The St. Mary River Irrigation District diverts from three rivers in south-central Alberta and traverses the Canadian prairie east to Saskatchewan. Both projects irrigate thousands of acres across hundreds of miles of arid high plains. However, differing infrastructure investments over the years have led to significant differences in efficiencies and management for the respective projects. This past August, the St. Mary Rehabilitation Working Group sponsored a tour of the projects for Montanans interested in improving project infrastructure. Montana Lieutenant Governor Mike Cooney recently toured the St. Mary Diversion on the Milk River Project and the St. Mary River Irrigation District and came away with lessons for how the project in his state can modernize. Lieutenant Governor Cooney sat down with Irrigation Leader’s senior writer, John Crotty, to discuss the challenges facing the Milk River Project, the different approaches to water management in the United States and in Canada, and the upgrades that must happen for the project to continue to meet the water needs of its users in the future.
Fresno Dam, located on the Milk River, is a compacted earthfill dam with a crest length of 2,070 feet.
the consequences that come from lack of maintenance or modernization of that infrastructure. There are a number of structural and procedural reforms that could be enacted to make the Milk River Project more efficient and usable for the long term. John Crotty: After touring the St. Mary Diversion in Montana, you drove up to Lethbridge, Alberta. What similarities and differences did you notice between the American and Canadian projects? Lieutenant Governor Cooney: The differences between the two sides of the border are quite stark. Southern Alberta is the breadbasket of Canada, and an incredible diversity of crops are grown there. Water is used efficiently, and the system itself is state of the art. The Canadian canals are fenced to prevent cattle or other livestock from getting into them. People there have become much more aware of how to use water resources efficiently. Flood irrigation is almost nonexistent, and most farmers in Alberta use low-pressure hanging irrigation systems. Investing in those systems has allowed those farmers to be good at what they do while diversifying their crops. The local manufacturing and other support sectors have also seen growth as a result. All of IRRIGATION LEADER
that came about because of large investments made by the Canadian government beginning in the 1980s. John Crotty: What would be your message to the people of Montana after participating in the fact-finding mission to Canada and seeing how things are done in Alberta? Lieutenant Governor Cooney: I would urge decisionmakers at the state and federal level to carefully examine what Alberta has done and work to emulate that success wherever possible. Although it is true we cannot be certain that making similar investments will produce identical results, adopting at least some of Canada’s successful policies could be beneficial. Water is finite, and it always makes sense to use it wisely. A modern system would allow us to do that and would provide a more secure future for the surrounding area. Our farmers would also have more options to shape and manage their operations. Properly modernizing the Milk River Project would open doors in Montana that currently are closed and allow us to be more competitive in agricultural, manufacturing, municipal, and other economic sectors. Upgrading our facilities, canals, and management policies would be a critical step in the right direction. IL
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r n e t o a i t Wserva n o C rley a B From Beer to
In 2016, MillerCoors reduced its water usage by more than 15 billion gallons across its value chain through its water conservation efforts in breweries and by working directly with its barley growers to help reduce water use on their farms.
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IRRIGATION LEADER
I
t takes a lot of water to make a beer. And not just for the actual brewing process. For MillerCoors, over 90 percent of the water used to create a single can of beer, like a Miller High Life or Coors Banquet, is attributed to agricultural production. The company has adopted the goal of reducing its water use by 10 percent by 2025 and is asking its barley and hops growers to partner to help achieve that goal. MillerCoors contracts with 864 independent barley growers across Colorado, Idaho, Montana, and Wyoming to produce just the right quality malt barley for its beers. According to Wade Malchow, MillerCoors’ barley program manager, “Many of those growers have been in business with us for over 40 years.” The company’s team of agronomists manages relationships with barley growers: coordinating how much barley farmers produce, monitoring how well the crops are growing, and advising on how to achieve the best production.
PHOTO COURTESY OF MILLERCOORS.
