1 00:00:00,000 --> 00:00:03,000 Mr. 2 00:00:03,280 --> 00:00:08,639 Very complete. I like it. Okay. I'd like to call this meeting to 3 00:00:06,319 --> 00:00:11,599 order. Welcome panel members. Thank you for 4 00:00:10,240 --> 00:00:15,839 being here tonight. Welcome staff. Commissioner Morgan and guests. Uh 5 00:00:14,080 --> 00:00:20,480 before we move forward in through the agenda, a couple housekeeping issues. 6 00:00:18,320 --> 00:00:27,199 Ask you to make check your cell phones. Make sure they're on. I just mine. And 7 00:00:24,080 --> 00:00:31,279 then on some rules of orders as far rules of order as far as recognition 8 00:00:29,119 --> 00:00:36,079 from the chair, if you have a comment, a question or any information that you 9 00:00:33,520 --> 00:00:40,800 would like to share, please raise your hand or get my attention somehow and 10 00:00:39,440 --> 00:00:45,440 raise hand would be good. And then I'll recognize you. Uh last meeting we had 11 00:00:43,280 --> 00:00:50,320 some interactive discussions. I appreciate that, but uh it got out of 12 00:00:48,399 --> 00:00:54,399 out of hand a couple times as far as people not being able to speak and get 13 00:00:52,800 --> 00:01:01,920 their points across. So again, I'd like you to uh follow that rule. And also, if 14 00:00:58,960 --> 00:01:06,560 um you could refrain from any issues that are not on 15 00:01:04,879 --> 00:01:11,119 the agenda, that would help also. So before we get 16 00:01:09,040 --> 00:01:15,280 started officially with a minute review, I'd like to uh open the floor to Sean if 17 00:01:13,760 --> 00:01:21,040 you have some housekeeping issues or some administrative issues. 18 00:01:17,680 --> 00:01:24,640 Yeah, I just uh like I um spoke to you about 19 00:01:21,600 --> 00:01:31,040 You might want to grab a mic. All right. So I'm just wondering um 20 00:01:28,720 --> 00:01:37,759 procedure as far as the emails that come in to me um from panel members or 21 00:01:35,119 --> 00:01:40,960 community members. Um, do you want that dispersed by email to you? Would you 22 00:01:39,680 --> 00:01:45,759 like me to make copies and made available here at the meetings when we 23 00:01:42,560 --> 00:01:50,320 meet? Uh, what what kind of procedure would you like around the emails that 24 00:01:47,200 --> 00:01:54,560 are coming in and pertinent to what's on our agenda and what we're speaking to? 25 00:01:53,439 --> 00:01:58,799 Like emails, just forward the emails. Like I think 26 00:01:56,799 --> 00:02:03,200 I've forwarded almost there was one that came in this afternoon that did not get 27 00:02:00,159 --> 00:02:09,159 forwarded. So that will go out tomorrow. But I'd like emails and then a copy 28 00:02:05,439 --> 00:02:09,159 written. Everybody needs 29 00:02:09,200 --> 00:02:15,280 you'll have to share that around. So probably for sure 30 00:02:13,280 --> 00:02:18,760 I'd like email as well as a written copy when we come here. 31 00:02:30,160 --> 00:02:35,360 Okay. So then I'd like next is to uh call for an approval of the minutes. 32 00:02:33,840 --> 00:02:39,200 Does everybody have an opportunity to read the minutes from the last meeting? 33 00:02:38,000 --> 00:02:42,400 So moved. All right. Second. 34 00:02:40,400 --> 00:02:47,360 Second. Motion is second. Any further discussion? Peter. 35 00:02:45,120 --> 00:02:52,800 Okay. So, all those in favor, please raise your hand. All those opposed are 36 00:02:50,800 --> 00:02:58,160 approved as written. How about 37 00:02:55,450 --> 00:03:04,040 [Music] does anyone abstain? 38 00:03:00,800 --> 00:03:04,040 Thank you. 39 00:03:04,800 --> 00:03:11,360 Thank you. All right. So, as you can see on the 40 00:03:08,159 --> 00:03:15,120 agenda, we're moving down item three will be a presentation by our water 41 00:03:12,959 --> 00:03:20,239 master Jakestone. We'll get to a minute and we'll follow up with questions after 42 00:03:17,040 --> 00:03:25,280 his presentation and then we will move into Valerie's proposal and hopefully 43 00:03:23,360 --> 00:03:33,599 everybody took the time to read it and she also is handed out a an update. 44 00:03:29,360 --> 00:03:40,720 So hopefully you can kind of review that uh before we get to her part of this 45 00:03:35,280 --> 00:03:45,680 agenda and then uh I'd like to insert uh okay we'll move on to All right then and 46 00:03:42,879 --> 00:03:51,200 um we'll move on to you do that. 47 00:03:47,440 --> 00:03:54,799 Okay. All right. So having said that u I'd like to introduce Jakestone and I'd 48 00:03:53,680 --> 00:04:00,319 like to thank you for being here tonight. We appreciate you taking time 49 00:03:57,040 --> 00:04:04,799 out to uh provide your information. Uh can everybody hear me? Yeah, 50 00:04:01,760 --> 00:04:08,319 definitely. Um so I walk around a lot, so I'll try not to walk in front of the 51 00:04:06,319 --> 00:04:12,000 slides here. Um I'm going to try and go through these pretty quick. It's kind of 52 00:04:09,680 --> 00:04:16,160 a rough and dirty water rights presentation and then we'll have some 53 00:04:13,840 --> 00:04:19,840 time for questions afterwards. Um I'd just like to thank everyone for inviting 54 00:04:17,519 --> 00:04:22,800 me here tonight. That's great. Uh any chance we have to talk about water, 55 00:04:21,199 --> 00:04:25,919 we're going to try and jump at it. Um, obviously this new fledgling industry is 56 00:04:24,560 --> 00:04:30,000 bringing up a lot of questions regarding water. So, uh, anytime you guys want to 57 00:04:27,919 --> 00:04:34,160 invite me back here or just want to send emails my direction, I've got a pile of 58 00:04:32,320 --> 00:04:39,120 cards in the back, uh, if anyone wants to contact me, go through there. So, uh, 59 00:04:36,400 --> 00:04:43,040 just thanks thanks for being here. Um, so Oregon Water Resource Department, 60 00:04:41,680 --> 00:04:47,520 um, for those who don't know, we're the managing entity for waters of the state 61 00:04:44,960 --> 00:04:52,000 in Oregon, and we deal with water rights disputes, uh, helping people file for 62 00:04:49,919 --> 00:04:54,880 water rights. Um, any kind of commercial agriculture requires a water rights. So, 63 00:04:53,680 --> 00:04:58,479 we're the department that you go through for that. Uh, we help municipalities and 64 00:04:57,120 --> 00:05:03,120 irrigation districts with their water rights issues and water rights needs. 65 00:05:00,639 --> 00:05:08,080 and we've been around to work with the state engineers office uh in the early 66 00:05:05,680 --> 00:05:11,120 1900s and then in about the 1960s we switched over to the water resource 67 00:05:09,360 --> 00:05:15,199 department. There's been somewhat of a paradigm shift. We used to be primarily 68 00:05:13,360 --> 00:05:19,600 focused on getting irrigators their water and then the endangered species 69 00:05:17,120 --> 00:05:22,800 act came out and we started to realize we shouldn't use all the water. We might 70 00:05:21,199 --> 00:05:26,639 want to hang on to some for fish habitat and that kind of thing. So in about the 71 00:05:24,720 --> 00:05:30,320 late ' 80s early 90s we kind of had a paradigm shift where we switched more to 72 00:05:28,240 --> 00:05:38,000 a uh conservation natural resource management model. So um we are complaint 73 00:05:34,960 --> 00:05:41,039 driven. Uh if we had the staff to do it we would drive around and knock on every 74 00:05:39,440 --> 00:05:44,400 door we could but unfortunately we do not. So a lot of times we you know we 75 00:05:43,120 --> 00:05:49,039 have a complaint we'll go to a certain area and then check with other 76 00:05:45,360 --> 00:05:53,199 irrigators in that area. Uh this little photo here is always a 77 00:05:51,039 --> 00:05:57,680 priceless gem. This was on my boss's door for years. Whisy's for drinking, 78 00:05:55,280 --> 00:06:00,800 water's for fighting, Mark Twain. And uh I didn't really realize the full scope 79 00:05:59,600 --> 00:06:04,160 of that until I started working for the water resource department. Uh I've 80 00:06:02,560 --> 00:06:10,479 worked over in the Clamoth Basin a few times and uh it's it very much is worth 81 00:06:07,440 --> 00:06:13,680 fighting. So, so what we can do, obviously I kind of 82 00:06:12,240 --> 00:06:17,199 covered that, but water rights research is find a well log. Uh if you're 83 00:06:15,520 --> 00:06:21,120 interested in a property, I strongly suggest coming to us first. Um people 84 00:06:19,520 --> 00:06:24,479 usually come to us last. I get a phone call saying, "I'm in escrow and I want 85 00:06:22,400 --> 00:06:28,720 to know about the water." Well, this could take a while. So, um, I just 86 00:06:27,120 --> 00:06:31,840 encourage people to get that message out there to come to us early in the process 87 00:06:30,319 --> 00:06:36,039 if you're interested in a parcel or you're interested in doing commercial 88 00:06:33,039 --> 00:06:36,039 act. 89 00:06:36,080 --> 00:06:41,360 Uh, water rights 101. So, a water rights kind of broken into a few different 90 00:06:40,000 --> 00:06:44,479 things and we're just going to briefly touch on this because I don't want to, 91 00:06:42,639 --> 00:06:48,160 you know, exhaust my 20 minutes on this, but there's the source of water, be it 92 00:06:46,400 --> 00:06:52,000 groundwater or surface water. So that's going to be your your appropriation or 93 00:06:50,560 --> 00:06:55,680 your kind of point of diversion if it's surface water. Types of use. A lot of 94 00:06:54,319 --> 00:06:58,560 people are applying for nursery, which is a year- round irrigation use. Right 95 00:06:57,120 --> 00:07:00,960 now, cannabis growers generally like to grow in the winter as well. Uh they 96 00:07:00,000 --> 00:07:05,520 don't stick to the traditional irrigation season. Um priority dates. So 97 00:07:03,919 --> 00:07:08,080 you can be regulated. This is the thing that people don't understand. They move 98 00:07:06,720 --> 00:07:13,120 to Oregon. They're like, I have a water right. I can do what I want. uh if you 99 00:07:10,240 --> 00:07:17,840 have a 1997 or a 2007 waterite and there's historic users on your uh your 100 00:07:15,599 --> 00:07:22,400 creek or your ditch, once the flows go down, we regulate 101 00:07:20,400 --> 00:07:25,919 based off the need of the senior users. So, your water rate might not really 102 00:07:24,240 --> 00:07:30,960 provide for you after August. And that's something that people don't understand. 103 00:07:28,560 --> 00:07:34,080 Um points of diversion and appropriation, again, that would be if 104 00:07:32,240 --> 00:07:37,840 you're on surface water or if you're off of a well. And then places of use is 105 00:07:36,560 --> 00:07:41,199 going to be where it's applied to. Another thing people don't understand is 106 00:07:39,360 --> 00:07:45,599 if you have uh one of the things we're running into with cannabis is that it's 107 00:07:42,880 --> 00:07:49,520 been for the last 15 or so years medical gardens were kind of hidden for security 108 00:07:47,360 --> 00:07:52,880 reasons and because just to keep it out of the public eye. Um so they're in 109 00:07:51,599 --> 00:07:57,520 places that weren't traditionally agricultural places. Um so if you have a 110 00:07:55,680 --> 00:08:01,120 water rate and it's for this part of your property and you're deciding to do 111 00:07:59,120 --> 00:08:03,840 your cannabis over here, there's a process. It's called a place of use 112 00:08:02,639 --> 00:08:07,520 transfer that you can go through with the state. It's totally fine if you have 113 00:08:05,840 --> 00:08:10,720 a water right. It is a process that's rarely if ever going to get denied, but 114 00:08:09,120 --> 00:08:15,199 it does have to happen in order for you to legally irrigate uh where you're 115 00:08:12,560 --> 00:08:19,120 proposing to do so. And then the must be used caveat. This 116 00:08:17,919 --> 00:08:22,319 is something that we're having to bring up a lot lately because if a waterite 117 00:08:20,800 --> 00:08:26,479 hasn't been used for five consecutive years, it's subject to cancellation. 118 00:08:24,240 --> 00:08:31,199 That process can be started in an involuntary cancellation affidavit by 119 00:08:28,800 --> 00:08:35,839 two or more neighboring properties who see that this hasn't been used for a 120 00:08:33,360 --> 00:08:39,200 period of five consecutive years. they'll start that process. It's a 121 00:08:37,599 --> 00:08:42,880 lengthy process. It's an expensive process. You It's on the landowner who's 122 00:08:41,039 --> 00:08:48,640 attempting to irrigate to prove up that they have irrigated in the last 5 years. 123 00:08:45,600 --> 00:08:52,240 Um this, you know, I hadn't seen any of these since I started with the 124 00:08:50,399 --> 00:08:55,360 department until cannabis started. And then someone would move in, start a 125 00:08:54,080 --> 00:08:59,440 cannabis grow with a water right that hadn't been exercised in a long period 126 00:08:56,800 --> 00:09:02,560 of time. Neighbors on either side find that they're upset with that for one 127 00:09:01,040 --> 00:09:06,640 reason or another, and then they start that process. So, another good question 128 00:09:04,640 --> 00:09:10,000 to ask uh or just to share with anyone if they're interested in getting into it 129 00:09:08,080 --> 00:09:14,320 or if they want to look into properties with water rights, has the water right 130 00:09:11,920 --> 00:09:18,000 actually been used? Uh, very important. Um, old ditches that no longer exist, 131 00:09:16,480 --> 00:09:21,760 there might be a non-cancled water right in that situation. Then people think 132 00:09:20,480 --> 00:09:26,560 they have a water, but they have no access to the water. 133 00:09:24,560 --> 00:09:31,920 Uh, exempt uses of surface water real quick here. Um, there are several 134 00:09:28,399 --> 00:09:36,240 exemptions for surface water. uh firefighting obviously some forest 135 00:09:33,600 --> 00:09:42,720 management pro practices stock water is an exempt use um uh livestock water 136 00:09:40,320 --> 00:09:46,320 obviously land management and with that land management it's the ability to 137 00:09:44,720 --> 00:09:50,000 divert water for a temporary period of time when you're doing riparian habitat 138 00:09:47,760 --> 00:09:55,200 work that kind of thing and then rainwater um impervious surface 139 00:09:53,279 --> 00:09:58,480 catchments is a pretty big one especially on the coast where they get 140 00:09:56,320 --> 00:10:03,760 so much rain um those are things that we'll look at on a case by case uh and 141 00:10:01,600 --> 00:10:06,399 kind of see if you have the the system or infrastructure in place to actually 142 00:10:05,200 --> 00:10:11,760 provide enough water to do your agricultural uh projects. 143 00:10:10,000 --> 00:10:16,240 And then exempt uses of ground water. So this is a big one right now. The state 144 00:10:13,839 --> 00:10:22,000 of Oregon has exempt uses for domestic well 15,000 gallons a day and that's for 145 00:10:19,120 --> 00:10:26,959 your inside the home use around the home use and then up to a half acre lawn and 146 00:10:24,720 --> 00:10:31,120 garden non-commercial. So that's the little the tiein right there. If it's 147 00:10:28,720 --> 00:10:35,839 non-commercial, you can grow whatever you'd like for a half acre. If it's 148 00:10:33,920 --> 00:10:41,680 going to be a commercial product, it requires a water rate. So, that's one 149 00:10:38,480 --> 00:10:46,240 that we we find people not getting full information on or having kind of a 150 00:10:43,680 --> 00:10:51,519 different idea of it. There's this 5,000 gallons per day commercial and 151 00:10:48,000 --> 00:10:55,360 industrial exemption. And it was unclear as to whether or not they could be used 152 00:10:53,040 --> 00:11:01,839 to pro promote plant growth with the intent to sell. Uh during the great boom 153 00:10:58,560 --> 00:11:06,000 in the early thousands um they had the DOJ do a review of it and they decided 154 00:11:04,399 --> 00:11:11,600 that it was not to be used to promote plant growth. So that 5,000galon a day 155 00:11:08,480 --> 00:11:15,440 exemption um we've we've seen growers who have large infrastructure green 156 00:11:13,279 --> 00:11:19,440 houses and warehouses and you can use it for cleaning your processing equipment 157 00:11:17,600 --> 00:11:25,399 obviously for drinking water and washing stations but it is not be to be used to 158 00:11:21,839 --> 00:11:25,399 promote plant growth 159 00:11:26,810 --> 00:11:33,440 [Music] and available water for new uses. Um 160 00:11:31,360 --> 00:11:37,440 this is kind of a Jackson and Josephine County thing. Uh Jackson and Josephine 161 00:11:35,839 --> 00:11:40,880 County have stored water in the Applegate and Lost Creek reservoir. So 162 00:11:39,440 --> 00:11:44,880 that's water that can be applied for if you have access to either the Applegate 163 00:11:42,560 --> 00:11:48,240 or the Rogue River. Uh so that means that you can get new water rights off of 164 00:11:46,320 --> 00:11:53,360 that. That having been said, it is a federally managed project and the Bureau 165 00:11:51,760 --> 00:11:57,200 of Reclamation has released a statement saying that they will not provide water 166 00:11:54,880 --> 00:12:01,839 for marijuana cultivation specifically, but I myself have yet to 167 00:12:00,079 --> 00:12:05,279 hear of them saying no to a specific application that applied for 168 00:12:02,959 --> 00:12:08,560 agriculture. So if you want more information on that, I always suggest 169 00:12:06,639 --> 00:12:13,839 contacting the Bureau of Re reclamation directly and and seeing if they have a 170 00:12:10,800 --> 00:12:15,120 new statement on that, Jake. 171 00:12:14,480 --> 00:12:19,920 Yes. Since Lost Creek, 172 00:12:17,920 --> 00:12:24,880 since Lost Creek and Applegate Reservoirs are are the Army Corps of 173 00:12:22,480 --> 00:12:28,800 Engineers, right? And they fall under the federal jurisdiction. Is that 174 00:12:26,639 --> 00:12:32,560 correct? How does that interplay with the fact that the water goes to the 175 00:12:30,399 --> 00:12:38,000 state to regulate? Is that what is that correct? Yeah. So there's kind of a 176 00:12:35,040 --> 00:12:42,399 how can the state then use it or what federal laws state is illegal? How does 177 00:12:41,839 --> 00:12:45,360 that work? So yeah, there's a that's a good 178 00:12:43,680 --> 00:12:49,839 question and it's one that smarter people than myself and armies of lawyers 179 00:12:47,839 --> 00:12:53,440 have argued back and forth on. There's a co-mingling of waters. You can't say 180 00:12:51,680 --> 00:12:56,079 that every single drop of water that's coming down the Rogue River is coming 181 00:12:54,639 --> 00:12:59,440 from Lost Creek Reservoir. And conversely, you can't say the same for 182 00:12:57,440 --> 00:13:03,120 the Applegate Reservoir. However, if you're going to apply specifically for 183 00:13:01,360 --> 00:13:07,760 project water that's managed by a federal entity, then it's directly 184 00:13:05,519 --> 00:13:11,519 conflicting with federal rules and regulations. The waters that feed into 185 00:13:09,839 --> 00:13:15,519 both of those reservoirs are waters of the state until they're impounded and 186 00:13:13,200 --> 00:13:20,639 stored in the reservoir. So, as you can see, it gets kind of gray area and 187 00:13:18,079 --> 00:13:23,839 sticky, but there is a co-mingling of the waters that are in there. So, if 188 00:13:22,320 --> 00:13:27,360 it's a water that's if you're applying directly from the Bureau of Reclamation, 189 00:13:25,680 --> 00:13:30,240 then that would be federal water. If you're applying for state waters either 190 00:13:28,880 --> 00:13:34,959 above or below the reservoir, then there's a co-mingling. So that's where 191 00:13:32,639 --> 00:13:38,880 it's at. As a as a followup, what's the 192 00:13:36,399 --> 00:13:43,200 jurisdiction of before, prior to the reservoir, after the reservoir? What's 193 00:13:40,480 --> 00:13:46,639 the jurisdiction there? Any case law on whose jurisdiction prevails? 