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
A Rose In Harlem
by frank
November 18, 2018
This interview with the students of The Young Women's Leadership School of East Harlem was conducted and condensed by frank news.
From left to right: LaShay Fernandez, Morgan Carter, Javeria Amir, and Fargana Alden.
Morgan: Right now, we're learning about how to take an issue that we feel passionate about and see how we can impact our local government - legislative, the mayors, governors. To see how we can change the issue, or see if we can get more engagement so people will pay attention. The issue we all picked was sexual assault in schools, from colleges, middle schools, high schools...
Why did you choose that?
Morgan: At first, it was separated for a week. Some people wanted to do education and the other side wanted to do sexual assault. We were debating for a week or two and none of us wanted to do it together, and then eventually we just had to decide - why don't we just put them together? Now we're doing sexual assault in schools. And how education and money affects why we don't have sex ed.
That's amazing.
Javeria: There's this thing that there's enough about raising awareness for it. It's time for us to take action and the way we can take action is contacting our local office members rather than just going for the governor or the president. We're saying oh my god the President's doing this and what are we doing? We know we can't directly affect what the President is doing himself, but we can work at a local level which is what we're going to do now.
Who are your local officials?
Javeria: Our mayor and our city council members. We would start contacting them rather than the governor.
LaShay: We did a whole thing where we sat down with people in our neighborhood or district to look up all our local members and see what they're doing and see if they're good. We looked them up and really tried to see if our representatives are everyman or superman. To see how much of our representation is actually what we want, or actually accurately depicts the people that are there - us.
What's the conversation around sexual assault? What are the things you want to see done and what are the sort of modes of getting those things done?
Morgan: Today we learned about root causes and systemic causes. We're starting in elementary schools and high schools. People have sex ed, but we realized that a lot of the problem is that people don't actually know what counts as sexual assault. No one has consent classes. You can't just start at high school, because by that time a lot of people are already having sex. We said that maybe we could start with 7th and 8th graders and give them sexual education - maybe not assault, but basic knowledge so that later on they can know - this is what we do, this is how this works.
LaShay: It's very hard because since people are so young and it's such a fragile thing even though yeah, you should learn about it, we're also talking about different ways to tackle the situation. Instead of just saying "consent" and just straight talking about sex with 12 year olds, it's using different methods. There's this video that a college made about tea and offering people tea and it's really weird, but it really pushes the message of consent and not forcing people to do what they don't want to do.
Fargana: To add on, some parents don't have a lot of knowledge on sexual assault or how to to keep safe, or they feel uncomfortable talking about it. For us to teach kids at a young age about safe sex and just making sure everyone's using protection, what no means if someone is saying no to sexual intercourse. It's very important for us, and also since we are young teens, it'll be easier to talk to students because we're in the same generation in a way. We would just be considered like their older sister, we'll have that bond if they ever need something, we can help them out.
Are you learning about how to communicate with your representatives directly? How can you make sure your voice is heard outside of the classroom?
Javeria: We haven't gotten to that point yet. We're trying to figure out what part of the issues are we focusing on, what are the factors that are leading to such issues, and once we have those down, then we can go and be like this is what's wrong with our system, and this is what we have to fix. Once we get that correctly done, then we'll be approaching them, but we haven't learned how to do that yet.
Morgan: It's hard because sex ed is like - a lot of parents don't want their kids learning about that and it's not just girls, it's boys that have to learn about it, too. It's kind of hard knowing exactly what we want them to do because it's often a societal thing. It's hard for them to say, oh we want a rule against this. You have to make something specific.
Do you guys feel empowered by the class?
LaShay: Yes, I was just talking to a friend about it today because I think a lot of times we sit in our class, and especially going to TWYLS, we talk about this stuff, like since freshman year we've been talking about this stuff, and it's such a big issue and we always talk about it, but we never talk about what we're going to do about it. And I think sometimes when you're just in your little city, you think this is huge and this is happening in the government and I can't do anything about it.
Even if you're starting small, it's a ripple effect. I think that's what the class has really done for me. I can do stuff, even if it's really small, it's important.
Javeria: People talk a lot and they don't do anything about it. We have a social justice club and I feel like that has empowered us in general and then having Generation Citizen - being able to take action now, instead of just talking about it. What should we do? I feel like it's a wonderful opportunity for us to have.
