This is the final story in a
four-part series on water. This month, we’ll wrap up by examining upcoming
issues in 2010. Past installments of this series have explored water issues
ranging from storage, conservation and desalination, to impacts of a peripheral
canal on the Sacramento-San Joaquin Delta.
Mark Twain once said that, in
the West, “Whiskey is for drinking. Water is for fighting over.” For decades,
California has been the living embodiment of Twain’s observation. Now, after
two-plus years of contentious posturing and political bloodletting, California
lawmakers have finally agreed on a multibillion-dollar plan to overhaul the
state’s outdated water system. But while reformers have claimed victory in the
biggest water battle to date, the real war — convincing voters to pay for it —
is just getting started.
This won’t be an easy sale. Deep-seeded regional
rivalries and powerful philosophical differences have always enveloped the
state’s water policies. As Valerie Nera, a water policy advocate for the
California Chamber of Commerce, notes, “Everybody thinks their priorities are
more important than everyone else’s.” In spite of the bipartisan support, the
$11.1 billion overhaul package from lawmakers in November does little to abate
that perspective.
Perhaps this isn’t surprising, given the disparate
agendas that various players brought to the game. Republicans wanted more dams.
Democrats and many powerful environmental groups preferred statewide
conservation efforts. Equally powerful Central Valley farm operations wanted to
slake the thirst of the water-intensive crops they have long grown in
otherwise-arid ground. They insisted on a “new conveyance” around the Delta —
known as a peripheral canal — to make it happen.
Southern California and
Bay Area officials also noted their own human and commercial thirsts, while
developers statewide called for a reliable, legally mandated water supply for
future projects.
Sacramento-San Joaquin Delta residents and coastal
fishermen, meanwhile, vowed to fight any attempt to build the peripheral canal,
saying it would further damage one of the nation’s most endangered estuaries,
sending that ecosystem — and perhaps their way of life — into a death spiral.
The Sacramento Regional County Sanitation District also waded into the canal
debate, arguing that new upstream diversions for that project could force them
to spend millions of dollars on equipment upgrades. Those costs, unless borne by
end-users who benefit most from the canal, would end up falling on Sacramento
ratepayers. Sacramento and other Northern California cities likewise lined up
against mass conservation mandates they say would drive up rates for local water
users and jeopardize the region’s long-held area-of-origin water rights.
The list of stakeholders seemed endless at times, producing a steady
stream of self-interested rhetoric that billowed from California to Washington.
With mounting pressure, it’s easy to see why Gov. Arnold Schwarzenegger called
water reform “one of the most complicated issues in our state’s history.”
What ultimately came out of the legislative sausage grinder is both
encouraging and maddening. In many ways, the historic deal, brokered primarily
by Senate President Pro Tem Darrell Steinberg, achieved the “co-equal goals” of
ensuring greater water reliability for downstate users and stronger
environmental protections for the Delta.
California will collect data on
groundwater reserves for the first time in state history. However, it won’t
track how much is taken from the system and by whom, which the agriculture
industry fiercely opposed. The measures also codify Schwarzenegger’s 2008
executive order for a 20 percent cut in statewide urban water use by 2020. But
no such mandate will be applied to agricultural users, though they consume
roughly four times more water annually than urban users.
“Urban
conservation is miniscule next to ag use,” says Stockton-area developer Fritz
Grupe, who is also a member of the California Partnership for the San Joaquin
Valley, a public-private partnership to boost the Central Valley economy. “Why
piss off homeowners? We should go after big users and not fool around with small
guys.”
Farmers also got a break on a proposed crackdown on illegal water
diversions, which, according to Schwarzenegger’s Delta Vision Blue Ribbon Task
Force, account for up to two-thirds of water drained from the Delta. Although
the original proposal called for hitting illegal diverters with daily fines
equal to the market cost of the water they steal, agricultural opposition caused
it to drop from the final bill. Lawmakers instead settled on giving the State
Water Resources Control Board 25 additional employees to help go after illegal
diverters.
