San Francisco leaders hate Trump enough they voted to limit the city’s water rather than do this

Delta TunnelsFor months, San Francisco, a hotbed of anti-Donald Trump sentiment, has found itself in the awkward position of being aligned with his administration over California water policy.

On Tuesday, the city’s leaders said the alliance was unbearable.

In an 11-0 vote, the San Francisco Board of Supervisors agreed in a resolution to support the State Water Resources Control Board’s proposal to leave more water in the San Joaquin River and its tributaries to benefit struggling fish populations. The supervisors’ vote is subject to veto by Mayor London Breed, although the board could override the veto.

The vote splits the city from the Trump administration and instead moves its support to a state plan that its utilities commission warns could lead to severe drinking water shortages for its nearly 884,000 residents. …

Click here to read the full article from the Sacramento Bee

Trump memo orders Central Valley water changes

RB DroughtThe Trump administration has launched a bold effort to up-end water policies in the Central Valley and the Sacramento-San Joaquin River Delta, calling for big changes that would favor farmers over endangered species in allocating water.

Helping craft the administration’s new approach: Deputy Interior Secretary David Bernhardt, a former lawyer and lobbyist for the Westlands Water District, which is the nation’s largest agricultural water district with 600,000 acres of farmland in Fresno and Kings counties.

As CalWatchdog reported in June 2017, the prospect of having Bernhardt overseeing the federal government’s California water policies was opposed by nearly all Democrats in Congress because of his history. Meanwhile, to GOP lawmakers from the Golden State, his nomination was seen as confirmation of Trump’s 2016 campaign promises to abandon the old status quo involving Central Valley agriculture.

The Oct. 19 memo signed by Trump reflected Bernhardt’s years of calling for lesser regulatory burdens, specifically including long-lived protections for endangered species. It underlined the determination of the Trump administration to make sure farmers got more water. The memo also ordered that major water projects receive faster environmental reviews.

Trump signed the memo before a campaign rally in Arizona while flanked by three California House members – Majority Leader Kevin McCarthy of Bakersfield, Jeff Denham of Turlock and Tom McClintock, who represents a wide swath of Central and Eastern California. All have denounced what they see as excessive federal deference to environmentalists – including by the George W. Bush administration, not just the Obama administration.

“This will move things along at a record clip, and you’ll have a lot of water,” Trump assured them.

But veterans of the water wars – including those who back Trump’s new policy – have warned farmers not to get their hopes up for the rapid changes the president predicted. More modest changes in policies by the last Bush administration were fought in both federal and state courts by well-funded environmental law firms. They won not just stays of federal orders but full victories from judges who agreed with their interpretation of Congress’ intent when it adopted far-reaching water laws last century.

Fight over economic impact of rules looms

Bernhardt’s remarks at a May 2017 Senate hearing point squarely to one coming fight with broad implications for all of the federal government. When asked whether the Interior Department would keep its commitment to “scientific integrity” in enforcing federal laws, Bernhardt said, “I will look at the science with all its significance and its warts. You look at that, you evaluate it and then you look at the legal decision you can make. In some instances the legal decision may allow you to consider other factors, such as jobs.”

The idea that governments can consider such economic factors when interpreting laws has been one of the favorite legal arguments of conservative and libertarian law professors since it was advanced in 1973 by Richard A. Posner, who went on to serve 36 years as a federal appellate judge and to emerge as one of the most important and provocative legal thinkers of the 20th century.

If there is any evidence this philosophy is leading to new Trump administration interpretations of federal laws, a strong legal challenge is certain – not just because of what it would mean for water policy but because it would give business interests a powerful new tool to challenge a wide range of laws that create economic burdens.

Posner’s most crucial, basic claim – that the “common law” that is the basis of the legal system holds efficiency as a value – is scoffed at by many legal academics. A Stanford law school analysis that was otherwise sympathetic to Posner’s theories says it is based on “ambiguous” precedents.

The fight over the Posner-Bernhardt view of the law is in some ways the reverse of normal fights over the extent of judicial authority. Democrats say the claim that “efficiency” is part of how laws should be interpreted was invented out of whole cloth, with no evidence it reflected the wishes of the nation’s founders.

This is the line of argument often made by conservative strict constructionists, who reject the idea that the Constitution and other long-standing laws are “living documents” subject to new interpretations because of changing circumstances.

This article was originally published by CalWatchdog.com

California Doesn’t Need Another Water Bond

WaterIt feels every election Californians are voting on another water bond — and passing them. This November Proposition 3 is on the ballot, placed there through the initiative process. The state has plenty of unspent water related bonds. Shouldn’t we use the billions authorized for past water bonds yet expended before adding more billions to the state debt?

This bond would generate $8.89 billion for a number of water related projects including water quality, watershed and fisheries improvements, surface water storage and more at a total cost to taxpayers of $17.3 billion once the bonds are paid off with interest 40 years later. It’s hard to complain about the initiative’s goals but the costs should be put into context.

Since 2000 California voters have approved $31 billion in water and environmental projects using general obligation bonds. That’s money that comes out of the general fund used for all other services the state provides and GO bonds have first call on general fund revenues. About $10 billion of the $31 billion has not been allocated. That includes $4 billion that voters okayed as recently as the June primary election. In 2014, voters passed a ballot measure to reallocate unsold water-related bonds and authorized $7 billion for water purposes. Few have been sold by the state.

Citing a 2017 state treasurer’s report, the California Taxpayers Association notes that California has $83.24 billion in outstanding general obligation bond debt, with another $38.61 billion in authorized but unissued debt. If all bonds are sold, California would have $121.85 billion in general obligation bond debt, equivalent to nearly as much as the 2017-18 general fund budget. (Emphasis added.)

When do we say stop and use the resources at hand?

Of course, water is important to California’s quality of life. Water has been an important and contentious issue since the state was born and still is today. Just consider the fight that is brewing over Jerry Brown’s proposed tunnel project. But, by continually passing water bonds, especially those placed on the ballot through the initiative process, there is no overall management plan to deal with water issues.

Do voters consider the size of the state’s bond debt when voting on measures such as Prop 3? Hardly. If the proposal sounds good they support the idea and vote yes.

Californians should be concerned with water issues. But let’s spend money already authorized and let’s have better planning before jacking up the state’s general obligation debt.

