State, local issues mesh during legislative update in Oroville

September 17, 2013

Illegal pot grows and water issues dominated the discussions at the Oroville Area Chamber of Commerce Legislative Series conference Monday, although whiskey was also mentioned. Congressman Doug LaMalfa (R-Richvale) and Butte County Supervisor Bill Connelly addressed a room full of people in City Council Chambers who came to hear how federal and county legislation and regulations impact the area.

LaMalfa co-authored legislation for sentencing people convicted of illegally growing marijuana. Rep. Mike Thompson (D-CA) and Jared Huffman (D-San Rafael) introduced the Protecting Lands Against Narcotics Trafficking Act, called the PLANT Act, to the house in July. The legislation is one way of battling illegal marijuana cultivation and the associated pollution of forests, LaMalfa said.

The bill allows the U.S. Sentencing Commission to set penalties. The bill defines who would be punished, such as people convicted of growing marijuana on federal land, who trespass on private property and who use chemical fertilizers and pesticides that create hazards for humans or wildlife.

LaMalfa said laws are disproportionate, prosecuting and fining legitimate businesses such as timber companies, while illegal marijuana growers thrive. "The only people that are secure in the forest seem to be people doing illegal activities," he said. Connelly showed aerial pictures of large bald patches of land in the foothills that have been denuded of vegetation for illegal grows.

The county has recently brought charges against property owners for illegally grading in these areas.

Supervisors have also approved a marijuana cultivation ordinance. From the audience, Bonnie Marciniak said the ordinance allows too many marijuana plants to be grown, adversely impacting nearby properties and residents. Connelly said the county approved a strict ordinance that was shot down by attorneys paid by illegal growers.

Then the county approved an ordinance that was a compromise between advocates and opponents.

In October, the county will dive into the medical marijuana ordinance again at Connelly's suggestion.

Connelly implored citizens impacted by marijuana grows to fill out forms available for public comment.

In addition, the county has convinced some water quality inspectors to inspect marijuana grows.

Many state agency representatives are afraid to go into marijuana grows because of AK-47s and other weapons that have been confiscated from illegal growers, Connelly said. "Both the congressman and I have been into these areas," Connelly said.

Connelly said the grows threaten the health and safety of nearby property owners because of the high cash value crops, the resulting crimes and the chemicals used for grows. Some audience members agreed that you don't control your own life when you live near grows.

Oroville City Councilman David Pittman asked LaMalfa if he could help induce the National Marine Fisheries Service to finish a study that has held up the federal electric generation license on the Lake Oroville Dam for about six years. Local government agencies have been waiting for settlements of money, local improvements and other recreational goodies pending the Federal Energy Regulatory Commission issuing a license to the state Department of Water Resources.

LaMalfa said his office would help if possible. He said like all bureaucracies, the agencies have no incentive to move swiftly. From the audience, Celia Hirschman of the Historic District Neighborhood Watch asked what can be done about local water rate increases proposed by California Water Service Company. Connelly said he lives in the South Feather Water and Power district so his bill is half of what Cal Water charges. That's because South Feather acquired water rights decades ago that offset water rates.

Connelly said he didn't know what, if anything, could be done to get rid of Cal Water in Oroville.

Connelly said the issue had been broached years ago, but Cal Water said the company would hire attorneys to oppose any movement to remove the agency.

Connelly went on a short tangent about all the state and outside agencies that want a piece of Oroville's water, including the governor's proposal for tunnels. But he said water and other issues impacting the north state boil down to money and a simple majority vote with the majority living farther south.

Connelly said it won't stop because people outside Butte County want revenues from the water. He quoted a phrase often attributed but never documented as stated by Mark Twain: "Whiskey's for drinking; water is for fighting over," Connelly said.

When asked, LaMalfa said he understands why northern counties have written letters asking to split the state, and Modoc County will soon follow suit. If people in Southern California think the north state is full of ignorant "hicks" who don't know how to manage their resources, LaMalfa said he has an answer.

"I would tell them to let my people go," LaMalfa quipped.


Source: By Mary Weston