Stuff I Wrote Elsewhere – Buying Time on the Colorado

This ran last week in the Albuquerque Journal, while I was on the road, sorry for the late bloggage (sub/ad req). From the Natural Resources Law Center’s Navigating the Future of the Colorado River conference, it’s a riff on how this year’s big snowpack buys a bit of time for the hard discussions to come among the seven Colorado Basin states about how to cope with a shrinking river:

A continuing theme at the conference was a common desire across the basin to avoid settling this problem in court. In his book “Cadillac Desert,” writer Marc Reisner famously described the Colorado as “the most legislated, most debated, and most litigated river in the entire world.”

But Mike Connor, a former aide to Sen. Jeff Bingaman, D-N.M., who now heads the U.S. Bureau of Reclamation, said the “most litigated” title no longer applies. Over the past 15 years, the Colorado River Basin states have negotiated a series of agreements that have solved shortage and overallocation problems collectively, without going to court.

Relative to the big question of how to deal with a river shrunk by drought and climate change, those deals were relatively small – how to reduce California’s overuse of the Colorado’s water, and how Arizona and Utah should share shortages as Lake Mead declines.

Settlement of those issues represented hard negotiations, but the states came to agreement without ending up in court. That represents a model for the future, but the larger problems yet to be solved will be harder, said Pat Mulroy, head of the water authority in Las Vegas, Nev.

“The next steps are going to be even more daunting,” she told conference attendees.

 

Hetch Hetchy – Best Pork Bun in Town!

Best Pork Bun in Town! June 2011

Best Pork Bun in Town! June 2011

In a comically disingenuous TV diatribe earlier this month, Congressman Devin Nunes, defender of San Joaquin Valley farmers’ federal water, suggested that perhaps if the effete liberals in San Francisco care so much about the Delta smelt, they should reduce their own consumption of Sierra Nevada water:

If the Delta ecosystem is collapsing, I would ask Nancy Pelosi, John Garamendi, Sen. Feinstein and Sen. Boxer to turn off San Francisco’s water. It comes from the Sierra Nevada mountain range too.

Ignoring for a moment the doctrine of prior appropriation (San Francisco’s water use long predates Nunes’ constituents’) or the sheer numbers involved (San Francisco’s consumption is far less than San Joaquin Valley farmers’), there are the very real needs of of this merchant in San Francisco’s Chinatown, whose economic interests in producing Best Pork Bun in Town! are clearly tied up in that sweet, sweet Hetch Hetchy water:

EASTERN BAKERY THE ONLY BAKERY IN THE WHOLE USA THAT COOKS OUR OWN MOON CAKE FILLING IN THE USA! Such sweet fillings like: Lotus, Black Bean, Winter Melon, Mung Bean, Yellow Soy Bean, ETC… The orient chemical water contaminated is no match to our San Franciscan water the cleanest water in the whole world! Water is the main ingredient for the sweet fillings. No Other Bakery cooks it own filling in the USA. It’s Expensive & Hard

Playing Chicken with the Delta

One of the most interesting analyses of California’s water problems I read before last week’s trip was “California’s Sacramento San Joaquin Delta Conflict: from Cooperation to Chicken“, by Kaveh Madani and Jay Lund at UC Davis.

It looks at the struggle over the Delta’s future as a game theory problem, one in which an optimal solution is possible if each actor gives a little, but one in which no one has an incentive to give first, because they end up losing out:

Today’s Delta problem has characteristics of a Chicken game, where cooperation is in everyone’s interest, but is unlikely because parties deviating from the status quo are likely to bear more of the costs of a long-term solution. The state of California may become the victim (or chicken) of the Delta game, bearing the greatest costs, if it continues to rely on a policy of leaving parties to develop voluntary cooperative resolution without a sufficient mechanism for enforcing cooperation.

So we have a situation now where there’s a great sense of urgency around the Delta’s problems. At least I think there is. Everyone I talked to while I was in California had it.

