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
Came as a Journalist, Stayed as Friend
by Celeste Fremon
October 15, 2019
Celeste Fremon is an award-winning freelance journalist specializing in gangs, law enforcement, criminal justice and education policy, the founding editor of WitnessLA.com, and author of "G-Dog and the Homeboys."
In the midst of the media's drug war hysteria of the 1990's, Fremon's perspective was divergent. Her integration into a Los Angeles community allowed her to report beyond headlines.
As we focus on the press, this interview with Celeste Fremon reexamines how relationships can change the depth of a story.
This interview was conducted and condensed by frank news and originally published on June 12, 2018.
Can you introduce yourself a bit?
The fall of 1990 was the first time I took the drive that would change my life, which is to go to meet this priest I had heard about that was working with gangs in Boyle Heights, he was the pastor of Dolores Mission, which was the largest parish in Southern California. He was having a lot of luck working with street gangs, and it was at the height of the gang crisis in Los Angeles.
This little mile-square area that was then the Pico-Aliso housing projects had, according to the LAPD, the highest level of gang activity in Los Angeles County, and since Los Angeles was at that time the gang capital of the world, that mile-square area was probably the most intense area for gang activity on the planet. It seemed like a really interesting laboratory to see what this gang thing was about. I talked an editor of mine at the Los Angeles Times Magazine into letting me do a story on an alternative school that this priest, Father Greg Boyle, had started.
I realized very quickly that the story was about the kids he was working with and that the guy and the school was just a tiny part of it. I wrote the story for the Times, but I was so fascinated with the depth of the stories I was seeing with the moms and the dads and the sisters and the homeboys and homegirls and the family interaction and the community interaction and the complexity of it that I sort of never left. I developed an unlikely expertise of LA street gangs.
We were madly passing, in the state of California, legislation that was getting tougher and tougher with sentencing enhancements. What I was seeing was hurting kids. That was the beginning of how I started reporting on criminal justice and juvenile justice because, once I pulled on that thread, all kinds of other topics came down, and I think finding out what you want to do is as mysterious as falling in love.
Had you met me 30 years ago, you wouldn't have said, "As a white chick, former USC song girl, what you should probably be reporting on is Hispanic street gangs." But I felt at home and this is what I'm meant to be doing, and one topic led to the other, and I've reported a lot on law enforcement and prison policy and all kinds of juvenile issues having to do with the justice system, and most of it here in LA.
Long answer to a short question.
Who is most impacted when a member of the family disappears via incarceration?
In the incarceration mania that occurred in the 1980s and 1990s, what we failed to take into account — and what I saw up close because the more I reported in these communities and became friends with moms and sisters, are all of the collateral effects. I came a journalist, and stayed as a mom and auntie and friend.
Right now, of the 2.3 million people in prison in the United States, 52 percent of the state inmates and 63 percent of federal inmates are the parents of minor children. To put it another way, according to the Bureau of Justice, 2.3 percent of the US population under 18 have a parent or parents in prison. In addition to all of the shame and stigma that occurs with kids, it has such a profound effect when a family member is removed.
A guy who might have been low level, selling drugs — that was only part of who he was. He was also the guy who babysat for his sister who was struggling or was there for his mom or had all kinds of other functions in the community and in the family. You see all these people disappear from the community and it had a crippling effect, not just on families, but on the communities themselves, and watching that close up, anecdotally, you could just see the damage that was being done.
I remember I talked to Father Greg where I'd seen most of the people in the community where I was reporting were suffering from a high degree of what appeared to be PTSD. Now, we talk about it as early childhood trauma. People have been rigorously studying it, but at the time, all of these effects of being in a war zone and also having seen family members vanish into prison, the trauma led... There was a study done at Stanford where they went into some of the most intense Los Angeles neighborhoods and tested a bunch of the middle school kids and found that they had a high degree of PTSD — as severe or greater than service people returning at that time from Iraq and Afghanistan.
I even saw symptoms blossoming in me because I'd been in situations where I got shot at accidentally. They weren't aiming at me, but I was in the line of fire. More importantly, I saw kids I got to know be killed and went to a lot of funerals. For most of the people in these communities, it seems like everybody's been through that, and the trauma is very deep from being around a lot of violence and also having family members removed into the prison system. It's only now that we're starting to address that stuff and see the harm that's being done.
How does this adolescent trauma stay with people as they become adults? Are they being equipped with any tools to deal with it?
We're starting to see a little bit of it, but it's largely absent. A high majority of the kids that wind up in our juvenile system are suffering from a high degree of trauma. That affects their attention span. It affects their health. PTSD or early childhood trauma can mimic ADHD.
