(a) Purpose. The purpose and intent of this Section is to measure and monitor the amount of water used for the cultivation of adult-use and medical cannabis that is grown in accordance with State law within the City in order to comply with State water reporting requirements.
(b) Water Meters. In addition to all applicable State and local laws and regulations, the following provisions shall apply to medical cannabis cultivation within the City that is conditionally permitted under Section 17.80.080 of this Code:
(1) Each Cultivation Permittee shall maintain a standard curbside water meter for consumption and billing purposes (“Standard Meter”).
(2) In addition to a Standard Meter, each Cultivation Permittee shall install and maintain a separate water meter that exclusively measures and monitors the amount of water used for cultivation purposes (“Cultivation Meter”).
(c) Water Reporting. In addition to the requirements under Subsection (b), Cultivation Permittees shall comply with the following reporting requirements:
(1) Each Cultivation Permittee shall report to the City the monthly quantity of water registered by its Cultivation Meter and used for cultivation purposes no later than the 10th day of the following month.
(2) Each monthly report submitted by a Cultivation Permittee shall also include the following information:
A. The total amount of water used for cannabis cultivation (measured in gallons and in acre-feet) for each month for each of the preceding 12 months. The report shall also tabulate the total amount of water used for cannabis cultivation for the combined preceding 12 months, as well as the combined months to date for the current calendar year.
B. The total irrigated acreage of cannabis cultivated (measured in square feet) for the year to date.
C. For outdoor, indoor, and mixed light cultivation, the average cultivated canopy size (measured in square feet) for the calendar year to date, the total number of plants harvested for the calendar year to date, and the total number of harvests for the calendar year to date.
D. Specify all the irrigation methods used for cannabis cultivation including, but not limited to; hand watering; drip or micro spray irrigation; flood irrigation; and row irrigation.
(3) Within 30 days of the effective date of this Section, each Cultivation Permitee shall submit to the City individual monthly water reports specifying all the information required under Section 17.80.081(c)(2) for each month since, and including, January 2016.
(d) Enforcement.
(1) Any cannabis cultivation within the City in violation of this Section is hereby declared to be unlawful and a public nuisance.
(2) Any party who engages in a violation of this Section, or who owns, possess, controls, or has charge of any parcel of real property in the City upon which a violation of this Section is maintained, shall be subject to the penalties and remedies provided by AMC section 17.80.080(e).
[Ord. No. 567, Section 2, 7/12/17; Ord. No. 588, Section 3, 5/23/18.]