Sacramento River Delta, June 2011

Sacramento River Delta, June 2011

Big water users feel urgency because of the risk to reliability of their supply in the Delta earthquake disaster scenario. At least some of the big water users (and their benefactors) feel urgency because of a risk to reliability of their supply resulting from environmental regulations (and, we should not forget, the societal values embedded in those regulations). Environmentalists feel some urgency, partly because of the collapse of the Delta ecosystem and partly because of the actions of the water users’ congressional benefactors. People who think about and on behalf of the culture within the Delta have a particularly whipsawed sense of urgency because they’re in the middle of all of this, buffeted by powerful forces that seem to be hustling toward some sort of change that they’re being left out of.

While I was in Sacramento last week, the Delta Stewardship Council released its latest draft Delta Plan (pdf) and the Association of California Water Agencies made public its Alternative Delta Plan. The tension between the two, I think, highlights the issues Madani and Lund were poking at in their “Chicken game” paper. John Bass characterized the ACWA plan thus:

There are a lot of people who don’t like or believe in the usefulness of regulations. But we find that ACWA’s ADP proposal is a bit soft on accountability. Maybe some of their constituents would prefer not to have too much of it. Or maybe instead of legislation, which can only lead to laws and regulations, they’d like subsidies, tax breaks and other sorts of “incentives” for their complex partnerships?

The Delta Stewardship Council seems to be pushing to exploit the legislative mandate it believes it has to exert the “sufficient mechanism” sort of thing Madani and Lund were talking about. ACWA is pushing back.

Palo Alto Baylands

Palo Alto Baylands

Palo Alto Baylands, June 2011

My friend Alison, who used to live in Palo Alto, dispatched me on my recent travels to the Baylands, a lovely little park that is, as its name suggests, on the bay. It’s got salt marshes and tidal wetlands and a ton of birds. Being an inland desert dweller, I was in bird overload.

A cluster of trees along the main park road – right by the parking areas – played host to snowy egret and black-crowned night-heron rookeries. They were loud and squawky and drew a crowd of big-lens photographers when I was there Friday evening. One of the local birders led me to an Anna’s hummingbird nest with two babies. The tide was out, and the mud flats were covered with willets, marbled godwits, avocets and black-necked stilts.

It got me thinking of Emma Marris’s Rambunctious Garden, which talks about the ambiguity of our thinking about “preservation” of natural spaces in a permanently human-altered world in which “nature” was never static to begin with. It’s an issue that came up repeatedly on my California trip, as people talked about “ecosystem restoration” in the Sacramento-San Joaquin Delta. What exactly is the baseline where aiming to restore to? Does the concept of a baseline even make sense?

Whatever. Kudos to the fine folks of Palo Alto for setting aside the Baylands. Best bird of all was a Forster’s tern fighting a headwind as it circled over the wetlands.

The secret handshake – a confession

Twenty-one years ago, I did a very bad thing. This is my confession.

California Water Atlas

California Water Atlas

On the Public Record lists the 1979 California Water Atlas as one of the essential texts, describing it thus:

Try to get your hands on one of the old California Water Atlas, put out in the 1970?s. They’re real big, bound in navy blue. All the cool kids have one. Don’t know if it has any information you couldn’t find online these days (here it is!), but having one in your office is part of the secret handshake.

In my travels this week interviewing California water people, four of them had it within arms’ reach of their desk. Phil Isenberg, head of the Delta Stewardship Council, had it out on his office conference table.

I too own a copy, but I am not proud of this fact.

In the late 1980s, when I started writing about water for the Pasadena Star-News, there was a copy laying around the office. I took it home to read, and when I left the Star-News, I kinda forgot to return it before the move to Albuquerque.

Dean Singleton owned the Star-News at the time, so I guess technically it is he who I have wronged. Mr. Singleton, if you are reading this, I apologize. I hope to some day make amends.

But you’re not getting your book back.

