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
Anti-Colonial Science & The Ubiquity of Plastic
by Max Liboiron
January 9, 2019
This interview with Dr. Max Liboiron was conducted and condensed by frank news. It took place December 4, 2018.
I'm Dr. Max Liboiron. I often introduce myself in Michif. So, I say, Taanishi. Max Liboiron dishinihkaashoon. Lac la biche, Treaty 6, d’oshchiin. Mtis naasyoon, niiya ni. Which means my name is Max Liboiron. I'm from Northern Alberta, treaty six territory, where I'm part of Mtis Nation, and I now live and work in Newfoundland and Labrador in Northeastern Canada.
I'm an environmental scientist and we do anti-colonial, feminist science – which means we draw a lot from the insights of the social sciences and also different traditional teachings and law, to inform our scientific practices. So that they are anti-colonial. So they are feminist. So that they do deal with questions of equity, questions of justice, questions of humility, and do work in a good way, as opposed to just an efficient way or a fact-y way.
Science, and research in general, has long played a role in colonial entitlement to land, both in proving that people deserve to be dispossessed in being the reason for research – we need to research tropical diseases so we can better settle in this tropical place, not our environment. Or, how do we patent different botanies? A lot of those legacies have stayed in science and aren't usually noticed anymore.
They used to be fairly contested, especially when science was trying to move into new places or when race was being scientized. But now people seem to have forgotten about that legacy. So our task at CLEAR, my lab, is to first of all recognize how science is already colonial, and then number two, work very hard to do the practices of science in ways that do not reproduce entitlement to land or universalism, which is actually just self portraiture of Europeans usually. The idea of mastery over nature, or that nature is a resource for use.
Courtesy of: Bojan Furst.
Every moment of science has these sort of legacies. There's lots and lots and lots of room for doing anti-colonial science and feminist science. Those are different things, but they're related in that they both find that science isn't neutral. It is deeply political.
Courtesy of: Max Liboiron. Plastics wrapped around a squid beak found in a Northern Fulmar. 2015
The presentation of your research, visually, is patient, subtle, pretty – completely different from the majority of images I see related to plastics research. Can you talk about the work you’re doing right now?
I'll start with the premise of that, which is that we, I think, look at plastic very differently than a lot of the dominant discourses. Like you said, a lot of the dominant discourse about plastic is that plastic is inherently bad, and it's a bastard child of industrialization, and it needs to be eradicated, and illegalized, and banned, and exorcized.
But also plastic is our kin, it's our relation. It's from ancestors – organic ancestors from a long time ago. And if you neglect your relations to that, then you're bad kin. Even when plastic is misbehaving, which means it's being bad kin, you can still do good kinship with bad kin. And you know this. You have an asshole uncle somewhere. He might be bad kin but you still call him on his birthday, or bail him out of jail depending on what kind of bad kin he is. The same thing is true of plastics. I spend a lot of time with plastics. I do a lot of care work for plastics. I make sure that they are cleaned properly and I look at them a long time, and when I look at them, and I look at them in aggregate, I learn things about where they've been, and how they might have got there, and what their journeys might have been like, and where they might be going, because they're going to go for a long time.
We hang out together a lot, and they have a lot to teach us. Trying to ostracize them as the only sort of relation you can get, misses a lot of teachings that they have for us and also a lot of the respect. Because they are made of the earth. They've been pulverized in various ways so that they're not very earthy anymore, but you still have to respect that.
There's a tension with that in that the research that I do is mostly ingestion studies. Animals that have eaten plastics. Mostly what we focus on are animals that people, especially in Newfoundland & Labrador, use for food, depend on for food. For cultural sustenance, for nutritional sustenance, for economic sustenance. So the contamination of that food web is a form of colonialism. It's based on the idea that land is pollutable in the first place, that it is an okay place to put wastes. And magically, not magically, it's through different power structures, those tend to accumulate in rural, Indigenous, northern communities, which are never the places that benefit from plastic production. Almost never, but pretty much never.
At the moment, we’re doing some ducks, cod, seal, some geese. We get them mostly from hunters and fishers. We have a rule in the lab, all of our samples have to be eaten because what we test is food. We don't test oceans or some abstract fish, we work on food sovereignty. That means we sample food.
Are you consuming it?
Often.
Is that difficulte after seeing what's inside of it?