If nobody acknowledges that, it can have long-term health effects. If it starts to be acknowledged, there's stuff you can do. There's a lot of good work being done finally. We're acknowledging that these things are going on and that kids having a brush with any one of our governmental systems and our county systems, whether it's foster care or the juvenile justice system, are by definition coming in there with a high degree of trauma. If we don't admit that and address it, we're going to have problems and we're not going to be helping these kids.
Looking at LA county probation, which is the largest juvenile probation system in the country, they're trying to train staff in trauma. This is like a day-long training. That's not enough.
This is an agency where it's being talked about and the supervisors are all on board. The probation commission is all on board, and it's hysterical trying to get this done.
Thinking of you last night, I was talking to my friend about a then-young man I met, during the early-to-mid-'90s when I was reporting in Pico Aliso in Boyle Heights. He's not a young man anymore. He's been in prison for 17 years. He just got out and he called me because he remembered I'd been sort of an auntie way back when and felt I was a person he could trust and could talk to.
Turns out he spent 10 years in solitary confinement absolutely for no reason, under completely torturous circumstances. For so many years, we thought this would never change, and now in the state of California, we're starting to understand that the use of solitary really, no kidding, is torture, and that we do great damage.
At least it's actually changing. For so many years, it was very, very difficult to get public policy to change. But it's changing now.
How has gang culture shifted since the 90s in Los Angeles?
The gang culture is very different. Still a high percentage of homicides in Los Angeles according to Chief Charlie Beck. They are still gang-related, but our homicides are way down and the gang culture is very different. There are so many other ways people are looking to do rehabilitation, and it's not gang-centered. It's re-entry centered. The gang problem is still a problem, but there are a lot more problems.
So many of the communities, and the moms, and the fathers, and the men are feeling that they are the solutions to their community problems, and they're feeling, to use that horrible word, empowered to start organizations and programs to fix their own communities.
There are a lot of remarkable people who are doing work that come out of the communities themselves, rather than people coming in from the outside to be the helping entities.
The Youth Justice Coalition, they've got policymakers scared to death because you don't want to get in their way. They're relentless, thank heaven, and they're kids who have seen that they can help change policy. When I first began reporting, there were groups of mothers that had found their voices, but that's expanded many, many, many times over. That's a big cultural change.
Are you optimistic about what this next generation is facing? Do you think this generation coming up will see less incarceration and less violence?
I think that's the direction everything is turning, and oddly enough, there seemed to be a breakthrough around 2007, 2008.
I don't think that made all the difference, but the rest of the populous went, "Oh. Maybe we need to cut back on some of this nonsense."
But, yes, I'm much more optimistic because there's real reform coming out of the communities, and policymakers are listening and a lot of them are doing their own part to lead the charge. I'm much more optimistic when I watch kids like those at the Youth Justice Coalition. I was at a meeting recently, and one of the people on this board was a young woman from YJC, and she was just formidable. I don't know what her background was, but most of their kids have come out of a very at-risk situation and many of them have been locked up themselves.
They're becoming activists and organizers, and their blooming is really an inspiring thing to watch. There's still a lot of work to be done. I'm still amazed that so many people don't feel an urgency to make changes, particularly when it comes to the county's kids who wind up brushing up against these systems.
I think it's a very interesting generation.
Because I've followed the same people for such a long period of time, often since they were teenagers to people in their 40s, I see some of the people I knew and cared about get killed or get locked up for a very long time, but I've seen so many who, according to the cultural views of that time, people wanted to cross off. They were wonderful kids who were struggling with some really incredible burdens and were up to no good and were very, very at risk and very involved with gangs.
Now they're good moms and good dads and responsible working people. They were able to redirect the arc of their lives toward a very positive future with tremendous burdens affecting them while they did it. They're the best of victory stories. I don't know how I would have done with the kind of childhood and adolescence that they had, that were not of their choosing.
It's been both humbling and joy-bringing to have the privilege of knowing people over time who have really gone through the steps of trauma and have come out the other side to something really good and healthy. They're great miracle stories.
What do you feel most urgent about?
Any of the things affecting kids is really urgent. When I hear from policymakers and people in some of these big agencies that affect kids say,
That's how I feel. We have to feel that urgent. All of these kids are ours. We belong to each other. Are we willing to sacrifice a generation of kids in certain communities? Is that okay with us? If it's not, then we need to move heaven and earth to get to them. It's that urgent. It makes me nuts.
Somebody who worked for one of the supervisors a couple of years ago said, "It sounds like you're really upset about this."
I said, "Yeah." She said, "Well, yeah, but juvenile probation has always been that way. Why are you so upset?" I went, "They're children!" We can't ever be complacent. Most anybody I know, if they met the kids being adversely affected by the policies we have, if they just met personal kids and got to know them, they would be absolutely aghast.