194 00:13:45,040 --> 00:13:50,480 Um, state or you mean like prior to the reservoir 195 00:13:48,240 --> 00:13:53,360 even being constructed or water above the reservoir? 196 00:13:51,680 --> 00:13:56,320 Anywhere. Uh, I would assume that anything above 197 00:13:54,959 --> 00:14:00,480 the reservoir is going to be managed by the state. Um, if there's waters below 198 00:13:58,639 --> 00:14:03,600 the reservoir, most of the time any kind of water rights infractions are going to 199 00:14:01,760 --> 00:14:06,720 be managed by us. The Bureau of Reclamation, which is the managing 200 00:14:04,959 --> 00:14:10,000 partner for those reservoirs, does not have inspection teams as far as I know, 201 00:14:08,720 --> 00:14:12,880 and they don't have people who go out and complaints. If you have a water use 202 00:14:11,360 --> 00:14:16,240 complaint, it comes to my department, and then we go and deal with it. The 203 00:14:14,560 --> 00:14:19,519 Bureau of Reclamation really manages the dam along with the Army Corps of 204 00:14:17,760 --> 00:14:23,920 Engineer and the paperwork and contracting of the water rights that 205 00:14:20,880 --> 00:14:27,279 come out of it. So obviously there's a discrepancy on whether or not the 206 00:14:25,199 --> 00:14:31,040 federal government recognizes commercial uh recreational cannabis and the state 207 00:14:28,959 --> 00:14:37,560 of Oregon. Thankfully I'm just the Oregon guy for water. So that's what I 208 00:14:33,120 --> 00:14:37,560 focus on. Um 209 00:14:37,760 --> 00:14:43,600 let's see uh this groundwater caveat. I just want to explain this. If you're if 210 00:14:42,079 --> 00:14:48,160 you have a well that's more than a/4 mile from an identified water course or 211 00:14:45,519 --> 00:14:51,360 fishing stream, then you can apply for a groundwater right. Um, so that is 212 00:14:49,839 --> 00:14:55,360 another new appropriation method by which you can get water rights if you do 213 00:14:52,720 --> 00:15:00,480 not have them. Oops, a little fast there. Um, this is 214 00:14:57,920 --> 00:15:04,399 the website. Uh, it's on the bottom of my cards, too, so don't bother writing 215 00:15:02,639 --> 00:15:07,279 it down if anyone wants that information, but this is a really useful 216 00:15:05,920 --> 00:15:10,560 website and there's a ton of information on here where you can find a well log. 217 00:15:09,279 --> 00:15:13,920 You can look up water rights. You can get a rough idea of whether or not you 218 00:15:11,760 --> 00:15:16,880 have water rights. And then we have just the agency spotlight where there's 219 00:15:15,519 --> 00:15:21,360 updates on things that are going on, the Clamoth regulation 220 00:15:18,880 --> 00:15:25,760 down here, water use and marijuana. So we're we're trying to keep up with the 221 00:15:22,959 --> 00:15:30,800 OLCC and OA updates as they come down the pipe and trying to publish how that 222 00:15:28,320 --> 00:15:34,639 affects water. So question, there was one um bullet that you did not 223 00:15:33,199 --> 00:15:39,920 Oh, sorry. There was one bullet on the Yeah, the uh 224 00:15:37,600 --> 00:15:47,440 store water, winter water for reservoirs and ponds. So is that not um 225 00:15:44,320 --> 00:15:50,720 administered by the usual irrigation dates? 226 00:15:48,320 --> 00:15:55,360 Yeah. So uh the stored water reservoir and pond. So in a lot of drainages all 227 00:15:53,759 --> 00:15:58,079 of the surface water is appropriated. That means that at some point or another 228 00:15:56,800 --> 00:16:02,800 they issued water rights for everything that they found was available. 229 00:16:00,320 --> 00:16:06,800 The caveat to that is during the spring runoff, you can apply for a storage 230 00:16:04,720 --> 00:16:09,920 right, an offch storage right, meaning that when there's a lot of water coming 231 00:16:08,639 --> 00:16:13,680 through the system, you could apply for a pond structure. You would fill it. You 232 00:16:12,399 --> 00:16:17,199 would have the months of anywhere from January to April to fill it depending on 233 00:16:15,440 --> 00:16:19,920 where you're located at. You get a one-time fill and then you don't get to 234 00:16:18,800 --> 00:16:23,040 fill it again for the rest of the year, but you can irrigate out of it if you 235 00:16:21,600 --> 00:16:26,320 apply for the proper certificates. So, yeah, I'm glad you pointed that out. 236 00:16:24,399 --> 00:16:33,000 That is another method to get water rights. And then the impervious surface 237 00:16:27,839 --> 00:16:33,000 again comes back to that exemption. So 238 00:16:34,160 --> 00:16:45,360 I'm I am assuming that those ponds, storage ponds that are fed by a spring 239 00:16:42,399 --> 00:16:50,560 are still exempt. Is that true? Uh so springs um it's considered water 240 00:16:48,480 --> 00:16:55,199 of the state if it runs off of your property in a defined channel. If it 241 00:16:53,600 --> 00:16:58,320 never leaves your property, then it's an exempt spring. But if that's something 242 00:16:56,959 --> 00:17:03,120 anyone wants to do agricultural practices on it, we really encourage you 243 00:17:01,199 --> 00:17:07,600 to come to us because we'll do an a spring investigation. We'll make some 244 00:17:05,280 --> 00:17:10,720 notes of what it's yielding. And so then you have that registration. So moving 245 00:17:09,280 --> 00:17:14,319 forward, if there's a complaint or if you sell the property, you can say I'm 246 00:17:12,400 --> 00:17:19,600 registered with the state. It's not a water right because it's an exempt use, 247 00:17:17,280 --> 00:17:24,319 but we've come out, we've verified that. So yeah, so if you had a springfed pond 248 00:17:22,240 --> 00:17:28,880 that just bubbled up out of the ground, then it would be probably an exemption 249 00:17:26,799 --> 00:17:32,799 unless you created the pond structure, right? You're keeping the water from 250 00:17:30,240 --> 00:17:35,919 going where it naturally would have. So those become really difficult to try and 251 00:17:34,480 --> 00:17:40,400 prove up on some of these really really old ponds that have never been permitted 252 00:17:37,679 --> 00:17:44,400 or recognized or anything. So but yeah, that's 253 00:17:42,000 --> 00:17:48,640 today they might get involved. No. Uh who they uh 254 00:17:46,080 --> 00:17:53,520 ponds might get in involved in some of this growing because 255 00:17:51,120 --> 00:17:57,919 people have always said that if you have a spring pet pond that originates on the 256 00:17:56,320 --> 00:18:02,320 source that's on your property does not run off your property and clearly define 257 00:17:59,919 --> 00:18:04,799 channels the water is yours to do what you wish to. You can irrigate or 258 00:18:03,760 --> 00:18:08,640 anything else out of it. Right. If it's deemed an exempt source 259 00:18:06,799 --> 00:18:12,320 of water. So that means we have to come out and make that assumption. So is it 260 00:18:10,240 --> 00:18:16,240 not an assumption also then Jake that they get involved in today's market 261 00:18:15,200 --> 00:18:20,240 about irrigating? Sure that's a fair assumption since 262 00:18:17,760 --> 00:18:24,160 we're throwing that word around a lot. Uh this is just another look at the 263 00:18:22,080 --> 00:18:28,320 website a little more in detail with the find a well log. Um obtaining your new 264 00:18:27,200 --> 00:18:31,840 water right. I don't know how familiar you are with the process but there's the 265 00:18:29,919 --> 00:18:34,960 application. Then you get a permit and then you have 5 years to prove up on the 266 00:18:33,600 --> 00:18:37,360 permit. The permit's going to state where your conditions are, what your 267 00:18:36,080 --> 00:18:41,039 rate, what your duty is, if you're building a pond, what the structure can 268 00:18:38,720 --> 00:18:44,559 be. You have 5 years to hire a certified water rights examiner to come out and 269 00:18:42,960 --> 00:18:49,120 prove up on the water right. That's called a claim of beneficial use. Uh the 270 00:18:47,039 --> 00:18:53,039 unfortunate reality is a lot of water rights get stuck here 271 00:18:51,520 --> 00:18:58,080 because you have a piece of paper in your hand that says you can store water, 272 00:18:55,280 --> 00:19:02,400 but there's this other step here. And if this doesn't happen in a five-year 273 00:18:59,760 --> 00:19:06,720 period and there's no extension filed, your water right or your water right 274 00:19:04,080 --> 00:19:10,799 permit could be cancelled. Um, a lot of new water right applications after 2000 275 00:19:09,679 --> 00:19:14,400 were finding that this has happened quite a bit. I spoke to a gentleman on 276 00:19:12,640 --> 00:19:19,840 the phone today and I have a water right. Well, you had 12 you had 5 years 277 00:19:17,679 --> 00:19:23,039 to prove up on it 12 years later. So, those things can happen. It's just a 278 00:19:21,840 --> 00:19:28,480 matter of kind of following through with that whole process. the flowchart 279 00:19:26,000 --> 00:19:31,919 just a water right general water right here you're going to have your source 280 00:19:29,440 --> 00:19:37,600 priority date what the use is uh where your diversion point is the diversion 281 00:19:34,160 --> 00:19:42,240 point is another big um topic because you may have a water right but you might 282 00:19:39,520 --> 00:19:46,080 not have access to the ditch or you might not have access to the pump 283 00:19:43,679 --> 00:19:50,720 station. Um we're running into that a lot. You know roads get put in and they 284 00:19:48,480 --> 00:19:53,440 just bisect an entire irrigated parcel. Well, it's still covered by a valid 285 00:19:52,080 --> 00:19:56,480 water right, but you have no access to it. So, that's another thing to look 286 00:19:55,200 --> 00:20:00,000 into when people are, you know, considering a project projects and 287 00:19:58,320 --> 00:20:04,640 they're also considering new properties. So, 288 00:20:02,720 --> 00:20:07,600 just a general map here. This is what you're going to find with your 289 00:20:05,520 --> 00:20:12,400 certificate and and that's just outlining your place 290 00:20:09,280 --> 00:20:15,600 of use. Um, I might leave this up at the end, but this just goes into these 291 00:20:13,919 --> 00:20:20,160 exemptions a lot more in depth and this is a big hot topic, a big topic of 292 00:20:17,919 --> 00:20:24,240 debate here. Uh, and then this up here is a group shot. We had a bunch of 293 00:20:22,480 --> 00:20:28,000 decision makers from Salem come down who'd never seen marijuana gardens. So, 294 00:20:26,799 --> 00:20:30,480 you know, the folks that are making the decisions might want to get a look at 295 00:20:29,120 --> 00:20:34,000 them. So, they came down and we did a field trip and drove around on the apple 296 00:20:31,760 --> 00:20:37,440 gate and some uh some of the larger growers out there that were willing to 297 00:20:35,520 --> 00:20:40,400 have us on the property. A lot of these people were pretty amazed. They had no 298 00:20:38,960 --> 00:20:44,880 idea. They they still thought they were these little shrubberies and um seeing, 299 00:20:43,280 --> 00:20:50,000 you know, the commercial agricultural aspect of it and that it, you know, can 300 00:20:46,640 --> 00:20:50,000 be a much larger thing. 301 00:20:50,880 --> 00:20:57,120 um use of water to grow a crop. Commercial, you need a water right. I 302 00:20:54,240 --> 00:21:03,679 mean, that's really the the theme of this whole slide. Um other sources are 303 00:21:01,919 --> 00:21:07,120 uh water providers such as a city, municipality, or an irrigation district 304 00:21:05,600 --> 00:21:11,919 if you're in an irrigation district boundary. And then water trucks. And I'm 305 00:21:09,200 --> 00:21:15,840 I'm bolding this here, receipts, because we're finding people who apply for OCC 306 00:21:14,000 --> 00:21:19,440 Rec Gardens and they have a contract, but they don't actually get any 307 00:21:17,679 --> 00:21:23,679 deliveries. Now, this isn't everyone. It's, you know, there's always a bad 308 00:21:21,200 --> 00:21:28,000 apple in every bunch. Uh, but you got to keep your receipts cuz if I get 309 00:21:25,280 --> 00:21:31,200 complaints saying that no one's actually delivering water and I go out there and 310 00:21:29,760 --> 00:21:33,760 there are no receipts and I call the trucking company that you have the 311 00:21:32,240 --> 00:21:37,520 contract with and they've never made a delivery to you, then it's a violation 312 00:21:35,440 --> 00:21:43,360 of water law cuz they're using their well 313 00:21:40,480 --> 00:21:48,960 and and so um uh observations about groundwater 314 00:21:46,480 --> 00:21:51,919 applications. So another thing is even though when we're going through the 315 00:21:50,159 --> 00:21:54,880 application process together and I look at the availability and I say there's 316 00:21:53,440 --> 00:21:58,880 water available here for a new groundwater right we're having such a 317 00:21:56,559 --> 00:22:03,840 dramatic influx in new applications for water for groundwater rights that 318 00:22:02,320 --> 00:22:07,679 depending on how long it takes for you to get through the review process which 319 00:22:05,760 --> 00:22:11,520 I wish it was faster but it's about 6 months to 18 months depending on what 320 00:22:09,120 --> 00:22:15,600 you're applying for you know there could be someone in front of you who gets that 321 00:22:13,440 --> 00:22:18,960 last water right in a basin so it's just another thing to consider we're we're 322 00:22:17,039 --> 00:22:23,919 you know We're on a limited resource here and we are going to be running out 323 00:22:20,960 --> 00:22:28,080 of uh room for new groundwater rights. And then we have an increased number of 324 00:22:25,760 --> 00:22:33,120 complaints and concerns about illegal use and the impacts on neighboring 325 00:22:30,080 --> 00:22:36,799 wells. Now, to this point, the Oregon Water Resource Department has yet to 326 00:22:34,799 --> 00:22:41,520 have a proven groundwater interference claim from a cannabis grow. Now, let me 327 00:22:39,600 --> 00:22:45,200 let me explain that a little bit. Everyone's heard an anecdotal story of 328 00:22:43,200 --> 00:22:49,440 someone's well going dry. A lot of these are handdug wells which do not have well 329 00:22:47,840 --> 00:22:53,200 construction standards and do not go down in confining aquifers. These are 330 00:22:51,280 --> 00:22:58,640 surface wells that are, you know, less than 20 ft deep. That's not regulated by 331 00:22:56,080 --> 00:23:01,280 the department. Surface wells are since they don't meet any construction 332 00:22:59,760 --> 00:23:05,440 standards, they wouldn't stand up in an argument in court. So unless it meets 333 00:23:03,360 --> 00:23:10,559 construction standards, it doesn't get that defensible position. So, as far as 334 00:23:08,640 --> 00:23:14,000 properly constructed wells that happen in aquifers, we have yet to see one 335 00:23:12,240 --> 00:23:17,600 case. I've just heard a lot of stories out 336 00:23:15,520 --> 00:23:21,919 there of people's wells going dry and it does happen with surface wells. Surface 337 00:23:19,520 --> 00:23:25,520 wells is kind of your Wamut Valley aquifer, right? It's a shallow aquifer 338 00:23:23,919 --> 00:23:28,080 and everyone's sticking a straw in it. If you just have more homes, obviously 339 00:23:27,039 --> 00:23:31,919 it's going to draw down a little bit, but when we're talking about real 340 00:23:29,200 --> 00:23:35,840 aquifers, groundwater aquifers, we have yet to see any cases of um surface 341 00:23:34,080 --> 00:23:39,919 interference or draw down from other wells. 342 00:23:38,159 --> 00:23:46,559 So what I'm talking about with these applications, 343 00:23:42,480 --> 00:23:52,480 this is uh January 4th two or January 2004 344 00:23:48,080 --> 00:23:56,159 to January 2015 and this is 40. This line here is 40. That's cumulative total 345 00:23:54,640 --> 00:24:02,960 of groundwater applications in that period of time. Since legalization, 346 00:24:00,159 --> 00:24:05,919 we've gone quite a bit higher and we still have the same amount of staff 347 00:24:04,320 --> 00:24:09,039 doing these application processes. That's part of the reason it takes so 348 00:24:07,200 --> 00:24:13,200 much longer and we still have the same amount of field staff if if anything 349 00:24:11,120 --> 00:24:19,039 less field staff to deal with complaints and issues related to it. Um, so I I I 350 00:24:17,520 --> 00:24:23,440 stole this chart from Siobhan Haynes, the Jackson County water master. It's 351 00:24:20,960 --> 00:24:30,279 kind of our hockey stick, but you can see in it that clearly there's a lot of 352 00:24:26,159 --> 00:24:30,279 interest in new groundwater rights. 353 00:24:31,360 --> 00:24:39,120 uh this simple geometry slide. This is kind of when we're talking about um that 354 00:24:36,640 --> 00:24:42,480 halfacre exempt for non-commercial. That halfacre exemption for non-commercial is 355 00:24:40,960 --> 00:24:48,559 what most medical gardens are sitting inside of. And what we do in that is 356 00:24:45,679 --> 00:24:53,360 we're not measuring this field, this dry dirt. We're measuring the 357 00:24:51,520 --> 00:24:56,880 diameter of this pot and doing our simple geometry and figuring out what 358 00:24:54,640 --> 00:25:00,799 the wed perimeter is. Uh if you have raised beds like this, we're measuring 359 00:24:58,720 --> 00:25:05,919 your raised beds. If we go to a garden with raised beds and it's clearly 360 00:25:03,919 --> 00:25:11,679 irrigating the rows between, which is obvious in late August, um cuz this is 361 00:25:08,799 --> 00:25:15,440 southern Oregon, so if it's not dead, then it's being wetted. So that's kind 362 00:25:14,080 --> 00:25:21,520 of how we measure the footprint for medical gardens. If it's in ground, we 363 00:25:18,080 --> 00:25:27,120 measure the space. So, and we can we can touch on that again later. 364 00:25:24,080 --> 00:25:31,440 Uh changes in irrigation methods. Um, this is something that, uh, Siobhan and 365 00:25:29,279 --> 00:25:36,240 I have been looking uh, looking at a lot. Uh, it's kind of interesting 366 00:25:33,679 --> 00:25:40,720 because traditional flood irrigation, uh, center pivot sprinklers, um, you 367 00:25:38,559 --> 00:25:45,279 know, the big wheel lines are rather inefficient for actual, um, you know, 368 00:25:43,279 --> 00:25:50,640 irrigation methods. What we're finding is a lot of folks who used to do uh you 369 00:25:47,679 --> 00:25:54,240 know a couple cutings of hay a year now someone came in and rented and just put 370 00:25:52,480 --> 00:25:59,039 a fence in the middle of it and they're using less water and just applying it to 371 00:25:56,080 --> 00:26:02,720 a smaller space. Um this is another good aerial that's 372 00:26:00,720 --> 00:26:06,799 kind of showing that process. You can see this is the canal going through the 373 00:26:05,440 --> 00:26:10,559 middle of it. You can see how green and verdant everything is in the previous 374 00:26:08,480 --> 00:26:14,960 year. And then now they're drying up these fields. And these are the 375 00:26:12,880 --> 00:26:20,000 marijuana grows. And then this is an area that's still being done for hay. Um 376 00:26:17,600 --> 00:26:23,919 so what this gives us an opportunity for is conservation. Um there's something 377 00:26:22,240 --> 00:26:27,440 called instream lease. And that means that you don't want your water right to 378 00:26:25,279 --> 00:26:32,159 get cancelled for non-use, but you're not going to use it. Excuse me. You can 379 00:26:30,080 --> 00:26:36,320 lease that instream for a period of up to 5 years. It's not a very expensive 380 00:26:34,559 --> 00:26:40,320 process at all. keeps your water right valid and it gives more to the fish 381 00:26:37,840 --> 00:26:44,159 habitat. That water can't be applied for by a new water user, but it's a great 382 00:26:42,559 --> 00:26:47,520 opportunity to give more water to the stream system in the riperian habitat. 