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
In Conversation with Joe Paul Jr. Part One
by Joe Paul Jr.
June 6, 2018
This interview with Joe Paul Jr., the Vocational Services Administrator at SHIELDS for Families, was conducted and condensed by frank news. It took place May 23, 2018. This is part one of an ongoing conversation between frank and Joe Paul Jr.
How did you find yourself here, working at SHIELDS for Families?
Alright. I’m a formerly incarcerated person, E-22-8-4-2. I went to California State Prison. Sentenced June 22, 1989 for voluntary manslaughter; it was a drug related murder. I came home December 2, 1992 and that whole experience was the transforming moment of my life. Prison literally saved my life with no cliché. I found myself, I found the initial portion of my identity in that place. I recognized how disenfranchised my people, black men, were at that moment in time, and Latino men too. How blind we were to this deterioration we were in the middle of. I had the moral guilt that somebody died as a result of actions I was involved with. The converging of all these circumstances put me in this place where I said, "every day in my life moving forward I will do something to make a difference in improving the quality of life not only for myself and my family, but for the people around me –my community" – I was 24 years old when I came home. I'm 49 years old now and I've lived up to every single promise in terms of making sure that every day I'm doing something to improve the state and quality of our community.
I've always been involved from the time I came home with some sort of volunteerism. Typically this has been around church, supporting ministries in the African-American communities in South LA; I still do that to this very day. Not only do I work here at SHIELDS For Families as the Vocational Service Administrator for all of our adult programs, in the sidebar we have about 38 programs; we're a 25-million-dollar non-profit operation.
I've been here for the last six years. This is a twenty-seven-year-old organization that evolved out of the crack epidemic and everything subsequent to that.
In that last 10 years, I've been challenged in the field of nonprofit work to take on this issue of mass incarceration. When I first got into this field from a workforce development professionals point of view, I came into it at the precipice of the mortgage meltdown and then the Great Recession. At the same exact time California was in the throes of this three judge panel that told Schwarzenegger, and ultimately Jerry Brown, that you got too many people in prison. This is a constitutional violation, it’s cruel and unusual punishment: You're not providing adequate healthcare, you're not providing adequate mental health, you're not providing adequate housing. You've got to drop the population in prison. The advent of Assembly Bill 109, a reform bill around changing the status of felons from the traditional prison felony to now this county jail felony thing. We went through all of this transition and watched the subsequent reform bills along with it.
We were working in that climate, and now I feel like a veteran because we're in one of the most robust economies we've been in in a long time. There's construction across the whole state. There’s opportunities for people to relatively make living wage jobs with very little skills or education, and we still are at a crisis level when it comes to social dynamic. That's what keeps me moving and thinking about policy and legislation, and really closing the gaps where they've been created. Even with the best intentions we couldn't foresee the collateral consequences as a result of the effort that we saw the need for at that time. That's the front we're working on now.
What were the collateral consequences of that work?
I'll give you an example around a very salient point, and that's "Ban the Box". Ban the Box is the policy and intention to remove the question of: "Have you been convicted of a felony?", from employment applications. It was a foreign notion in L.A. and in California ten years ago; we were fighting for it. Now, we have statewide laws, we have one of the most robust Ban the Box laws in the whole country right here in L.A.
We didn't close the gap on how do you sell yourself and verify your work experience the way everyone else is going to? A very well intended, hard fought victory, to get the boxes removed, but now that the box is removed, these other complications are exposing themselves that we don't have a remedy for. On the CDCR, the Department of Corrections and Parole side, unless you have a very motivated parole agent, they're not going to focus on the employment verification for this dude who just spent 20 years in prison. All of his work experience, although credible, although valuable, although more qualified than someone else, won’t be provable. We’re working on that now.
What about extended and collateral consequences in the community?
2018 is midterms for the feds, it's statewide election, we're electing a governor in California, in L.A. we're electing the sheriff. You have 30 percent of the incarcerated population returning to L.A. County, and a huge percentage of that group coming to the city of L.A. Those who've been formerly incarcerated, and are felons and think that they're disenfranchised still, think they can't go to the polls and vote. If you're already a minority group, where it takes everybody's voice to stand up and say we agree with this piece of legislation, or we want this elected candidate in office, and everybody showed up without any restrictions, we still would have a challenge electing somebody.
You don't even scratch the surface of what change looks like. Those are blind consequences to the effect of mass incarceration on communities of color, and these disenfranchised communities like South Los Angeles.
For the last 20 years let's say, the police department, the DA, all of these different government bureaucratic systems, are more willing to work with you as the voice of the community, but the communities themselves are not so open to them.
What does that relationship look like right now?
It's almost like the community is saying, ‘too little too late’. It's like, ‘we were ready to work with you after the riots. We were ready to engage healthy dialogue after Rodney King’. We go through all of that, and not only do we have to suffer through the consequences of that experience, but then you put gang injunctions on our communities and the police come in and terrorize community members and criminalize innocent people inadvertently, and call them gang members. And then the criminal system puts enhancements on charges because now we label innocent people who weren't gang members as gang members and, yeah they sold drugs, or maybe they got caught with a gun, whatever the case may have been, but now I'm labeled a gang member because I grew up in this community and I get an extra five or six years on top of a sentence? These mothers are saying he's not a gang member, and he’s saying I'm not in it — you create this distrust. To the point where we don't want to deal with you.
The community is not in a place where they have been as forgiving as others. My position is, I wish that we – I hear Rodney King in the back of my head: "Can we all just get along?"
Right now the community is playing the biggest part of the problem in my opinion. A murder may happen in the community and the community itself knows exactly who did it, the detectives are doing this full blown investigation with no leads and nobody is saying anything. If you have individuals who consistently find themselves in a place where there's no consequence to their behavior because of the street code, or the community is intimidated by the perpetrator, whatever the case may be, we only end up hurting ourselves. We have to find a balance between those two extremes right now.
What allows you to trust government institutions after your own experience in the system?
And it doesn't take a whole lot. A few years ago, 2012, we worked closely with the sheriff's department and the county Registrar's office with our inmate voter registration. There were approximately 20,000 folks incarcerated in the county jail system at that time. We registered approximately 1,200, 1,250 folks. We didn't hit 10 percent of the total population for a lot of reasons. I felt we didn't do the best job we could. County Board of Supervisors, City Council people elected from the state touted the effort. "Oh my God, look what you guys did!" About 900 of those folks cast their ballot in custody. I've come to realize 900 additional votes could swing an election. I didn’t know it at the time. What I've learned is that we can mobilize and demonstrate that we can do this with intention, and purpose, and have a lot of weight in the power we bring to the table.
You got the power to say “nah not to you, you, but not you". If we all come together, they have to come to us to have a conversation, to get our opinion on what best practice looks like if they're elected. It's been like herding cats to get people into a place to see this potential power. It's apathy. It's almost too little too late. If you had asked it of us ten years ago, maybe, but we don't hear it now. You hear I don't care. Even if it hurts me to avoid this opportunity
Are you optimistic?
I am. You've got to be! I mean there's a verse of Bible that says a living dog is better than a dead lion. As long as we're alive there's hope.
I'm tired of going to funerals; I'm tired of burying kids. I'm tired of visiting domestic violence programs where women are abused simply because of the residual trauma and anger that community members have that are displaced.
I made a commitment as I said in the beginning, that I'm going to do my best to serve my community as long as I'm alive. I see no victory to believe. I'm a firm believer in the word of God that says a little leaven leavens the whole lump. So we can have a little bit, and sustain that little bit, it has the potential to grow into something bigger. I feel I've got other partners across the state who have a similar idea that we're not done yet. I do have optimism towards it.