interviews
Water and the American West
by Richard Frank
October 25, 2021
This interview with Richard Frank, professor of environmental practice at the UC Davis School of Law and Director of the California Environmental Law and Policy Center, was conducted and condensed by franknews.
frank | Can you tell me a little bit about the story of water and how it's tied to the West, and to California in particular?
Richard | A friend of mine who's a Court of Appeals Justice here in California wrote an opinion on a water law dispute and started it with the quote, "the history of California is written on its waters." And I think that the point is true of the entire American West.
Water policy and legal issues are inextricably tied to the development of the Western United States; water is the limiting factor in so many ways to settlement, to economic development, to prosperity, and to the environment and environmental preservation.
Can you talk about the difference between groundwater and surface water– and the policies that regulate each?
There are really two types of water when it comes to human consumption. There's surface water: that is the water that is transmitted by lakes, rivers, and streams. Then there is groundwater, and a substantial amount of water that Americans and the American West rely on is groundwater. That is water that is stored in groundwater aquifers, which are naturally occurring groundwater basins. Both groundwater and surface water are critical to the American West and its economy and its culture.
Traditionally a couple of things are important to note, first of all, water is finite. Second, water gets allocated in the Western United States generally at the state level. There's a limited federal role. Primarily, policy decisions about who gets how much water for what purpose are made state by state.
I think allocation is really interesting in that it's more state-level than federal. How was water and the allocation of water in California designed? Is it a public-private combination? What goes on in terms of the infrastructure of water?
Another very good question. The answer is it depends. Most of our water infrastructure is public in nature.
Again, in the American West, the regulation of water rights is generally done at the state level, but the federal government, historically, has a major water footprint in the American West because it has been federal dollars and federal design and management that really controlled much of the major water infrastructure in the American West — you know, Hoover Dam, and the complex system of dams and reservoirs on the Colorado River in California, with the Central Valley Project that was built and managed by the federal government with Shasta Dam on the upper Sacramento River as the centerpiece of that project. But we also have a California State Water Project, the key facility being the Oroville Dam and reservoir on the Southern River that is managed by state water managers. If we were starting over, that kind of parallel system would make no particular engineering or operational sense.
But, we are captive to our history.
And then you have these massive systems of aqueducts and canals that move water from one place to another throughout the American West. They are particularly responsible for moving water from surface water storage facilities to population centers. In the last 50 to 75 years, these population centers have really expanded dramatically, so you need massive infrastructure to deliver water from those storage facilities, the dams, and reservoirs, which generally are located in remote areas to the population centers. So it takes a lot of time and energy to transport the water, from where it is captured and stored to where it is needed for human use.
California has faced continuous drought – what measures is the state taking now to manage water?
Just to frame the issue a little bit — we have, as I mentioned, a growing population in the American Southwest at a time when the amount of available water is shrinking due to drought and due to the impacts of climate change. We have growing human demand for residential and commercial purposes and at the same time, we have a shrinking water supply. That is a huge looming crisis.
And it is beginning to play out in real-time. You see that playing out in real-time. For example, several different states and Mexico rely on Colorado River flows based on an allocation system that was created in the 1920s, which is overly optimistic about the amount of available water. From the 1920s until now, that water supply has decreased, and decreased, and decreased. Now you have interstate agreements, and in the case of Mexico, international agreements that allocate the finite Colorado river water supplies based on faulty, now obsolete, information. It is a real problem.
What measures do you take now, knowing this information?
If you look at the US Drought Monitor, it is obvious the problem is not limited to the Colorado River. We are in a mega-drought, so cutbacks are being imposed by federal and state water agencies to encourage agricultural, urban, and commercial water users to cut their water use and, and stretch finite supplies as much as possible through conservation efforts.
In California, we have the State Water Resources Control Board, the state water regulator in California, and they have issued curtailment orders. Meaning, they have told water rights holders, many of whom have had those water rights for over a hundred years, that, for the first time, the water that they feel they are entitled to, is not available. Local water districts are also issuing water conservation mandates; the San Francisco water department is doing that, in Los Angeles, the metropolitan water district, is urging urban users to curtail their efforts.