383 00:26:46,240 --> 00:26:50,960 Um, so that's something that we've been trying to like encourage people to do as 384 00:26:49,120 --> 00:26:56,159 they move forward. Someone comes in and just wants to do a 1 acre or half acre 385 00:26:53,679 --> 00:26:59,120 inside of this huge field, we'll work with them on trying to get that least 386 00:26:57,520 --> 00:27:04,480 instream, the remainder of that water, right? And that's a real simple process. 387 00:27:01,760 --> 00:27:09,440 It's probably the cheapest application we have uh compared to everything else 388 00:27:06,640 --> 00:27:16,880 that you could apply for with the state. Um just another before and after. 389 00:27:13,840 --> 00:27:20,000 And then uh I'll I'll go for open questions here in a second, but these 390 00:27:18,400 --> 00:27:24,960 are the main points I want to hammer in here. Commercial aggreate commercial 391 00:27:22,240 --> 00:27:29,520 agriculture requires a water rate. The irrigation season in the Rogue Basin, 392 00:27:27,039 --> 00:27:33,360 unless otherwise notated on the certificate, if you apply for year- 393 00:27:30,799 --> 00:27:37,360 round irrigation, is April 1st to October 31st. 394 00:27:35,679 --> 00:27:40,480 And that's a big thing cuz a lot of people don't realize that they start a 395 00:27:39,120 --> 00:27:44,159 little earlier than April and they want to end a little later than October or 396 00:27:42,159 --> 00:27:48,320 maybe they want to do some greenhouse grows or uh indoor grows throughout the 397 00:27:46,640 --> 00:27:52,440 winter. If it's commercial, you're going to still need a water rate for that. 398 00:27:52,799 --> 00:27:58,480 Uh again the decre decrease irrigation footprint is an opportunity for 399 00:27:56,559 --> 00:28:02,720 conservation. Meters are your friend. And the point behind the meters are your 400 00:27:59,840 --> 00:28:05,600 friend statement is if a meter is a condition on new permits it's not 401 00:28:04,159 --> 00:28:09,679 necessarily on a lot of the old permits. If you put a meter on your permit and 402 00:28:06,960 --> 00:28:14,080 you can show your water use, then it kind of helps the argument of am 403 00:28:11,679 --> 00:28:17,840 I using too much water? Does my neighbor who's complaining against me have 404 00:28:15,279 --> 00:28:22,240 validity in this statement or should I turn down my water use? Am I using too 405 00:28:19,600 --> 00:28:26,320 much? So, uh, and then when in doubt, contact the water master's office. Um, 406 00:28:24,720 --> 00:28:29,679 in this little thing here, you're grandfathered. Grandfathered water 407 00:28:27,600 --> 00:28:33,440 rights don't exist. Just want to put that out there cuz it's a word that gets 408 00:28:31,279 --> 00:28:37,200 thrown a lot, thrown around a lot. And I know they're they're using it with OA 409 00:28:35,120 --> 00:28:40,960 and we use it a lot regarding things that have been approved and then rules 410 00:28:38,720 --> 00:28:46,000 change, but grandfather water rights don't exist. So, 411 00:28:43,679 --> 00:28:50,399 uh, questions. I'm sorry if I went over. I don't really know where to use the 412 00:28:48,399 --> 00:28:55,679 microphone. Thanks Jay. Uh regarding the irrigation 413 00:28:53,039 --> 00:29:01,120 season, how does that apply if people want to grow all your if you have a 414 00:28:58,640 --> 00:29:03,200 limited irrigation season, then how do they get an exemption from the 415 00:29:02,399 --> 00:29:06,000 limitation? Right? So you wouldn't get an exemption. 416 00:29:04,480 --> 00:29:10,159 What you would do is you do a character of use transfer. And what that means is 417 00:29:08,640 --> 00:29:13,679 there are two parts to a water rate. You have your rate and duty. And your rate 418 00:29:11,840 --> 00:29:17,520 is how many gallons per minute or how many cubic feet per second you're 419 00:29:15,120 --> 00:29:21,760 allowed to divert or take from a well or a surface water source. Your duty is 420 00:29:20,000 --> 00:29:25,600 your annual aotment. So it'll be something acre feet, 10 acre feet, 9 421 00:29:23,679 --> 00:29:28,640 acre feet, something like that. So what they would do is you would do a 422 00:29:26,880 --> 00:29:33,760 character abuse change. You'd still get that same annual use. It just be spread 423 00:29:31,679 --> 00:29:37,840 out at a lower rate throughout the year. Uh that is a process that you can go 424 00:29:35,279 --> 00:29:40,240 through. Um it's not as lengthy as applying for a new water rate. And 425 00:29:38,880 --> 00:29:43,840 again, since you already have a water, right, it's nine out of time, nine out 426 00:29:42,480 --> 00:29:49,919 of 10 times going to go through the transfer. So, so yeah, good question, 427 00:29:48,240 --> 00:29:55,600 Pete. Where does the um 428 00:29:53,600 --> 00:30:00,480 where's the beginning of the application for water rights kick in? Is it 429 00:29:57,760 --> 00:30:04,320 literally at the first tomato? The first tomato. 430 00:30:02,000 --> 00:30:08,720 Sure. Like on Okay. So, you know, we're we're usually dealing with a situation 431 00:30:06,640 --> 00:30:13,600 where we're small farms, small gardens, we produce our own produce at home for 432 00:30:11,120 --> 00:30:18,000 ourselves. Um, I'm not a commercial operation. 433 00:30:15,120 --> 00:30:22,399 Uh, so one of the things that's been a point of contention recently in the 434 00:30:19,840 --> 00:30:28,399 county is looking at the requirement that medical growers report into the 435 00:30:25,360 --> 00:30:31,520 OOLCCC system. If they're over 12 plants, they're going to have to report 436 00:30:29,520 --> 00:30:34,960 into the system whether or not they participate in commerce. signing up for 437 00:30:33,440 --> 00:30:40,480 this reporting does not mean they're going to be participating in sales. So, 438 00:30:37,919 --> 00:30:46,240 does it start at the first tomato or is there a threshold? Is any sale at all? 439 00:30:43,440 --> 00:30:50,640 It's the first penny. No agricultural. Right. So, I I see what you're saying. 440 00:30:47,440 --> 00:30:55,039 The first sold tomato. Um, if you're selling anything that you're growing 441 00:30:53,120 --> 00:30:59,840 with water, then you need a water right. So, the first tomato, whether you're 442 00:30:56,640 --> 00:31:03,120 growing 50 square ft or 5 acres, it starts at the first tomato is where you 443 00:31:01,440 --> 00:31:07,919 get involved. That's correct. And obviously we haven't been out there 444 00:31:04,399 --> 00:31:13,039 hunting farmers markets. Uh but that is the process. It's it's kind of we try 445 00:31:10,240 --> 00:31:18,159 and simplify it. If it's agriculture with the intent to sell, then it's a 446 00:31:14,880 --> 00:31:22,320 commercial product. So, and there's still back and forth right 447 00:31:19,919 --> 00:31:26,000 now between OA and the Oregon Water Resource Department on how that 20 448 00:31:23,840 --> 00:31:29,520 pounds is going to play a factor for medical growers who can then sell to a 449 00:31:27,679 --> 00:31:32,240 dispensary. We're trying to figure out if that's something that they would 450 00:31:30,960 --> 00:31:35,760 register for in the beginning of the year intending to sell or if we're going 451 00:31:34,399 --> 00:31:40,480 to find out about it after the fact after they've already used the water to 452 00:31:37,440 --> 00:31:46,240 irrigate a commercial product. So that's we don't have a a final on that yet. 453 00:31:43,760 --> 00:31:51,360 Another question. Yeah. I'm wondering where the rest of 454 00:31:47,519 --> 00:31:57,279 the mics are. Uh no seriously though, uh the um the discussion of the permission 455 00:31:54,480 --> 00:32:02,559 for OLCC sales of up to 20 pounds from a medical 456 00:31:59,360 --> 00:32:09,279 garden um doesn't actually come with the guarantee 457 00:32:05,039 --> 00:32:14,240 that a sale would ever be made. So, for example, um, based on my 458 00:32:12,159 --> 00:32:19,519 conversations with the OLCC, what I'm looking at is the earliest somebody 459 00:32:17,279 --> 00:32:24,399 would be able to provide anything from this year's crop into the adult use 460 00:32:21,519 --> 00:32:28,480 system would be July 1st of next year. That would be off of this year's harvest 461 00:32:26,000 --> 00:32:32,640 that's ongoing right now. Um, but there's no guarantee that the OLCC is 462 00:32:30,720 --> 00:32:37,039 ever going to implement that. And I know of a number of instances where people 463 00:32:34,720 --> 00:32:41,760 applying for this permission to continue growing for up to eight cards on their 464 00:32:38,880 --> 00:32:45,519 own property are only applying for that permission to continue providing to 465 00:32:43,360 --> 00:32:51,200 patients have no intention of participating in the sales market. 466 00:32:48,559 --> 00:32:54,960 Uh so basically what I'm hearing here is that they need to be able to demonstrate 467 00:32:53,360 --> 00:33:00,559 that they're not going to participate in the sales market. if they're providing 468 00:32:57,919 --> 00:33:03,360 anything into the sales market, then they would have to have the water 469 00:33:01,919 --> 00:33:09,840 right. And then I go back to your language earlier about intent. Um, if 470 00:33:07,279 --> 00:33:14,000 they intend to provide, then you're saying they would have to have the 471 00:33:10,880 --> 00:33:17,679 water, right? But if the OLCC changes the distribution and doesn't allow that 472 00:33:16,000 --> 00:33:21,039 provision, they still have an intent, but no path 473 00:33:19,200 --> 00:33:24,240 to market. I'm trying to figure out how this works 474 00:33:22,480 --> 00:33:28,480 for people that are in the application process right now. when it comes to 475 00:33:26,159 --> 00:33:32,320 their interface with your department. I would say this I mean one thing to 476 00:33:30,720 --> 00:33:36,640 keep in mind though since the state has deemed anything over 12 plants 477 00:33:33,840 --> 00:33:40,960 commercial and their definitions have commercial the state legislators who's 478 00:33:39,200 --> 00:33:44,720 defined the commercial level. Well, Commissioner Morgan um 479 00:33:43,279 --> 00:33:48,640 at least from the county standpoint that's how they would accurate. 480 00:33:46,000 --> 00:33:51,760 So so land use land use anything over 12 has been deemed as a commercial 481 00:33:50,080 --> 00:33:55,600 agricultural product. The water resource department that's that's not our 482 00:33:53,519 --> 00:34:04,000 that's commercial. Yeah, that's not our our our our ruling or interpretation. Um 483 00:34:01,519 --> 00:34:07,840 that that that came from the as as I understand it was from the uh department 484 00:34:06,240 --> 00:34:12,240 of a and then a ruling that it was an agricultural product which then made it 485 00:34:09,359 --> 00:34:16,800 commercial um water resource department. If if you want to grow one plant and 486 00:34:14,560 --> 00:34:20,720 sell it, then it's commercial product. If you want to grow 200 plants and sell 487 00:34:18,639 --> 00:34:24,399 it, I hope you have a water right and it's commercial product. But that's we 488 00:34:22,720 --> 00:34:27,760 try and just stick in the water part of it because obviously this is a new 489 00:34:26,079 --> 00:34:31,599 industry and it's going to go through a as it has gone through quite a few 490 00:34:29,520 --> 00:34:36,320 revisions, you know, in just the last couple years. So 491 00:34:33,839 --> 00:34:40,240 if it's going to be sold, then you need a water. And I'm I'm looking for 492 00:34:38,399 --> 00:34:45,200 clarification here because I know I'll be talking to people in the near future 493 00:34:41,919 --> 00:34:49,200 who will be applying for metric tracking in order to preserve their right to grow 494 00:34:47,280 --> 00:34:54,320 for their patients that are not going to be participating in commerce in the year 495 00:34:51,359 --> 00:34:59,280 2018. Uh by 2019, the state will have phased that out completely. You'll 496 00:34:56,399 --> 00:35:03,599 either be at 12 plants or you'll be in the OLCC system. this next year, the way 497 00:35:02,480 --> 00:35:09,520 people are going to handle those conversions with the various blocks and 498 00:35:07,599 --> 00:35:13,200 hard deadlines that the state's built in, that's going to affect the way 499 00:35:11,119 --> 00:35:18,000 people handle their applications over the next few months here. 500 00:35:14,880 --> 00:35:21,680 Yeah, I like I said um a few minutes back, Oregon Health Authority and Oregon 501 00:35:20,480 --> 00:35:24,640 Water Resource Department are communicating on whether or not there's 502 00:35:22,960 --> 00:35:28,079 going to be a checkbox or something that you say I would intend to sell. At this 503 00:35:26,960 --> 00:35:33,599 point, we don't have anything and it's on something called the honor system. 504 00:35:30,079 --> 00:35:37,240 So, if that's your objective is to sell, come get a water date. 505 00:35:37,280 --> 00:35:44,960 Sorry, I'll uh make this quick, but there's actually two questions that I 506 00:35:42,320 --> 00:35:50,880 have. Number one, um, as Peter was just indicating, somebody has a medical grow 507 00:35:47,200 --> 00:35:54,800 and they don't intend to sell, but in 2019 they decide to sell, do they have 508 00:35:52,880 --> 00:35:58,400 to reapply for a new water permit or do they already get the one they have and 509 00:35:56,320 --> 00:36:03,680 they can keep it now and sell product? Um, that's a good question. Uh, to 510 00:36:00,560 --> 00:36:08,880 clarify it, if they had a water right in 2018 and they didn't sell anything, 511 00:36:05,359 --> 00:36:14,480 they're fine, right? If you want to do a commercial product in agriculture, you 512 00:36:12,000 --> 00:36:19,040 need a water rate. So, if 2018, they didn't sell anything, that's great. 513 00:36:17,119 --> 00:36:24,000 2019, they decide they want to sell something, they require a water. 514 00:36:21,040 --> 00:36:27,440 So, this does require an honor system. Yeah. 515 00:36:25,040 --> 00:36:32,880 Okay. I mean any any rule regulation or code enforcement in any department 516 00:36:29,920 --> 00:36:35,359 there's just not a million of us. So yes there's some honor system. 517 00:36:33,839 --> 00:36:41,440 That leads me in my second question. Okay that if um and for simplicity sake 518 00:36:39,920 --> 00:36:47,680 I'm going to use the terms legal and illegal legal grows. Okay we accept 519 00:36:44,320 --> 00:36:52,160 those as they are illegal grow. Um how would you go about to investigate how 520 00:36:49,440 --> 00:36:57,920 they're watering their plants? Well, generally we get a complaint on 521 00:36:54,720 --> 00:37:01,520 water use and marijuana. We contact OA and OLCC, see if it's registered with 522 00:37:00,079 --> 00:37:04,640 either one. They don't give us any kind of uh medical patient records or 523 00:37:03,440 --> 00:37:08,960 anything like that. They just tell us whether or not is OA grow. Uh at which 524 00:37:07,520 --> 00:37:11,520 point we would look at the property and make an assessment. What's the 525 00:37:10,000 --> 00:37:16,079 irrigation footprint? Does it require water right? And you move that way. Uh 526 00:37:14,320 --> 00:37:20,320 if it's OLCC and it's registered and they don't have a waterite, it's you can 527 00:37:18,640 --> 00:37:24,320 say you're trucking in water. That's the one kind of loophole, but other than 528 00:37:22,079 --> 00:37:28,160 that, you need a water right. So, uh there is the impermeable surface runoff. 529 00:37:26,480 --> 00:37:31,040 Uh again, there are exempt springs as was brought up earlier, but all these 530 00:37:29,760 --> 00:37:35,280 things you would have had to get a stamp from our office through their your 531 00:37:32,960 --> 00:37:38,960 application with OLCC. So, there's already been dialogue between us and a 532 00:37:36,880 --> 00:37:42,880 lot of the OLCC growers because of the fact that you have to come through us 533 00:37:40,160 --> 00:37:47,760 anyway. Um but again, if it's medical, then it's does it fit into the halfacre 534 00:37:45,200 --> 00:37:51,839 footprint? Uh no, it doesn't. Then it requires a water right. um if it's 535 00:37:49,839 --> 00:37:55,920 larger than a half acre. So, so that's that's just the process we go through 536 00:37:53,119 --> 00:38:00,880 that. Uh any other questions? Gerard, do you include any form of the system of 537 00:37:59,359 --> 00:38:07,520 barter in your commercial definition? 538 00:38:03,920 --> 00:38:14,079 Uh that interpretation I we have not. No, I don't believe that we've gotten 539 00:38:09,040 --> 00:38:16,880 into the bartering aspect. Um it's I would have to get back to you on that. 540 00:38:15,680 --> 00:38:20,800 I honestly haven't been asked that question, so I'm not gonna say yay or 541 00:38:18,160 --> 00:38:24,640 nay to be honest. Um, I guess it is still a transaction taking place, right? 542 00:38:23,040 --> 00:38:28,400 Well, it's something for someone. Yeah, it is. But, uh, 543 00:38:26,800 --> 00:38:31,839 for consideration, yeah, that's a great question and I'll 544 00:38:30,000 --> 00:38:37,119 I'll I'll send that up flag pole and see what kind of an answer I can get. 545 00:38:33,520 --> 00:38:40,560 In 2016, how many complaints of this nature did you have in Josephine 546 00:38:39,760 --> 00:38:44,720 County? Uh, well, for clarification, I'm the 547 00:38:43,359 --> 00:38:48,320 regional assistant water master. The interviews for Watermaster are tomorrow. 548 00:38:46,480 --> 00:38:53,520 I've been working in six counties for 3 years. And I would say I we don't have a 549 00:38:52,160 --> 00:38:57,839 hard number on how many complaints we'd have, but I'd say 60% of our complaint 550 00:38:56,079 --> 00:39:02,400 volume is directly involved with cannabis. Of that, there are plenty that 551 00:39:00,720 --> 00:39:05,359 are just neighbor disputes. We had neighbor disputes before there was 552 00:39:03,680 --> 00:39:10,720 cannabis. Some people just don't get along with their neighbors. Um so, so 553 00:39:08,160 --> 00:39:14,240 that's important to note. But then there are, you know, the bad apples out there. 