Managing Limited Water Supplies Stable water supplies help ensure a stable supply of malt barley and revenue for the growers. Mr. Malchow explained, “Water management is part of risk management for our growers and for our company. The goal is to ensure adequate supply for the grower to sell and for us to buy while not using any more water than absolutely necessary.” MillerCoors is working with growers to adopt technology, such as variable rate sprinklers and soil monitors, and improve water delivery operations to help conserve water—even in times of plenty. “Procedures that ensure water is shut off as soon as the grain has reached its physiological maturity, instead of putting on another round of water simply because it is available, help. Some growers have the mindset that if they have the water available, they will use it, and we need to try and change that mentality whenever possible. That is the low-hanging fruit of management.” In Mr. Malchow’s experience, the real challenge is managing water in times of want, so the company is encouraging growers to facilitate an increase in soil health to increase the amount of water the soil can hold and to adjust irrigation output according to what kind of natural precipitation has fallen. Working With Growers When it looks like water use may be limited, the company is on the ground working with growers to determine the ideal time to access irrigated water. For MillerCoors, the goal is to minimize the effect a lack of water will have on crop yields, while at the same time honoring water rights. “Sometimes, our growers need to use the water despite our desire to conserve it. That is a difficult dynamic, and one that not everyone understands. So we have been educating our company and our consumers about water use in the IRRIGATION LEADER
West, conservation, and the incentives to use less water.” In addition, MillerCoors has been educating its growers about customer expectations, which influence what the company asks of its growers. Cathy Davis is one of those growers. She, like her father before her, grows barley in Colorado’s windblown and arid San Luis Valley. Since working with MillerCoors, she has adopted water-saving changes to promote conservation: adjusting her sprinklers, adding water saving nozzles, and increasing the precision with which she times her watering schedule. Those changes have given her “more bang for the buck,” translating to increased yields with reductions in water use. Conservation Planning For MillerCoors, water conservation is a critical component to its larger conservation plan. Mr. Malchow explained that because agriculture accounts for much of the company’s water use, “if we want to move the needle on the overall water use that goes into the product, that is where we have to concentrate.” That means growers for MillerCoors will be asked to make simple changes that can help reduce water use, as well as stretch for greater efficiency. For Mr. Malchow, “Watching irrigation timing, being conscious of exactly what it takes to produce an on-time and high-quality crop without using excess water, and capturing and using data are all part of what it will take to achieve our sustainability goals without sacrificing the quality of the product.” Aligning Goals and Practices Mr. Malchow described some of MillerCoors’ efforts to promote conservation: creating good data baselines, investing in communication tools with growers, and gathering information from farmers on an array of inputs. He stressed the need for MillerCoors to continue to respect the privacy of farmer’s proprietary data while learning enough to maximize its understanding of water use. “Farming is a competitive business, and many of the growers take great pride in the techniques they use to produce a competitive crop. We are investing a lot of time and effort to determine what information we can extract, what it means, and how we can best use it to inform discussions with growers and other partners. We ask a lot, so we try to be mindful of what we ask.” That sensitivity translates to the field. Ms. Davis works with a field manager from MillerCoors whenever she needs advice or feedback on crop yields. In addition, MillerCoors runs an experimental farm in the San Luis Valley, where it is always trying out new varieties of barley. For Ms. Davis, “It feels like [MillerCoors] is out here with me, so I am not going (and growing) it alone.” Mr. Malchow summarized the dynamic: “The things growers need to do in order to stay viable in the long term will align with the goals MillerCoors has for better conservation and water use.” IL
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IRRIGATED CROP
GROWING CARROTS IN THE COACHELLA VALLEY
Coachella Valley Water District
PHOTOS COURTESY OF COACHELLA VALLEY WATER DISTRICT.
