How to Verify Water Rights Before Buying a California Cannabis Farm
A well, creek or pond can make a farm look well supplied on a tour. Before you buy, verify who may use the water, where it can be used, when it is available and how much reaches the approved cultivation area. Compare the legal records with the actual water system and the site’s peak demand.
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Identify the water source and documents
| Source | Request before relying on it |
|—|—|
| Surface water diversion | The water-right record or other supporting documentation, holder and status, point of diversion, place and purpose of use, diversion season, volume limits and reporting history. |
| Well | County well permit and completion report, location and depth, recent pump test, maintenance history, water quality results and any local restrictions or shared rights. |
| Water district or supplier | Service agreement or account records, written confirmation of permitted use and available supply, and any restrictions or allocation limits. |
| Stored water | Documentation of the source used to fill storage, capacity and usable volume, authorization for the storage system where required, and recent inspection or maintenance records. |
| Shared system | Recorded easements or agreements, who may draw water, drought priorities, access for repairs and cost-sharing terms. |
Search the state records and compare them with the deed
Use the State Water Board’s California Water Accounting, Tracking, and Reporting System (CalWATRS) for available water-right records. Start with the seller’s application or registration number. Compare the holder, point of diversion and place and purpose of use with the APN and approved premises. Ask the Water Board how to update ownership and whether the proposed deal requires any other change. Ask a qualified water adviser to review unusual claims or missing records.
Water-quality coverage is a separate question. Request the applicable Water Board notice, enrollment or exemption documents, conditions and reporting history. Confirm with the board what the buyer or operator must do after a change in ownership or operations.
CalWATRS · State Water Board ownership information · Cannabis cultivation water quality program
Check seasonal supply and usable storage
The State Water Board generally requires cannabis cultivators to stop diverting surface water from April 1 through October 31. Streamflow and rainfall conditions can extend that period, and the conditions of the applicable right may add restrictions. Check the Water Board’s guidance and the conditions tied to the actual source. Groundwater has a separate set of questions, including well permits, local groundwater rules and physical yield.
Use a monthly supply estimate to compare lawful inflow, usable storage and projected demand. Account for existing users, water reserved for other purposes, losses and a dry-year margin. For example, if a tank nominally holds 50,000 gallons and 10,000 gallons are reserved or unusable, start with 40,000 gallons for your comparison. Then test it against actual demand and the dates when the source can replenish the tank.
State Water Board cannabis water-rights guidance · Seasonal diversion and source FAQs
Walk the system before releasing contingencies
Map the source, pumps, lines, crossings and storage against the approved plan. Check metering, pump capacity, tank condition and who owns and maintains each component. If an intake, road crossing or other work affects a streambed, confirm what California Fish and Wildlife documentation applies. Ask your transaction team to tie material open items to the relevant escrow deadlines.
California Fish and Wildlife cultivation permitting
Does a recorded well log establish how much water the buyer can rely on?
The log describes the well at completion. Request recent pump testing and verify the well’s operating history, access and local requirements for the proposed use.
Does Water Board enrollment establish a water right?
Enrollment addresses water quality requirements. Verify the legal basis for the supply separately and match the two records to the property.
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