554 00:39:12,800 --> 00:39:18,400 there are the people we show up to and they're here's all my permits here all 555 00:39:15,839 --> 00:39:22,240 here's all my paperwork those are great um but yeah it has increased our 556 00:39:20,160 --> 00:39:26,079 workload our hockey stick graph the groundwater applications that's pretty 557 00:39:24,320 --> 00:39:29,680 equivalent to our complaints in our workload in general uh in Jackson and 558 00:39:28,320 --> 00:39:34,400 Josephine County now again I've been working in six counties Douglas County 559 00:39:31,599 --> 00:39:38,880 doesn't have this issue um Clamoth doesn't Clamoth has plenty of other 560 00:39:35,760 --> 00:39:42,320 issues um and then Kuz and Curry on the coast they have cranberry box but other 561 00:39:41,440 --> 00:39:46,880 than that they don't have a lot of agricultural land. So, um, and then the 562 00:39:44,800 --> 00:39:50,640 folks who are attempting to grow outdoor cannabis out there, it's not as good of 563 00:39:48,880 --> 00:39:56,720 a grow season as, you know, Jackson and Josephine County. So, 564 00:39:53,440 --> 00:40:00,720 any question? Just hang on. Okay. Um, my question is 565 00:39:59,119 --> 00:40:07,200 is I know that you've only been in the position for 3 years, but previous to 566 00:40:03,920 --> 00:40:11,599 2015 when measure 91 passed, how many complaints would you say there actually 567 00:40:08,480 --> 00:40:16,880 was for these water rights and disputes over water with cannabis in mind? 568 00:40:15,040 --> 00:40:20,880 Uh, good question. So, I worked for Jackson County as the assistant water 569 00:40:18,320 --> 00:40:24,560 master for 3 years back in 2007. Um, it was kind of interesting for me to go 570 00:40:22,720 --> 00:40:28,560 away and come back and see how some of the dialogue has changed. 571 00:40:26,560 --> 00:40:31,280 Uh there's always been complaints. Time in memorial. As long as there's been a 572 00:40:29,839 --> 00:40:35,200 water law and a reason to dispute your neighbor's claim on something, there's 573 00:40:32,560 --> 00:40:41,440 always been complaints. Um cannabis complaints have gotten more uh numerous 574 00:40:38,800 --> 00:40:46,800 since the legalization of recreational pot. Uh medical, again, I think I I 575 00:40:45,440 --> 00:40:51,839 mentioned it earlier. I think because medical generally was hidden and kind of 576 00:40:49,280 --> 00:40:54,960 out of the out of sight uh for security reasons or just because they wanted it 577 00:40:53,520 --> 00:40:59,359 that way. And I believe there was a rule that you had to have at least some kind 578 00:40:56,319 --> 00:41:03,520 of visual barrier. Um there weren't weren't as many 579 00:41:01,119 --> 00:41:07,280 complaints. However, in the last 5 to 6 years because of the influx of people 580 00:41:05,280 --> 00:41:11,680 moving here to grow medical and then recreational, yes, it's it's increased 581 00:41:09,920 --> 00:41:14,560 the complaint number. I I don't have hard numbers for you. Uh that's 582 00:41:13,599 --> 00:41:18,960 something that we weren't even considering tracking until the last year 583 00:41:16,240 --> 00:41:22,720 and a half. Um, now in our complaint columns, in our water right research 584 00:41:20,960 --> 00:41:25,280 columns, in our application columns, we're just checking whether or not it's 585 00:41:24,079 --> 00:41:30,640 cannabis involved. And that's really just an analytic for us to say how much 586 00:41:28,240 --> 00:41:33,920 is this industry affecting our workload. So I'm I'm Does that answer your 587 00:41:33,359 --> 00:41:37,359 question? To 588 00:41:35,520 --> 00:41:42,800 a degree. I'm just trying to gauge on cuz I mean medical cannabises have been 589 00:41:39,599 --> 00:41:47,119 around since 1998 and now we've come full circle until recreational and as 590 00:41:44,880 --> 00:41:50,800 soon as soon as measure 91 passed everybody threw up their arms and was at 591 00:41:49,040 --> 00:41:56,400 war with their neighbors over something that been going on in our valley for 17 592 00:41:53,440 --> 00:42:00,079 years without incident. So I mean what type of effects are truly taking place 593 00:41:58,240 --> 00:42:06,160 out there with water? You know the depreciation of water? Um, I mean from 594 00:42:03,839 --> 00:42:11,760 the starting to the ending point and then on from the ending point of OM and 595 00:42:09,040 --> 00:42:16,640 P into this recreational market. Um, if we were to put the two side by side, um, 596 00:42:14,720 --> 00:42:19,280 I think there'd be a very stark contrast there. 597 00:42:17,599 --> 00:42:24,480 Yeah, I think that's a fair assessment. Um, I think that legalization changed 598 00:42:22,079 --> 00:42:27,359 the conversational topic. Uh, the first one of these meetings I went to, I think 599 00:42:26,000 --> 00:42:31,040 it was Commissioner Morgan brought up the fact that the vote was pretty close 600 00:42:28,560 --> 00:42:35,040 to 50/50 in Josephine County. No one likes to be losers. So, if you lost that 601 00:42:33,040 --> 00:42:38,960 vote and you don't like what's going on next door, it's going to increase 602 00:42:36,720 --> 00:42:42,560 complaint and call volume. Um, I think visibility is a factor. Again, medical 603 00:42:41,280 --> 00:42:46,640 gardens were generally kind of hidden. Now they're out in places where they 604 00:42:44,560 --> 00:42:50,880 didn't see them before. Uh, and then it's also just volume. There's just more 605 00:42:48,560 --> 00:42:55,200 of it. Um, as far as water use is concerned, 606 00:42:53,280 --> 00:42:59,280 you know, I I regulate the same streams almost every year. Um and generally 607 00:42:57,760 --> 00:43:04,240 around the same time depending on snowpack and you know the aquafer 608 00:43:01,119 --> 00:43:08,160 system. So uh again we haven't seen a dis an actual groundwater interference 609 00:43:06,400 --> 00:43:13,359 claim that came through and yielded something. Uh we have seen impact on 610 00:43:10,720 --> 00:43:16,319 water rights of course because people again who didn't use their water right 611 00:43:14,880 --> 00:43:20,880 for a long period of time are now trying to do so. um you know, flag lots that 612 00:43:19,359 --> 00:43:24,000 hadn't been developed forever are now developed and and they're irrigating and 613 00:43:22,560 --> 00:43:29,040 and they're doing their agricultural products or or projects. So, it's 614 00:43:27,040 --> 00:43:35,599 increased the workload, but I don't have hard numbers or like data that that 615 00:43:32,240 --> 00:43:39,599 maybe you're looking for in that. So, again, did that answer your question? 616 00:43:38,720 --> 00:43:42,880 Good enough, sir. Okay. All right. Thank you. Uh anybody 617 00:43:41,359 --> 00:43:46,960 else? I think I'm taking all of your time here. So, okay. 618 00:43:44,160 --> 00:43:49,359 Any other questions for the panel? All right. Thank you very much. 619 00:43:48,319 --> 00:43:54,240 Yeah, no problem. Yeah. Thank you. 620 00:43:52,720 --> 00:43:57,520 Poweroint available. The PowerPoint. 621 00:43:55,440 --> 00:44:00,079 Um, sure. Yeah. Send your email. 622 00:43:58,560 --> 00:44:03,200 Yeah, that's fine. Yeah, I have it. All you know, 623 00:44:01,760 --> 00:44:07,119 there you are. So, you don't have to worry about it, Jake. 624 00:44:04,880 --> 00:44:12,520 [Music] Unless you want me to leave that page up 625 00:44:08,560 --> 00:44:12,520 still. No, that's fine. 626 00:44:13,760 --> 00:44:21,440 All right, moving through the agenda. I'm gonna go to item five and I'm going 627 00:44:18,640 --> 00:44:24,000 to turn this over to Valerie. Thanks. 628 00:44:22,079 --> 00:44:27,640 You're welcome. Thank you for your work on the first. 629 00:44:31,040 --> 00:44:39,240 [Music] I think most of what um I planned today 630 00:44:36,000 --> 00:44:39,240 pretty much. 631 00:44:39,280 --> 00:44:42,319 I think I pretty much tell you what, let me switch you. 632 00:44:42,000 --> 00:44:47,280 Okay. I think this one better 633 00:44:44,660 --> 00:44:50,280 [Music] here. 634 00:44:54,079 --> 00:44:57,960 Can you hear me? Yes. 635 00:44:58,000 --> 00:45:04,480 So, I don't know if there's a a lot more to cover other than what I've already 636 00:45:01,920 --> 00:45:10,560 kind of written up and I don't want to flog you all with my words. So, is there 637 00:45:08,560 --> 00:45:15,760 with what I've submitted? Are there any specific questions? 638 00:45:13,920 --> 00:45:20,560 Thank you. Um, if if I've made a couple notes on 639 00:45:18,000 --> 00:45:24,720 this and by and large, I would have no exception to anything you wrote, but 640 00:45:22,079 --> 00:45:30,240 there are a couple um changes that I would like to see made. 641 00:45:26,960 --> 00:45:33,760 um in the uh the first uh I don't know which bullet point that is the one that 642 00:45:32,000 --> 00:45:39,359 refers to number of employees to be determined by proposal and conditions. I 643 00:45:36,560 --> 00:45:43,760 don't know if it's allowed and Lily you might be able to give me better sense of 644 00:45:40,960 --> 00:45:51,760 this but I'd like to have proof of W2s and W9's for anybody who's employed. 645 00:45:48,000 --> 00:45:57,680 So, and and what this is um what this is referencing is back to article 92, which 646 00:45:55,040 --> 00:46:03,040 the full language is in the first um submitt that I made. And um so basically 647 00:46:01,119 --> 00:46:05,359 what I try to do is just kind of so you wouldn't have to read through the whole 648 00:46:04,319 --> 00:46:09,599 code. It's just try to write what actually the 649 00:46:07,520 --> 00:46:16,800 code what the code in the application process would be looking at. Um so I 650 00:46:14,079 --> 00:46:21,680 think that 92 would work. it it maybe could use a few tweaks to be applied to 651 00:46:19,040 --> 00:46:25,599 the cannabis industry, but I I could see, you know, why that why that would 652 00:46:23,839 --> 00:46:29,599 be something you would want to definitely look at. 653 00:46:26,640 --> 00:46:33,599 The um and I'm just using this as your document rather than going through the 654 00:46:31,040 --> 00:46:40,160 whole other one. So, um I think one of the issues is people 655 00:46:37,440 --> 00:46:44,000 who are coming here working and they have no investment in the community, 656 00:46:41,599 --> 00:46:47,839 they take their cash and they leave. So, I think there should be some checks and 657 00:46:45,520 --> 00:46:53,040 balance to make sure that people who are being hired are actually paying their 658 00:46:50,079 --> 00:46:57,200 fair share into our community. Um, this next bullet straight down, applications 659 00:46:54,880 --> 00:47:02,640 require public notice. Uh, I would like to see you strike at the director's 660 00:47:00,079 --> 00:47:07,280 planning director's discretion. It has it would it would be 1500 ft from the 661 00:47:05,599 --> 00:47:11,839 property. So, in article 92 or actually, let me 662 00:47:10,160 --> 00:47:17,280 correct myself. That's not true. public notice typically is 1500 square feet and 663 00:47:14,160 --> 00:47:21,200 then there's a a line in the code um that says at the director's um 664 00:47:19,280 --> 00:47:27,440 discretion and what I've seen that used before um is um things like a a winery 665 00:47:25,920 --> 00:47:32,720 tasting room was getting approved and there was an easement for access um and 666 00:47:30,640 --> 00:47:38,960 it was a rather long road and so even though that 1500 square 1500 ft um did 667 00:47:36,640 --> 00:47:44,319 not cover the full length of that road they still included everyone who lived 668 00:47:41,119 --> 00:47:48,640 lived on that road to be because they would be affected by the traffic. So 669 00:47:46,240 --> 00:47:55,040 basically, it's not to they can't make it less, it's to make it more notice, 670 00:47:51,599 --> 00:47:58,000 not less notice. The 1500 ft is a minimum. 671 00:47:55,760 --> 00:48:04,319 Okay. All right. Uh if I can continue on. Sorry, I'm monopolizing the time 672 00:48:00,400 --> 00:48:08,079 here. Um your invitation field trip, I would agree to that. I think that's a 673 00:48:05,760 --> 00:48:12,160 great idea if we can also find an equal number of people who have been 674 00:48:09,359 --> 00:48:18,480 negatively impacted by these drugs so that we have four that have are good 675 00:48:15,680 --> 00:48:21,200 growers and for the uh citizens provided they give us permission to come on their 676 00:48:19,920 --> 00:48:26,720 property. A lot of these folks are afraid to go and see what has negatively 677 00:48:24,240 --> 00:48:33,440 impacted them as well. Um the next page the uh non-binding 678 00:48:31,599 --> 00:48:36,880 ballot measures. We've already seen what happens with non-binding ballot 679 00:48:34,880 --> 00:48:42,000 measures. The minority gets the governing uh authority to do whatever it 680 00:48:39,599 --> 00:48:46,800 is they want. Apparently, um if they have a ballot measure, I'd like to see 681 00:48:43,280 --> 00:48:52,000 it be a binding one. Um and in in reference to your 64 682 00:48:49,040 --> 00:48:57,040 in favor ban, uh your math is impeccable. But wouldn't uh using that 683 00:48:55,200 --> 00:49:02,400 same formula, wouldn't that mean that even less people voted against or voted 684 00:48:59,200 --> 00:49:07,520 for it? So, if only 1.75 of Josephine Countyy's adult population voted for it, 685 00:49:04,720 --> 00:49:11,440 that means even less people voted uh uh for the for the uh marijuana grows. Is 686 00:49:10,400 --> 00:49:18,079 that correct? What I'm trying to say is that we should 687 00:49:14,960 --> 00:49:24,960 if if this what I'm trying to say is that I think 688 00:49:20,640 --> 00:49:30,880 it's very farreaching to base banning an industry from an area based on 1,200 689 00:49:28,800 --> 00:49:33,839 less than 1,200 votes. Yeah. 690 00:49:31,280 --> 00:49:39,760 I think and it's not even a vote for something specific. It's a vote for um 691 00:49:36,480 --> 00:49:44,319 an an opinion an an advisory question from what I've read is really trying to 692 00:49:42,559 --> 00:49:48,640 get an opinion of a region. And conversely, 693 00:49:46,160 --> 00:49:51,920 the minority, which is even less percentage, 694 00:49:50,160 --> 00:49:54,640 uh shouldn't take priority either. I I would suggest we don't go down that 695 00:49:53,920 --> 00:49:57,520 rabbit trail. Yeah. 696 00:49:55,119 --> 00:50:03,839 Because it's not a topic that you guys decide. Uh so for the sake of not having 697 00:50:02,079 --> 00:50:09,599 you guys arguing over something that it's not a recommendation 698 00:50:06,000 --> 00:50:13,040 of you guys um if you stick to the topics you'll find more productivity 699 00:50:11,359 --> 00:50:19,359 than arguing whether a ban should be or not because the commissioners are 700 00:50:16,480 --> 00:50:23,520 already in play with something and so they've asked for recommendations on 701 00:50:21,280 --> 00:50:29,520 what's in play not whether it should be in play or not. So, um, unless that is 702 00:50:28,160 --> 00:50:34,000 your recommendation, but there is no recommendations. I just don't want to 703 00:50:31,280 --> 00:50:37,760 see 20 minutes go between you guys saying it should be and no, it shouldn't 704 00:50:35,440 --> 00:50:42,400 be when you have an opportunity to talk about the details and and and 705 00:50:40,559 --> 00:50:46,559 specifically can have more productivity that way. I 706 00:50:44,000 --> 00:50:50,319 sure uh but I appreciate where you guys are coming from, but you you can 707 00:50:48,800 --> 00:50:53,680 convince this whole panel that it shouldn't be and that make no difference 708 00:50:52,160 --> 00:50:56,640 because we're already in a process with the board. So I don't want to waste your 709 00:50:55,280 --> 00:51:02,319 time. Excuse me. Steve, thank you. Just if you 710 00:51:00,000 --> 00:51:07,839 could clarify something. You the words you just used were banning an industry 711 00:51:05,119 --> 00:51:11,839 from a certain area. So when you say banning an industry, would you please 712 00:51:09,680 --> 00:51:15,920 define for me what you mean by an industry? 713 00:51:14,480 --> 00:51:18,559 Commercial cannabis. Commercial. Or are you referring to 714 00:51:17,760 --> 00:51:22,559 medical? I'm not referring to to medical. 715 00:51:21,520 --> 00:51:25,359 Thank you. Sure. 716 00:51:25,520 --> 00:51:33,200 for me when we talked about [Music] 717 00:51:30,960 --> 00:51:37,680 what is pharmaceuticals I mean pharmaceuticals it's medicine correct 718 00:51:35,520 --> 00:51:42,240 but it's still part of an industry and here we have almond people that are 719 00:51:39,359 --> 00:51:48,800 trying to grow medicine for patients and it seems as if we are getting cast to 720 00:51:44,960 --> 00:51:53,440 the side and stepped on um so that we don't have to compete with 721 00:51:50,400 --> 00:51:59,119 the recreational folks When we talk about these things about 722 00:51:55,280 --> 00:52:05,119 banning an industry, OM isn't industry per se. You know, patients are for 723 00:52:01,839 --> 00:52:09,839 profit, right? I mean, pharmaceutical agencies have been 724 00:52:07,040 --> 00:52:12,960 exploiting that for so many years. Let's not forget that some of these people 725 00:52:11,440 --> 00:52:18,480 aren't we're not necessarily out for profit. And yes, we do want to make a 726 00:52:15,280 --> 00:52:21,920 living for the 365 days of sacrifice that we have to make and our families 727 00:52:19,839 --> 00:52:27,359 have to make. and for all that time and investment that we put into it. Um it is 728 00:52:24,480 --> 00:52:31,520 substantial time and it is a good chunk of money as well just to have the 729 00:52:29,680 --> 00:52:35,440 infrastructure to pull anything off to give away free medicine to people that 730 00:52:33,599 --> 00:52:39,440 want a better quality of life or a better quality of death. So when we talk 731 00:52:37,599 --> 00:52:44,160 about industry we have to think about the patients too and what that ind 732 00:52:41,839 --> 00:52:49,200 industry truly looks like. Okay. I think again a lot of personal 733 00:52:47,680 --> 00:52:52,480 convictions going on in here tonight. I understand that, but we need to focus 734 00:52:50,480 --> 00:52:56,960 back on the proposal. So, if we could keep our comments to that. Uh, Cedar, 735 00:52:54,880 --> 00:53:00,200 did you have anything? Oh, my 736 00:53:00,960 --> 00:53:10,640 Well, specifically about Valerie's proposal, um, I'm in support of it. Um, 737 00:53:06,880 --> 00:53:17,040 I feel like, uh, I think there's a lot of reasons to use existing regulation to 738 00:53:14,000 --> 00:53:24,160 address existing neighbor complaints. Um, I actually put together a 739 00:53:21,839 --> 00:53:28,240 couple of minutes of statement that covers issues around the proposal and 740 00:53:26,640 --> 00:53:32,760 what we're talking about that I'd like to read if this would be an appropriate 741 00:53:29,760 --> 00:53:32,760 one. 742 00:53:33,280 --> 00:53:38,319 Just hold that mic close so we can hear you. 743 00:53:35,200 --> 00:53:42,800 Okay, there we go. In Josephine County, farming has always been allowed in all 744 00:53:40,160 --> 00:53:46,319 zones except commercial. The state legislature has defined cannabis as 745 00:53:44,800 --> 00:53:49,920 agriculture. Thus, other than reasonable time, place, 746 00:53:48,240 --> 00:53:55,280 and manner restrictions, cannabis production is explicitly allowed on RR5 747 00:53:52,400 --> 00:53:59,040 zones in Josephine County. Currently, in discussing time, place, and manner 748 00:53:57,119 --> 00:54:03,040 restrictions, Oregon case law defines reasonable 749 00:54:00,559 --> 00:54:08,079 as directed to the prevention of the evils and adapted to the accomplishment 750 00:54:05,200 --> 00:54:12,319 of the above purposes. In the case of cannabis production on 751 00:54:09,920 --> 00:54:16,559 RR5, the evil consists of negative impacts upon neighbors. 