And then agriculture. Agricultural users — farmers and ranchers — have had to get water rights in many cases through the federal government, as the federal government is the operator of these water projects. They have contracts with water users, individual farmers, ranchers, or districts, and they are now issuing curtailment orders. They're saying, we know you contracted for X amount of water for this calendar year, but we are telling you because of the drought shortages we don't have that water to supply. Our reservoirs are low at Lake Shasta or at the Oroville Dam.
When you drive from San Francisco to LA on the five, you see a lot of signage from the agricultural farming community about water. There's apparently some frustration about this. What are the other options for them?
About 80% of all human consumed water goes to agriculture. That is by far the biggest component of water use, as opposed to 20% used for urban and commercial, and industrial purposes.
Over the years, ranchers and farmers, and agricultural water districts assumed that the water would always be there — as we all do.
And the farmers and ranchers have, in hindsight, exacerbated the problem by bringing more and more land into production. You see on those drives between San Francisco and Los Angeles, particularly in the San Joaquin Valley, all these orchards are being planted. Orchards are more lucrative crops than row crops — cotton, alfalfa, and rice. But, if you are growing a row crop, you can leave the land fallow in times of drought.
We don't have to plant. If the water stopped there, or if it's too expensive to get, it may make economic sense, but if you have an orchard or a vineyard it's a high value, those are high value crops, you don't have that operational flexibility and they need to be irrigated in wet years and in dry years. Now, you see these orchards, which were only planted a few years ago, are now being uprooted because the farmers realized that they don't have the water necessary to keep those vineyards and orchards alive. For ranchers, the same thing is true with their herds. They don’t have enough water for their livestock.
The water shortage has never been drier than it is right now. Farmers and ranchers are being deprived of water that they traditionally believed was theirs and they're very understandably, very unhappy about it. They see it as a threat to their livelihood and to the livelihood of the folks who work for them. Their anger and frustration are to be expected, but it's nobody's fault.
To say, as some farmers do, that it is mismanagement by state and federal government officials, I think is overly simplistic and misplaced in the face of a mega-drought. Everybody's going to have to sacrifice. Everybody's going to have to be more efficient in how they use water. All sectors are going to need to be more efficient with the water that does exist.
Looking at this percentage breakdown of water use – is it actually important for individual users to change their water habits?
Well, every little bit helps. When you're talking about homeowners, about 70% of urban water use is for outdoor irrigation. So we're talking parks and cemeteries and golf courses and folks' yards. You know, that used to be considered part of that American dream and the California dream — you would have a big lawn in front of your house and behind your house. Truth be told, that has never made much sense in an arid environment. That's where the water savings in urban areas is critical in the way it really involves aesthetics rather than critical human needs, like water for drinking and bathing and sanitation purposes. There is a growing movement away from big lawns, and away from the type of landscaping that you see in the Eastern US — there is no drought in the Eastern United States. As Hurricane Ida and other recent storms have shown, the problem is too much water, or rather than too little in most of the Eastern United States. So it really is a tale of two countries.
We just need to recognize that the American West is an arid region. It has always been an arid region, we can't make the desert bloom with water that doesn't exist. We need to be more efficient in how we allocate those water supplies. And it seems to me in an urban area, the best way to conserve and most effective way is to reduce urban landscaping, which is the major component of urban water use.
You also write about water markets and making them better – for those who don’t know, what is the water market?
Water markets, that is, the voluntary transfer of water between water users, is more robust in some other Western states. Again Arizona and New Mexico come to mind. California somewhat surprisingly is behind the curve. We are in the dark ages compared to other states. Water markets are kind of anecdotal. There is not much of a statewide system. It is done at the local level, through individual transactions without much oversight and without much transparency. And I have concerns about all of those things.
I believe conceptually watermarks are a way to stretch scarce, finite water resources to make water use more efficient. I can, for example, allow farmers or ranchers to sell water to urban uses or commercial usage or factories in times of drought.
