No Water For You: Obama Administration Moves To Cut Off Water To Pot Growers In Washington and Oregon

220px-US-DOI-BureauOfReclamation-Seal.svg300px-Corps-engineers-archives_bonneville_dam_looking_eastFor months, the Obama Administration has been dealing with the growing revolt among the states over federal marijuana laws. Twenty states and the District of Columbia legalized medical marijuana use over the opposition of the federal government and medical use. Two states, Colorado and Washington, have legalized the sale and possession of marijuana. It is a classic conflict between states and the federal government under federalism. Some of us view the states as asserting a classic police power in an area that was left to the states under our federalism principles. Now the Obama Administration has said that it will withhold water from state-licensed pot growers in Washington state and Colorado. The decision by the U.S. Bureau of Reclamation is particularly problematic given the fact that the federal government has stepped in to take effective control of the water resources in these states and now appears to be using that control to try to coerce states to change their laws to satisfy the federal government.

Dan DuBray, the agency’s chief of public affairs, insists that “[a] a federal agency, Reclamation is obligated to adhere to federal law in the conduct of its responsibilities to the American people.” However, that position is inconsistent with the actions of the Obama Administration in other years. I recently testified (here and here and here) and wrote a column on President Obama’s increasing circumvention of Congress in negating or suspending U.S. laws. The Obama Administration has no qualms about rewriting laws like the ACA or ordering the non enforcement of other laws like the controversy over the DREAM Act. However, when administering a water resource, the Administration insists that it has to actively cut off water in order to indirectly support federal marijuana.

This argument is even less plausible when one considers that the Justice Department has altered its enforcement of the actual drug laws in light of these two state changes. So, the Administration is directly altering enforcement of the Controlled Substances Act but a water agency is actively changing its operations “in a manner that is consistent with the Controlled Substances Act.” Note this policy is not a refusal to make a change of accommodation but a decision to take action in a way to punish growers.

The decision of the federal government to take control of the water resources out West has long been controversial. Many warned that the control of water could result in an attempt to control a state’s internal policies or laws. The Bureau of Reclamation, the nation’s largest wholesaler of water, was created in 1902 to cover 17 states due to the building of federal dams and canals that took control of what was once free flowing surface waters. Part of the Department of Interior, it now delivers water to more than 31 million people and one out of every five Western farmers. In Washington state, that translates to 1.2 million acres of land — much of which is coming from the Columbia and Yakima rivers which once were under state control.

This is the first time in recent memory that the government is using the control as a weapon to punish errant states over its laws. The agency controls two-thirds of the water of Washington state’s irrigated land. Washington is most at risk for that reason (Oregon’s pot farms are only allowed for indoor growing).

Source: McClatchy DC

113 thoughts on “No Water For You: Obama Administration Moves To Cut Off Water To Pot Growers In Washington and Oregon”

  1. LMAO have to laugh because weve been warned about everything happening since they killed jfk for closing the federal reserve and reopening the usa bank which had no debt to it and many of you on these boards scoffed at and today still deny the truth of what is really happening…

    isnt that right nick s? lol

    smfh

  2. Who’d have thought that Governor Moonbeam would be against marijuana. You just can’t count on anything anymore.

  3. Karen, Your Governor Moonbeam wants to tax people by the miles they drive. Incredible.

  4. Oh, and I have a well. The Feds are considering a move where they would own the water table and charge well owners.

  5. Doglover- depending on where you get it, bottled water already is more expensive than gas.

  6. Eleazer- good point about states’ rights, which has been a hot topic here before.

  7. The concern that the federal government would abuse its power once it took control of state water resources proved prophetic.

    The Feds need to A) clarify a single position on marijuana and stick with it, rather than keep sending conflicting messages and B) stop abusing its power.

    This is just another point in a long line of this Administration’s abuse of power.

  8. You know, if you hadn’t paid takes on it I don’t think they’d have a claim. But this is just damn ridiculous.

  9. We aren’t really surprised, are we? Chalk up another one for the Assassinator Imperialistic President Obambya. Yes, I spelled Obambya right..because he will. (Oh, hello NSA, I’m just kidding..can’t you take a joke?)

  10. We’ve all read about the head of DEA making pronouncements that she’s not on board with some of the administration’s new policy guidelines on marijuana and drug conviction sentencing. So, which position represents that of the Obama administration? The answer is that not every single news item that arises is a directed by the administration.

    Besides, if the administration does nothing on a particular issue, conservatives pounce that the administration as lax and not following the law. If they pursue an issue with vigor, conservatives whine about the heavy hand of the administration. Best rule of thumb? Never ever pay any attention to what any conservative says about anything. They have nothing constructive to offer America.

    1. Rcampbell – regardless of what each administrative head says, it is what they do that matters. The American people and the world think Obama lies to them on important issues. Even though he was briefed in 2008 on the wait list for the VA and on at least two public occasions has referred to it, even ran on shortening it, he suddenly found out about it on TV. Now we all know that there is a certain point mathematically that his nose cannot grow any longer or he will fall over. He has got to be getting plastic surgery regularly on that nose.

    1. keebler – that stuff on the BLM stealing the land, that is ‘old news’ as Jay Carney would say.

  11. Darren, Great point about the Feds abusing their power. The Federal govt. is losing its moral authority, and this is just another example. Both Washington and Colorado have done this legalization the right way, except for draconian taxes. Maybe the Feds are just jealous. It’s a Chicago president. Maybe this is a good ol’ fashioned shake down. Kick back 5% or no water! The Chicago Way.

  12. Paul S

    You know how AZ affords those low taxes? The rest of us make up the shortfall. AZ ranked 10th in need of federal funds. MS is first. It’s always “thank god for MS’.

    BTW. Oak Creek Canyon is on fire and the fire is working its way up to Flag. That beautiful drive up 89A may not be quite as beautiful.

    Terrible news.

    1. Two things 1) you want to link that Arizona ‘needs’ that much in Federal funds. 2) I am tossed about Oak Creek Canyon. Every so often it needs to burn out for new growth. Like Yellowstone Park, it will come back. I am concerned about the people living in the canyon and hope they all get to safety and their fire insurance is paid up.

  13. In the attached article not even the state officials and the growers quoted believe that this ruling will have much of an effect on marijuana growing. The local state officials were the ones who asked for an analysis and forced the issue. My opinion on this is….meh.

    The legalization of marijuana is where the legalization of same sex marriage was ten to fifteen years ago. It’s just a matter time.

  14. State Representative Cary Condotta, serving North Central Washington, advocated much in the legislature to provide his consitituents access to marijuana growing. This district is mostly rural and agricultural. Irrigation is vital in many areas. It is more so in the Columbia Basin to the East.

    Marijuana is a legal crop in Washington under state law. Here the feds are essentially dictating what it believes is bad. Where does it stop? Next corn, apples, or barley?

    A retired state trooper told me yesterday there was a person in Eastern Washington who spent a lot of money constructing his legal marijuana cultivating business only to have this ruling come along and swipe everything out from under him.

    This entire affair is going to be a mess.

  15. It is really incredible what a coven of Control Freaks will do… openly.

    The FDIC is shutting off banking services to merchants and manufacturers of firearms by labelling them “dangerous.” FDIC! These are the guys that are supposed to protect us from unsound banking and crooks, which they’ve shown they cannot do. There are a snot-load of dangerous products that the FDIC has no problem with: chainsaws, circular saws, rat poison, bear traps, used tires, nail guns, welding equipment, hydrochloric acid, Chinese toys, Mike Bloomberg, prime time television, Clorox.

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