752 00:54:14,880 --> 00:54:19,920 However, blanket restrictions on cannabis production fail the test of 753 00:54:18,319 --> 00:54:24,559 reason because they take away the rights of an entire class of lawful businesses 754 00:54:21,920 --> 00:54:29,200 and individuals instead of reasonably targeting the offensive behavior. 755 00:54:27,200 --> 00:54:32,880 Um, before we can intelligently discuss the 756 00:54:31,359 --> 00:54:37,280 offensive behavior, we need to know which complaints are truly cannabis 757 00:54:34,800 --> 00:54:41,839 related. In Josephine County, a large percentage of residents grow cannabis. 758 00:54:39,599 --> 00:54:46,240 Some of these cannabis growing residents are bad actors who have annoyed or 759 00:54:43,599 --> 00:54:49,119 alarmed their neighbors. Most of these bad actors would be annoying their 760 00:54:47,680 --> 00:54:53,359 neighbors regardless of whether or not they brew cannabis. And making rules 761 00:54:51,520 --> 00:54:58,000 about cannabis will not influence their offensive behavior. Bad actors are 762 00:54:56,079 --> 00:55:01,920 generally unconcerned about regulations and nothing short of active enforcement 763 00:54:59,760 --> 00:55:05,920 will change that. The good actors who will obey new 764 00:55:04,160 --> 00:55:09,839 regulations are likely to be the ones who already maintain good relationships 765 00:55:07,760 --> 00:55:12,880 with their neighbors. We need to audit and organize the 766 00:55:11,520 --> 00:55:16,400 complaints in order for them to be meaningful. Otherwise, we don't know 767 00:55:14,880 --> 00:55:20,160 anything other than a neighbor had an issue with another neighbor, which is a 768 00:55:18,319 --> 00:55:24,720 human condition that predates cannabis zoning issues. 769 00:55:22,559 --> 00:55:29,920 I recently read quotes in the daily courier that were attributed to one of 770 00:55:28,319 --> 00:55:35,599 the commissioners who's not present. I was actually hoping that he would be 771 00:55:32,640 --> 00:55:38,640 present. But um the point is I'm concerned about the 772 00:55:37,200 --> 00:55:43,520 implication that the county may not grandfather currently licensed and 773 00:55:40,480 --> 00:55:48,400 operating businesses on RR5. Um and forgive me for my indulgence for 774 00:55:46,000 --> 00:55:52,160 a moment. My great great great grandfather came to southern Oregon in 775 00:55:50,240 --> 00:55:56,799 the 1880s to work in the nickel mine near Riddle. My family has been earning 776 00:55:54,799 --> 00:56:01,200 a living working with natural resources here for over 130 years. We handbuilt 777 00:55:59,760 --> 00:56:06,000 our house and raised our four children in Williams and we love our community. 778 00:56:03,839 --> 00:56:10,559 Josephine County published a pamphlet stating that we could operate a 779 00:56:07,520 --> 00:56:14,799 regulated cannabis farm on RR5 zoning and so we bought two parcels and are now 780 00:56:13,200 --> 00:56:18,400 in our second year of successful operation. 781 00:56:16,400 --> 00:56:22,799 We have very good relationships with our neighbors. We employ 30 people and we 782 00:56:21,119 --> 00:56:27,119 pay our county, state, and federal taxes. We are very concerned about 783 00:56:25,359 --> 00:56:32,400 Josephine County attempting to retroactively restrict our ability to do 784 00:56:29,440 --> 00:56:35,920 legal business. Cannabis is the greatest economic 785 00:56:34,079 --> 00:56:39,920 opportunity that our county has had in many decades. We can promote the 786 00:56:38,160 --> 00:56:44,160 economic development of our county by supporting regulated business in 787 00:56:41,599 --> 00:56:48,160 America's fastest growing industry. The state is now enact enacting sweeping 788 00:56:46,400 --> 00:56:54,640 changes in the medical cannabis program that will likely result in a 75% 789 00:56:50,400 --> 00:56:59,599 reduction in RR5 production in 2018. Rather than immediately layering 790 00:56:57,760 --> 00:57:03,839 further new regulation on top of the state rules, I believe that Josephine 791 00:57:01,440 --> 00:57:08,240 County would be better served observing the the the profound impact of the state 792 00:57:06,160 --> 00:57:13,200 rules and then responding with a more informed perspective. I support the 793 00:57:11,200 --> 00:57:18,640 utilization of current rules to enforce existing neighbor complaints. 794 00:57:16,240 --> 00:57:25,200 Thank you. Thank you. Any other comments for Valerie 795 00:57:21,599 --> 00:57:29,520 on her proposal? Is there a consensus to move this 796 00:57:26,720 --> 00:57:33,520 forward for commissioners? I had a comment. 797 00:57:31,119 --> 00:57:38,400 Jackson County, if I understand, has made the move a year or so ago from this 798 00:57:36,480 --> 00:57:44,000 residential to EF zoning. Is that correct? 799 00:57:40,559 --> 00:57:49,440 What have we looked at what they did to enact deal with existing growers? They 800 00:57:46,640 --> 00:57:54,240 had the same situation we do here. What did they initiate and put forward and 801 00:57:52,400 --> 00:57:59,440 what is how is their process work since they've been in the EF zoning only arena 802 00:57:57,119 --> 00:58:03,680 that we are heading to? Because if it's already been done, Val's proposal is 803 00:58:02,079 --> 00:58:08,640 excellent, but if there's something better that we can also look at, why not 804 00:58:06,720 --> 00:58:13,839 look at find out what Jackson County has done, how it's worked. It's been in a 805 00:58:10,240 --> 00:58:19,520 process now for a year plus, and give us some more information to maybe make her 806 00:58:16,240 --> 00:58:23,119 proposal even better. I can give you at least uh half the 807 00:58:21,520 --> 00:58:27,520 answer to that, Renee. Um, Jackson County has never acknowledged 808 00:58:25,119 --> 00:58:31,440 agriculture on rural residential lands. So, the basis for Jackson County is 809 00:58:29,760 --> 00:58:34,799 different than in Josephine County and the rest of Oregon. 810 00:58:33,599 --> 00:58:38,240 That doesn't mean that we shouldn't be looking at what they're doing because 811 00:58:36,079 --> 00:58:42,400 they've done a couple of good things and they've made a couple of huge mistakes. 812 00:58:40,240 --> 00:58:46,480 Um, what I get concerned about when we're 813 00:58:44,000 --> 00:58:49,440 making rules, and this has been a topic on a number of committees that I've been 814 00:58:48,079 --> 00:58:53,680 on, you know, we're trying to regulate here in the interest of public health 815 00:58:50,720 --> 00:58:57,680 and safety, and we need to make rules that people can easily understand and 816 00:58:55,920 --> 00:59:02,079 follow. And there are huge benefits to doing that because rules that are easier 817 00:58:59,520 --> 00:59:06,400 to understand, gain you a higher rate of compliance, reduce the cost of 818 00:59:03,920 --> 00:59:10,640 enforcement, everybody's happier at the end of the day. Make the burdens too 819 00:59:08,640 --> 00:59:15,359 ownorous, make the hoops too difficult to jump through, make the process too 820 00:59:12,319 --> 00:59:19,520 long. Um, we had cannabis cultivation prior to legalization. 821 00:59:17,440 --> 00:59:23,599 And in my talk with a sustainable forester two weeks ago, he and I agreed 822 00:59:22,079 --> 00:59:29,640 that we'd rather see four plants in every backyard than one more single grow 823 00:59:26,000 --> 00:59:29,640 on forest land. 824 00:59:30,480 --> 00:59:38,960 Thank you, Peter. Any other comments? Just one. Um, I I think if we start off 825 00:59:36,000 --> 00:59:45,839 the idea that that it's too difficult to enforce or it's um going to be too 826 00:59:42,559 --> 00:59:50,000 difficult um to apply these things, we're just going to go on a slippery 827 00:59:47,200 --> 00:59:57,000 slope. Everything's too difficult. Um we need to go one way or another and we 828 00:59:52,960 --> 00:59:57,000 need to make a definitive answer. 829 00:59:57,920 --> 01:00:05,119 Sorry. I believe the difference between the RR5 830 01:00:02,960 --> 01:00:09,359 or any rural residential land in Josephine County and that of Jackson 831 01:00:06,799 --> 01:00:15,040 County was the the inception of those two zones through SP 100. Jackson County 832 01:00:13,359 --> 01:00:19,839 made their priority to be quiet enjoyment. We did not. So they 833 01:00:17,839 --> 01:00:25,359 differentiated themselves from basically from their birth. Um so that's never 834 01:00:24,079 --> 01:00:30,000 going to change as far as they were concerned. I do believe I said it before 835 01:00:27,920 --> 01:00:34,960 so I'm not going to burden everyone with it now and that is the fact that I'll 836 01:00:32,319 --> 01:00:41,200 just reiterate that we're talking about again trying to make a square peg fit in 837 01:00:36,799 --> 01:00:46,799 a round hole and so fine if this is where you want to go it won't hold up it 838 01:00:44,720 --> 01:00:51,839 just won't hold up because of the fact that you're doing something that is 839 01:00:48,960 --> 01:00:55,760 basically the inception and from the comprehensive plan of the entire 840 01:00:53,359 --> 01:01:03,359 Josephine County is better predicate ated upon SP 100. And if you go to SP 841 01:00:58,640 --> 01:01:09,440 100, you'll find out 92, 45, and 42 all are subordinate 842 01:01:06,720 --> 01:01:14,480 rules to make the residential use priority. And so I think you're just 843 01:01:11,680 --> 01:01:19,680 trying to find a way to lessen the impact or say for today we can do this, 844 01:01:17,520 --> 01:01:23,359 but I think you're only making it worse because it's going to continue to 845 01:01:21,200 --> 01:01:28,640 happen, because it's fundamentally flawed. I do believe we should be taking 846 01:01:25,920 --> 01:01:33,680 this time and effort like Renee talked about and that is talking about EFU 847 01:01:31,280 --> 01:01:39,599 making the pathway to EFU with a lot of resource more pl more acquirable getting 848 01:01:38,400 --> 01:01:44,480 some of the restrictions out of the way on dwellings and septics so that they 849 01:01:42,000 --> 01:01:49,359 can facil be fil facilitated in that zone and everything I've ever read about 850 01:01:47,839 --> 01:01:53,200 this stuff and I'm not anywhere near what you guys are but I can tell you 851 01:01:51,359 --> 01:01:57,280 that everything I come up with says commercial grow commercial farm product 852 01:01:55,040 --> 01:02:03,559 is the word commercial seems to be an endemic in it and I don't know how 853 01:01:59,760 --> 01:02:03,559 you're going to erase it 854 01:02:05,119 --> 01:02:09,960 any other comments excuse me 855 01:02:12,160 --> 01:02:19,119 um so the the farm that we purchased that we now grow cannabis on was 856 01:02:16,480 --> 01:02:26,720 previously a commercial hay farm and it's our R5 we have irrigation right 857 01:02:21,920 --> 01:02:30,640 next to the well So I I wonder how that um if that seemed seems to conflict with 858 01:02:29,119 --> 01:02:34,520 what you're saying is I didn't say it was perfect. 859 01:02:36,559 --> 01:02:44,240 It's not perfect. Jared, we have to find some sort of 860 01:02:41,920 --> 01:02:48,319 middle ground between Royal Residential and EFU and Woodlaw Resource. I'm not 861 01:02:46,799 --> 01:02:52,000 saying that this is perfect because this by no means perfect. Um, but we have to 862 01:02:50,640 --> 01:02:55,920 find software middle ground because these people have invested so much time 863 01:02:54,079 --> 01:03:01,440 and money and effort into building something that just got switched when 864 01:02:58,480 --> 01:03:05,599 Measure 91 hit. So before that, there was no such thing as commercial um, 865 01:03:03,680 --> 01:03:09,520 grows here in Oregon and then all of a sudden Measure 91 hit and it turned into 866 01:03:07,599 --> 01:03:14,319 commercial. This is such a drastic change that's 867 01:03:12,160 --> 01:03:18,319 taken place over the last 2 years. We have to find some way to be able to work 868 01:03:15,920 --> 01:03:24,079 within our local resources and our citizens. Um, D Young, I just watched 869 01:03:21,359 --> 01:03:28,160 this video, YouTube clip the other day about Dong saying that he doesn't want 870 01:03:25,680 --> 01:03:31,920 to get rid of all of Josephine County's residents. You know, people that have 871 01:03:29,920 --> 01:03:35,760 been here for so many years. Well, I've been here for many, many years. I've 872 01:03:34,000 --> 01:03:40,880 been an active participant within my community. Um, I don't want to go 873 01:03:38,079 --> 01:03:45,039 anywhere, but I have to find a way if I want to continue to be in this industry 874 01:03:43,200 --> 01:03:49,200 to be able to get off my res rural residential or to make my rural 875 01:03:46,720 --> 01:03:52,640 residential conform one way or another. Now, what about the three deaf people 876 01:03:50,799 --> 01:03:58,319 that I employ? What are they going to do? H how can we make this transition 877 01:03:55,920 --> 01:04:03,760 into another parcel of land easier for us? So, it makes it easier for us to 878 01:04:00,400 --> 01:04:09,520 comply. There has to be some sort of exit strategy or segway that we can 879 01:04:06,960 --> 01:04:14,000 utilize to get us off land. I know for myself, I had an offer to grow 880 01:04:11,280 --> 01:04:19,680 recreational on 38 acres. That's rural residential. It's 38 acres. It was EFU 881 01:04:17,200 --> 01:04:24,559 land back in 1979 and they changed the zoning on it. Um, I want to be able to 882 01:04:22,480 --> 01:04:28,640 be part of the industry. I still want to be able to provide for patients and I'm 883 01:04:26,240 --> 01:04:36,000 have I'm really torn on this because either I I'm a sellout or I'm a sellout 884 01:04:33,280 --> 01:04:41,680 one or the other and really it's both in the same. So how do we work within the 885 01:04:38,960 --> 01:04:46,720 OMP parameter or the people that have been supplying OM and allow them to make 886 01:04:44,079 --> 01:04:50,880 a step forward into a legal market because people don't want to be black 887 01:04:48,480 --> 01:04:54,880 market and this is the only way for us to be able to come above the table and 888 01:04:52,720 --> 01:05:00,480 so many of us like myself want to be above the table. So, how do we do that 889 01:04:57,920 --> 01:05:04,440 and still work together? Because I don't see very much middle ground, 890 01:05:04,880 --> 01:05:10,319 I'll see you all just to answer part of your question that you you did there and 891 01:05:08,720 --> 01:05:16,079 that is the fact that you mentioned the fact about your investment 892 01:05:12,559 --> 01:05:20,160 of the of of how much money and time etc that you've had. 893 01:05:17,760 --> 01:05:25,039 Unfortunately, if you go down that path and we say let's just argue say there's 894 01:05:22,799 --> 01:05:31,359 a threshold. What's the threshold? $100,000, 200,000. If you've invested, 895 01:05:28,319 --> 01:05:35,839 although not totally kosher, but you've invested $100,000, you then deserve a 896 01:05:34,319 --> 01:05:40,559 resolution from the board of county commissioners to grandfather you in. Is 897 01:05:38,160 --> 01:05:44,640 it $200,000? What do you do about the people who don't know about this amount 898 01:05:42,640 --> 01:05:49,680 of money who are going to come up and say, "Look, 10 years ago, I decided to 899 01:05:47,520 --> 01:05:54,480 have a commercial operation and I was run out of rural residential zone land 900 01:05:52,559 --> 01:05:58,480 and I didn't know I had to have a specific amount of money I invested in 901 01:05:56,400 --> 01:06:02,960 order me to be able to stay there." So, it brings up a whole bunch of things 902 01:06:00,400 --> 01:06:08,559 that are not intended perhaps, but they will come and they will come in the form 903 01:06:04,880 --> 01:06:14,000 of suits that just because cannabis had a threshold of $150 or $200,000 or your 904 01:06:11,839 --> 01:06:17,599 time involved, then their people are going to say, 905 01:06:15,280 --> 01:06:21,440 "Well, I had more than that, aren't I entitled to the same protection by the 906 01:06:19,280 --> 01:06:27,920 board of county commissioners?" And that's where you go. So the idea is that 907 01:06:25,839 --> 01:06:31,760 what you've got in rural residential and hay by the way was used for animals 908 01:06:29,839 --> 01:06:37,760 which did put to productive use. Uh the idea is 909 01:06:34,640 --> 01:06:42,160 that uh in rural residential it's in SB 100 as to what it is, what its purpose 910 01:06:39,680 --> 01:06:48,319 and where it's located and it's very specific and everything subsequent to 911 01:06:44,400 --> 01:06:54,079 that has been deferred to this position of residential odor 912 01:06:51,680 --> 01:06:58,960 interference etc. It's all there. I'm not making it up. It's there. 913 01:06:56,640 --> 01:07:03,520 I think where we're going now is again that back and forth. um what I'm hearing 914 01:07:01,920 --> 01:07:08,400 I think what we need to see or I'd like to see for those of you who are in the 915 01:07:05,359 --> 01:07:13,920 industry and you know have the expertise and the knowledge maybe again offer some 916 01:07:11,520 --> 01:07:18,079 solutions as Valerie did and present to this panel as we move through this I 917 01:07:16,720 --> 01:07:22,680 think that might be beneficial. Commissioner Morgan has a few comments. 918 01:07:25,359 --> 01:07:30,960 I don't really know that this group is going to have another opportunity after 919 01:07:28,799 --> 01:07:34,880 tonight to talk on the topic as a group necessarily. 