Farmers sometimes can make more money by farming water, than they can by farming crops.
There are efficiencies to be gained here.
The problem in my view is really one of transparency. The water markets are not publicly regulated, and some of the people who are engaging in water transactions like it that way, frankly, they want to operate under the radar.
In my opinion, water markets need to be overseen by a public entity rather than private or nonprofit entities. We need oversight and transparency, so that folks like you and myself can follow the markets to see who's selling water to whom, for what purpose, and make sure that those water transfers serve the public interests and not just the private interests.
There have been a number of stories in the New York Times and the Wall Street Journal and the Salt Lake City Tribune about efforts in some parts to privatize water transfer. Hedge fund managers are buying and selling water, as a means of profiting. And it strikes me that when you're talking about an essential public resource — and in California, it is embedded in the law that public water is an inherently public resource, that water is owned by the public and it can be used for private purposes, but it is an inherently public resource — the idea of commoditizing water through the private, opaque markets is very troublesome to me. I think it represents a very dangerous trend and one that needs to be corrected and avoided.
Why is California so behind?
There's no good reason for it. It's largely inexplicable that since the state was created on September 9th, 1860, we've been fighting over water. In the 19th century, it was miners versus farmers ranchers. In the 20th century, with the growth of urban communities, the evolution of California into one of the most populous states with 40 million Californians, it has been a struggle between urban and agricultural uses of water.
In the second half of the 20th century, there was a recognition that some component of water had to be left in streams to protect ecosystems, landscape, and wildlife, including the threatened and endangered wildlife. That suggestion has made agricultural users in California angry. You will see those signs that allude to the idea that food and farming are more important than environmental values. I don't happen to believe that's true. I believe both are critically important to our society. But the advocates for the environment have a proverbial seat at the water table. So that's another demand for water allocation that exists.
Do you maintain optimism?
Yes. I think it's human nature to look on the bright side. I try to do that through research scholarships and teaching. There are models for how we can do this better in the United States. Israel and Saudi Arabia and Singapore are far more efficient with their water policies and efforts. Australia went through a severe megadrought. They came out of it a few years ago, but they used that opportunity to dramatically reform their water allocation systems. That's an additional model. I think most people would agree in hindsight that their previous system was antiquated, and not able to meet the challenges of climate change and the growing water shortage in some parts of the world.
Here in the United States, we can learn from those efforts. There are also some ways to expand the water supply. Desalination for one. Again, Singapore and Saudi Arabia have led the world in terms of removing the salt content from ocean water and increasing water supply that way. In Carlsbad, California, north of San Diego, we have the biggest desalination plant in the United States right now, and that is currently satisfying a significant component of the San Diego metropolitan areas’ water needs. It's more expensive than other water supplies, but the technology is getting more refined, so the cost of desalinated water is coming down at a time when other water supplies, due to shortages and the workings of the free market are going up.
At some point, they're going to meet or get closer. Unlike some of my environmental colleagues, I think desalination is an important part of the equation.
In a proposal that came up in the recall election, one of the candidates was talking about how we just need to build a canal from the Mississippi River to California to take care of all our problems. That ignores political problems associated with that effort, as well as the massive infrastructure costs that would be required to build and maintain a major aqueduct for 2000 miles from the Mississippi to California. That's just not going to happen. Some of those pie in the sky thoughts of how we expand the water supply, I think, are unrealistic.
interviews
An Interview with Jee Mee Kim, Principal at HR&A Advisors
by Jee Mee Kim
May 17, 2018
This interview with Jee Mee Kim, principal at HR&A Advisors, was conducted and condensed by frank news.
What is the role of an advisory firm in relation to government agencies, city planning, and architects? How do you fall in to that mix?
Our work is really focused on helping cities. Either at the level of a private developer or a land owner trying to figure out what they should build on their site or helping the mayor of the city determine how to create an economic revitalization strategy that will bring jobs and reinvigorate downtowns and position them for the next economy. So, it really varies.
