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
It's Not About Free College
by Valerie Johnson
May 22, 2019
This interview with Valerie Johnson was conducted and condensed by frank news.
Valerie Johnson, Student Senate leader, receives the Dr. Cheryl Marshall Endowed Scholarship for Leadership & Service from Marshall, former president of Crafton Hills College.
My name is Valerie Johnson. I am a second year student at Crafton Hills College in the San Bernardino Community College District. I started community college right out of high school, so I'm a traditional student. I am a child of two public educators. Both my parents went to college, so they were like, "Yeah, go to college." But a lot of it now is very different than when they went, so there wasn't a lot they could help me with as far as figuring out college. But they were very supportive.
I got involved in advocacy and student leadership upon entering community college. I knew that I wanted to make the most of my time during my educational journey, so I joined student government. That's when I realized that a lot of students are really struggling, and a lot of the struggles I had been facing were common.
I was able to benefit from the board of governors fee waiver, now called the California College Promise Grant, not to be confused with the other college promise. That was something that really allowed me to focus on the costs I was facing outside of tuition – which is the main cost for so many community college students. Because I was able to receive that fee waiver, I was able to focus on school, and focus on being involved and making the most of my college experience, instead of trying to work multiple jobs...which I did anyways. But that fee waiver was really beneficial for me, as it is for so many students, and it was really important to my educational journey.
I also received Pell Grant. I am a low income student. It has been tough a lot of my higher educational journey to balance. I don't know that I would have been able to do it without the gift aid that I received. But at one point I worked three jobs. Eventually I was able to scale back down to two. Now I work one, which I am really grateful for.
My story is not uncommon, and so many students have a tougher journey than I do. I have been able to stay on track and I'm getting out in two years, which is really rare. I attribute it to some stellar guidance I got through the counseling at my school, and also being able to do school full time, which so many students aren't able to because of the outside costs of tuition, which is why we need to reform financial aid a lot.
This problem is twofold. There's the cost of tuition – which is paralyzing, or eliminates a lot of people from the higher education conversation entirely, and then there's the cost of living, of hunger, of food scarcity, of homelessness and houselessness. When you say 'restructuring financial aid,' what do you mean exactly?
One of the many issues I have spoken to students about, and experienced myself, is the work, school, life, family balance. No one has time to work the 60 hours a week required to support themselves and their dependents, and then take a full-time course load on top of that. Let alone do well enough to maintain eligibility for financial aid and excel in their coursework.
Oour state legislature has decided that investing in higher education isn't as important as it used to be. One factor that has negatively impacted students has been the way the legislature has decided to look at college as a tuition system, and not an all-encompassing fee system. They oftentimes look at, and talk about, and prioritize, and make policies around college thinking that the tuition is a student's main, and sometimes only cost.
Because our legislators aren't looking at the full picture, students are getting left behind and they're falling through the cracks. They're not getting the aid they need to continue their educational journey and reach their educational goals. Because of that we're seeing students complete at lower rates, and we're seeing students unable to achieve their educational goals because of a lack of financial support.
To finish in two years and to do a successful transfer when facing financial struggles, it's lucky. I'm lucky that I had great counselors; I'm lucky that my parents were able to help me somewhat so that I could stay on track. I have privilege that some students don't. And I think that that is the only reason I was able to complete my educational goals thus far. So many policy makers are out of touch with the California Community College system as it is now, and with the typical California student. And that is resulting in policy that is not what students need.
Do you find yourself in a debate with people about whether or not college should be free, period?
I’m a white, female student, I come from a lower, middle-class background – the American dream used to be achievable for someone like me. But now with the way that college is, it's not. A lot of people talk down to you, think you're misinformed, and you just want free handouts. It’s typically folks who are older than us, and typically folks who had very different college experiences than us.
Wherever those funds come from. Because paying for college is a relatively new thing. A while back it was important for students to receive a higher education and public schools were publicly funded. Just like every student deserves and should be entitled to a PK through 12 education, those students should also be entitled to a higher education should they wish to pursue one. That notion was not supported by the legislature, and they decided to roll back support for higher education, and that roll back resulted in students carrying that burden on their backs.
Some of these institutions have massive endowments, they could have free college if they wanted, they just don't. It makes higher education seem like a less important thing when our state and our country doesn't invest in it. Because money equals importance.
Everyone's like "oh you need a college degree to succeed in this time and era" but sometimes it’s impossible for some students. The system is set up for some students to fail. And that's due to a lack of investment from our state. California colleges used to be free. The fact that they're not now means that our state has decided to fund them less than they have in the past, and that's a failure for students.
Can you talk about the funding committee you’re a part of?
The name of the committee is the Students Centered Funding Formula Oversight Committee. I serve as the vice-chair of the committee, and the only student representative on the committee, representing over 2.1 million students in the system. The funding formula was promoted and introduced by former Governor Brown. In the past funding for colleges has solely been tied to how many students attend that college. If you have X amount of students, you get X amount of funding and that's that.
The newer formula aims to address some of the inequities students have been facing, and address completion rates. The new funding formula breaks up the way community colleges are funded into three separate levels. The large bulk of the funding is still attributed to the number of full-time equivalent students, they call it FTES. What has been added now is two other sections that have funding tied to them.
One of the sections is in regards to serving our minority students and students who faced challenges and may require some extra support. Those students look like foster students, or students who are extremely low-income, students who have experienced homelessness, black and brown students, students who basically are considered minority students, and students who might need a bit more help in order for them to continue and advance their educational journey and reach their educational goals. By tying funding to that, it incentivizes campuses and colleges to address those students and support them like they need.
Because, like I said earlier, when you tie funding to something it is because you care about it and it's a priority to you.
The last section is in regards to completion. One problem that was, and still is rampant in the community colleges, is schools will work very hard to get students in the door. They will provide all the support at the beginning or before the semester in order to make sure the student knows what's going on, orientation, or whatever. They get their butts in those seats.
Once those butts are in those seats, we see that the support stops. Because that's where the funding is tied. Once you get the butt in the seat, the funding is there and it's yours and you can have it. So that's what colleges have been working so hard to do.
This new metric is tied to completion so that there's a point system. An associate's degree awarded to a student would be tied to funding for the school. This is also in regards to certificates, traditional associate's degrees, tied to transfer rates. By tying funding to this, again we're saying, "We don't want you to stop supporting students once you get their butt in the seat. We want you to make sure that those students are supported the whole way through."
But if it’s financially responsible for them to see me all the way through, then that's what they're going to do. If colleges are actively looking to increase their completion rates because they know that its tied to funding, I think we'll see higher completion rates. Because that results in more funding for the colleges. That's that last metric.
So your metrics look like: big bulk, butts in seats. Smaller bulk, serving our most needy students, and our students who require the most support. Last bulk, completion and rates of completion. The funding formula oversight committee is charged with providing recommendations to the legislator for the implementation of the formula. There has been a lot of response in regards to the formula, and that response has been varied. We've had many different inputs from many different constituents and stakeholder groups. That feedback helps us determine recommendations that we provide to the legislator.
We are tasked with, basically, making sure the formula works like it's supposed to, and providing recommendations to the legislator on how they can tweak it to be the most effective.