920 01:07:32,559 --> 01:07:45,039 um potentially because the commissioners are moving forward and so um the main 921 01:07:40,960 --> 01:07:49,119 thing is when we met last time I or two times ago I passed out you know this is 922 01:07:47,520 --> 01:07:53,680 what we're looking at any feedback we got there um I had basically had four 923 01:07:52,079 --> 01:07:57,359 things that I heard come out of the comments there wasn't a consensus but 924 01:07:55,520 --> 01:08:02,000 those four things in a meeting with the commissioners I took back and said there 925 01:07:59,440 --> 01:08:08,160 was a wait see what the state does wait and do nothing. There was a don't change 926 01:08:05,280 --> 01:08:14,880 it, make a path to EFU and Woodlot easier and then the home uh occupation 927 01:08:12,559 --> 01:08:18,799 options. And so basically everything that I heard out of the group I took 928 01:08:17,279 --> 01:08:24,239 back to the commissioners. So there wasn't a this is a consensus. This is 929 01:08:20,560 --> 01:08:30,880 just the feedback we got back. Um and as commissioners we didn't really um come 930 01:08:27,279 --> 01:08:35,040 to a consensus either which is uh you know it's one of those things that we 931 01:08:32,080 --> 01:08:39,440 wrestle back and forth and uh each of us kind of come from different places of of 932 01:08:36,960 --> 01:08:43,520 where we're at with it. So where we had left it was that um Commissioner D. 933 01:08:42,480 --> 01:08:48,319 Young was going to make some recommendations and that was forwarded 934 01:08:45,440 --> 01:08:54,560 to us. Uh couple things I should let you know. Uh first off the agenda coming out 935 01:08:50,560 --> 01:08:59,759 late was my fault. I was super ill and I missed four days of work last week 936 01:08:57,040 --> 01:09:04,319 because the doctor told me to stay home. I was very very ill and so it's my fault 937 01:09:01,759 --> 01:09:09,040 it was late. Um but I also missed some of the 938 01:09:06,319 --> 01:09:15,600 conversations about this stuff until and they put it off again till today. So 939 01:09:11,199 --> 01:09:19,359 today I I got um a new draft of kind of what was proposed by Commissioner D. 940 01:09:17,520 --> 01:09:23,759 Young and I passed that out to each of you. But before you go trying to look at 941 01:09:21,279 --> 01:09:28,640 this, I want to point out a different form to you that's listed at the top 942 01:09:26,159 --> 01:09:34,799 that says summary of non-typographical changes because this identifies the 943 01:09:32,000 --> 01:09:38,640 inlay changes and recommendations that are in the other one. So other than 944 01:09:37,120 --> 01:09:43,440 having to pour through and try to find it, this is a quicker way of trying to 945 01:09:41,520 --> 01:09:48,000 see what those emitted changes are. And I can tell you already based on our 946 01:09:45,440 --> 01:09:54,159 conversation today, we're not all in agreement about these either. Um, one of 947 01:09:50,560 --> 01:09:57,280 them already is changing. The um the third paragraph down says number two 948 01:09:55,840 --> 01:10:00,560 created a definition for commercial marijuana. Instead of saying anything 949 01:09:58,800 --> 01:10:04,800 over 12 plants is commercial, language was added to say if a lot is less than 5 950 01:10:03,040 --> 01:10:10,560 acres, anything over six is considered commercial. Um, and we struck that the 951 01:10:08,480 --> 01:10:14,400 state is who's defining commercial as 13 and over. we're not going to argue with 952 01:10:12,000 --> 01:10:19,280 the state on their definition. And so two of us today said, "We don't like 953 01:10:16,320 --> 01:10:22,880 that." Um the other thing is is I'd gotten feedback from the Williams 954 01:10:20,719 --> 01:10:26,719 Citizens Advisory Council that they had come with a compromise of working in 955 01:10:24,320 --> 01:10:30,159 their community with uh growers and non-rowers. They're they're pro- 956 01:10:28,320 --> 01:10:34,239 industry group for the most part. And their recommendation was a 100 foot set 957 01:10:32,080 --> 01:10:39,440 back from a property line and a 200t set back to a residence. and I uh forwarded 958 01:10:38,080 --> 01:10:42,719 that information to the commissioners and they both were agreeable to that. So 959 01:10:41,440 --> 01:10:48,000 that's something that they're looking at as a setback at this time as 100 foot uh 960 01:10:46,080 --> 01:10:52,159 from a property line of 200 from a residence and again that came from a 961 01:10:50,320 --> 01:10:56,960 group that was vetting through a community who was trying to find a a 962 01:10:55,040 --> 01:11:03,600 compromise from industry and non-industry. Um, and really when we go 963 01:11:01,679 --> 01:11:08,159 back to the purpose of the rural residential, cuz I I keep going back to 964 01:11:06,080 --> 01:11:12,159 what's the purpose, what's what's the whole zoning area, those setbacks are 965 01:11:10,719 --> 01:11:15,920 what give you that piece in those areas when you have something that's a 966 01:11:13,199 --> 01:11:19,520 non-conforming use. And so even our current code that says you can't 967 01:11:17,199 --> 01:11:23,040 interfere do, you know, the farming can't interfere with the neighbors, how 968 01:11:21,199 --> 01:11:27,280 do you adjust that? you have a reasonable setback that allows a buffer 969 01:11:25,520 --> 01:11:34,080 that allows something to happen without it being an impacting the neighbors and 970 01:11:29,679 --> 01:11:41,040 stuff like that. So, um there is still a question as to whether or not um what 971 01:11:37,920 --> 01:11:45,120 would be grandfathered or not. My my standpoint is 972 01:11:43,199 --> 01:11:50,640 if you have gone through the process of getting your lux and gone through the 973 01:11:46,640 --> 01:11:54,640 process with our um planning commission and you were in compliance going into 974 01:11:52,719 --> 01:12:00,159 this process or if you're converting to the OLCC system from the OM, you're 975 01:11:58,719 --> 01:12:03,679 you're showing you want to be in compliance with the system and we need 976 01:12:01,600 --> 01:12:09,280 to give you every opportunity to do it right. If you're not, 977 01:12:07,600 --> 01:12:12,239 there's nothing to grandfather in. If you're not working with the system, if 978 01:12:10,719 --> 01:12:16,080 you're not working within what the regulations are, what's to grandfather? 979 01:12:14,239 --> 01:12:21,280 You're already not complying with the rules. Uh so there is no grandfathering 980 01:12:18,719 --> 01:12:26,480 in of somebody who uh has clearcut a property against or 981 01:12:24,800 --> 01:12:29,840 done put in coververts without permission, all this other kind of 982 01:12:27,760 --> 01:12:34,239 stuff. So it it's one of those things that um there's going to be a balance, 983 01:12:32,560 --> 01:12:37,600 but that's my opinion. There's two other commissioners that have opinions and I 984 01:12:36,239 --> 01:12:43,280 can't speak for them on what their opinions are, but my opinion is that if 985 01:12:41,360 --> 01:12:47,760 you want to be considered a non-conforming use, your best way of 986 01:12:45,920 --> 01:12:52,000 doing that is conforming with as many of the regulations as you can. And one of 987 01:12:50,560 --> 01:13:01,120 those is that you're not impacting the neighbors. Uh anyhow, so 988 01:12:55,600 --> 01:13:04,080 um this list was kind of a um where this recommendations stand is the 989 01:13:02,719 --> 01:13:09,040 commissioners are meeting on Thursday morning. They're going to make their 990 01:13:06,719 --> 01:13:16,640 final recommendations and they're moving forward on Thursday morning at our admin 991 01:13:11,199 --> 01:13:22,880 meeting. And so any changes of um a non-conforming use staying with the 992 01:13:19,360 --> 01:13:27,520 property versus in a home occupation, it does not. It stays with the occupant, 993 01:13:24,640 --> 01:13:32,080 not the property. Um all those kinds of things have yet to be determined and 994 01:13:29,199 --> 01:13:38,000 still have to be decided. And what we have learned is that we're not so 995 01:13:35,040 --> 01:13:42,400 significantly out of phase with what was recommended that we have to start the 996 01:13:39,600 --> 01:13:47,040 process over. So we will be able to go on to a second or we probably we have to 997 01:13:45,360 --> 01:13:50,320 repeat the first reading if I believe correct vote on that approval will go to 998 01:13:48,960 --> 01:13:53,760 the second reading but we don't have to start over with the planning commission 999 01:13:52,080 --> 01:13:57,520 re notifications and all that other kind of stuff. So these changes are not so 1000 01:13:55,760 --> 01:14:04,080 significant as to change the purpose of what started so the process is going to 1001 01:14:00,159 --> 01:14:09,600 continue. Um I got this information today and brought 1002 01:14:07,120 --> 01:14:15,520 it to you guys tonight. Uh it's I know it's not a lot of time uh to look at 1003 01:14:12,800 --> 01:14:19,040 things and like I said um 1004 01:14:17,440 --> 01:14:21,920 we're not in agreement on all of them. There's a couple of them is like what's 1005 01:14:20,239 --> 01:14:25,760 that mean? I I I did my little cheat sheet today of okay, yeah, that one's 1006 01:14:23,679 --> 01:14:29,920 okay. No, that one I don't like. What's that mean? Um and some of those things 1007 01:14:28,000 --> 01:14:35,840 we're going to work out on Thursday. Uh the other thing is is um our staff 1008 01:14:32,800 --> 01:14:39,280 person is also out uh for medical purposes and so it's one of those things 1009 01:14:37,600 --> 01:14:42,719 that uh it's kind of just where we're at. 1010 01:14:41,440 --> 01:14:45,840 That's why I still have questions next to some of these cuz I don't have an 1011 01:14:44,000 --> 01:14:49,440 answer yet myself. But I want to make sure that I'm giving you guys the 1012 01:14:47,120 --> 01:14:54,560 information as soon to me getting it as I can so that we're all processing that 1013 01:14:51,760 --> 01:14:57,920 together. Uh, but when I heard from the commissioners today that we're going to 1014 01:14:56,320 --> 01:15:02,320 Thursday and from Thursday we're probably moving forward, that's why I 1015 01:15:00,719 --> 01:15:07,760 say this is probably your last opportunity as a group to speak on the 1016 01:15:04,159 --> 01:15:12,719 topic because the purpose and the bylaws of what the group is is more than just 1017 01:15:09,600 --> 01:15:18,640 these land use regulations. It's more than that. And um and so 1018 01:15:17,040 --> 01:15:23,679 essentially um wanted to give you a heads up that 1019 01:15:21,520 --> 01:15:27,440 probably won't be revisiting necessarily in this format because you'll have an 1020 01:15:25,600 --> 01:15:31,360 opportunity in the public formats in the hearings. Uh there'll probably be two 1021 01:15:29,280 --> 01:15:35,040 more hearings. If we have to repeat reading one, there'll be a hearing for 1022 01:15:33,679 --> 01:15:38,640 that and then it'll be at least two weeks in the second reading. So there'll 1023 01:15:36,880 --> 01:15:46,239 be two more opportunities for public hearing and public testimony. Um, and so 1024 01:15:43,120 --> 01:15:49,520 just want to make sure that uh we're all on the same page and you guys have the 1025 01:15:47,760 --> 01:15:53,360 same information. Clearly, this isn't something we've done 1026 01:15:51,120 --> 01:15:58,000 before. We're we're figuring it as we go. We've taken our time on this because 1027 01:15:55,840 --> 01:16:05,280 we want to try to do to the best of our ability, find a way that decreases the 1028 01:16:01,760 --> 01:16:11,679 impact on the bad apples, uh, holds them accountable. Um, but at the same time, 1029 01:16:08,719 --> 01:16:16,159 those that are truly doing it right, gone through the steps appropriately, 1030 01:16:13,600 --> 01:16:21,440 not having an impact on their neighbors, going through that process shouldn't be 1031 01:16:18,000 --> 01:16:28,719 punished for those that are doing things wrong. And so, um, at least 1032 01:16:25,360 --> 01:16:32,320 that's kind of where we're at. So, I I haven't specifically gone through all of 1033 01:16:30,800 --> 01:16:38,640 these and these yet. I've just gone through the summary. Um, Valerie's was 1034 01:16:35,360 --> 01:16:41,840 the only proposal per se that has been presented in the last month and we 1035 01:16:40,400 --> 01:16:46,560 wanted to make sure you had time to present that. Um, you guys can make a 1036 01:16:44,560 --> 01:16:49,840 recommendation of going on that or you guys can take few moments to look 1037 01:16:48,480 --> 01:16:55,679 through these and see if you have any comments. Uh, I welcome those. If there 1038 01:16:52,880 --> 01:16:59,600 is a consensus of the group, I would be interested in receiving that. If there's 1039 01:16:57,840 --> 01:17:04,080 not, I'll do what I did last time and say, "This is the types of feedback I 1040 01:17:01,280 --> 01:17:08,719 got." But there was no consensus. I just want to make sure that there's no 1041 01:17:07,280 --> 01:17:13,360 misconception that you're going to have weeks and months to talk about this. 1042 01:17:10,880 --> 01:17:16,800 It's not going to happen. So, or in this setting. So, I just want to give you 1043 01:17:16,000 --> 01:17:20,000 guys that chance. I'd like to raise a point of order. 1044 01:17:18,560 --> 01:17:21,760 I'm sorry. This isn't for you to discuss. 1045 01:17:20,640 --> 01:17:25,040 The point of order. I I'm going to be really clear. If you 1046 01:17:23,600 --> 01:17:27,920 want to interrupt the meeting, we can recess the meeting or we can stop the 1047 01:17:26,880 --> 01:17:30,480 meeting, but you don't get to participate in this meeting. 1048 01:17:29,040 --> 01:17:33,840 This is not a participation. It's a point of order. 1049 01:17:31,840 --> 01:17:38,320 Then you can leave, Chris, cuz this isn't a time for you to participate. 1050 01:17:36,159 --> 01:17:43,280 This was not on the agenda. This was a response to Valerie's 1051 01:17:41,120 --> 01:17:49,199 proposal and giving their information. But again, it's not your time to speak. 1052 01:17:46,960 --> 01:17:51,360 So that's enough. Otherwise, I'm going to ask you to leave. 1053 01:17:50,080 --> 01:17:54,560 Tell me if a point of order is inappropriate. I'm gonna ask you to 1054 01:17:53,120 --> 01:17:58,000 leave if you're going to keep talking and if you don't then we're just going 1055 01:17:56,480 --> 01:18:00,880 to stop the meeting and these guys don't have an opportunity to speak to the 1056 01:17:59,280 --> 01:18:05,199 moment. So that's a pretty straightforward thing. So if you'd like 1057 01:18:03,280 --> 01:18:08,320 to stop so these guys can take part in their advisory committee. Then we'll 1058 01:18:07,679 --> 01:18:10,800 keep going. I have a point of order about the 1059 01:18:10,080 --> 01:18:15,280 complaints. You can leave as well, Mark. That's 1060 01:18:12,400 --> 01:18:17,840 easy. This it's very clear. We can stop the meeting if you want these guys to 1061 01:18:16,800 --> 01:18:21,760 have their moment. I just I just want to address that 1062 01:18:19,840 --> 01:18:26,080 point. Then I'm going to ask that we have a recess and we'll go from there. 1063 01:18:24,320 --> 01:18:30,560 But if you want this meeting to continue where this group has an opportunity to 1064 01:18:27,600 --> 01:18:35,040 do their job, stop talking from the audience. 1065 01:18:32,680 --> 01:18:40,400 [Music] Rene, my question is for you Gerard. You 1066 01:18:37,679 --> 01:18:44,640 mentioned earlier that Valerie's if I remember correct heard you correctly 1067 01:18:41,760 --> 01:18:48,000 that Valerie's proposal if brought forward by the commissioners in the 1068 01:18:46,159 --> 01:18:56,960 recommendation would be moot due to the previous 1069 01:18:52,800 --> 01:19:00,640 land use that you quoted the whatever you 1070 01:18:57,280 --> 01:19:07,840 SP 100 is that correct essentially in your opinion essentially it 1071 01:19:04,000 --> 01:19:13,679 what I was saying is that SP 00 created the priority of the residential use. 1072 01:19:11,199 --> 01:19:19,600 Everything that is cited in valeries talks about the home occupation for 1073 01:19:16,159 --> 01:19:24,080 instance which is subordinate to rap. It gives you words like interfere. Uh you 1074 01:19:22,159 --> 01:19:28,159 cannot create a problem with things like odor. Uh you know I've never seen an 1075 01:19:26,080 --> 01:19:31,600 odor pay attention to the wind for instance. You may have a 100 foot 1076 01:19:29,679 --> 01:19:36,080 setback but the wind blows it over the 100 foot setback. So, what I'm saying is 1077 01:19:34,800 --> 01:19:41,440 when it's on the ground and you're trying to practically apply it, it won't 1078 01:19:38,560 --> 01:19:45,840 apply. It won't work. What you're going to be doing, you're still going to be 1079 01:19:42,960 --> 01:19:50,480 fanning the flames between one citizen against another, one plan, one 1080 01:19:48,159 --> 01:19:55,920 property owner to another. When in fact, the basis is to solve it. Spend our time 1081 01:19:53,600 --> 01:20:01,280 solving it, trying to get it where it can flourish and where it won't have 1082 01:19:58,159 --> 01:20:05,679 these continual harassments from the neighbor. So then, commissioner, 1083 01:20:03,679 --> 01:20:09,679 according to you, then if we do not decide this tonight, it's moved. 1084 01:20:08,239 --> 01:20:14,080 Correct. Because you guys are moving forward with your proposal, which 1085 01:20:12,480 --> 01:20:16,960 doesn't have this language in it. Correct. 1086 01:20:15,520 --> 01:20:21,120 Not my proposal. It the county the commissioner's proposal. 1087 01:20:18,400 --> 01:20:24,719 Correct. That um but that's not to say that if this group had a consensus of a 1088 01:20:23,040 --> 01:20:30,080 recommendation that I can't take it back to them and say this is what the 1089 01:20:26,800 --> 01:20:34,080 consensus of the group was. Um, I I have been given other advice that Senate Bill 1090 01:20:31,760 --> 01:20:38,400 100 doesn't supersede this and that the home occupation could be a possibility. 1091 01:20:36,560 --> 01:20:43,120 You know, there is ways that you can decrease the odor impact, not only the 1092 01:20:40,480 --> 01:20:46,960 setbacks, but what about a row of pine trees on the edge? You know, something 1093 01:20:44,560 --> 01:20:51,280 that has an alternate smell that counters wind. What's the thing you 1094 01:20:49,760 --> 01:20:55,040 smell through the wind is the pine before you smell something else? I don't 1095 01:20:52,880 --> 01:20:58,000 know. You can have a lavender farm for crying out loud. Sorry, I just had to 1096 01:20:56,640 --> 01:21:04,880 throw it out there for you, but I can't speak to that. 1097 01:20:59,280 --> 01:21:10,640 I uh but there there are this is already allowed under Senate Bill 100. We're 1098 01:21:07,920 --> 01:21:16,560 already operating and it's not been successfully challenged that they can't 1099 01:21:12,719 --> 01:21:19,880 do this under Senate Bill 100. Um, so I don't think 1100 01:21:20,000 --> 01:21:28,560 I I just think that it allows a level of scrutiny or 1101 01:21:26,640 --> 01:21:32,719 yes, it does do a case by case basis that it allows you to look at it and see 1102 01:21:30,880 --> 01:21:36,400 what is the impact on the neighbors, what is the impact in the community, 1103 01:21:34,320 --> 01:21:40,880 what is the impact of that one that's already existing at the time and it's 1104 01:21:38,640 --> 01:21:44,960 continuing in a good nature. I think it addresses some of those issues. I can't 1105 01:21:43,440 --> 01:21:48,320 say that you have to do this. So, I'm just saying it was a proposal brought by 1106 01:21:46,560 --> 01:21:54,000 one of you guys. Matter of fact, it was the only proposal that had other than 1107 01:21:51,920 --> 01:21:58,560 just wait, which the commissioners aren't waiting. So, that's not 1108 01:21:56,560 --> 01:22:02,080 recommended as a proposal. So, it's the only proposal that you guys have had. If 1109 01:22:00,560 --> 01:22:08,040 there's little tweaks or if there's any recommendations on looking at these, I'd 1110 01:22:04,639 --> 01:22:08,040 love that feedback. 1111 01:22:13,760 --> 01:22:23,280 Well, under those circumstances, with the commissioners moving forward soon, I 1112 01:22:19,280 --> 01:22:29,440 move that we uh accept Valerie's proposal to use existing regulations and 1113 01:22:27,040 --> 01:22:34,400 mechanisms to deal with the complaints. I second that. 1114 01:22:32,639 --> 01:22:38,159 Okay. So, we're getting a consens a consensus from the group to move or at 1115 01:22:36,239 --> 01:22:41,199 least present that information to the commissioners. Is that what I'm hearing? 1116 01:22:40,080 --> 01:22:44,080 Right. Okay. 1117 01:22:42,320 --> 01:22:47,360 Actually, it's not a voting issue. It's a consensus. 1118 01:22:46,800 --> 01:22:51,040 Question. Yeah. 1119 01:22:47,920 --> 01:22:55,440 Just point before you ask that. Can you repeat your wording? Because I 1120 01:22:53,840 --> 01:23:00,560 was trying to write it down of what your wording was of your motion. Well, the 1121 01:22:58,000 --> 01:23:04,560 simple way to say would be uh I move that we accept Valerie's proposal. 1122 01:23:03,520 --> 01:23:08,400 Okay. And recommended 1123 01:23:06,800 --> 01:23:13,520 and recommend it to the commissioners. Correct. Thank you. 1124 01:23:11,040 --> 01:23:18,440 Any further discussion on that? Second. All right. Motion a second. 