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 Anika Manzoor
by Anika Manzoor
September 10, 2018
Tatti: Would you start by telling me a bit about your activist history?
Anika: The thing about my activist history is the fact that I didn't really go out seeking activist opportunities. I didn't really know much about it. My family's from Bangladesh. When I first visited Bangladesh I had this revelation of what injustice looks like, because it's a very stratified country in terms of income and poverty. I think I had that kind of burgeoning sense of justice, but I didn't know how, I wasn't thinking about, "Oh, we need to ...". I didn't know that I could even do anything about it.
Four years after that experience, I had been invited to this awareness raising session in my community. My friend invited me and told me about the lack of girls education in developing countries, and how Bangladesh is one of the countries that needed the most action on this issue. That piqued my interest. At the end of it we were invited by the woman who led it to join her in creating a campaign to address the issue. All of it really was the fact that I was invited, rather than I was seeking out that kind of opportunity. I think that's really important. What we focus on with this activism project is trying to invite people, trying to bring people into the fold, because that allows us to reach a lot more people than we would have, and kind of activate people to join this global effort to bring justice in communities.
I was 12 years old when I got involved, and then stayed involved throughout middle school and high school.
Then we also set up a scholarship program in Mali, Africa, and did various fundraising activities. That was kind of the extent of our activism. I engaged in that throughout middle school and high school. Then in college I still stayed involved with School Girls Unite.
During college I realized that being part of School Girls Unite was such a transformative experience for me. That kind of empowerment through activism is something that I wanted to share with other people who were like me, who understood these global injustices, but didn't really know how to get started. That became my mission, and evolved over the past couple of years until I decided to go back to the Youth Activism Project and work with Wendy to scale our efforts.
Tatti: What do you find most effective for bringing about change through activism?
Anika: That's an interesting question because I think it's actually a lot easier than what people think. This policy advocacy focus has been our bread and butter for the last 14 years. We're currently working on this guide. Our goal is to really provide accessible tools for young people to know how to engage in these processes. In that guide we pretty much provide concrete steps about where you can look for your local, state, and federal representatives. How do you know who they are? How do you know what kind of issues they're working on? Then how can you enter those spaces? What is the best way to position yourself?
We go through all of that, and it's really not that complicated. You just have to know where to look and what to say. Meeting with decision makers is something, in my experience, that has been incredibly empowering for me. We focus on that in terms of a key aspect.
We encourage people to explore a variety of tactics. We focus on policy advocacy, and there's a demand for that as well. Young people want to engage in that kind of activism. Protests are always a great way to rally support and bring about awareness of an issue. We really emphasize arts advocacy. We emphasize other ways to reach out to your decision makers, like doing a postcard writing campaign. We encourage our youth activists to think outside the box when it comes to their advocacy, because they want to be noticed. We're really supportive of the wide gamut of activist strategies.
In terms of what might not be as effective, I think people give a lot of flack to this whole idea of slactivism and internet activism. But I think there's also a purpose for that as well. There's a purpose for a viral hashtag. The internet is a great way to mobilize people for your cause. It's just, you definitely need to build upon social media tools. You can't just rely on that to do activism. That is definitely something that we firmly feel.
Tatti: It's so easy to participate now because of social media, but that also means that those with the largest voices aren't always those who are most informed. Can that be detrimental to a cause?
Anika: That's definitely something to watch out for, but I wouldn't want to say that it totally invalidates the use of the internet and social media as a tool to kind of promote awareness and bring people to the cause. I think it's something that seasoned activists should watch out for and combat. But I think there's so much good that comes out from using social media and the internet that it's definitely not an argument to not use it.
It's fruitless to say that people shouldn't use social media, because it's such an integral part of our lives now that people are always going to get on their soapbox on Facebook or Instagram or Twitter or whatever preferred platform. It's sort of this beast that we can't really ignore. We have to figure out how to guardrail against the negative aspects of activism as it relates to social media.
Tatti: Why is youth is so important to you? Why is that the group you decided to commit to and empower?
Anika: There's a lot of reasons for that. The first thing that comes to my mind is the individual empowerment. We focus on adolescents specifically. Youth is often used as this umbrella term to talk about people from childhood to early adulthood, and even kind of people reaching 30, which I think is pretty firmly adulthood. But somehow that's still youth.
Adolescence is such a tricky time. Not just in the United States, but around the world. There are so many pressures for young people to be a certain way. They're really coming into their selves during this time. Activism for me was this incredible outlet. It was so crucial for my development as a human being, and protected me from a lot of dumb things that affect the lives of young people. Like, "Oh. Am I liked enough?". All these anxieties that young people have. I was focused on something way beyond that through my activism. That kind of helped me, there was a higher purpose for me because I was engaged in this kind of work. I think that was just so powerful.
That's my primary motivating factor. Sharing that with other people who might not have access to it. Then of course the reason why it's so empowering is because you are actually producing change in your community. You're being a leader in your community and in your world. Young people are incredible activists. They bring a lot of assets to the whole activist world. They're idealistic. They're creative. They don't think like adults, so they're not as jaded or as confined by expectation. I think they have a little bit more flexibility to think outside the box, and command attention, because at least at this point it's not common. As an organization we want to change that. We want to make this common.
I think providing something really meaningful to this space is another reason why we focus so much on the adolescent group.
Then finally, these are our future voters. I think the biggest thing that we need to focus on is preparing them to be engaged citizens as they exercise their right to vote as they continue into adulthood. We believe that naturally, if you are exposed to these kinds of values and practices as a young person, it will inevitably continue on into your adulthood. We're living in a time when the rate of voting and engaging in political participation is at a global decline. We need to fix that for this rising generation.