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IRRIGATION LEADER
T
IRRIGATED CROP
he Coachella Valley in Southern California is home to farms that grow a wide variety of crops. Fruits, vegetables, citrus, and many others are produced in large numbers. One grower of this bounty is Peter Rabbit Farms, a third- and fourth-generation family farm that produces a plethora of crops, including one of the largest carrot crops in the United States. An evolution in the marketing, processing, and packaging of carrots has dramatically changed how they are grown as well as how consumers buy them. John Powell Jr. is a third-generation member of Peter Rabbit Farms, and he currently manages the farm with his brother. Mr. Powell’s grandparents moved to the Coachella Valley in 1950 to take advantage of the new delivery of Colorado River water. Agriculture grew considerably during that time because farms could be irrigated with water that was delivered rather than drawn from wells. “My grandparents started out distributing produce for other farmers in the area before getting into farming themselves. Today, raising produce is our primary source of income, and carrots are the most common crop. We irrigate with Colorado River water and also incorporate as much water conservation technology as possible.” Mr. Powell added that the amount of carrots produced per acre has doubled in the past 20 years because of efficiency improvements in both land and water use. Mr. Powell’s family has been involved with carrots since they first became a prominent crop in the Coachella Valley. “We decided to take advantage of our growing season, which is fairly short given the weather here. That makes it difficult to orchestrate a 12-month program. We became big growers of carrots in the 1990s, and we were the third-largest producer of cut and peeled baby carrots in the United States at that time. I first saw baby carrots around 1987 in grocery stores. At that time,
IRRIGATION LEADER
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IRRIGATED CROP my grandfather said they would be the future, and it now appears that he was right,” he said. The most common form of carrots bought by consumers in grocery stores are cut and peeled baby carrots that come in bags, but that is a relatively new phenomenon. “What we call baby carrots are actually just cut and peeled carrots. Originally they were a byproduct of trying to use as much of the rest of the carrot as possible. Cutting, peeling, and shaping the parts of the carrot that were left over made them viable products. It became so viable that different varieties have been developed to make carrots more cylindrical in shape and more conducive to high-yield cut-andpeel techniques.” Mr. Powell said. He added that even the parts of the carrots left over after the cutting and peeling are useful, especially for juices. “There is very little waste now, which also leads to much higher production per acre. We are not only using more of what we grow, but we are also using new varieties to grow more per acre. This transition began 10–20 years ago, when we saw the large increases in production.” Peter Rabbit Farms plants its carrots early in the year, beginning in August and continuing through December. Carrots are harvested from February through the end of May. Mr. Powell said the farm does not cut or process the carrots themselves; it works with another company in Bakersfield that specializes in doing so. The carrots are washed at the farm before being sent to the processing company, which cuts, processes, and bags them. Carrots are watered primarily with sprinkler irrigation. Mr. Powell said his family initially used furrow irrigation but has found that sprinklers offer better flexibility and control over the timing of the irrigations while also reducing water consumption. Mr. Powell noted that farmers in the Coachella Valley recognize that they are always in drought conditions due to the low amount of rainfall they
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Carrots in east Coachella are sprinkler irrigated.
receive. “We consider it a precious supply. The farmers have invested a lot of money on their own in drip and microsprinkler technology to use water as efficiently as possible. We have district policies that assist with that, including prohibiting any tailwater or runoff from fields. The farmers are obligated to use that water for the crop and not let any be wasted. A lot of this technology was developed in the 1980s and has proliferated since then.” Mr. Powell said Peter Rabbit Farms takes great pride in both its proud history and its bright future. “I am the
third generation of our farm, and our own children are now coming into the business as well. We have always been in the same location since 1950, producing a nutritious, tasty crop that people love. We are also doing everything we can to be sustainable. Our objective is to continue operating in a way that will allow Peter Rabbit Farms to flourish for future generations, be part of the community, treat the land the way it should be treated, and manage our water resources so they will be available going forward.” IL IRRIGATION LEADER
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Dura Mag: Solving Irrigator Flow Measurement Challenges
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PHOTO COURTESY OF MCCROMETER.