1125 01:23:19,679 --> 01:23:24,560 Go ahead. Sorry. I think most of us are we're 1126 01:23:23,440 --> 01:23:28,560 interested in seeing the industry flourish. We're interested in seeing 1127 01:23:26,080 --> 01:23:34,880 patients be well taken care of and provided medications that will help them 1128 01:23:31,280 --> 01:23:40,639 at the same time. Uh does the board have on its agenda 1129 01:23:36,880 --> 01:23:44,239 um something that will allow enforcement of the rules and regulations? Because if 1130 01:23:42,639 --> 01:23:48,000 we're not able to enforce them, then the problems will just persist or the 1131 01:23:46,159 --> 01:23:51,679 problems will increase. And I think this is really what we're all looking for. 1132 01:23:49,920 --> 01:23:55,520 And I don't mind that someone does something uh next door to me that 1133 01:23:53,760 --> 01:24:01,440 doesn't really impact me. But once it starts to impact me, that's the problem. 1134 01:23:57,840 --> 01:24:06,960 And as you look at the that uh the graph, the water permits and the 1135 01:24:04,719 --> 01:24:10,480 complaints have gone up. Uh regardless of what the complaints are, some will 1136 01:24:09,040 --> 01:24:15,199 not be valid. Some will just be someone grinding um their own axe. Some of them 1137 01:24:13,280 --> 01:24:20,719 will be valid. And it gets more and more difficult if we have 3,100 grows or 1138 01:24:17,440 --> 01:24:24,400 above 3,000 legal OMN grows and we're seeing more and more complaints if we're 1139 01:24:22,639 --> 01:24:27,840 getting people in. It's hard as a businessman. I understand it's difficult 1140 01:24:26,239 --> 01:24:30,880 for anyone who's got to grow. They've got employees. They bring in trimmers. 1141 01:24:29,440 --> 01:24:34,960 They bring in seasonal help to help them. How do we manage that? And if 1142 01:24:32,800 --> 01:24:38,480 people aren't managing it well, then how do we deal with it? I think it's great 1143 01:24:36,400 --> 01:24:43,040 that the folks in Williams uh came together and they had a consensus about 1144 01:24:40,239 --> 01:24:48,880 setbacks, but really it comes down to how is the county going to deal with 1145 01:24:45,760 --> 01:24:55,060 issues that arise now and in the future and if we don't have the money or the 1146 01:24:50,480 --> 01:25:02,000 manpower um then what's the alternative? [Music] 1147 01:24:56,800 --> 01:25:09,760 So yesterday I was in Salem and um the meeting I was at, they had a bunch of 1148 01:25:04,239 --> 01:25:14,800 state heads of head of DHS, head of OIA, uh the head of the OLCC 1149 01:25:12,239 --> 01:25:19,520 uh come and talk to us and marijuana and enforcement was one of those topics. 1150 01:25:16,880 --> 01:25:23,120 Currently, there's three OLCC inspectors in Medford that cover Jackson and 1151 01:25:21,760 --> 01:25:28,159 Josephine County. They're increasing that to seven. So they're in the process 1152 01:25:25,440 --> 01:25:32,800 of hiring. Uh in addition, we now have a marijuana enforcement sergeant based in 1153 01:25:30,719 --> 01:25:36,639 Central Point with one detective. And in by March, they're going to have a second 1154 01:25:34,320 --> 01:25:39,840 one. So there's three detectives essentially that will be dealing with 1155 01:25:38,080 --> 01:25:45,600 enforcement just of marijuana in Josephine and Jackson counties. Um, and 1156 01:25:42,960 --> 01:25:49,840 then interestingly, one of those conversations I missed on Thursday that 1157 01:25:47,520 --> 01:25:56,560 they've revisited today was that the county is um looking at hiring an 1158 01:25:53,760 --> 01:26:02,000 additional attorney to process um the enforcement of complaints and 1159 01:25:58,960 --> 01:26:06,000 additional enforcement employee to help process through and verify 1160 01:26:03,600 --> 01:26:12,239 investigations of those complaints. and then funding a deputy to be a liaison on 1161 01:26:09,280 --> 01:26:18,639 the marijuana stuff to deal with and essentially uh as I heard it coined in 1162 01:26:14,880 --> 01:26:21,920 the media was a pot patrol. Um but the idea is that is the code enforcements 1163 01:26:20,320 --> 01:26:27,760 are doing that that they're safe. They have the law enforcement backing to do 1164 01:26:24,239 --> 01:26:36,480 that. Um and the question is how do we pay for it? So, uh, the 3% local tax 1165 01:26:32,960 --> 01:26:40,560 that comes off of retail is restricted to, 1166 01:26:38,000 --> 01:26:46,719 um, public health, prevention, treatment, and public safety. So, out of 1167 01:26:43,520 --> 01:26:50,800 those, it could pay for the deputy, but we don't know how much we're getting. 1168 01:26:48,080 --> 01:26:54,880 It's I I don't remember what the last amount was that we've gotten on the 1169 01:26:52,159 --> 01:26:57,679 dispensaries so far this year. Um, the last number I heard was 60,000, but I 1170 01:26:56,719 --> 01:27:02,400 don't remember how many months was involved. So I will try to get an update 1171 01:27:00,080 --> 01:27:07,520 on that so we can see the portion we're getting from the state is supposed to be 1172 01:27:03,679 --> 01:27:12,000 reported on later in this week. Um the first allocation was going to be based 1173 01:27:09,440 --> 01:27:15,600 on population. future allocations were going to be based on how many retail and 1174 01:27:13,920 --> 01:27:19,199 grows and everything else like that and canopy size and and because our canopy 1175 01:27:17,840 --> 01:27:24,239 size is greater that was one of the things Rob Levette had had reported on 1176 01:27:21,280 --> 01:27:29,199 in his presentation is that we may get a greater amount but we don't know um 1177 01:27:27,440 --> 01:27:34,480 because we've been waiting for how many months 1178 01:27:31,679 --> 01:27:38,080 since January 2016 to see if they'll ever distribute the money. They say they 1179 01:27:35,760 --> 01:27:42,159 will by October 11th. Oh, wait. That's tomorrow. Okay. Okay. So, yeah, we're 1180 01:27:40,239 --> 01:27:44,719 not getting the money by October 11th. We're supposed to by the end of the week 1181 01:27:43,440 --> 01:27:48,880 hear how much the portion to the counties is going to be. And we don't 1182 01:27:47,040 --> 01:27:52,960 know what our portion of the portion to the counties will be because it's based 1183 01:27:50,480 --> 01:28:00,480 on population. Uh, generally speaking, in other areas, Josephine County's cut 1184 01:27:55,520 --> 01:28:05,840 of the pie tends to be around 2 3%. So, um, 1185 01:28:03,840 --> 01:28:09,920 it kind of that's what I've seen in other trends. So we're not looking at a 1186 01:28:07,840 --> 01:28:14,480 lot necessarily in the first payment. So there's the sustainability of of these 1187 01:28:12,000 --> 01:28:19,120 positions, but those positions are going to the commissioners on Thursday morning 1188 01:28:16,639 --> 01:28:24,639 that we would pot would be then moving to next week's weekly business session 1189 01:28:21,280 --> 01:28:31,600 to approve. And so a deputy, an attorney, and a code enforcement 1190 01:28:27,600 --> 01:28:37,679 um to process land use issues, complaints regardless of the industry. 1191 01:28:34,320 --> 01:28:43,280 but then the um deputy to assist so that they're safe in their process. So, OLCC 1192 01:28:40,000 --> 01:28:48,480 is increasing inspectors by four. Uh the other thing the OLCC lady said was that 1193 01:28:45,920 --> 01:28:54,239 so far their priority has been registration and at this point they're 1194 01:28:50,800 --> 01:28:58,719 switching to enforcement. So, OLCC as a whole is changing their their priorities 1195 01:28:56,480 --> 01:29:04,159 as well to process. And how she described it was we get a report in our 1196 01:29:01,679 --> 01:29:08,800 office. We look up if they're one of our lenses. If they are, we're going to go 1197 01:29:06,639 --> 01:29:13,440 inspect, see how they're in compliance. That kind of process. If they're not 1198 01:29:10,960 --> 01:29:19,440 ours, we're going to go here you go OSP and pass it to them to follow up. Now, 1199 01:29:16,080 --> 01:29:24,080 how much two detectives can get done is to be seen. I'm not saying it's an 1200 01:29:22,400 --> 01:29:29,360 easy answer, but it's two detectives more than we have on it right now. and 1201 01:29:26,560 --> 01:29:35,840 it's not able to be processed. So, one thing I learned is I we have this 1202 01:29:31,440 --> 01:29:39,840 backlog of open property complaints and it's like why weren't those processed? 1203 01:29:37,360 --> 01:29:44,960 Well, the priority of previous commissioners was not to enforce that. 1204 01:29:42,800 --> 01:29:48,800 And so, as they're still trying to process through where things continue, I 1205 01:29:47,040 --> 01:29:52,719 mean, that's part of this backlog of working through some of these 1206 01:29:50,159 --> 01:29:56,639 complaints. And so hiring an attorney and 1207 01:29:54,400 --> 01:29:59,600 uh then code enforcement to investigate those that can get some of these 1208 01:29:58,080 --> 01:30:03,040 processed and get going and go through that process. So right now that's the 1209 01:30:01,440 --> 01:30:09,679 enforcement side of things is where it stands is that uh the state says they're 1210 01:30:06,239 --> 01:30:13,920 going to be doing more and they have two employees. Oh, the other piece just as a 1211 01:30:12,000 --> 01:30:20,639 side note, we'll deal with it on agenda, but we've asked uh the sergeant over the 1212 01:30:17,280 --> 01:30:27,679 marijuana enforcement in Central Point and the local OC head to come speak on 1213 01:30:24,719 --> 01:30:31,760 enforcement at our next meeting. Um so that you get an opportunity to hear from 1214 01:30:29,760 --> 01:30:38,600 them kind of where they're at, where they're going. So, um 1215 01:30:34,960 --> 01:30:38,600 get an opportunity at least 1216 01:30:39,910 --> 01:30:48,080 [Music] Not all land use applications are 1217 01:30:44,480 --> 01:30:52,400 approved. If the director was here, the planning director was here, she I 1218 01:30:50,080 --> 01:30:57,360 believe she would tell you that conditional use permits and home 1219 01:30:54,560 --> 01:31:01,360 occupations are probably the two that are most likely to get denied because 1220 01:30:59,199 --> 01:31:06,639 they have such a high level of scrutiny applied. And because those the it's not 1221 01:31:03,679 --> 01:31:11,120 just about um having a proper septic installed, it's also about the comments 1222 01:31:09,520 --> 01:31:15,840 and concerns of the surrounding neighborhood um that that have to be 1223 01:31:13,520 --> 01:31:20,800 answered to. So I believe that this this establishes a very high level of review. 1224 01:31:18,400 --> 01:31:25,280 I do understand Gerard's point of view and and it is true. We can't mitigate 1225 01:31:23,199 --> 01:31:29,520 everything. I don't expect that every application for a commercial cannabis 1226 01:31:27,280 --> 01:31:34,880 grow is going to be approved. In fact, I I will bet you that there will be more 1227 01:31:31,920 --> 01:31:39,679 denied than approved. But it does allow for those who have the property that is 1228 01:31:37,120 --> 01:31:43,600 able to be developed in this manner. It gives them that opportunity to to do so, 1229 01:31:41,760 --> 01:31:50,560 such as a feeder property that used to be a hay farm. Um there's there's 1230 01:31:48,159 --> 01:31:55,920 there's an opportunity here to allow for those who can mitigate in the situation, 1231 01:31:54,080 --> 01:32:01,520 allow them to be given that chance to do so. Also, 1232 01:31:58,960 --> 01:32:05,520 it's written into the rules that if they do not mitigate appropriately, if they 1233 01:32:03,360 --> 01:32:12,400 do not follow the conditions of approval that they their permit can be taken away 1234 01:32:07,920 --> 01:32:19,679 from them. Also, in the OLCC rules, if a a jurisdiction goes through the proper 1235 01:32:15,120 --> 01:32:24,159 steps of um of uh concerning violations on a property, that can be turned over 1236 01:32:21,760 --> 01:32:29,199 to the OLC and the OLCC can remove the license. So, there's there's it it's not 1237 01:32:27,280 --> 01:32:34,080 just saying we're going to allow them. It's saying 1238 01:32:31,199 --> 01:32:40,159 case by case and it's a very high level of scrutiny. 1239 01:32:36,960 --> 01:32:44,000 One thing on that I mean I did hear one of the commissioners say today that he 1240 01:32:42,239 --> 01:32:48,080 would not vote for anything that required approval of neighbors. Uh that 1241 01:32:46,400 --> 01:32:54,960 they would solicit feedback from neighbors but you never going to take 1242 01:32:51,280 --> 01:32:59,040 the rights of an individual away from by neighbor complaints. It does give an 1243 01:32:56,960 --> 01:33:03,440 ability to have things mitigated of concerns and such like that but approval 1244 01:33:01,600 --> 01:33:07,520 uh the neighbors won't have a say over approval is that was the opinion of one 1245 01:33:06,080 --> 01:33:10,520 of the commissioners uh based on the list 1246 01:33:11,199 --> 01:33:19,440 Stephen quick comment I understand in Colorado that taxation occurs based on 1247 01:33:16,639 --> 01:33:25,679 the at the multiple levels including the level of the grow uh is there any 1248 01:33:22,000 --> 01:33:31,120 mechanism that we have in the county for additional taxation that would then 1249 01:33:28,159 --> 01:33:37,199 provide for enforcement uh of the rules and regulations which 1250 01:33:32,960 --> 01:33:40,199 could then lead to everyone being happy. No. 1251 01:33:40,639 --> 01:33:49,199 So, um the state has been very clear that this is their game and their money 1252 01:33:47,120 --> 01:33:55,840 market. They've allowed the counties to have a 3% taxation, which every 1253 01:33:52,239 --> 01:34:00,960 community that had a ballot asking for tax in November 2016 passed. Even in 1254 01:33:59,679 --> 01:34:06,560 communities where they didn't allow marijuana, they passed the tax. That's 1255 01:34:02,639 --> 01:34:12,639 interesting. Um but uh there is a proposal uh it as far as a fee that 1256 01:34:10,719 --> 01:34:15,760 would basically be per license fee that's coming out of Josephine County, 1257 01:34:14,080 --> 01:34:19,440 but it'll go to the state legislature in the next legislative session. If it 1258 01:34:17,840 --> 01:34:23,920 passes, it would go to voters next November, as in a year from now, 1259 01:34:21,520 --> 01:34:27,440 November, uh to look at a different option. But right now, the only 1260 01:34:25,679 --> 01:34:32,960 mechanism for the county to have a taxation is the 3% and then the state 1261 01:34:30,560 --> 01:34:37,360 17% is distributed. And like I said, that distribution changed from 1262 01:34:35,199 --> 01:34:43,280 population to how many. They at least added the canopy in to our lency count 1263 01:34:40,960 --> 01:34:49,199 because instead of it being what, six dispensaries, it's now every whole CC 1264 01:34:45,920 --> 01:34:53,280 grows into that. So, it changed what our percentage will be on that. Um, but 1265 01:34:51,760 --> 01:35:01,000 there's no way to guess how much money that will bring into the county. And um 1266 01:34:58,000 --> 01:35:01,000 yeah, 1267 01:35:01,280 --> 01:35:09,760 Jeff, just one last comment. You had me 1268 01:35:06,800 --> 01:35:14,000 leaning in your direction until I just heard that there are no teeth in this 1269 01:35:11,199 --> 01:35:19,040 thing. So what's the point? You're If we leave it to the discretion of county 1270 01:35:16,480 --> 01:35:21,920 commissioners and they say, "No, we don't want to disregard it," then 1271 01:35:20,400 --> 01:35:26,560 there's no teeth. There's no point in going any further. If there's it it 1272 01:35:24,400 --> 01:35:30,800 either has to be a regulation that is enforced or it has to be one that is 1273 01:35:29,120 --> 01:35:36,239 disregarded completely. And what I just heard you say was there's one that won't 1274 01:35:33,120 --> 01:35:40,239 go for strict enforcement which again mitigates the entire 1275 01:35:37,600 --> 01:35:44,560 That's not what I said. I said he doesn't want the application to be based 1276 01:35:42,320 --> 01:35:48,480 on neighbors complaints being that the approval of an 1277 01:35:46,639 --> 01:35:52,400 application can't be stopped just by neighbors complaints because the same 1278 01:35:50,000 --> 01:35:55,920 thing that we heard in presentation earlier was neighbors have been 1279 01:35:53,760 --> 01:35:59,360 disputing water lines and property lines forever and you don't know what the you 1280 01:35:57,600 --> 01:36:03,199 don't know what the motivation is. Now, the complaint can have specific listed 1281 01:36:01,440 --> 01:36:08,639 things that they can mitigate in that application, but just saying a neighbor 1282 01:36:05,600 --> 01:36:13,360 opposes is not enough for that application to not be approved is all I 1283 01:36:11,199 --> 01:36:18,320 was saying by that. And his statement was if there's any piece of this that 1284 01:36:15,679 --> 01:36:24,880 requires neighbors approval, then he wouldn't vote for that. So, if 1285 01:36:21,760 --> 01:36:28,400 it requires neighbors approval, it won't get that commissioner support. 1286 01:36:26,400 --> 01:36:32,159 Isn't that what I just said? No, you said there's no teeth to any part of it. 1287 01:36:30,480 --> 01:36:36,800 I'm just saying in the application, that was one piece of an application in this 1288 01:36:34,080 --> 01:36:40,400 proposal was it still would have the notification to the neighbors and it 1289 01:36:38,560 --> 01:36:44,960 would give them a chance to register objections, but that doesn't mean that's 1290 01:36:42,880 --> 01:36:49,679 where it stops. That person has a right to mitigate those objections and make 1291 01:36:47,040 --> 01:36:56,080 make them right and then they go forward or not. So, um there's a due process 1292 01:36:54,239 --> 01:37:01,440 essentially is what it is and everybody has a right to due process. 1293 01:36:57,520 --> 01:37:06,239 Hold on. See has one. Go ahead. Um 1294 01:37:03,119 --> 01:37:13,280 um as a Williams resident, with all due respect to the Williams CAC and their 1295 01:37:08,480 --> 01:37:19,199 hard work, um I don't uh believe that they could be described as pro-regulated 1296 01:37:15,679 --> 01:37:23,800 cannabis industry. And um I don't think that there was a consensus about those 1297 01:37:20,800 --> 01:37:23,800 setbacks. 1298 01:37:24,320 --> 01:37:31,600 Just to to make a note, I'm going to forgot your names. When the in the home 1299 01:37:29,360 --> 01:37:36,480 occupation process, what happens is a notice goes out to all the neighbors 1300 01:37:33,840 --> 01:37:41,920 that are in that certain proximity of your future business. And they then 1301 01:37:40,080 --> 01:37:47,520 receive that notification. They have the right to participate in the process by 1302 01:37:45,280 --> 01:37:51,520 thumbs up, thumb down, making comments, but having had home occupation, going 1303 01:37:49,760 --> 01:37:54,960 through the process, they aren't the make or breaker whether or not you get 1304 01:37:52,800 --> 01:37:58,639 your home occupation. They just are allowed to participate in the process 1305 01:37:56,639 --> 01:38:02,719 because you want your neighbors, you know, if you're going to open up a a 1306 01:38:00,480 --> 01:38:06,880 paint, you know, auto body store next to your your 80-year-old grandmother's 1307 01:38:04,960 --> 01:38:10,320 place, she want to have a say in what's going on and know about it and be able 1308 01:38:08,800 --> 01:38:14,239 to speak on it. So, that's all it is. is just one part of the process of the 1309 01:38:12,239 --> 01:38:16,800 neighbors being allowed to speak. Yeah. 1310 01:38:14,639 --> 01:38:20,320 And I just want to respond to that just and I would I would understand exactly 1311 01:38:18,800 --> 01:38:25,280 what you're saying if we haven't already seen our political leaders disregard 64% 1312 01:38:22,880 --> 01:38:31,119 of the population of this county. Okay. Gerard, 1313 01:38:28,719 --> 01:38:35,360 are you going to change the home occupation threshold with interference? 