This article was originally published by Fox and Hounds Daily

Towards a Grand Bargain on California Water Policy

Lake Shasta Water ReservoirWhen it comes to water policy in California, perhaps the people are more savvy than the special interests. Because the people, or more precisely, the voters, by huge majorities, have approved nine water bonds in the past 25 years, totaling $27.1 billion. It is likely they’re going to approve another one this November for another $8.9 billion.

The message from the people is clear. We want a reliable supply of water, and we’re willing to pay for it. But the special interests – or whatever you want to call the collection of politicians, unelected bureaucrats with immense power, and other stakeholders who actually decide how all this money is going to be spent – cannot agree on policy. A recent article in the Sacramento Bee entitled “Why San Francisco is joining Valley farmers in a fight over precious California water,” says it all. “Precious California water.” But what if water were so abundant in California, it would no longer be necessary to fight over it?

As it is, despite what by this time next year is likely to be $36 billion in water bonds approved by voters for water investments since 1996, the state is nowhere close to solving the challenge of water scarcity. As explained in the Sacramento Bee, at the same time as California’s legislature has just passed long overdue restrictions on unsustainable groundwater withdrawals, the political appointees on the State Water Resources Control Board are about to enact sweeping new restrictions on how much water agricultural and municipal consumers can withdraw from the Sacramento and San Joaquin rivers.

This is a perfect storm, and every conservation, recycling and storage project currently funded or proposed will not make up the shortfall. In 2002, well before these new restrictions were being contemplated, the California Dept. of Water Resources issued an authoritative study, “Averting a California Water Crisis,” that estimated the difference between demand and supply at between two and six million acre feet per year by 2020. An impressive response from the public during the most recent drought, combined with some investment in water infrastructure has narrowed that gap. But the squeeze is ongoing, with tougher challenges and tradeoffs ahead.

Abundance vs Scarcity

When thinking about solutions to California’s water challenges, there is a philosophical question that has to be addressed. Is it necessary to persistently emphasize conservation over more supplies of water? Is it necessary to always perceive investments in more supplies of water as environmentally unacceptable, or is it possible to decouple, or mostly decouple, environmental harm from investment in more water supplies? Is it possible that the most urgent environmental priorities can be addressed by increasing the supply of water, even if investing in more water supplies also creates new, but lessor, environmental problems?

This philosophical question takes on urgent relevance when considering not only the new restrictions on water withdrawals that face Californians, but also in the context of another great philosophical choice that California’s policy makers have made, which is to welcome millions of new immigrants from across the world. What sort of state are we inviting these new residents to live in? How will we ensure that California’s residents, eventually to number not 40 million, but 50 million, will have enough water?

It is this reality – a growing population, a burgeoning agricultural economy, and compelling demands to release more water to threatened ecosystems – that makes a grand political water bargain necessary for California. A bargain that offers a great deal for everyone – more water for ecosystems, more water for farmers, more water for urban consumers – because new infrastructure will be constructed that provides not incremental increases, but millions and millions of acre feet of new water supplies.

The good news? Voters are willing to pay for it.

How to Have it All – A Water Infrastructure Wish List

When considering what it would take to actually have water abundance again in California, the first step is to try to determine the investment costs, imagining a best case scenario where every good idea got funded. Here’s a stab at that list, not differentiating between local, state and federal projects. These are very approximate numbers, rounded upwards to the nearest billion:

Projects to Increase Supplies of Water

(1) Build the Sites Reservoir (annual yield 0.5 MAF) – $5.0 billion.

(2) Build the Temperance Flat Reservoir (annual yield 0.25 MAF) – $3.0 billion.

(3) Raise the height of the Shasta Dam (increased annual yield 0.5 MAF) – $2.0 billion.

(4) So Cal water recycling plants to potable standards with 1.0 MAF capacity – $7.5 billion.

(5) So Cal desalination plants with 1.0 MAF capacity – $15.0 billion.

(6) Desalination plants on Central and North coasts with 0.5 MAF capacity – 7.5 billion

(7) Central and Northern California water recycling plants to potable standards with 1.0 MAF capacity – $7.5 billion.

(8) Facilities to capture runoff for aquifer recharge (annual yield 0.75 MAF) – $5.0 billion.

Total – $52.5 billion.

Projects to Increase Resiliency of Water Distribution Infrastructure

(9) Retrofit every dam in California to modern standards, including Oroville and San Luis – $5.0 billion.

(10) Aquifer mitigation to eliminate toxins with focus on Los Angeles Basin – $7.5 billion.

(11) Retrofit of existing aqueducts – $5 billion.

(12) Seismic retrofits to levees statewide, with a focus on the Delta – $7 billion.

Total – $24.5 billion.

The total of all these projects, $77 billion, is not accidental. That happens to be the latest best case, low-ball estimate for California’s completed high speed rail project. Without belaboring the case against high speed rail, two comparisons are noteworthy.

First, an ambitious program to create water abundance in California and water infrastructure resiliency in California based on this hypothetical budget is achievable. These numbers are deliberately rounded up, and the final costs might actually be lower, whereas it is extremely unlikely that California’s high speed rail project can be completed for $77 billion.

Second, because people will actually consume these new quantities of water that are being supplied and delivered, private financing will be attracted to significantly reduce the taxpayer’s share.

The Impact of a $77 billion Investment on Water Supply, Resiliency, and Ecosystems

As itemized above, at a capital cost of $52.5 billion, the total amount of water that might be added to the California’s statewide annual water budget is 5.5 million acre feet.

This amount of water would have a staggering impact on the demand vs. supply equilibrium for water. It is nearly equal to the total water consumed per year by all of California’s urban centers. Implementing this plan would mean that nearly all of the water that is currently diverted to urban areas could be instead used to ensure a cool, swift flow in California’s rivers, while preserving current allocations for agriculture. The options for environmentalists would be almost unbelievable. Restore wetlands. Revive the Delta. Refill the shrinking Salton Sea.

The environmentalist arguments against the three dams are weak. Shasta Dam is already built. The impact of expanding the Shasta Dam is purportedly the worst on McCloud creek, where it will affect “nearly a mile” of what was “once a prolific Chinook salmon stream,” (italics added). That negative impact, which seems fairly trivial, has to be balanced against the profound benefit of having another 500,000 acre feet of water available every summer to generate pulses of swift, cool water in the Sacramento River. The proposed Temperance Flat Reservoir is proposed on a stretch of the San Joaquin River that already has a smaller dam. The Sites Reservoir is an offstream reservoir that will not interfere with the Sacramento River.