cCrometer is known as the industry standard for irrigation flow measurement, with the invention of the McPropeller® meter in 1955. Since then, McCrometer has developed many products for many different applications and industries. The newest addition to the McCrometer lineup of products is the Dura Mag™, specifically designed for irrigators who could benefit from an electromagnetic flow meter due to dirty water, tight installation space requirements, higher accuracy expectations, or a preference for a meter with no moving parts to maintain. As McCrometer’s Product Manager Adam Setzler explained, “Dirty water can wear down meters with mechanical components, so the lack of parts in the Dura Mag meter is advantageous. Another example is surface water that can have more trash or debris, which can obstruct the propellers of other meters, but since there are no parts to obstruct or damage, this is a nonissue.” Dura Mag can also be installed in confined spaces or in systems that have tight installation requirements. They require just two diameters of upstream pipe and one diameter downstream, which reduces the need to install flow straighteners upstream or downstream inside the pipe. Mr. Setzler added, “Dura Mag has an accuracy margin of 1 percent, and most agricultural meters have an accuracy margin of 5 percent, which makes Dura Mag more than adequate for agricultural applications.” Ken Quandt, McCrometer’s market development manager, noted that the batteries are the only components that require any kind of regular maintenance. “If customers are concerned about how the quality of their water will affect the meter’s electrodes, they can inspect the electrodes inside the meter to ensure they are free of debris. However, that is an infrequent issue, so much so that we do not even list checking the electrodes as part of standard maintenance procedures.” McCrometer’s product development team prioritized a long battery life and field-replaceable batteries for the Dura Mag. The primary battery pack consists of two batteries that are tied together, along with an additional single battery unit that serves as a backup. The primary pack is expected to last 5 years, and the meter switches to the backup battery automatically when the primary pack dies. IRRIGATION LEADER
THE INNOVATORS Mr. Quandt said, “From the beginning, we set out to improve battery life and durability when we developed Dura Mag. Making the meter low maintenance was a priority for us, so we needed to ensure the batteries would retain long life to save our customers the time and costs of replacing them. The batteries are high quality and are comparable to those used on some of our existing products.” McCrometer understands that customers may only be able to check batteries occasionally, and the company wanted to include the backup capability to ensure the meter would continue to function properly through a full irrigation season, even if the primary batteries failed. Mr. Quandt added, “Testing performed internally by McCrometer and externally across the industry with previous meter models showed that the Dura Mag batteries could sustain multiple years and irrigation seasons with very low failure rates.” McCrometer also sought to make the meter’s onscreen menu and user interface as simple as possible for its customers while equipping the meter with the latest technology. When users access the meter, the most important alerts are shown immediately so customers can quickly access the information they need. Dura Mag also includes an onboard data logger that is active on every new meter. This feature saves customers the need to request that capability, which Mr. Setzler said will give many irrigators and growers confidence that they will be able to retrieve their data even if the batteries should fail. McCrometer has taken the lessons learned from its other meters and simplified the Dura Mag meter design by using electromagnetic technology and incorporated improved battery and data logging systems to improve reliability. However, Mr. Setzler noted that Dura Mag is a supplement to McCrometer’s existing product lines, not a replacement for them. “We are still very much promoting our existing propeller meters. While there are some advantages we want to highlight with the Dura Mag and mag meter technology, we do not want anyone to think we are moving away from our propeller meters or that customers are generally favoring one technology over another. We feel like Dura Mag fills a need for some customers and fits well for certain applications.” Mr. Quandt added that McCrometer’s objective with Dura Mag was to take the positive attributes of its previous meter designs, simplify the products, and adapt them to agricultural and irrigation systems. “One thing we focus on when highlighting the durability of a new product like Dura Mag is how to leverage our existing mag meter and adapt it to new applications like agriculture. Much of that technology is time tested and proven over many years and many successful installations, so it is simply a matter of scaling the functionality to match the output. Dura Mag has also been simplified to reduce cost and increase reliability to be better suited for the agriculture market.” IL IRRIGATION LEADER
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WATER LAW
Marijuana, Hemp, and Water—OH, MY! The Legal Implications for Water Delivery for Marijuana and Hemp Cultivation
By Caroline Lynch
Colorado hemp farm.
