Bocomo, the guy's desire to grow pot and just 'give it to friends' doesn't really help his case, but when you run into state level problems, and if you're going for the long fight, it has to get elevated out of the state. I do want to state for the record that I am an advocate of state's rights; however, when a state official goes 'rogue,' one needs an avenue to get relief (reference those bakers who didn't want to bake a cake for the gay wedding; in that case the state official was tainted).
In this specific case, I don't really have a side. I do find it odd that the pond was there for close to a decade with no 'official' trying to drain it. Maybe there was a relationship or payoff happening between the old owner and the local gov't.