The environmental benefits of these dams are not limited to their ability to ensure supplies of fresh water for California’s aquatic ecosystems. They can also be used to store renewable electricity, by pumping water from a forebay at the foot of the dam into the reservoir during the day, when solar energy already brings the spot price of electricity down to just a few cents per kilowatt-hour, then generating hydro-electric power later in the evening when peak electrical demand hits the grid. This well established technology has already been implemented on dams throughout California, and remains one of the most cost-effective ways to store clean, but intermittent, renewable energy. It will also be a profit center for these dams.

The environmentalist arguments against desalination are also weak. The energy required to desalinate seawater is comparable to the energy necessary to pump it from Northern California to the Los Angeles Basin. The outfall can be discharged under pressure a few miles from shore, where it is instantly disbursed in the California current. The impact from the intakes is grossly overstated by environmentalists, when considering that even if all of these contemplated desalination plants were built, the water they would intake is only a fraction of the amount of water taken in for decades by California’s power plants that are sited on the coast and use seawater for cooling.

As for the Delta, the primary environmental threat to that ecosystem is the chance that an earthquake destroys the hundreds of miles of levees, causing the agricultural areas behind those levees to be flooded. Not only would agricultural contaminants enter the water of the Delta, but the rush of water flooding into the areas behind the levees would cause salt water from the San Francisco Bay to rush in right behind, creating conditions of salinity that would take years to remove, if ever.

This is why investing in levee upgrades and a Delta Smelt hatchery is a preferable solution to the Delta tunnels. The tunnels would ensure a resilient supply of water from north to south, but the Delta would still be vulnerable to levee collapse. Levee upgrades and a Delta Smelt hatchery would accomplish both goals – resiliency of the water supply and of the Delta ecosystem. Moreover, the presence of massive water recycling and desalination facilities in Southern California would take a great deal of pressure off how much water would need to be transported through the Delta from north to south.

How to Finance $77 Billion for Water Infrastructure

Funding capital projects depends on three possible sources: operating budgets, general obligation bonds, or revenue bonds. Operating budgets, which used to help pay for capital projects, and which ought to help pay for capital projects, will never be balanced until real pension reform occurs. So for the most part, operating budgets are not a source of funds.

A useful way to differentiate between general obligation bonds and revenue bonds are that the general obligation bonds impose a progressive tax on Californians, since wealthy individuals pay about 60% of all tax revenues in California. Revenue bonds, on the other hand, because they are serviced through sales of, for example, water produced by a desalination plant, are regressive. This is because all consumers see these costs included in their utility rates, and utility bills constitute a far greater proportion of the budget for a low income household.

The Grand Bargain – Creating Water Abundance in California
(MAF = million acre feet)

Projects to increase supplies of water

By financing water infrastructure through a combination of revenue bonds and general obligation bonds, instead of solely through revenue bonds, water can remain affordable for ordinary Californians. The $24.5 billion portion of the $77.0 billion wish list, the funds for dam, aqueduct, and levee retrofits, along with aquifer mitigation, are not easily serviced through revenue bonds. A 30 year general obligation bond for $24.5 billion with an interest rate of 5% would cost California’s taxpayers $1.6 billion per year. Some of these projects, to the extent they are improving water delivery to specific urban and agricultural consumers, might be funded by bond issuances that would be serviced by the agencies most directly benefiting.

To claim that 100% of the revenue producing water projects can be financed through revenue bonds is more than theoretical. The Carlsbad Desalination Plant financing costs, principle and interest payments a nearly $1.0 billion for the plant’s construction, are paid by the contractor that built and operates the plant, with those payments in-turn funded through the rates charged to the consumers of the water. The contractor also retains an equity stake in the project, meaning that additional capital costs incurred privately are also funded via a portion of the rates charged to consumers.

Some of the revenue producing assets on the grand bargain wish list may also have a portion of them paid for by general obligation bonds. Determining that mix depends on the consumer. For example, a revenue bond for the reservoir projects may be applied to agricultural consumers who are willing to pay well above historical rates to have a guaranteed source of water for their orchards, which have to survive through dry years.

For urban consumers in particular, making the more expensive projects financially palatable may require general obligation bonds to cover part of the costs, so the remaining costs are affordable for ratepayers. For example, desalination is a relatively expensive way to produce water, making it harder to finance 100% with revenue bonds. But without desalination, wastewater recycling and runoff capture are not sufficient local sources of water in places like Los Angeles. The overall benefit to Californians of adding another 1.5 million acre feet per year to the state’s water supply, using desalination which is impervious to droughts, may be worth having some of its cost financed with general obligation bonds.

To fund roughly 50% of the revenue producing water supply infrastructure ($26.2 billion) and 100% of the water resiliency and distribution infrastructure ($24.5 billion) on this list would cost taxpayers about $3.0 billion per year. While this might strike some as an unthinkable amount to even consider, these projects meet all the criteria for so-called “good debt.” Constructing them all would solve California’s challenge of water scarcity, possibly forever. All of the projects are assets yielding ongoing and long-term benefits that will outlast the term of the financing. At the same time, water would become so abundant in California that prioritizing water allocations to revive ecosystems would no longer provoke bitter opposition. And California’s residents would live again in a state where taking a long shower, planting a lawn, and doing other water-intensive activities that are considered normal in a developed nation, would once again become affordable and normal.

Other Ways to Help Pay for Water Abundance in California

Enable and Expand Water Markets

Even if a grand bargain is struck between environmentalists, farmers, and water districts, and massive investments are made to increase the supply of water, enabling and expanding water markets will help optimize the distribution of available water resources. Similarly, reforming California’s labyrinthine system of water rights might also help, by making it easier for owners of water rights to sell their allocations. Fostering water markets while protecting water rights have interrelated impacts, and ideally can result in more equitable, appropriate water pricing across the state. It might also help make it unnecessary to impose punitive tiered rates or rationing on household consumers.