Fargana: In addition, compared to other schools, TYWLS really prepares you. We're really thankful to be offered Generation Citizen because in other schools, again, they would talk about it - or not even, the topic wouldn't even come up in their conversations - it would just be ignored rather than at least being talked about it and seeing different ways how we can help. For us to talk about it and see how we can fight as young teens, it really impacts us.
Can you tell us more about the social justice club?
Javeria: The social justice club is led by Jessica Taylor, our 10th grade global history teacher. In that club, anyone - I think it's mostly high schoolers - can come in the beginning of the year, we focus on an issue and advocate for the issue we think is affecting our community right now. We're in 10th grade and we raised some funds for the Syrian refugees, that was around $500 by doing food sales. It's just the little things we're doing. We're seeing what current issues are affecting the people around us. It's giving back and even though our school doesn't have that much, we're trying to take initiative.
Fargana: We donated a bunch of toiletries to a women's shelter as well. Every year we would do something - I think of it as a main project and then a mini project. So the mini things are some local things - like donate toiletries, donate money, and then our main project is what all of us are mainly focused on and how we can help.
That's amazing. Have you guys learned about civics anywhere other than Generation Citizen?
Morgan: I think some of us learn it at home, but in school, other than government or AP US History, not a lot. I think as a whole, they always push us to change something or if you feel something, talk about it, try to change it so not directly, but I think that we all get encouraged throughout our years of being here to try to change something.
Javeria: Our government class is coming senior year, it's important, but other than that we're not used to having that - what policies are, how they're made. It's senior year and Generation Citizen. For me, even if we're in AP Government, you're getting that in senior year which is a little late, but.
How early do you think civics should start?
Javeria: I feel like middle school. They're going into that 9th grade year where they're like we're going to be like high school, and they're already empowered so you might as well give them another boost.
Fargana: Yeah, it would really impact a person if you're starting in middle school. It would be perfect to teach them about the government issues and who's your local representative, what does it mean? Then when you're in high school, as the years go by, you'll have more knowledge. Each grade, we can all come together and create a bond within us and be able to go out and do something. For seniors, since we're capable of doing it, we can continue it in college and teach others that really didn't have this opportunity when we were in high school.
Are any of you about to be 18?
Yes, yes.
Are you planning on voting?
Javeria: Yes! I was going to say that. Us turning 18 - I feel like this is encouraging me at least to vote. That's one of the ways my voice can be heard, so why not? I feel like that's part of the issue. We need to tell them - yeah, voting may seem like your voice is not heard at all, but we're the people and you're one person so we need all the people to make that voice be heard, so vote, please.
Are you excited to vote?
Javeria: Yes, I'm really excited. I've been waiting. I've been waiting to turn 18 so I can vote.
LaShay: I think it's so funny that she's acting like that because my parents don't vote and it's really weird. I'm always like why don't you vote? "Well it's not gonna matter." I'm really glad I took this class because you're influenced by your political socialization - you're influenced by the people that you're around, and you inherit these ideas and you're kind of conditioned to believe this one thing and I think before I came to TYWLS, I kind of did have that mindset of well, I can't make a change, I'm one person. I'm so excited to vote now and it's so weird because before I didn't think it would matter.
Fargana: I don't turn 18 until another year, my parents are immigrants - they're both US citizens - so it's for them, the only main election they worry about is presidential because that's the big one, but I feel like now that I have more knowledge on this, I'm literally waking my mom up early so she can come with me to go vote. Well, for her to vote, I'm just gonna be there making sure she's there.
Morgan: I'm the exact opposite. It's weird because my mom has always been - my mom is the kind of person, even if she doesn't like anybody on the ballot, she'll still vote. She's always told me to pay attention to what's going on and vote. And I was always just like, I don't really care, but I think Generation Citizen has made me really want to do something now because every single thing counts. I kind of wish, like a lot of things, that we would've learned it in middle school.
I think the problem is we underestimate young people. They think they're not old enough to understand it. When a lot of times, the middle schoolers know more than you think they do. Like a lot more. And I think that they need to start encouraging them and teaching them because I feel like 11th graders and 12th graders, we're about to leave, there's no point. I feel like if I would've heard it in 8th grade, maybe I would want to vote more. I can change a lot more things than I thought I could have.
Never underestimate the youth.