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
On Climate Security
by Hannah Teicher
April 17, 2019
How did the path you're on now begin?
By 2014, things had transitioned in the sustainability field towards an emphasis on climate change. I did a project looking at how the real estate industry in Boston was adapting, or if they were, because it seemed like city governments weren't doing enough. And it seemed like real estate companies should have major vested interest in doing something.
They seemed to be doing something, but still just the bare minimum, the low hanging fruit, and mostly disaster response or disaster preparedness.
I was lucky to see an ad for the Dutch Dialogues in Norfolk, Virginia.
Why is it called the Dutch Dialogues?
bringing Dutch experts to U.S. cities. It was started in New Orleans after Hurricane Katrina by a big architecture and urban planning firm down there, Waggonner and Ball, that has led flood infrastructure projects since then. They had been looking at the Dutch example, and began this workshop process to bring Dutch and local experts together. To think about how you could address flooding in a more innovative and integrated way— and a way that wasn't necessarily typical of American design.
They replicated the process in Norfolk, because Norfolk is also one of the cities on the East Coast that is very vulnerable to sea-level rise. I went and it was a really interesting process. I was somewhat critical of the design approach, it was a little bit facile and convenient at times.
Right.
It's not that easy to turn a street into a canal.
So that's what really got me interested in the intersection of the defense presence and climate change. That's how I came to the topic I'm looking at in my dissertation.
Which is?
Urban defense collaborations for adaptation to climate change.
So, the Department of Defense and climate change.
Yeah. It's a tricky topic because I'm always concerned that people will see me as somehow being pro-military by looking at this but that's -
The idea that studying the military is in any way advocating for the military is ridiculous.
Ok, they are a hugely powerful institution in American society and they have a huge amount of money at their disposal. I wondered to what extent that could be a resource, and whether communities could leverage a military presence for adaptation.
And what's the conclusion been?
So far, I think there's a qualifying yes. It's one avenue that cities can take. New York City has Wall Street, other cities have other resources. This is one way some smaller cities, secondary and tertiary cities, might be able to get access to more dollars and federal resources. In Norfolk right now, there are several joint planning processes going on between multiple bases and municipalities that seem promising. They're actually sponsored by the Office of Economic Adjustment, which now appears to be on the chopping block. One of these vestiges of the welfare state, and Republicans have gotten hip to that. They're like, oh we can ax that too.
Does the DOD have a line item in the budget for environmental research?
No, not at all.
If anything, what they do is mainstream environmental and climate efforts into their larger codes and plans. That seems to be a way to make it more neutral, non-political, and less vulnerable to being axed.
The perspective I tend to hear is they're concerned about any and every threat. Clearly, climate change is a threat, sea-level rise, drought, whatever climate impacts. They're all a threat. They're going to be aware of those and plan for those.
What defines the community, and what is the difference between, let's say, the physical community adjacent to Norfolk, and someone's individual mission to be a leader in climate change adaptation?
When I say community I'm using it very loosely, and not how it's always used in planning.
I'm talking about what city elites are doing. And they seem to be the ones championing this. For obvious reasons, they have the power and the resources and the networks to do things.
But those efforts won't get where they want to go without larger, systemic support?
Without federal support. Right now, especially with us withdrawing from Paris, there's this huge move to want to say that cities are the answer, and cities can do it on their own. But cities don't have the resources for this scale of infrastructure. Whether it's gray infrastructure or green infrastructure, it requires a huge amount of money, and cities don't have that. That's why they need federal resources.
I do look to the Dutch model and other European models in terms of more comprehensive spatial planning, where it's not this fragmented effort.
We need comprehensive spatial planning, though I can't foresee that happening here.
The spatial planning toolkit seems to have been born out of the Army Corps and looking at nature as a threat. Is pushing adaptation out of the DOD furthering one idea that might actually be maladaptive?
That's always a big risk. Highly likely. The culture within the Army Corps is changing. Of course, the Army Corps is fairly de-centralized too. They are a bunch of different districts. I spoke to people in the Army Corps in the Norfolk district and there's definitely an interest there in starting to integrate these nature-based solutions. But their procedures are slow to catch up, so they have these ossified cost-benefit ratios that they use, and those don't really allow for adequate evaluation of what green infrastructure can do. But there is an awareness of that, and an effort to change that.
How does the conversation between the Army Corps and the Department of Defense happen?
That’s an interesting inflection point. I see the Army Corps as potentially being this boundary organization that does work across military and civil agendas— though they try very hard to keep them separate. There have been some efforts to bridge that, because it's clear, in the case of a large Naval base, that you can't just put a wall around the Naval base, or off the coast of the naval base, and then leave the rest vulnerable. It's been a really strong theme with almost everyone that I talked to. They realize there is inter-dependence between the bases and the communities, largely because of transportation.
It's really obvious. Roads get flooded and people can't get to the base. Most people who work on the base live off the base. There have been some lobbying efforts now to try to be able to bridge that fence-line. One of them is through Army Corps means. There's also a new initiative I found out about recently called the Sea-Wall Coalition. They're trying to expand defense access roads policy to infrastructure. It already allows military spending off-base to improve roads. All of these are very long term efforts, none of the change is going to happen quickly.
In resilience planning, you hear the rhetoric of ‘protect critical infrastructure first.’ Which can be used to justify protecting only the naval base.
All of this has a big risk. I don't think it's a necessarily good solution to open up defense spending to be able to be spent off-base, because clearly it's still going to protect certain interests, and it's not going to protect a lot more vulnerable people in the community.
Can you talk about the idea of threat and threat-multiplying, and how climate plays into the view of threat both at home and abroad?
2003 was the first defense report that was doing future scenario planning about climate change. It was Sherri Goodman who had been at the DOD and is now a defense analyst at the Wilson Center. She coined the term threat multiplier for climate change with the specific intent of getting political momentum behind that, and it seemed to really work. Convincing people that climate change itself wasn't going to cause conflict, but it would enhance all of the other drivers of conflict that might be out there. That's the basic thesis.
If you already had things that might be causing migration or resource wars, then climate will just enhance that, and it is much more of a international or geo-political view rather than a domestic view. That's one thing I'm trying to bring to this. Look more at the urban, and more at the domestic interface of military, climate change, and communities.
Some cities that are more advanced have formal relationships and procedures where they meet on a regular basis. The city and the base both let each other know about their plans.
How do you plan on getting this message out there?
What I'm most interested in coming out of this is how can communities partner with unlikely allies? I see the military as being one. But there are other ones. It really gets at best practices for collaboration and working together, and what can support that, and even what kind of political messages might help to do that. Climate security framing is really interesting from that perspective because it does seem to help bridge a partisan divide on climate change. It helps to reach a more conservative audience. There is also some potential for backlash against that, but from what I've been hearing on the ground, it sounds like it has been somewhat effective.
We’re not gonna talk about who's causing this...
Yes.
We'll skip that conversation, and that's a good way of getting past it.
Avoiding causes is kind of across the board, especially for more conservative audiences. But then the climate security angle, specifically saying that this is a threat to national security. When you have top military brass on the stage saying that, more people are going to listen than otherwise would.
Really my message coming out of this isn't that the military is some kind of cure-all. It's just one avenue to pursue. Another avenue that could be really interesting is the large hospital systems. They're also invested in having to weather disaster, and having to be there for the long-term. There's the whole public health argument for climate change.
I view that as potentially being very parallel.