T
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have legalized marijuana for recreational use, and others for medicinal use. Thirty-three states have adopted industrial hemp statutes of varying types and for a range of purposes. Seventeen states have enacted so-called therapeutic hemp laws to allow the cultivation of “low THC [tetrahydrocannabinol], high cannabidiol (CBD)” products for medical reasons in limited situations or as a legal defense. Nonetheless, it is illegal to grow marijuana and hemp (except under certain, limited circumstances), anywhere in the United States, even in states that have legalized it. That is because federal law, specifically the Controlled Substances Act (CSA), prohibits the manufacture, distribution, dispensation, or possession of marijuana for any purpose. The CSA classifies marijuana as a Schedule I drug, which means it has been deemed to have a high potential for abuse, no currently accepted medical use in treatment, and a lack of accepted safety for use under medical supervision. The statute broadly defines marijuana to include any variety of the plant Cannabis sativa L., including lower-THC-producing hemp plants. In enacting the CSA, Congress made several findings regarding the breadth and scope of the law, namely: “Controlled substances manufactured and distributed IRRIGATION LEADER
PHOTOS COURTESY OF COLORADO DEPARTMENT OF AGRICULTURE AND CAROLINE LYNCH.
he town of Nipton, California, is on the verge of a population boom. This former ghost town, which was founded in 1905 and sits near the Nevada border, was recently purchased by American Green, Inc., an Arizona-based marijuana technology company. American Green intends to make Nipton America’s “first energyindependent, cannabis-friendly hospitality destination.” Offering products ranging from cannabis-infused water to marijuana edibles, the new owners hope to make this sleepy hamlet on the edge of the Mohave Desert a destination hotspot for marijuana enthusiasts. But to make this dream a reality, American Green is going to need ingenuity, manpower, and water. Lots and lots of water. You cannot grow marijuana and hemp without it. The transformation of Nipton, California, into Marijuanaville, USA, provides the perfect backdrop for examining the complexities of federal and state marijuana and hemp laws and how those who facilitate the cultivation of these highly sought-after crops may find themselves on the wrong side of the law. Let us start with the basics. Twenty-nine states, the District of Columbia, Guam, and Puerto Rico have enacted some form of marijuana legalization or, more accurately, decriminalization laws. A handful of states
WATER LAW intrastate cannot be differentiated from controlled substances manufactured and distributed interstate. Thus, it is not feasible to distinguish, in terms of controls, between controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate. . . . Federal control of the intrastate incidents of the traffic in controlled substances is essential to the effective control of the interstate incidents of such traffic.” The Supreme Court in 2005 affirmed Congress’s authority to regulate (meaning, prohibit) marijuana cultivation and distribution, even when it is wholly intrastate and done pursuant to state law. So, until the Supreme Court reverses its ruling on Congress’s plenary commerce power (which is unlikely) or Congress itself removes marijuana from Schedule I, marijuana and hemp production will continue to be prohibited by the CSA. Congress has yet to vote to decriminalize marijuana. Instead, it has, for the last several years, instructed the U.S. Department of Justice and its agencies to not use funds “to prevent any of [the enumerated States] from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana [emphasis added].” What does that mean? Good question. The Justice Department arguably cannot prevent a state from implementing its medical marijuana laws, say by bringing a civil action against the state to have the state’s law declared preempted by the CSA. But can it still use its resources to enforce federal law in a manner that does not impede state implementation? In 2016, the Ninth Circuit split the difference. It ruled that funds used to investigate and prosecute medical marijuana operations in California and Washington violated the funding restriction. However, the government was not prohibited from taking legal action against those “who do not strictly comply with all state-law conditions regarding the use, distribution, possession, and cultivation of medical marijuana” because they would “have engaged in conduct that is unauthorized.” Therefore, marijuana grown for medicinal purposes in strict adherence to state law cannot be prosecuted under the CSA (for now, anyway). Any other marijuana, including marijuana sold