The overhaul includes new environmental protections and
oversight for the troubled Delta, including water quality projects and
wide-ranging habitat restoration. It also offers millions of dollars to mitigate
the fiscal impact those efforts may have on the Delta economy. While canal
advocates didn’t get specific authority to build a new conveyance, Steinberg did
gain approval for a new Delta oversight agency. The Delta Stewardship Council is
expected to rein in some of the more than 200 local agencies that currently have
a hand in managing the Delta.
But the Stewardship Council has also
earned Steinberg the ire of Delta residents, who note that only one of its seven
members — four of whom would be appointed by Schwarzenegger — would be from the
Delta region. Sen. Lois Wolk, a fellow Democrat who represents multiple Delta
counties, accused Steinberg of “throwing the Delta under the bus.”
In
theory, the Stewardship Council could sign off on building the peripheral canal,
something Schwarzenegger made clear he thinks is already a done deal. The
governor repeatedly told a packed news conference the day after the bill’s
approval, “This will build the canal in order to protect the Delta.” He repeated
the assertion days later in Stockton, where he signed one of the bills into law.
That seemed to be news to Steinberg, who says that numerous
environmental conditions must be met before any agency could authorize a canal.
He also acknowledged that Schwarzenegger is pushing hard to ensure the Bay Delta
Conservation Plan, which includes the canal, is completed before the governor
leaves office. Steinberg defends the council as the best way to ensure the
Delta’s health gets top billing, regardless of whether or not the peripheral
canal is built.
“The Stewardship Council has the ability to say no,” he
says. “If you are an opponent of a new conveyance, the council offers you a new
layer of ‘check’ that isn’t available to you today.”
“Why piss off homeowners?
We
should go after big users and not fool around with small
guys.”
— Fritz Grupe, founder, The Grupe
Co.
That possibility is not soothing to opponents. Although the major water
agencies who would benefit the most from it — the Central Valley’s Westlands
Water District and Southern California’s Metropolitan Water District — would
have to contractually agree to pay for building the project, estimated at $6
billion to $12 billion, any attempt to actually do so will meet fierce
opposition. When Department of Water Resources chief Lester Snow said publicly
in October that the state has the authority to build the canal without
legislative approval, Wolk and fellow Democratic Assemblywoman Alyson Huber, who
represents El Dorado Hills, introduced legislation that would bar the state from
doing so without specific approval from the Legislature. Litigation is also
expected to stifle any attempt at breaking ground for a canal.
The bond
measure also drew howls of protest from critics who argue it contains billions
of dollars of unnecessary spending, most of it used to coerce reluctant
lawmakers to vote for the measure. The flurry of special inserts included such
perks as $50 million for the state university system to fund “agricultural water
research,” $30 million to state parks for “watershed education” and $10 million
to the Natural Resources Agency for watershed protections that address climate
change. The total package ultimately ballooned from its original $9 billion to a
final tally of $11.14 billion.
All of which begs the question: what now?
The answer is already playing out. For one, the federal government has
worked its way into the mix. Interior secretary Ken Salazar has taken a
particular interest in California’s water issues, earmarking hundreds of
millions of dollars in federal grants for state water infrastructure. He also
has named his undersecretary, David Hayes, to serve as a “water czar” to oversee
the federal government’s efforts in California.
Some of California’s
congressional contingent, including Rep. Bill McClintock, a Republican, and Sen.
Dianne Feinstein, a Democrat, is pushing for even greater federal involvement.
Both have joined Schwarzenegger in calling for a new look at the science used to
justify court-ordered water pumping restrictions to protect endangered Delta
smelt. Critics have complained bitterly that the smelt decisions are the result
of singling out one species and one stressor to the detriment of the bigger
picture.
Even more federal intervention should be expected, although
Salazar’s office has so far been noncommittal to Feinstein’s proposal. And while
water warriors from Congress to the fallowed fields of the Central Valley
continue to seek changes to the Endangered Species Act that led to the smelt
order, most observers doubt that will happen.