We also have a lot of open space and transit projects. For open space projects in particular, we help clients think through creating a design that is respectful of the urban context and supports their vision and goals? We help clients think of ways to pay for upfront costs of construction and ongoing maintenance, often through real estate as a vehicle for funding.
We also help clients think through the political and community buy-in needed for a project of scale and impact . It boils down to bringing all of those different pieces and perspectives together to create and help shepherd a project along that both satisfies the public goals as well as private interest.
Which projects do you see as a passion?
I've been exposed to a lot of places that are not big cities. I've been a planner for almost 20 years and spent most of my time in New York. Recently I started to get projects in the Midwest. I've been spending a lot of time in Indiana which is having a bit of an economic boom. For example, Indianapolis is really thriving: Salesforce just located its second headquarters there.
There are so many small cities across the US that are thriving and doing really innovation, interesting things. And some of these cities are former Rust Belt cities that are reinventing themselves. As New Yorkers, big city dwellers, we tend to think we’re the center of the universe
These places that are in the middle of cornfields that have traditionally been very auto-centric. Maybe have a small Main Street, but these places are largely single detached homes with the yard and garage.
If they want to entice young people, professionals, and if they want to grow their population, they need to create places that are like the neighborhoods of New York.
As a consultant, I have the privilege of being able to travel across the country and see so many different types of projects. I love being able to share what I see and learn with my clients all over the country and even now in Saudi Arabia.
We keep hearing that young, expanding families are choosing to move out of New York to other cities, rather than to the suburbs.
I'm totally seeing that. I think places like Indianapolis and Pittsburgh, are realizing they have competitive edge because the quality of life is still pretty good. But the housing costs and the cost of living are so much lower.
They're trying to figure out, how do we create these amenitized communities that can really attract people who once lived in New York or Chicago or LA, and entice them to come to their cities? They're really making investments in their downtowns, parks, and waterfronts. That's really cool.
How do you see this playing out as a planner? What are your biggest concerns and hopes?
I think there's a running debate. I was just at a planning conference, and I was on a couple of panels talking about the future with autonomous vehicles.
The other scenario is that because you have broader and cheaper accessibility to AV technology, people will want to live even further out. We'll see greater sprawl. We'll see more cars and more driving.
Obviously, it's unknown right now. What I think is really positive is the move towards creating these downtowns. It's really heartening because a lot of these places, especially the Main Streets that we're looking at, those Main Street retailers have suffered over the past 30 years. The discussion you hear a lot is there's still a future for brick and mortar retail because people want to go to a store where they can have an experience. I think of Warby Parker, that revolutionized how you purchase glasses. I was in a Warby Parker and I said, "there's never a crowd like this at a LensCrafters."
I think that's what cities are embracing now, that they have assets they can take advantage of. I think on the optimistic side, with more people living in cities instead of living in these big sprawling suburbs, where you're driving everywhere, land value is tied to walkability. There are clear statistics that having access to transit, parks, and bikeable, pedestrian friendly streets, actually increases property values. It's this virtual cycle of what makes a great place.
That's heartening.
But the suburban revolution, is it really over? No, the suburbs are actually trying to figure out what to do now. How do we become relevant again?
What are your thoughts on loneliness? When you're driving your car alone there's loneliness, highways, loneliness, shopping online, loneliness. We're craving human interaction, and I wonder if this psychology factors into your work.
How people are experiencing technology is changing, social norms are changing, and so many people work from home. They work these off hours, and somebody could have made the case, well, we won't need offices anymore. But WeWork spaces and coworking spaces are so popular. People are willing to pay money to be surrounded by other people, even if they have nothing to do with the business that they're in. Maybe it is the loneliness. Being at home and working all day in your pajamas isn't all that interesting.
Secondly, people still thrive on the social interaction and the bumping into each other and sharing ideas and this notion of the agglomeration. There's a reason why institutions and hospitals are clustered together. Because of that bumping into each other.
As planners we always think about those spaces. There's a reason why public plazas are so popular. There's a reason why people are craving sidewalks, and bike lanes, and nice parks.