under a state’s recreational law, is fair game. Congress has also muddied the waters with regard to industrial hemp, which continues to be prohibited by the CSA. Congress has yet to amend that statute to decriminalize hemp, although several bills pending before Congress propose to do that. Instead, as part of the 2014 Farm Bill, Congress exempted industrial hemp (hemp with a THC level of 0.3 percent dry weight basis) from the CSA if it is cultivated pursuant to state law for research purposes by a state agricultural department or institution of higher education. What do all of these laws mean for those in the business of delivering water? In 2014, the Bureau of Reclamation issued a policy that, if possible, is even murkier than IRRIGATION LEADER
Congress’s actions on the subject. The policy says that Reclamation will not approve the use of Reclamation facilities or contract water in the cultivation of marijuana and will report such use to the Justice Department. This goes without saying, considering that federal agencies must comply with federal law. Oddly, the policy makes no accommodation for industrial hemp cultivation that conforms to the Farm Bill. Just the opposite. By relying on the CSA’s definition of marijuana, it arguably includes in its policy hemp in any form grown for any purpose. Reclamation goes on to say that the policy does not apply to noncontract water commingled with contract water in a nonfederal facility. Those in the water delivery business should not read the Reclamation policy as sanctioning water delivery to marijuana cultivation so long as it is nonfederal water or does not pass through a federal facility (which is also open for interpretation). If water delivery rises to the level of aiding and abetting the manufacture of a controlled substance, the law does not care where the water came from. The Reclamation policy may have actually done more harm than good in this regard. If, in an effort to comply with the policy, irrigation districts are intentionally manipulating their water delivery so that only certain types of water are provided to marijuana or unsanctioned hemp farms, it could actually increase their exposure to liability. As the Ninth Circuit’s jury instruction on aiding and abetting makes clear, “[t]he intent requirement [of aiding and abetting] is satisfied when a person actively participates in a criminal venture with advance knowledge of the circumstances constituting the elements of the charged offense.” Does knowingly delivering water to a marijuana farm for profit constitute aiding and abetting? It just might. It may also trigger the CSA’s prohibition on maintaining drug-involved premises and the federal money laundering statute, both of which expose offenders to criminal and civil penalties and asset forfeiture. It is unlikely that irrigation districts are at the top of the list of targets for criminal prosecution by the Justice Department. And, at least for now, the department cannot pursue prosecutions against state-compliant medical marijuana or Farm Bill–compliant hemp cultivation. But knowingly facilitating unlawful activity on the assumption that you will not be prosecuted probably is not the best way to run a business. IL
Caroline Lynch is the founder and owner of Copper Hill Strategies LLC. Ms. Lynch has 15 years of Capitol Hill experience, including a decade with the House Judiciary Committee. You can reach Ms. Lynch at caroline@copperhillstrategies.com.
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Upcoming Events January 4–5 National Water Resources Association, Leadership Forum, Las Vegas, NV January 10–12 Four States Irrigation Council, Annual Meeting, Fort Collins, CO January 16–18 Idaho Water Users Association, Annual Convention, Boise, ID January 31–February 1 Irrigation Leader Magazine’s 6th Annual Operations and Management Workshop, Phoenix, AZ January 17–19 Groundwater Management Districts Association, 2018 Annual Conference, Baton Rouge, LA February 17–24 Australia Irrigation Education Tour January 24–26 Colorado Water Congress, 2018 Annual Convention, Denver, CO February 7–9 Montana Water Resources Association, Annual Conference, Fairmont Hot Springs Resort, Fairmont, MT February 8–9 Multi-State Salinity Coalition, Annual Salinity Summit, Las Vegas, NV February 22–23 Family Farm Alliance, Annual Meeting and Conference, Reno, NV February 27–March 1, Nevada Water Resources Association, 2018 Annual Conference, Las Vegas, NV March 8–11 Association of California Water Agencies, Spring Conference, Sacramento, CA March 7–9 Texas Water Conservation Association, Annual Conference, Cedar Creek, TX
Past issues of Irrigation Leader are archived at
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PHOTO BY DREW METZGER/TRESPASS PHOTOGRAPHY.
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