“As bulky and clunky as
the ESA is, it is necessary,” says Jason Morrison, a program director with the
Oakland-based Pacific Institute, a nonpartisan group that researches global
water issues.
State and federal officials are also considering other
ways to address the Delta smelt issue, including a program known as the
Two-Gates Fish Protection Demonstration Project. That plan would install two
temporary, removable gates in specific Delta channels as a way to prevent smelt
from being swept into the pumps that drive water southward. The Bureau of
Reclamation is planning a five-year study to test the project, and the state’s
bond proposal includes $28 million to help fund the effort.
Whether
voters endorse the bond package next November remains to be seen. State finance
officials reported last month that lawmakers will return to work in 2010 already
facing a budget deficit around $7 billion for fiscal year 2009-2010, with
another $10 billion to $14 billion shortfall expected for fiscal year 2010-2011.
If approved by voters, the bond package would saddle the state with an
additional $809 million annually in debt service. Without a major boost to the
sagging economy, skeptical voters may not be inclined to push the state deeper
into debt.
The measure is also likely to bring together an odd pairing of
traditional rivals. State employee unions may fight the bond measure, arguing
that the increased debt service on the budget will leave the state with less
money for state salaries and programs. Tax groups, normally not in sync with
union desires, also oppose the increased debt service the bonds will bring.
The governor’s lobbying has also heightened the suspicions of Northern
California residents who believe Schwarzenegger, a longtime Southern
Californian, doesn’t really care what they want. Dr. Peter Gleick, president of
the Pacific Institute, believes the governor’s intense lobbying on behalf of big
Central Valley agribusiness throughout the year has inflamed tensions and eroded
trust between stakeholders. The governor spent much of 2009 pounding home big
agriculture’s mantra that the water situation is one of “fish vs. farmers,” a
view that, outside the Central Valley, many hold as an oversimplification of the
smelt debate.
“Unfortunately, most of this has just been about politics,”
says Gleick, who calls the “fish vs. farmers” argument an “almost criminal”
distortion of the issue.
David Okita, general manager for the Solano
County Water Agency, says his agency hasn’t taken an official position on a
canal but agrees that all the hyperbole has taken its toll. “Distrust between
the players is by far the biggest impediment to reform,” he says.
And
what happens to the reform package if that distrust leads voters to turn down
the bond measure?
In policy terms, says Delta Vision co-chair Phil
Isenberg, not much. “With or without the bond money, these reforms adopt
policies that move California toward making water supply and environmental
stability co-equal goals,” he says.
If the bond fails, Isenberg says,
the state will still be able to fund some elements, such as some of the
conservation programs, within the current budget. Other reforms, he says, will
likely see dollars from a variety of state, federal and local sources in much
the same way transportation is funded.
“The important thing is that this
package ends the argument over whether the environment is worth protecting,” he
says. “It is.”
Tim Quinn, executive director of the Association of
California Water Agencies, says the best way to avoid searching for alternate
funding mechanisms is to make sure the bond passes. That means, he says,
advocates will have to immerse themselves in “educating California residents”
about what is at stake. Quinn acknowledges it could be a Herculean task.
“The bond has a really rough road ahead,” says Quinn, a strong advocate
for the reform package. “We’re going to be debating what co-equal goals means
for years.”
John Woodling, executive director of the Sacramento-based
Regional Water Authority, is also gearing up for educating consumers, though not
in the same manner as Quinn. Like many Northern California water agency
officials, Woodling is very concerned over the state’s new water direction,
particularly in how it could eventually impact his ratepayers.
“We will
need to educate our customers,” he says. “We must be diligent to ensure that the
potential threats in all of this don’t become real.”
Woodling also
cautions that the process has really only just begun.
“We’re not even at
the 10 or 15 percent point yet,” he says. “We’re really just at a whole new
beginning.”