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
Victor Asal On Defining Terrorism
by Victor Asal
April 28, 2018
This interview with Victor Asal, a professor and chair of public administration at Rockafeller College University of Albany, was conducted and condensed by frank news. It took place April 16, 2018.
My name is Victor Asal, I’m a professor of political science and Chair of Public Administartion at Rockafeller College at University of Albany, State University of New York.
I have three main areas of research. My first area of research is why people would go 400 miles out of their way to blow up people they’ve never met before. So criminal justice most times, most homicides are committed by people who know the other people. But going and killing people you’ve never met before, why would specific organizations do that? What are their strategies? That’s one area of research that I focus on.
My other area of research is why people are discriminated against by the State or by societies. Why are some people treated badly just because of the color of their skin, or their gender, or their sexual identity? I research all of those areas there.
These two areas of research are definitely connected.
My third area of research is the area of pedagogy in political science. What are effective ways of teaching students about political concepts, about the theories of politics? Specifically in the areas that I research. I’m a big fan of games, excerices, simulations — making a student a lab rat in their own experiment is much more useful than discussing why did Stalin do this? If I have an excersise where you are Stalin, and you did it, everyone else in class can ask you to explain it, it can be a different understanding.
Related to political violence I spent a great deal of time focusing on collecting new data that allows us to get traction under analysis on the organizational level, within a couple different contexts. The area of violent non-state actors. Why do certain organizations turn to violence? And when they do, why are some organizations much more lethal than other organizations? One of the things that I’ve found in my research is strong support for an argument that Ted Gurr made 47 years ago, about why men rebel.
There were a lot of people who disputed this and argued about this — but there's been growing literature that’s been focusing at the ethnic group level, that this is true, that this is one of the drivers of the use of political violence. I’ve been looking at this at the organizational level using a dataset called Minorities Risk Organizational Behavior dataset. And that’s ethnopolitical organizations in the Middle East and North Africa that claim to represent an ethnopolitical group, minority group. From the analysis, some of them are violent, some of them are not violent.
Can you tell me who some of them are?
Hammas, Amal, the PFLP (Popular Front for the Liberation of Palestine), lots of different organizations, again some are violent, some are not, and some go back and forth.
That makes sense.
The other data set, that really is the genesis of myself and colleague, Karl Rethemeyer here at U Albany, is the Big Allied and Dangerous data set, which has the acronym BAAD. The BAAD Dataset is the dataset of organizations that have already turned to violence, that are using violence, and to be able to look at why some of them are so much more lethal than others, or use CBRN weapons [chemical, biological, radiological, nuclear ] in terrorism and such.
One of the interesting things that we’re finding is that organizations that are networked tend to be much more lethal than organizations that are not networked.
What do you mean by networked?
Having allies. For example, how many things have you gotten by knowing somebody?
Nearly everything.
Right, so we’re finding that that’s true of organizations also. Organizations that have connections tend to be more lethal, tend to get a lot more done, in a lot of different ways. Friends can be very, very helpful.
The other thing that we’re finding is that organizations that are lethal tend to generate more rivals. There’s a cycle process. But there's another issue here, that really drives these organizations, and that’s ideology. There’s some really interesting theoretical and case study work by a guy named Mark Juergensmeyer. He talks about how ideology can compel organizations and people to kill. Because they have this power of othering…have you ever seen the movie Aliens?
No.
You should see the movie Aliens. It's a great movie. Our heroine, Ripley, she’s trying to protect this young girl from aliens. And the aliens are these sentient, intelligent creatures, that have this unpleasant habit of eating humans. Ripley stumbles into a nursery of baby aliens. I mentioned that the aliens are intelligent beings?
Yes.
If I can build an ideology that makes me the good guy, and makes you evil, or not really even human — that enables me to say I can kill as many of you as I want, and I can kill as many civilians as I want. So ideology, particularly religious ideology, has an important impact. And the combination of religious and ethnonaturalist ideology have a very, very important impact on the behavior of these organizations.
The issue of killing civilians gets at one of the core debates we are having about terrorism. Because the term terrorism can be used in many ways. And there are lots of people who use the term terrorism to describe any violent organization they don’t like. Those are the terrorists, these are the good guys. And if you’re trying to study this phenomena from an analytical, theoretical perspective, in my mind that is highly problematic. Because what that means is the definition of what we’re looking at is whether we like you or not. And that might be a great definition for seventh grade friendships, but not a great definition for doing analysis.
And there are big debates about what, and how we should capture terrorism, even if we’re talking about it in an analytical fashion.
How would you like to define it [terrorism]?
So I define terrorism not by if I like you or don’t like you. I define terroism by, are you a political organization, with a political motivation, who is blowing people up, and specifically targeting civilians?
Intentionally targeting civilians.
Yes. Intentionally targeting civilians, to hurt and kill civilians. Now, there are organizations that are insurgent organizations that target soldiers, there are organizations, terrorist organizations, that intentionally target civilians, and there are lots of organizations that do both.
It's one thing to shoot somebody in uniform, I don’t have to like it, especially if I’m wearing a uniform, but I would consider that very different behavior than blowing up a nursery school.
How do you feel about US military action, especially in the Middle East, where they are not fighting people in uniform?
When I say uniform I am using it prosaically — I’m saying fighters.
Any figher? Even if they happen to be a civilian?
If they are in a militia, they’re fighters.
Let me very clear here, there's another distinction about terrorism, when people talk about terrorism, mostly what they’re talking about is non-state actors. There is a whole discussion about State terrorism. In my mind, if the State is intentionally targeting civilians, they are involved in State terrorism. But again, that's a controversial topic as well. Which gets back to my other focus, which is political discrimination and political oppression. When it comes to violence, I primarily look at non-state actors. Both insurgents and terrorist organizations, and what factors are pushing towards targeting civilians and other kinds of behavior. But States can be pretty awful. And if we want to compare which kind of organizations, between non-state actors and States, which have killed the most amount of civilians, there is no contest. Russia did a phenomical job under Stalin slaughtering millions of people. Hitler. I mean, we could go on and on about States. There have been States that have been lax, and have killed civilians by being lax, and not paying attention. And there have been States that have intentionally targeted civilians, who they meant to kill.
Do you think your research can help inform policy or military action in dealing with these organizations?
I would hope so. One of the key aspects of the kind of data I’m collecting is that it can help you identify who to be most worried about. You should know that most terrorist organizations don’t kill anybody because they are fairly incompetent. And very few kill many people.
A really sad example of this is the invasion of Iraq. Where the U.S conquered Iraq and then fired the entire military, and put them out of jobs, and took them out of organizational structure, and that was a big mistake. Oppression in general is not a smart policy.
What are the fundamentals of understanding terrorism as you define it?
I think there’s normative components here, and empirical components. When it comes to thinking about terrorism,
Try to understand why these organizations are doing this, strategies to make them stop is important, and something we need to be paying attention to. And being able to draw a distinction between violent organizations, we may or may not not like their ideology, but they are not killing civilians. It's important to make the distinction between organizations that maybe you do like, that might be killing civilians. A concrete example is John Brown. His goal was to stop slavery. I am in favor of stopping slavery. John Brown slaughtered civilians. Intentionally. That makes him, in my mind, a terrorist, whether I like his ideology or not. Being able to make that distinction is important both analytically, but also normatively, for how we understand the world around us.