Reform Environmentalist Barriers to Development

CEQA, or the California Environmental Quality Act, is a “statute that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts, if feasible.” While the intent behind CEQA is entirely justifiable, in practice it has added time and expense to infrastructure projects in California, often with little if any actual environmental benefit. An excellent summary of how to reform CEQA appeared in the Los Angeles Times in Sept. 2017, written by Byron De Arakal, vice chairman of the Costa Mesa Planning Commission. It mirrors other summaries offered by other informed advocates for reform and can be summarized as follows:

  • End duplicative lawsuits: Put an end to the interminable, costly legal process by disallowing serial, duplicative lawsuits challenging projects that have completed the CEQA process, have been previously litigated and have fulfilled any mitigation orders.
  • Full disclosure of identity of litigants: Require all entities that file CEQA lawsuits to fully disclose their identities and their environmental or, increasingly, non-environmental interest.
  • Outlaw legal delaying tactics: California law already sets goals of wrapping up CEQA lawsuits — including appeals — in nine months, but other court rules still leave room for procedural gamesmanship that push CEQA proceedings past a year and beyond. Without harming the ability of all sides to prepare their cases, those delaying tactics could be outlawed.
  • Prohibit rulings that stop entire project on single issue: Judges can currently toss out an entire project based on a few deficiencies in environmental impact report. Restraints can be added to the law to make “fix-it ticket” remedies the norm, not the exception.
  • Loser pays legal fees: Currently, the losing party in most California civil actions pays the tab for court costs and attorney’s fees, but that’s not always the case with CEQA lawsuits. Those who bring CEQA actions shouldn’t be allowed to skip out of court if they lose without having to pick up the tab of the prevailing party.

Find Other Ways to Reduce Construction Costs

The Sorek desalination plant, commissioned in Israel in 2015, cost $500 million to build and desalinates 185,000 acre feet of water per year. Compared to Carlsbad, which also began operations in 2015, Sorek came online for an astonishing one-sixth the capital cost per unit of capacity. Imagine if the prices Israelis pay to construct desalination plants could be achieved in California. Instead of spending $15 billion to build 1.0 million acre feet of desalination capacity, we would spend less than $3.0 billion. How did they do this?

The bidding process itself adds unnecessary costs to public infrastructure projects. Moving to a design-build process could significantly reduce duplicative work during the plant’s engineering phase. Project labor agreements are another practice that at the very least deserve serious reconsideration. Would it be possible objectively evaluate the impact of project labor agreements, and determine to what extent those mandates increase costs?

What about economies of scale? If ten desalination plants were commissioned all at once, wouldn’t there be an opportunity for tremendous unit savings? What about creativity? Elon Musk, who has disrupted the aerospace industry by building rockets at a fraction of historical prices, said “the construction industry is one of the only sectors in our economy that has not improved its productivity in the last 50 years.” Is he even partly correct? Is that worth looking into?

Shift Government Spending Priorities

Cancel High Speed Rail: The most obvious case of how to redirect funds away from something of marginal value into water infrastructure, which is something with huge public benefit, is to cancel the bullet train. The project is doomed anyway, because it will never attract private capital. But what if Californians were offered the opportunity to preserve the planned bond issuances for high speed rail, tens of billions of capital, but with a new twist? If voters were asked to redirect these funds away from high speed rail and instead towards creating water abundance through massive investment in water infrastructure, there’s a good chance they’d vote yes.

Cancel the Delta Tunnels: By investing in levee hardening, the Delta’s ecosystems can be fortified against a severe earthquake. Reducing the possibility of levee failure protects the Delta ecosystems from their worst environmental threat at the same time as it protects the ability to transfer water from north to south. Investing in hatcheries to increase the population of the threatened Smelt is a far more cost-effective way of safeguarding the survival of that species. And investing in infrastructure on the Southern California coast to make that region water independent greatly reduces the downside of a disruption to water deliveries through the Delta. Canceling the Delta Tunnels would save $20 billion, money that would go a long way towards paying for other vital water infrastructure.

Reform Pensions: The biggest out of control budget item, by far among California’s state and local agencies, is the cost of public sector pensions. A California Policy Center analysis released earlier this year, based on public announcements from CalPERS, estimated that the total employer payments for pensions for California’s state and local government employees is set to nearly double, from $31 billion in 2018 to $59 billion by 2024. And that is a best case baseline. If there is a severe market correction, those required contributions will go up further. No discussion of how to find money for other government operations can take place without understanding the role of pension costs in creating budget constraints.

Reduce State Spending: Other ways to shift spending priorities in California, while worth a discussion, are mostly controversial. Returning the administrator to faculty ratio in California’s UC and CalState systems to its historical level of 1:2 instead of the current 1:1 would also save $2.0 billion per year. Outsourcing CalTrans work and eliminating redundant positions could save $2.5 billion per year. Reducing just state agency headcount and pay/benefits by 20% would save $6.5 billion per year. Just enacting part of that, incremental pension reform for state workers, could stop the runaway cost increases that are otherwise inevitable.

California’s state budget this year has broken $200 billion for the first time. Of that, general fund spending is at $139 billion, also a record. Revenues, however, have set records as well. The rainy day fund is full, and an extra deposit of $2.6 billion has it overflowing. Why not spend that $2.6 billion on water infrastructure? For that matter, why not spend all of the $1.4 billion of cap and trade revenue on water infrastructure?

Financing more water infrastructure will more likely come via public and private debt financing. But redirecting intended future borrowings, in particular for high speed rail and for the Delta Tunnels, could cover most if not all of the infrastructure investments necessary to deliver water abundance to Californians. And at the least, redirecting funds from government operating budgets can defray some of the operating costs, if not some of the capital costs.

Work to Build a Consensus

How many more times will California’s voters approve multi-billion dollar water bonds? The two passed in the last four years, plus the current one set for the November ballot, raise $20 billion, but only $2.5 billion of that goes to reservoir storage. Only another $3.3 billion more goes to any type of supply enhancements – mostly to develop aquifer storage or fund water recycling. Meanwhile, consumers are being required to submit to permanent water rationing, and dubious projects are being funded to save water. Artificial turf is a good example. There isn’t a coach in California who wants their athletes to compete on these dangerous surfaces. On a hot day in Sacramento, the temperature on these “fields” can reach 150 degrees. They are actually keeping sprinkler systems operating on these horrendous boondoggles, just to reduce the deadly heat buildup.