No. It's delicious. In the area we're researching, we do find plastic, but we also find them in smaller numbers than we find them in other places. Up in the north, we're fluent in things like the breast milk debate. In the 90's there were these big debates where scientists found really high PCBs in breast milk, and there was this huge protracted debate as to whether or not mothers could be considered abusive for feeding their kids that breast milk. A lot of stigmatization, ostracization, really screwed up relations within science. It turns out after multiple years, scientists decided, and medical practitioners decided, that actually, it's better to feed your kids contaminated breast milk than it is to feed them formula for their entire lives.
That being said, we have some of the least contaminated food in the world at this moment. Maybe not going to stay that way, but we consistently find lower ingestion rates in say, cod or ducks, than in other places. Part of that is the water that surrounds the province that I work in comes from the Arctic. There are certainly plastics in the Arctic, and that number is increasing, but it's not like the Gulf Stream which is filthy, where a lot of people get their fish.
Courtesy of: Max Liboiron
What state is the plastic in when you find it in animals?
The vast majority of what we find are microplastics, smaller than five millimeters, that are fragmented from larger things. You can't usually tell what they're from. Most people don't eat the guts of animals, so we don't usually ingest those plastics. There are some exceptions. People here eat seal intestine, and if you eat the fish called capelin or sardines, you eat the entire animal.
The concern that we have is that we know plastics absorb oily chemicals. Like when you have your tupperware that's stained orange from your chile or your curry, that's because plastics is really good at sucking in oily chemicals. If you want to wash that orange color out, which is really hard, you would put it in hot, abrasic, acidic conditions, like a stomach.
My dogs eat plastic everyday and there's no crisis of the dog species. Most dogs eat plastic.
The albatross on Midway Island, Chris Jordan's photographs, drive me crazy because those birds did not die of plastics. In fact, albatross are one of the only marine bird species in the world that is increasing in population and range. They are the healthiest bird species literally in the world. Albatross die a lot because they're what's called an R-species. They live a really long time and have a baby every year, and the vast majority of those babies die. While those babies are dying and starving, they eat a lot of things that aren't food, including plastics. When you find an albatross that's dead with plastics in its belly, the incorrect assumption is that it died because of plastics, not because it was dying and thus ate plastics.
That’s a revelation & also cause for pause about what we’re panicking about.
I think we need to be concerned, but differently than we're currently concerned.
Right.
We're really concerned about objects that are plastics, and that is a concern. But more concerning are all the chemicals that originate in plastics and get absorbed by plastics, many of whom are built by the same industry. The petrochemical industry makes plastics, makes gas, makes plasticizers, makes fragrances, makes flame retardants. Those are the same companies. Those are the same set of products. And the plastic parts are like the vehicles or the vectors, and that's not great, especially because it assumes disposability and therefore access to land, which is a form of colonialism, to dispose of. But the health concern is really these chemicals.
Are you optimistic about the future of plastics? In our ability to innovate, or participate in change?
No, because I don't believe in end of pipe solutions. At all. And that's because I fully understand the scale of plastics. It's like trying to bail out a boat, but you haven't plugged the hole that's sinking the boat.
How about if we stop top of pipe? How about if we stop the production of disposable and ubiquitous plastics? People like GAIA, or Break Free From Plastics, which are these large coalitions that not coincidentally are global coalitions with a lot of people from the global south in them, those are the groups that are like, screw your end of pipe, because they're the end of the pipe. They're where American corporations are building their incinerators. They’re where the people are shipping their recycling to. And they're like no, these solutions clearly don't work. They just defer and shuffle the problem.
What you need to do is stop the pipe. That's what I believe in. This isn't a technological problem, this is a problem rooted in colonialism that assumes you get access to other people's land for your solutions, whether it's storing your pollution or your recycling or whatever. I'm really interested in things like China's recycling ban, which ripped a hole in the world's recycling program because the entire world's recycling programs depended on the idea that things went away, and away was China.
People are looking for other ways. They're like oh, let’s ship our recycling to other places in Southeast Asia. Oh, Vietnam. And you're like, no, no. China taught us something, folks. What it taught you was you're going to run out of aways, and your aways are going to get tired of you, and folks in Malaysia right now are fighting, fighting, fighting not to be the next away. That's colonialism. That's just waste colonialism. That's just the newest frontier in waste colonialism.
