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
In Conversation with Colonel Dillon, Operation Inherent Resolve
by Colonel Ryan Dillon
April 2, 2018
This interview with Colonel Ryan Dillon, the official Spokesman of Operation Inherent Resolve, was conducted and condensed by frank news. It took place December 15, 2017. This is part one of an ongoing conversation between frank and Colonel Dillon.
[Colonel Dillon] Hello!
[frank] Hi how are you?
I’m doing well, and yourself?
Good, thank you. Thank you so much for taking the time to talk to me I really appreciate it.
My pleasure.
Well, I can just jump right in. You guys have had a lot of news in the last week or so.
Yeah. It’s been pretty sporty out here. You know when I first came into this, it was very busy, and things have been, at least in military operations, have slowed down a little bit. At least as far as air strikes in Iraq go. Less in Syria. There’s still plenty of fighting in Syria that is happening right now.
Before we go into what's happening right now, I want to take a step back. Could you explain the mission of Inherent Resolve as it started.
Okay, so we’ll go back. It's pretty well documented, and I don't know if you've been to our site Inherent Resolve, but you know, it was about three years ago when the Islamic State really came onto the scene as an organized army if you will. Meaning that they were largely in small groups that were able to conduct spectacular attacks in cities and on roads, sow fear amongst the citizenry. And then they started to take territory. And it was as they started showing up with vehicles, and armored vehicles, after every place that they were able to take, where there's any kind of military presence, the military then dissolved. Iraqis aren’t very proud of that, but they acknowledge that in many cases they just dissolved and just ran away. And so every place that that had happen, all the weapons — they started to grab them, the vehicles. And so their army if you will, just continued to grow, and grow, and grow.
And it wasn’t really until they were about 20 kilometers north of Baghdad that the Coalition stepped in. Quickly thereafter many nations started to jump on it, and recognize that the Islamic State was very much a global threat. The coalition continued to grow, and grow, and grow until it’s where it is right now. 70 nations. 4 partner organizations. To defeat Daesh. Not all of those nations are military contributing members, but many of them play roles in other facets of the campaign, overall to the United States. That's counter propaganda, working in centers throughout the world, or going after their finances, or formed terrorist networks.
The Iraqi Prime Minister, Haider al-Abadi, recently declared that Iraq is now free from ISIS control. Control over territory is one thing, but what about their ideology and intellectual presence? What’s the strategy moving forward?
The Prime Minister did say all areas have been liberated. However, he did make it very clear that we must still pursue ISIS relics and any other terrorist organizations, or any kind of terrorism that exists in Iraq. Any that does is counter to the way that we want to live in a won Iraq. So we must unify and continue our pursuit of any of these elements. We, as a coalition, assess in Iraq and Syria, that there are less than 3,000 fighters that remain in Iraq and Syria. So spread out in small areas in Syria. They still have territory. There’s still territory that we have not cleared, our partners at the SDF, have not cleared.
Back to Iraq, the Iraqi security forces know full well that ISIS still exists, both their ideology, and in small groups, and in cells that are throughout the country. And we know that for a fact because every single day the Iraqi security forces, all elements of it, the federal police, the Iraqi army, the counterterrorism service — they conduct patrols and are continuing to find these small cells. They continue to have engagements, small, but continue to fight ISIS elements. To include fighting and detaining foreign fighters that are trying to move throughout the area, trying to escape and get out of the country. So we know that there are pockets of ISIS.
There's also just you know, tons of explosives, and IEDs, mortars, and other materials that can be used for future attacks. And that's another thing the Iraqi security forces are doing. They’re going out and identifying all these caches, finding these tunnels that are, in some places, very intricate, and finding these hiding places where where they still exist.
Does a reduced number of ISIS fighters change your day to day drastically?
It does. So the way that we have conducted this campaign from the very beginning is through a strategy called By, With, and Through. And that is both in Iraq and in Syria. So in Iraq, By, With and Through means through our Iraqi Security Force partners. They are the ones that are doing the planning and the operations. They're the ones that are really fighting. They're the ones on the front lines.
We have provided support to the Iraqis really through five different ways. One is through intelligence, surveillance and reconnaissance. Those are our drones and other intelligence collecting means and ways to identify ISIS fighters. Number two is by providing advisors, and our advisors were largely on the ground with the battalion and brigade elements while they were conducting these operations. These operations are when we talk about Mosul, when we talk about Tel Afar, Hawija, Akashat. So these are major combat operations. The fact that there are now very few combat operations that are underway, at the same scale that we have done over the last three years, those advisers are shrinking. Meaning that they are less required. So that's number two.