Credibility with voters remains intact to-date, but cannot be taken for granted. If a grand bargain on California’s water future is struck, it will need to promise, then deliver, water abundance to California’s residents.

Change the Conventional Wisdom

California’s current policies have stifled innovation and created artificial scarcity of literally every primary necessity – not just water, but housing, energy and transportation. Each year, to comply with legislative mandates, California’s taxpayers are turning over billions of dollars to attorneys, consultants and bureaucrats, instead of paying engineers and heavy equipment operators to actually build things. The innovation that persists despite California’s unwelcoming policy environment is inspiring.

California’s policymakers have adhered increasingly to a philosophy of limits. Less water consumption. Less energy use. Urban containment. Densification. Fewer cars and more mass transit. But it isn’t working. It isn’t working because California has the highest cost of living in the nation. Using less water and energy never rewards consumers, because the water and energy never were the primary cost within their utility bills – the cost of the infrastructure and overhead was the primary cost.

Changing the conventional wisdom applies to much more than water. It is a vision of abundance instead of scarcity that encompasses every vital area of resource consumption. A completely different approach that could cost less than what it might cost to fully implement scarcity mandates. An approach that would improve the quality of life for all Californians. Without abandoning but merely scaling back the ambition of new conservation and efficiency mandates, embrace supply oriented solutions as well. Build wastewater recycling and desalination plants on the Pacific coast, enough of them to supply California’s massive coastal cities with fresh water. Instead of mandating water rationing for households, put the money that would have been necessary to retrofit all those homes into new ways to reuse water and capture storm runoff.

Paying for all of this wouldn’t have to rely exclusively on public funds. Private sector investment could fund a large percentage of the costs for new water infrastructure. Water supplies could be even more easily balanced by permitting water markets where farmers could sell their water allotments without losing their grandfathered water rights. If the bidding process and litigation burdens were reduced, massive water supply infrastructure could be constructed at far more affordable prices.

The Grand Bargain

Water abundance in California is achievable. The people of California would welcome and support a determined effort to make it a reality. But compromise on a grand scale is necessary to negotiate a grand bargain. Environmentalists would have to accept a few more reservoirs and desalination plants in exchange for plentiful water allocations to threatened ecosystems. Farmers would have to pay more for water in exchange for undiminished quantities. While private financing and revenue bonds could cover much of the expense, taxpayers would bear the burden of some new debt – but in exchange for permanent access to affordable, secure, and most abundant water.

*  *  *

This is the third and final part of an investigation into California’s water future. Part one is “How Much California Water Bond Money is for Storage?,” and part two is “How to Make California’s Southland Water Independent for $30 Billion.” Edward Ring is a co-founder of the California Policy Center and served as its first president.

New Proposed “Voluntary” Tax on the Water You Drink

Drinking waterAnother new tax is headed for your water bill, as if it wasn’t high enough already.

Gov. Jerry Brown has been trying to push through a statewide tax on drinking water, the first ever in California history, and as you might imagine, it has been a challenge for him.

People are fed up with new taxes. That was demonstrated very convincingly in the June recall of state Sen. Josh Newman, D-Fullerton.

All the political tricks that were employed to save him — delaying the election, allowing voters to withdraw their signatures on petitions, lifting the cap on campaign contributions from other politicians — failed to prevent voters from firing the politician who cast a critical vote in favor of a huge increase in gas and car taxes.

That tax hike will face its own reckoning in November, when voters will have the opportunity to repeal it by passing Proposition 6, a ballot measure that also mandates voter approval of any future attempts to raise those taxes.

But despite the clear anger of the voters, or perhaps because of it, the trickery continues.

The water tax proposed in Senate Bill 845 would be “voluntary.”

Here’s the trick: Unless you opt out of paying it, you’ll pay it.

How do you opt out? It will be up to each “community water system” to figure that out, but you can bet the cost of the new paperwork will be added to your water bill some other way.

The purpose of the drinking water tax is to provide clean water for about a million rural residents in areas where the groundwater is contaminated.

That’s certainly important, and you’d think the state would fund that priority with some of the tax money Californians already pay.

You’d be wrong. California’s not run that way. Instead, you pay the highest state taxes in the nation, Sacramento spends all the money on things voters would never approve, and then for anything voters think is important, Sacramento insists on a new bond or tax.

Read your ballot this fall. Politicians are pleading for billions more to pay for water, veterans’ housing and children’s hospitals. No need to ask for more money to pay for state salary increases and Caltrans featherbedding — that’s covered already.

Connected to the proposed water-tax legislation is SB844, which would impose fees on dairy producers and companies that manufacture or distribute fertilizer.

The money would be deposited into the same “Safe and Affordable Drinking Water Fund” set up by the bill that imposes the water tax.

But the dairy and fertilizer producers get something extra for their money: protection from pesky regulators at state and regional water boards

SB844 prohibits certain enforcement actions for “causing or contributing to a condition of pollution or nuisance for nitrate in groundwater.”

The Agricultural Council of California and the Western United Dairymen are in support of these bills, as are the various environmental justice groups that are sure to receive grants from the new pot of money.

The Association of California Water Agencies opposes the legislation.

Nobody asked the water customers for their opinion, but if you’d like to give it to them, call your representatives in the state Assembly and Senate. You can look up their names and contact information at findyourrep.legislature.ca.gov. Don’t delay.

In Sacramento in August, legislation moves like you-know-what through a goose.

olumnist and member of the editorial board of the Southern California News Group, and the author of the book, “How Trump Won.”

This article was originally published by Fox and Hounds Daily

How to Make California’s Southland Water Independent for $30 Billion

The megapolis on California’s southern coast stretches from Ventura County on the northern end, through Los Angeles County, Orange County, down to San Diego County on the border with Mexico. It also includes the western portions of Riverside and San Bernardino counties. Altogether these six counties have a population of 20.5 million residents. According to the California Department of Water Resources, urban users consume 3.7 million acre feet of water per year, and the remaining agricultural users in this region consume an additional 700,000 acre feet.

Much of this water is imported. In an average year, 2.6 million acre feet of water is imported by the water districts serving the residents and businesses in these Southland counties. The 701 mile long California Aqueduct, mainly conveying water from the Sacramento River, contributes 1.4 million acre feet. The 242 mile long Colorado River Aqueduct adds another 1.0 million acre feet. Finally, the Owens River on the east side of the Sierras contributes 250,000 acre feet via the 419 mile long Los Angeles Aqueduct.