It's intrinsic to the human condition. Cars and the highway revolution took some of that away. There's still a place for it, I'm not going talk about it as someone who wants that one-acre lot with a yard. We should still provide options. I think if we can create better cities, it's going go a long way for everyone.
You're creating more vehicle miles, more travel - there's just more of an impact. Whereas you add a 10-story, 20-story tower in Manhattan, most of those people are going take transit or walk or bike.
In a past job, I worked on the Barclays Center Arena. People were freaking out. I worked on the transportation side and said, "well, you're putting an arena up. It's like Madison Square Garden on top of one of the best served transit hubs in the city." It's probably unprecedented to have an arena so well-served by transit. Would you rather have it here, over in some less dense location, where you're going have to create all this economic activity? We can guarantee a lot of people who come are not going to come by car.
Where does community come into that?
Well, that's the thing about planners, and this is where we can get more on the fuzzy side because so much of the work we do has to do with community engagement. In some cases, it's not just about notifying people that some project is happening. I would say 80% of the projects I do, there is some form of robust community engagement where you're getting people's feedback. I think the multidisciplinary folks I work with, generally are very attuned to recognizing the history of the community and recognizing the different tensions and dynamics of a place. What you're getting at is how do you deal when a neighborhood changes? When a neighborhood increases in value? Are you displacing people? What happens to the folks who can no longer afford to live there?
We've been spending more time in recent years, really thinking about how you do inclusive development and inclusive planning. How do you create more opportunities for affordable housing? How do you mitigate the impacts of just creating a place and only thinking about space? You have to think about the people. That is part and parcel of all of the projects we work on. How do you make sure that the economic and social benefits of a new investment, of a new project, of a new building, don't just serve one group? Especially in many communities, you have these historical neighborhoods that have always been underserved. How do you make sure those benefits occur to those folks?
What's one piece of technology you're really excited about that you think it going have a big impact on city planning?
I've learned a lot about autonomous vehicles recently. I think transportation has informed the way our cities look, has informed the way our communities look. I think we take so much transportation related stuff for granted.
The way we move is so important. New York is such an exciting place because it's easy to get from point A to B, barring New York City traffic issues. With new transportation coming online, it's going to change the way our places look. It's going to change behaviors. It's going to change economy. There's a lot of talk about what happens when trucks become autonomous? What happens to all those truck drivers? It has this ripple effect, and I don't think we really figured that out.
How did you come to this profession? What's your background?
Some people are fascinated with their cities as children, that's what they do. I always liked to draw. I went to school, and I got a BFA in Painting. I painted landscapes. I loved that. And then I got an American Studies degree at the same time, and I did a lot of research on immigration and cities. And then, when I was an undergrad, I got tired of naval gazing. That's what I called it. I got tired of being an artist. I became really active doing community organizing work, mostly in New York's Chinatown, doing tenant organizing, vendor organizing, youth development.
As I was working on a volunteer basis and having other jobs, I thought I should go to planning school because that's going make me be a better organizer. I felt like there were certain things we wanted from the city, but I didn't understand how you get to the actual implementation. When I went to planning school, I was set in my ways. I'm going to be in the nonprofit grassroots sector forever, and I graduated and I needed a job. And there was a small company called Sam Schwartz Engineering, and I thought I would stay there for a year because I needed work.
They had a marketing position. I didn't know anything about the business of consulting. I didn't know what marking did. I didn't know what engineers did. I just took the job. And then about 14 years later, I decided to leave.
I did all sorts of work from doing land use approvals in the city, environmental review, transportation planning projects, to building up a great network of people around me. And then I came to HR&A. A firm I worked with a lot in the past. I was always fascinated by economic development and real estate, and more recently on issues of resilience and dealing with the impact of climate change. So, I ended up here. It's just an interesting career, because you really do get to do so many different things, meet so many different people, and go to so many different communities.
As a consultant, I would say consulting is not for everyone. It can be a little crazy, and also, it's really a business, right? There are some down cycles that you have to muddle through, but then there's also intense moments where you get 10 jobs at once. I find it exciting because I don't think I could work on the same project for four years. A lot of learning, and I really like that.