If I'm going to put my optimism somewhere and my change making somewhere, it's in that. It's in people being like no, I'm not going to be your away. Go find your own god damn away. Once we run out of that, or once we take ownership of that – when I say we, I mean industrialized nations mostly. I don't believe in most narratives of “we” because they make it sound like consumers can do something. If you live in Newfoundland, even if you live in other places, there's one fucking store. There's no such thing as consumerism or consumer choice. Reuse is already to the nines because there aren't a lot of resources. So all of the...banning straws? There are no straws.
The straw thing put me over the edge!
A lot of the common discourses make zero sense in the north. It's a handy barometer when someone's like, this is a solution! And you just sort of look around and you say no, not possible. Moving on. Really helps you scale and prioritize the types of things that might work.
What is the alternative to our dependency on mass produced plastics?
The alternatives would mostly come from industry. The number one product category for plastics is packaging. It's not more than half, but it's the largest chunk. Most of that packaging has been necessary only since the 50's. That's living memory. We could circulate goods in ways we remember from living memory differently than totally packaged in plastic. Yeah. They circulate differently. They don't circulate as far. It just means you have different distribution systems. The problem is that oil has just reinvested in plastics big time. Eight months ago they invested more money than they put in the last few years into new plastic production. So that's their call, right?
Why are they re-upping their investment?
I don't know. There was no discussion of why this, like why plastics? I do know, and I have studied historically the reason that plastics and plastic packaging in particular is so attractive to industry is because it is so cheap and it is so easy to turn a profit off of. Part of that is disposability. The fact that you don't have to be responsible for the end of life of your product. Some other country, someone else's land takes care of that for you. It's a huge cost savings compared to other things that are possible.
That's deeply upsetting.
It is. That's why any conversation about plastic, if it also doesn't talk about power, it's missed the boat. If it talks about individual agency and consumers, and it talks about empowerment but not power, it's actually missed the entire structure of plastic production and pollution.
Do you think large government policy can be effective in altering our use of plastic?
Yeah. If government stops subsidizing oil. I look for these things that are not the expected things, like China saying no. Or someone being like, no more corn. No more subsidizing corn for alternative plastic stocks, which makes plastic just like plastic. These unexpected things, because plastic is so dependent on these really extensive networks. Transportation, extraction, production, disposability.
Are more people understanding the relationship and connectedness between plastic and industry?
I don't know about more people, but I do think that key people do. Some of these international global coalitions, get it. A few key scientists get it. The Story of Stuff pretty much gets it. GAIA gets it. Teen Vogue gets it! These folks who have moved away from the end of pipeline story and the recycling story and the five small steps story, and have considered or deeply know power structures. That's increasing, a lot.
I've been working on plastic pollution since before it was cool, and the story has shifted significantly. The recycling and five small things continues to proliferate on its little treadmill, but there's now a lot more variety than there ever has before, especially as people are like holy shit, car tires. Holy shit, clothes. Holy shit. Those are things where you can’t just make a little shift because of their massive infrastructural ubiquity. People are starting to understand scale. Key people are starting to understand scale. Yeah. So that's nice.
How do you work to eliminate plastics but also acknowledge those who will likely become more disenfranchised by a rising cost of plastic, primarily medical items, that are dependent on plastics?
I work with folks who are at the periphery who aren't getting benefits. People who hunt and fish and need that food for all sorts of reasons. The thing is, if you think about anyone who needs plastic medical equipment – medical waste is different than packaging waste. I don't want a pacemaker that's not plastic. First of all, it's not possible. Second of all, I want my fucking pacemaker. But the thing is, there's ways to do that that is not about mass production, that is not about releasing and patenting and circulating chemicals that haven't been tested properly.
The problem isn't plastics. There are natural plastics. There are polymers that decay.
That's the problem. This idea that you either have to ban it all or take it all, you're like no. Those are not the only two things available. And I know this because I live in the fucking north. Concepts of ubiquity don't really work here. The all or nothing doesn't work in a lot of places, and that's obvious.
What would a local plastic economy look like? Huh. No one’s ever asked that question really. If you had to own the plastics, own the extraction of those plastics, own the chemicals that go in the plastics and the extraction of those chemicals, I bet your plastics would look a lot different. I bet you wouldn't have packaging. I bet you wouldn't have BPA. I bet you'd just move to something else half the time. And I bet you'd have plastic pacemakers.