California’s Plumbing System
The major interbasin systems of water conveyance, commonly known as aqueducts

California’s Overall Water Supplies Must Increase

Californians have already made tremendous strides conserving water, and the potential savings from more stringent conservation mandates may not yield significant additional savings. Population growth is likely to offset whatever remaining savings that may be achievable via additional conservation.

Meanwhile, the state mandated water requirements for California’s ecosystems continue to increase. The California State Water Board is finalizing “frameworks” that will increase the minimum amount of flow required to be maintained in the Sacramento and San Joaquin rivers order to better protect fish habitat and reduce salinity in the Delta. And, of course, these rivers, along with the Owens and Colorado rivers, are susceptible to droughts which periodically put severe strain on water users in California.

At about the same time, in 2015, California’s legislature began regulating groundwater withdrawals. This measure, while long overdue, puts additional pressure on urban and agricultural users.

California’s water requirements for healthy ecosystems, a robust and growing farm economy, as well as a growing urban population, are set to exceed available supply. Conservation cannot return enough water to the system to fix the problem.

How Can Water Supplies Increase?

In Southern California, runoff capture is an option that appears to have great potential. Despite its arid climate and perennial low rainfall, nearly every year a few storm systems bring torrential rains to the South Coast, inundating the landscape. Until the Los Angeles River was turned into a gigantic culvert starting in 1938, it would routinely flood, with the overflow filling huge aquifers beneath the city. Those aquifers remain, although many are contaminated and require mitigation. Runoff harvesting for aquifer storage represents one tremendous opportunity for Southern Californians to increase their supply of water.

The other possibilities are sewage recycling and desalination. In both cases, Southern California already boasts some of the most advanced plants in the world. The potential for these two technologies to deliver massive quantities of potable water, over a million acre feet per year each, is now predicated more on political and financial considerations than technological challenges.

Recycling Waste Water

Orange County leads the United States in recycling waste water. The Orange County Sanitation District treats 145,000 acre feet per year (130 million gallons per day – “MGD”), sending all of it to the Orange County Water District’s “Ground Water Replenishment System” plant for advanced treatment. The GWRS plant is the biggest of its kind in the world. After being treated to potable standards, 124,000 acre feet per year (110 million GPD), or 85 percent of the waste water, is then injected into aquifers to be stored and pumped back up and reused by residents as potable water. The remainder, containing no toxins and with fewer total dissolved solids than seawater, is discharged harmlessly into the ocean.

Currently the combined water districts in California’s Southland discharge about 1.5 million acre feet (1.3 billion GPD) of treated wastewater each year into the Pacific Ocean. Only a small percentage of this discharge is the treated brine from recycled water. But by using the advanced treatment methods as are employed in Orange County, 85% of wastewater can be recycled to potable standards. This means that merely through water reuse, there is the potential to recycle up to another 1.2 million acre feet per year.

Needless to say, implementing a solution at this scale would require major challenges to be overcome. Currently California’s water districts are only permitted to engage in “indirect potable reuse,” which means the recycled water must be stored in an aquifer or a reservoir prior to being processed as drinking water and entering the water supply. By 2023, it is expected the California Water Board will have completed regulations governing “direct potable reuse,” which would allow recycled water to be immediately returned to the water supply without the intermediate step of being stored in an aquifer or reservoir. In the meantime, it is unlikely that there are enough uncontaminated aquifers or available reservoirs to store the amount of recycled water that could be produced.

Desalinating Seawater

The other source of new water for Southern California, desalination, is already realized in an operating plant, the Carlsbad Desalination Plant in San Diego County. This plant produces 56,000 acre feet per year (50 MGD) of fresh water by processing twice that amount of seawater. It is the largest and most technologically advanced desalination plant in the Western Hemisphere. It is co-located with the Encina Power Station, a facility that uses far more seawater per year, roughly ten times as much, for its cooling systems. The Carlsbad facility diverts a portion of that water for desalination treatment, then returns the saltier “brine” to the much larger outflow of cooling water at the power plant.

Objections to desalination are many, but none of them are insurmountable. The desalination plant proposed for Huntington Beach, for example, will not have the benefit of being co-located with a power plant that consumes far more seawater for its cooling system. Instead, this proposed plant – which will have the same capacity as the Carlsbad plant – will use a large array of “wet filters” situated about 1,500 feet offshore, on the seabed about 40 feet below the surface, to gently intake seawater that can be pumped back to the plant without disrupting marine life. The outgoing brine containing 6 percent salt (compared to 3% in seawater) will be discharged under pressure from an underwater pipe extending about 1,800 feet offshore. By discharging the brine under pressure, it will be instantly disbursed and immediately dissipated in the powerful California current.

While desalination is considered to be energy intensive, a careful comparison of the energy cost to desalinate seawater reveals an interesting fact. It takes a roughly equivalent amount of electricity to power the pumps on the California aqueduct, where six pumping stations lift the water repeatedly as it flows from north to south. To guarantee the water flows south, the California aqueduct is sloped downward by roughly one foot per mile of length, meaning pump stations are essential. The big lift, of course, is over the Tehachapi Mountains, which is the only way to import water into the Los Angeles basin.

Barriers to Implementation – Permitting & Lawsuits

The technological barriers to large scale implementation of water recycling and desalination, while significant, are not the primary impediments. Permitting and financing are far bigger challenges. Moreover, financing costs for these mega projects become more prohibitive because of the difficulties in permitting.

The process necessary to construct the proposed Huntington Beach Desalination Plant is illustrative of just how difficult, if not impossible, it is to get construction permits. The contractor has been involved in the permitting process for 16 years already, and despite significant progress to-date, still expects approval, if it comes, to take another 2-3 years.

One of the problems with permitting most infrastructure in California is that several agencies are involved. These agencies can actually have conflicting requirements. Applicants also end up having to answer the same questions over and over, because the agencies don’t share information. And over the course of decades or more, the regulations change, meaning the applicant has to start the process over again. Compounding the difficulties for applicants are endless rounds of litigation, primarily from well-funded environmentalist organizations. The failure to-date of California’s lawmakers to reform CEQA make these lawsuits potentially endless.