The Delta – A Sense of Urgency

SACRAMENTO – One of the things I’ve been struck by in my week talking to water people in Sacramento is a sense of urgency around the problems of the Sacramento-San Joaquin Delta – a feeling that now is the time to do something. I’m also struck by the lack of consistent clarity of what that thing might be, but some themes are emerging. I happened to parachute down in the midst of the release of the Delta Stewardship Council’s latest iteration (pdf), and the Association of California Water Agencies’ alternative Delta Stewardship Plan – a fun compare and contrast exercise.

Consider this contingent – lots more people to talk to, and my ideas shift after every conversation. But there seems to be a general momentum behind some sort of trans-delta conveyance, a Peripheral Thingie of some sort. A resulting return to a more natural hydrograph – moving water down through the remaining ecosystem in a way that’s timed to meet the old natural flow regimes – seems part of the environmental solution. And south-of-delta storage to allow the above to work seems high on everyone’s list. But how big and how much water the Peripheral Thingie might carry, and the critical question of how much south delta pumping it might enable, is murky. And I remain profoundly skeptical about paying for a lot of new infrastructure, as I read the daily litany of coverage of California’s budget problems (along with a clear “we won’t be paying for it” message from the Feds). Which leaves me thinking maybe none of this is possible and wondering about what the failure modes are.

But despite that lack of clarity around the solutions, the urgency piece got an airing from Berkeley’s Raymond Seed on the op-ed page of today’s Sacramento Bee:

The state’s water challenges cannot be solved overnight, but there is now an increasingly clear and defined path forward. The Delta Vision Strategic Plan should be implemented without further delay. If it is not, the Delta will continue to be at risk of either a weather-related or earthquake-related disaster – an entirely foreseeable, preventable and unacceptable disaster, and one just waiting to happen.

 

1,100/3,660

If you’re into nice round numbers (or live in Las Vegas and like drinking water coming out of your tap), keep hitting reload over here – Lake Mead’s elevation is about to cross 1,100 feet above sea level for the first time since – oh, was it only April 2010?

Meanwhile, upstream at Lake Powell:

During June and July, the elevation will likely increase rapidly and is projected to reach a peak elevation for the year in early August 2011 of approximately 3660 to 3665 feet above sea level. This would be 35 to 40 feet below the full pool elevation of 3700 feet. The last time Lake Powell was at an elevation in this range was in October of 2001 near the beginning of the most current drought.

Water’s Sometimes for Fightin’ Over

In answer to my question over the weekend about whether the big California snowpack might have “bought Californians nothing other than a new set of facts on the ground to fight over”, there is this possible answer from Mike Taugher:

Delta water users have sued to block a temporary decrease in pumping meant to save thousands of salmon, a move that seems destined to raise the stakes in an escalating water war.

After a drought-busting winter that was good news for fishers and farmers, tens of thousands of salmon have been caught or killed at the powerful Delta pumps in the past few months. In addition, more than 6 million Sacramento splittail, a large minnow that environmentalists say should be protected by endangered species laws, were also collected or killed at the pumps.

Protecting the Tribe

Seen in the morning print edition of the Sacramento Bee, Tim Johnson on the dangers faced by those plying our trade in Mexico:

Some 66 Mexican journalists have been killed in a little more than five years, many if not most for exercising their professions. Just last week, authorities found the body of Noel López Olguín, a journalist in Veracruz state who went missing in March. His body was found in a shallow grave.

This is an abysmal record and reflects on the weakness of Mexico’s state that the killers of unarmed journalists are rarely captured and punished.

I realize lots of people are dying in the drug wars, all of which is an abysmal record that reflects on the weakness of Mexico’s state. So no special pleading here for journalists, beyond the fact that they’re my people.

A Dubious Title

SACRAMENTO – Marc Reisner famously called the Colorado River “the most legislated, most debated and most litigated river in the entire world.” As for the “most litigated,” U.S. Bureau of Reclamation Commissioner Michael Connor last week said wants to hand the plaque over to California. “I’m going to shift the title to the Bay-Delta region,” Connor said during a talk at the University of Colorado Natural Resources Law Center’s “Navigating the Future of the Colorado River” conference. The Bay-Delta is not exactly a river, but Connor’s point is well taken.

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