1314 01:38:33,760 --> 01:38:38,360 Are you changing the definition of interference? 1315 01:38:39,280 --> 01:38:42,719 I'm not doing anything but taking recommendations from a committee at the 1316 01:38:42,400 --> 01:38:46,960 moment. I was wondering in your in your in your 1317 01:38:44,719 --> 01:38:50,159 brief notes here, it doesn't mention anything about it, but that's a that is 1318 01:38:48,639 --> 01:38:54,880 something that's there about if there's an objection and there's a list of those 1319 01:38:51,920 --> 01:38:59,760 objections. Are you trying to is the BCC trying to remove the established 1320 01:38:57,440 --> 01:39:04,800 priority of residential use for instance which is clearly also stated in 1321 01:39:02,320 --> 01:39:09,600 so based on what I saw in Valerie's presentation and the bullet point 1322 01:39:07,280 --> 01:39:12,960 residential use is still primary function 1323 01:39:10,239 --> 01:39:16,560 but if you make it so that you take out or you have for instance in this 1324 01:39:15,040 --> 01:39:21,920 particular instance where you're saying that one of the commissioners says that 1325 01:39:18,560 --> 01:39:28,320 if there is anything in favor of that he's not going vote for it. Um, are we 1326 01:39:25,520 --> 01:39:33,199 going to have the existing 1327 01:39:30,000 --> 01:39:38,639 ordinance code left the way it is with some changes or are you going to create 1328 01:39:35,280 --> 01:39:44,800 a new home occupation? So you guys at currently made a 1329 01:39:41,360 --> 01:39:50,400 recommendation of these proposals and or rather 1330 01:39:47,840 --> 01:39:56,400 these proposals with these bullet points or using that system to do it. Um I 1331 01:39:53,920 --> 01:40:00,800 believe it would potentially require a change of home occupation 1332 01:39:58,239 --> 01:40:05,280 to require farming or agricultural commercial to be included in the home 1333 01:40:02,560 --> 01:40:10,400 occupation. So we'd have to define where in home occupation it would be required. 1334 01:40:07,679 --> 01:40:15,119 So, it would require that to be added to the home occupation portion. As far as 1335 01:40:13,119 --> 01:40:18,639 defining interference, I don't think I would change what's in 1336 01:40:16,719 --> 01:40:26,239 there. It's already defined. And so, um, 1337 01:40:23,360 --> 01:40:31,280 but I can tell you that what the commissioners are looking at is this 1338 01:40:27,840 --> 01:40:36,960 other one having had received no other recommendations from anybody. 1339 01:40:34,000 --> 01:40:41,520 So the other one doesn't change the definition of interference either uh 1340 01:40:39,679 --> 01:40:49,639 because that's currently in the rural residential code related to farm in 1341 01:40:45,199 --> 01:40:49,639 rural residential. So that remains 1342 01:40:50,239 --> 01:40:58,400 with the caveat that it cannot interfere with the residential use. 1343 01:40:55,440 --> 01:41:00,719 It doesn't it says with the neighbors right 1344 01:40:58,800 --> 01:41:04,960 residential use that's already in there. So that will stay. 1345 01:41:02,000 --> 01:41:08,320 Yes. Who's has it been recommended to remove it anywhere? 1346 01:41:05,920 --> 01:41:11,360 No, I'm asking you because there's been I thought I answered that already. It's 1347 01:41:09,760 --> 01:41:15,040 not being recommended to change. I think it's fair to say, Lily, there's 1348 01:41:13,119 --> 01:41:18,480 been discussions that you have add lived that aren't on here. And I want to know, 1349 01:41:16,960 --> 01:41:22,480 for instance, doesn't say anywhere in here that one of the commissioners has 1350 01:41:19,920 --> 01:41:26,000 already said what you said. So, I'm I'm I'm assuming that what you're saying is 1351 01:41:24,560 --> 01:41:28,880 things that you know, and you're adding to this that could affect this outcome 1352 01:41:28,320 --> 01:41:32,239 of this. I just said what one commissioner said 1353 01:41:30,320 --> 01:41:36,560 that he was taking into consideration. It didn't change a recommendation. I 1354 01:41:34,480 --> 01:41:40,560 just heard one commissioner say if you have a piece in there that requires 1355 01:41:38,080 --> 01:41:44,080 approval of neighbors to go forward, it will put neighbor versus neighbor and I 1356 01:41:42,880 --> 01:41:48,800 won't approve going forward with that. That was one commissioner's opinion. It 1357 01:41:46,239 --> 01:41:51,119 takes two commissioners to get something to move forward. 1358 01:41:49,600 --> 01:41:54,880 What I'm saying is that's why I'm asking these questions because it's logical to 1359 01:41:53,199 --> 01:41:58,400 think if that's something that's not on this list, maybe something else is 1360 01:41:56,400 --> 01:42:02,719 changing that you know about we don't make have on this list. I made this 1361 01:42:01,280 --> 01:42:04,360 the punch list. I'm talking about the one. 1362 01:42:03,280 --> 01:42:09,280 Oh. [Music] 1363 01:42:06,800 --> 01:42:12,480 So is that is there anything else that's why I'm asking these questions is to 1364 01:42:11,040 --> 01:42:15,679 find out. Is there anything else that we don't know about that's not being 1365 01:42:13,760 --> 01:42:21,159 mentioned on this printed list that you gave us as a as this? 1366 01:42:17,520 --> 01:42:21,159 Have you read it yet? 1367 01:42:21,920 --> 01:42:27,199 This list. You didn't make that one, did you? No, 1368 01:42:25,199 --> 01:42:30,480 that was Director Schmeltzer made that to give us a summary of what these 1369 01:42:28,800 --> 01:42:34,080 changes were because Commissioner D. Young at the request of the 1370 01:42:31,920 --> 01:42:37,920 commissioners brought back a list of recommendations. This is the 1371 01:42:35,440 --> 01:42:41,040 recommendations that he brought back. This was the summary of those 1372 01:42:39,280 --> 01:42:45,840 recommendations. Wrong one. 1373 01:42:43,600 --> 01:42:52,040 This one is the summary of those recommendations. 1374 01:42:47,440 --> 01:42:52,040 And in the conversation today, 1375 01:42:52,239 --> 01:42:58,480 there was that was one of the things the commissioner said. I don't 1376 01:42:56,480 --> 01:43:01,760 I haven't read this yet. I got it today. Is there anything? Okay. So, there's 1377 01:43:00,000 --> 01:43:06,159 nothing you know of then. Not that I know of. No. I also know is 1378 01:43:04,560 --> 01:43:09,280 everything's still on the table for Thursday. 1379 01:43:07,679 --> 01:43:11,040 That's um 1380 01:43:09,679 --> 01:43:16,080 Well, we're going to take a vote on whether or not Yes. 1381 01:43:14,159 --> 01:43:21,119 So, having said that, we have first and a second. on this motion to approve to 1382 01:43:19,199 --> 01:43:26,000 move Valerie's proposal forward to the commissioners for review. 1383 01:43:23,280 --> 01:43:29,719 Any further discussion? All those in favor raise your hand. 1384 01:43:30,239 --> 01:43:39,119 All those opposed, any abstain? 1385 01:43:36,480 --> 01:43:42,360 The eyes have it and we'll move forward. It's 53. 1386 01:43:46,800 --> 01:43:55,920 All right, that pretty much covers the agenda for tonight. Next to set the next 1387 01:43:52,239 --> 01:44:00,239 meeting, um, having spoken with or contact through the commissioner with 1388 01:43:57,760 --> 01:44:05,920 OSP and OLCC to have our representatives here, um, I would ask the panel to 1389 01:44:03,360 --> 01:44:10,880 consider moving the meeting from the 14th to the 7th, November 7th. that 1390 01:44:09,280 --> 01:44:15,760 would accommodate both of our guest speakers and also the commissioners are 1391 01:44:12,800 --> 01:44:19,600 going to be out of county on the 14th. If we move into the following week, 1392 01:44:17,440 --> 01:44:24,000 which would be the 21st, that gets into Thanksgiving. I don't think we want to 1393 01:44:21,119 --> 01:44:29,280 do that. After that's the 28th, and then we're only two weeks from the next 1394 01:44:25,520 --> 01:44:32,239 meeting in December. So, do I hear any problems with having the next meeting on 1395 01:44:30,960 --> 01:44:35,760 November 4th? 4th or 7th? 1396 01:44:33,280 --> 01:44:39,840 Or seventh, excuse me, 7th. Same time, 6 p.m. here, commissioner. We'll have it 1397 01:44:37,840 --> 01:44:44,560 here. It just continues. Good. All right. And again, we'll have our two 1398 01:44:41,440 --> 01:44:50,880 speakers from OSP, Morgan State Police, uh, and also from OLCC. Sean, 1399 01:44:47,199 --> 01:44:53,760 Mr. Chair, can we, um, have a We have a 53 on the vote. Three opposed, five in 1400 01:44:53,360 --> 01:44:56,639 favor. Yes. 1401 01:44:54,159 --> 01:44:58,320 But there's nine members. Did you vote? 1402 01:44:57,360 --> 01:45:01,600 I did not vote. Okay. Did you abstain? 1403 01:45:00,000 --> 01:45:05,760 I'll abstain, Mr. Chair. Thank you. 1404 01:45:03,679 --> 01:45:09,000 Okay. Go ahead. 1405 01:45:12,000 --> 01:45:17,960 Uh, one other thing. Go ahead. 1406 01:45:14,960 --> 01:45:17,960 Um, 1407 01:45:19,360 --> 01:45:27,920 so one thing I did pass, I got an email uh 1408 01:45:24,960 --> 01:45:32,239 that Oregon Health Authority sent out as far as plant limit changes and growite 1409 01:45:30,000 --> 01:45:35,280 inspections. So you have it just so you have the information that I got. Just 1410 01:45:33,760 --> 01:45:39,119 trying to make sure to pass along any information. 1411 01:45:37,280 --> 01:45:44,320 I'm sorry. And I noticed that there's nothing about rural residential outside 1412 01:45:41,360 --> 01:45:47,760 of city limits, which is kind of the whole crux of the issue here, isn't it? 1413 01:45:46,159 --> 01:45:53,280 I didn't create this form. Oregon Health Authority created this form. That's 1414 01:45:49,760 --> 01:45:57,280 two-sided, and I have no comments on what it says. I didn't create it. I 1415 01:45:55,440 --> 01:46:02,560 simply received an email and printed it and brought it to you. So, there's 1416 01:46:00,639 --> 01:46:06,480 there's contact information on there probably 1417 01:46:04,080 --> 01:46:10,880 on the website at the top of Oregon Health 1418 01:46:09,199 --> 01:46:16,159 Authority. You can go there to the agenda items for next meeting. Um like I 1419 01:46:13,679 --> 01:46:20,159 said, there had been some suggestions of OLCC 1420 01:46:17,760 --> 01:46:26,960 uh coming. So uh we had invited our local OLCC folks to come along with the 1421 01:46:22,800 --> 01:46:30,719 enforcement. There's also been an email. Um 1422 01:46:28,560 --> 01:46:37,040 let's see, that was Jared's comments. This one was a request to potentially 1423 01:46:33,440 --> 01:46:43,199 have Amanda Borup or Danica Hipsman uh come down and speak to the group at some 1424 01:46:38,960 --> 01:46:47,840 point. Um and so can try to get those scheduled in and and get going. There's 1425 01:46:45,840 --> 01:46:52,560 any other things that you guys would like to have try to schedule. Cedar, you 1426 01:46:50,560 --> 01:46:57,440 had sent that email. Uh if you have contact information, can you forward 1427 01:46:54,480 --> 01:47:02,880 that to Sean so we can try to get those scheduled? Um, 1428 01:47:00,239 --> 01:47:06,800 and then if there were other items, again, if you have agenda items that 1429 01:47:04,560 --> 01:47:12,280 you'd like to have added, I you know, we can email Sean or ask for them to be 1430 01:47:08,960 --> 01:47:12,280 scheduled in. 1431 01:47:12,400 --> 01:47:20,159 The only thing that I was going to say is I did um include an invitation to 1432 01:47:17,280 --> 01:47:24,719 come for the panel to come to my farm. Um, I'm open to doing that at any time, 1433 01:47:23,280 --> 01:47:29,119 but it would be kind of interesting to do it at this point with harvest going 1434 01:47:26,560 --> 01:47:33,679 on. is the busiest time. Um, so it's it's kind of a a way for them to see 1435 01:47:30,960 --> 01:47:37,440 just uh rather than just coming in and seeing a bunch of plants standing there 1436 01:47:35,280 --> 01:47:40,719 seeing how how things operate. So public meeting law is an interesting 1437 01:47:39,199 --> 01:47:45,840 thing. We'd have to notice it. It'd have to be open to the public. We'd have to 1438 01:47:42,239 --> 01:47:53,119 just put an agenda out. Um, and so I'll take a video. 1439 01:47:48,639 --> 01:47:58,000 I I just I just want to um it's it's one of those things that it's 1440 01:47:55,360 --> 01:48:04,480 what makes unfortunately government committees interesting is public meeting 1441 01:48:00,000 --> 01:48:09,520 law. Um and so workshops like that are possible um that you like I said you 1442 01:48:07,440 --> 01:48:14,639 develop an agenda time frame that kind of stuff you you notice it and then you 1443 01:48:12,960 --> 01:48:17,440 go and do that. It's just a matter of it takes a little more coordination than 1444 01:48:16,000 --> 01:48:20,719 just simply saying, "Hey, everybody show up and I'll give you hot dogs." You 1445 01:48:18,960 --> 01:48:25,760 know, that kind of thing. Um the OLCC does not allow me to have 1446 01:48:22,960 --> 01:48:30,960 public open public access at my farm, but um maybe I can get a video meeting 1447 01:48:27,760 --> 01:48:36,000 or something like that to to Thank you. 1448 01:48:33,760 --> 01:48:39,440 All right. Other comments, concerns, questions? All right. Then have your 1449 01:48:37,760 --> 01:48:45,679 hearing none. The agenda has been set. Oh, sorry, Jared. 1450 01:48:42,560 --> 01:48:49,679 Just a question about the setbacks. Um why are we making those setbacks more 1451 01:48:47,760 --> 01:48:55,840 stringent than what the OLCC already dictates what they want to see in those? 1452 01:48:53,920 --> 01:49:00,159 Because they have said that the counties have the right to set time, place, and 1453 01:48:57,520 --> 01:49:04,480 manner and current setbacks are not keeping the peace. 1454 01:49:01,679 --> 01:49:09,360 Okay. So we went from 300 foot or sorry 30 foot to 300 foot and now we're back 1455 01:49:06,800 --> 01:49:15,920 to considering 100 foot. Have we considered just making it the standard 1456 01:49:11,920 --> 01:49:22,000 75 foot just like the OLCC requests? It's again OLCC 1457 01:49:19,520 --> 01:49:27,520 doesn't have I mean they've said we can set time place manner so it's up to each 1458 01:49:24,000 --> 01:49:32,320 that is a possibility 75 ft is an option um but again the current setback isn't 1459 01:49:30,320 --> 01:49:38,400 keeping the peace with the interference with neighbors and so um for me it was a 1460 01:49:35,679 --> 01:49:44,960 matter of receiving feedback in the community of a compromise that would 1461 01:49:40,159 --> 01:49:48,880 potentially try to uh mitigate the issues between neighbors. We're still 1462 01:49:47,199 --> 01:49:51,520 trying to keep the primary focus of residential and keeping the peace in the 1463 01:49:50,960 --> 01:49:55,760 community. So the current the current setback has 1464 01:49:52,960 --> 01:49:59,679 nothing to do with OCC um cultivators whatsoever and it's reasonable time, 1465 01:49:58,239 --> 01:50:04,080 place, and manner. And the reason you're getting this is because your county 1466 01:50:01,119 --> 01:50:07,920 commissioners are prohibitionists. That's your opinion. 1467 01:50:06,320 --> 01:50:13,199 Hi Jared. Anything else? Yes. Um a question about the easement. 1468 01:50:11,199 --> 01:50:18,480 um is it talked about how you can't get water trucks up to your farm if you it's 1469 01:50:16,320 --> 01:50:23,000 accessed off an easement. Um what exactly were you trying to achieve by 1470 01:50:20,000 --> 01:50:23,000 that? 1471 01:50:23,920 --> 01:50:31,520 Me personally, no. Uh I'm just looking at 81.020. 1472 01:50:29,920 --> 01:50:37,119 So there were complaints received about private 1473 01:50:34,480 --> 01:50:40,800 roads easements that damage was being caused. We've getting res we're getting 1474 01:50:39,199 --> 01:50:45,199 reports and complaints about public roads getting damaged from the amount of 1475 01:50:42,560 --> 01:50:49,760 traffic going over them. Uh that is greater than the portion proportion of 1476 01:50:47,360 --> 01:50:54,159 traffic that has been in the past which is causing damage and maintenance 1477 01:50:51,600 --> 01:50:59,440 requirements to be sped up. And then again with people that are just working 1478 01:50:56,560 --> 01:51:03,840 on site and then leaving without no kind of claim of ownership of that road 1479 01:51:01,440 --> 01:51:09,440 causing damage and leaving without being accessed. So, one of the suggestions was 1480 01:51:07,520 --> 01:51:14,639 is that if you don't own the entire portion of that easement or private 1481 01:51:12,239 --> 01:51:19,920 road, you don't get to run water trucks on it. So, 1482 01:51:17,679 --> 01:51:25,280 um if you don't own the easement, 1483 01:51:22,639 --> 01:51:28,639 for instance, um if your property doesn't abut to the whole portion, the 1484 01:51:27,760 --> 01:51:30,880 property. Okay. 1485 01:51:28,960 --> 01:51:36,239 Yeah. The property have that was what the wording was. 1486 01:51:33,520 --> 01:51:40,960 It was a property issue. If if you have if you have the responsibility to fix 1487 01:51:38,000 --> 01:51:46,159 the road and it's your grow, no harm, no foul. Uh what what's was going on is 1488 01:51:44,560 --> 01:51:50,159 that it wasn't people responsible for the 1489 01:51:48,239 --> 01:51:53,440 property causing damage taking off and then the people that own the rest of the 1490 01:51:51,840 --> 01:51:58,400 road or the properties around the rest of the road are left to eat the bill of 1491 01:51:55,760 --> 01:52:02,960 fixing it. And it was a question I had if there's civil consequence, why are we 1492 01:52:01,119 --> 01:52:08,320 legislating this issue when somebody can file in court the damage that's done 1493 01:52:04,880 --> 01:52:11,679 against the property? And there's a way of doing that already. So 1494 01:52:11,119 --> 01:52:16,159 anyhow, this just seems like a knee-jerk 1495 01:52:13,119 --> 01:52:23,280 reaction to probably a very few incidences um but would limit or have 1496 01:52:20,159 --> 01:52:28,960 devastating outcome to multiple farmers. Um, I mean, I just don't see where this 1497 01:52:26,400 --> 01:52:33,199 is beneficial to anybody aside from a very 1498 01:52:30,480 --> 01:52:37,040 few individuals that are dealing with some of these circumstances. 1499 01:52:35,199 --> 01:52:42,800 Okay. Yeah. If of course all these points 1500 01:52:39,679 --> 01:52:47,280 being made are valid perspectives. We have open forums that are coming up on 1501 01:52:44,400 --> 01:52:51,920 the review of this document. So, I would, you know, encourage you obviously 1502 01:52:48,960 --> 01:52:55,920 to attend there. Any other questions, concerns from the agenda? All right, 1503 01:52:54,800 --> 01:53:00,679 having heard none, then I'm going to adjourn this meeting. The time is 7:53.