Barriers to Implementation – Financing

Even if permitting were streamlined, and all technical challenges were overcome, it would be a mistake to be glib about financing costs. Based on the actual total cost for the Carlsbad desalination plant, just under $1.0 billion for a capacity of 56,000 acre feet per year, the capital costs to desalinate a million acre feet of seawater would be a daunting $18.0 billion. On the other hand, with permitting reforms, such as creating a one-stop ombudsman agency to adjudicate conflicting regulations and exercise real clout among the dozens of agencies with a stake in the permitting process, billions could be shaved off that total. Similarly, CEQA reforms could shave additional billions off the total. How much could be saved?

The Sorek desalination plant, commissioned in Israel in 2015, cost $500 million to build and desalinates 185,000 acre feet of water per year. Compared to Carlsbad, Sorek came online for an astonishing one-sixth the capital cost per unit of capacity. While there’s undoubtedly more to this story, it is also undeniable that other developed nations are able to deploy large scale desalination plants at far lower costs than here in California.

Financing costs for water recycling, while still staggering, are (at least in California) not comparable to those for desalination. The GWRS water recycling plant in Orange County was built at a capital cost of $905 million – $481 million was the initial cost, the first expansion cost $142 million, and the final expansion cost $282 million. This equates to a capital cost of $7,300 per acre foot of annual yield. If that price were to apply for new facilities to be constructed elsewhere in the southland, one million acre feet of recycling capacity could be built for $7.3 billion. Until there is direct potable reuse, however, it would be necessary to add to that cost the expense of either constructing storage reservoirs, or decontaminating aquifers for underground storage.

It’s anybody’s guess, but with reasonable reforms to contain costs, and taking into account additional investments in aquifer mitigation, a budget to make California’s Southland water independent might look like this:

  • 1.0 million acre feet from water recycling – $7.5 billion
  • 1.0 million acre feet from desalination – $15.0 billion
  • 0.5 million acre feet from runoff capture and aquifer mitigation – $7.5 billion

Total – $30 billion.
How much again is that bullet train? Water abundance in California vs. high speed rail

While runoff capture, water recycling, and desalination have the potential to make Southern California’s coastal megapolis water independent, it will take extraordinary political will and innovative financing to make it happen. The first step is for California’s voters and policymakers alike to recognize that conservation is not enough, that water supplies must be increased. Once the political will is established, it will be necessary to streamline the regulatory process, so cities, water agencies, and private contractors can pursue supply oriented solutions, at realistic prices, with a reasonable certainty that their applications will be approved.

*   *   *

Edward Ring co-founded the California Policy Center and served as its first president. This article originally appeared on the website of the California Policy Center.

How Much California Water Bond Money is for Storage?    

Drought water cropsCalifornians have approved two water bonds in recent years, with another facing voters this November. In 2014 voters approved Prop. 1, allocating $7.1 billion for water projects. This June, voters approved Prop. 68, allocating another $4 billion for water projects. And this November, voters are being asked to approve Prop. 3, allocating another $8.9 billion for water projects. This totals $20 billion in just four years. But how much of that $20 billion is to be invested in water infrastructure and water storage?

Summaries of how these funds are spent, or will be spent, can be found on Ballotpedia for Prop. 1, 2014, Prop. 68, 2018 (June), and the upcoming Prop. 3, 2018 (November). Reviewing the line items for each of these bonds and compiling them into five categories is necessarily subjective. There are several line items that don’t fit into a single category. But overall, the following chart offers a useful view of where the money has gone, or where it is proposed to go. To review the assumptions made, the Excel worksheet used to compile this data can be downloaded here. The five categories are (1) Habitat Restoration, (2) Water Infrastructure, (3) Park Maintenance, (4) Reservoir Storage, and (5) Other Supply/Storage.

California Water Bonds, 2014-2018  –  Use of Funds
($=millions)

The Case for More Water Storage

It isn’t hard to endorse the projects funded by these water bonds. If you review the line items, there is a case for all of them. This November, voters will have a chance to approve $200 million to restore Salton Sea habitat, a sum that joins the $200 million of Salton Sea habitat restoration approved by voters in June 2018 in Prop. 68. This November, voters will have a chance to approve $150 million to turn the Los Angeles River back into a river, instead of the concrete culvert that was completely paved over between 1938 and 1960.

Who would be against projects like this? But Californians are heavy water consumers in a relatively arid state. Habitat restoration and park maintenance spending must be balanced against spending for water infrastructure. And conservation mandates must be balanced with investments in infrastructure that increase the overall supply of water. Here’s how Californians are currently managing their water:

Total Water Supply and Usage in California

As can be seen on the above table, residential water consumption represents less than 6% of California’s total water diversions. Indoor water consumption, only about half of that. Yet conservation measures imposed on California’s households are somehow expected to enable more water to be returned to the environment. Even with farmers, where conservation measures have the potential to yield far more savings, putting more irrigated land into agricultural production easily offsets those savings.

Not only does conservation fail to return sufficient water to the environment for habitat maintenance, but there is a downside in terms of system resiliency. During the last drought, when households were asked to reduce water consumption by 20%, it wasn’t an impossible request to fulfill. But as these reductions in consumption become permanent, far less flexibility remains.

California’s climate has always endured periods of drought, sometimes lasting several years. Meanwhile, the population continues to increase, farming production continues to rise, and we have higher expectations than ever in terms of maintaining and restoring healthy ecosystems throughout the state. We cannot merely conserve water. We need to also increase supplies of water. Ideally, by several million acre feet per year.

How Much California Water Bond Money is for Surface Storage?

Prop. 1, approved by voters in 2014, was called the “Water Quality, Supply, and Infrastructure Improvement Act of 2014.” It was marketed as necessary to increase water storage in order to protect Californians against droughts, and was overwhelmingly approved by over 67% of voters. But only about one-third of the money actually went to water storage, and it took nearly four years before any of those funds were allocated to specific storage projects. It was only this month, July 2018, that the California Water Commission awarded grants under their “Water Storage Investment Program.”

A review of these grants indicates that only two of them allocate funds to construct large new reservoirs. The proposed Temperance Flat Reservoir will add 1.2 million acre feet of storage. Situated south of the delta, it will be constructed on the San Joaquin River above a much smaller existing dam. It is estimated to cost $2.7 billion, and the California Water Commission awarded $171 million, only about 6% of the total required funds.