Number three is training and equipping. We have trained more than 125,000 Iraqi security forces across all facets of their military. That includes, the majority are Iraqi army, 44,000 Iraqi army. I think it’s about 25,000 Iraqi police — that includes local police, the Federal Police, Counterterrorism service, Border Guard Force, and tribal mobilization forces, and the Peshmerga, the Kurdish fighters in Northern Iraq. So training. And then precision strikes, both ground artillery and air strikes.
So the strikes, you know, after all these major combat operations have gone down significantly. In September our totals were about 1,500. Then October was about 700. November down to just under 300.
I believe November 26 there were zero.
Correct. That was the first time in the three years of our campaign that we have not had a strike in either Iraq or Syria. And then it was about three weeks ago, almost a month now, that we announced that there were going be about 400 Marines in Syria that were going to redeploy, back to United States, and they would not be getting replaced. So the number of strikes continue to tailer off quite a bit. We still are very much into the training aspects, a lot of that training has shifted and adjusted accordingly now that the these major combat operations are finished. We're now transitioning to wide area security and the threat is less so of an army, if you will, the conventional type of threat, and more of an insurgent terrorist type threat. So they have adjusted accordingly in training. We will say that it is very much our intent to continue to encourage, and to provide trainers to do conventional type fighting.
If you rewind to 2014 that was really the issue. The problem was you had a lot of these Iraqi security forces that were in static positions and as soon as this conventional threat arrived, they just dissolved. So we see very much a necessity in training them on some of the conventional and combined arms type fighting that we’ve done for the last three years.
What’s your current assessment then on ISIS’s ability to project power from Iraq or Syria?
Very little. Number one, they are on the run. It makes it awfully difficult to manage and direct a global network when you are in pursuit at the rate that we are going after ISIS right now. There's no question that their twin capitals of Mosul and Raqqa were very much hubs for them both. They were, you name it, for many of the variety of different things that ISIS was doing, and they were organized, they were very adaptable. They're savvy. So we very much recognize that, and we don't want to see things like their research develop, their external operations, these branding efforts to conduct attacks in, you know, anywhere outside of Iraq and Syria. As we all know, all of these attacks that we've seen over the course the last three years, many of them emanated from planning in Raqqa and in Mosul. They were planned there. They were resourced there. They were launched from these locations. We don't want them to hold any territory or have any sanctuary. Because the other thing is, and I’ve read some really good articles recently that really dig into it, is their ability to manufacture and build weapons at an industrial level. And you can tell how nefarious — their intent. You’re talking about the type of weapons they’re trying to put together. They’re trying to mix chemicals. Thankfully they have not been very successful at that. But we don't want to give them time and space and resources to be able to get there.
Is there a laid out timeline for U.S. presence?
In Syria there’s still plenty of work to be done. We're training these local Internal Security Forces.
In Iraq, what gives you confidence that the areas that were so difficult to regain over the last three years, as you mentioned, won’t revert once you withdraw?
We've already seen the Iraqi Security Forces, in a couple different instances, show that they are very much capable of fending off attacks. About three months ago, there was an attack in Ramadi. There were about three simultaneous explosions happening at the same time, with several different ISIS fighters. Three years ago, the Iraqi Security Forces would have just said, uh oh, and ran away. In this case they very much stopped the attacks and nearly ran to the seams. And then, not only did they stop the attack, and kill those that were that were immediately there, but they went and put guys on helicopters, pursued them, and went after them as well. That's just one small indicator to show that they are very much in a better place than they were three years ago. I think the other thing is most people who have lived under Daesh do not want to live that that way again.
Do you consider Iraq a success right now? Should Americans?
It should be positive. You know, we’re talking very much about a military success. But that success does not equal full success. There's more that is required by the civilian efforts. I mean Mosul, east Mosul is great. People that were once displaced are all back here. University is back, it's open. Students are in there full time. It’s west Mosul that was just devastated by the amount of damage that happened from face-to-face fighting. So there are stabilization efforts that are required. In many cases immediately following a lot of these battles. You have to get the security taken care of. Because as we've seen, as we still see Mosul, in Ramadi, in Fallujah, and in Raqqa, the sheer level of explosives that ISIS has implanted and left in each location is mind boggling. I mean in Raqqa, the estimate right now is more than 8000 IEDs and booby traps left behind. Strictly and solely for the case of damaging, and hurting, and killing civilians who are going to come back. If you put these mines and booby traps in ovens, in dresser drawers, in kids toys, that goes beyond military necessity.