The proposed Sites Reservoir is situated north of the delta, west of the Sacramento river. It is an offstream reservoir, meaning that it will be filled using excess storm runoff pumped out of the Sacramento river during the rainy season. It is designed to store up to 1.8 million acre feet of water and is estimated to cost $5.2 billion to construct. The California Water Commission awarded $816 million, a large sum, but only about 16% of the total required funds.

Two other surface storage projects were approved, expansion of the existing Los Vaqueros and Pacheco reservoirs. Both of these reservoirs serve water consumers in the San Francisco Bay Area, both are supplied water via the California Aqueduct, and both expansion projects are estimated to cost not quite a billion dollars – $795 million for Los Vaqueros and $969 million for Pacheco. The California water commission awarded Los Vaqueros $459 million, and they awarded Pacheco $484 million.

When you consider surface storage, the total capacity of a reservoir is a critical variable, but in many ways more significant is the annual “yield.” This is the amount of water that on average, over decades, the reservoir is planned to deliver to water consumers in normal years. While the Los Vaqueros and Pacheco reservoir expansions combined will add roughly 250,000 acre feet of storage capacity, most of this added capacity is to save for drought years. Los Vaqueros may actually yield up to 35,000 acre feet per year in normal years; Pacheco may yield around 20,000 acre feet per year in normal years.

With respect to annual yields, the case for the much larger Sites and Temperance Flat reservoirs becomes more compelling. The Temperance Flat Reservoir is projected to yield 250,000 acre feet of water in normal years, the Sites Reservoir, a massive 500,000 acre feet. To put this in perspective, 750,000 acre feet represents 20% of ALL residential water consumption in California, or, put another way, each year these reservoirs will yield a quantity of water equivalent to 100% of the reductions achieved via conservation measures imposed on California’s residents during the drought. But will they ever get built?

According to spokespersons for the Sites and Temperance Flats projects, some federal funding is expected, but most of the funding will be from agricultural and urban water districts who will purchase the water (as well as the right to store surplus water in the new reservoir) as soon as its available. The projects still require congressional approval, and then will face a multi-year gauntlet of permit processes and the inevitable litigation. If all goes well, however, both of them could be built and delivering water by 2030.

How Else is Water Bond Money Being Used to Increase Water Supply?

All three of the recent water bonds had some money allocated to invest in water supply. Prop. 1 in 2014, in addition to investing $1.9 billion in surface water storage, allocated $1.4 billion to other projects intended to increase water supply. The projects they approved are either intended to store water in underground aquifers, or fund advanced water treatment and recycling technologies which have the practical effect of increasing water supply. While it isn’t clear from these groundwater storage proposals how much water they would then release in normal years, it appears that cumulatively the projects intend to eventually store as much as 1.0 million acre feet in underground aquifers.

At a combined cost total cost of under one billion, the aquifer storage projects just approved appear to be more cost effective than surface storage. It is also a critical priority to recharge California’s aquifers which have been drawn down significantly over the past several years, especially during the recent drought.

Prop. 68, the “Parks, Environment, and Water Bond” passed earlier this year, while mostly allocating its $4.0 billion to other projects, did allocate $290 million to “groundwater investments, including groundwater recharge with surface water, stormwater, and recycled water and projects to prevent contamination of groundwater sources of drinking water.”

The upcoming Prop. 3, the $8.9 billion “Water Infrastructure and Watershed Conservation Bond Initiative” that will appear on the November 2018 ballot, invests another $350 million to maintain existing, mostly small urban reservoirs, along with $200 million to complete repairs on the Oroville Dam. Prop. 3 also includes $1.6 billion to otherwise increase water storage and supply, including $400 million for wastewater recycling and $400 million for desalination of brackish groundwater.

It is important to emphasize again that all of the funds allocated in these three water bonds are paying for what are arguably worthwhile, if not critical projects. $6.3 billion for habitat restoration, $6.2 billion for water infrastructure, $1.6 billion to maintain our parks. But despite the worth of these other projects, Californians urgently need to increase their annual supply of water to ensure ecosystem health, irrigate crops, and supply urban consumers. And to address that need, out of $20 billion in water bonds passed or proposed between 2014 and this November, only $5.8 billion, less than one-third, is being used to increase water supplies.

What Other Ways Could Water Bond Money Be Used to Increase Water Supply?

Clearly the most important region to increase water supply is Southern California. Two thirds of all Californians live south of the Sacramento River Delta, while most of the rain falls on in Northern California. One way to increase California’s supply of fresh water is to build desalination plants. This technology is already in widespread use throughout the world, deployed at massive scale in Singapore, Israel, Saudi Arabia, Australia, and elsewhere. One of the newest plants worldwide, the Sorek plant in Israel, cost $500 million to build and desalinates 120,000 acre feet of water per year.

Theoretically – because capital costs in California are far higher than in most of the rest of the developed world – desalination offers a cost-effective solution to water scarcity. Uniquely, desalination creates new water, not dependent on rainfall, not requiring storage for drought years, not requiring redirecting of water from other uses. Imagine if Californians invested in desalination plants along the entire Southern California Coast. Eight desalination plants the same size as the Sorek plant would cost $4.0 billion to build if constructed for the same cost as the one in Israel cost. They could desalinate 1.0 million acre feet per year.

The energy costs for desalination have come down in recent years. Modern plants, using 16″ diameter reverse osmosis filtration tubes, only require 5 kWh per cubic meter of desalinated water. This means it would only require a 700 megawatt power plant to provide sufficient energy to desalinate 1.0 million acre feet per year. Currently it takes about 300 megawatts for the Edmonston Pumping Plant to lift one million acre feet of water from the California aqueduct 1,926 ft (587 m) over the Tehachapi Mountains into the Los Angeles basin. And that’s just the biggest lift, the California aqueduct uses several pumping stations to transport water from north to south. So the net energy costs to desalinate water on location vs transporting it hundreds of miles are not that far apart.

The entire net urban water consumption on California’s “South Coast” (this includes all of Los Angeles and Orange County – over 13 million people) is 3.5 million acre feet. It is conceivable that desalination plants producing 1.0 million acre feet of new water each year, combined with comprehensive sewage reuse and natural runoff harvesting could render the most populous region in California water independent.

Why is Infrastructure so Expensive in California?

The Carlsbad desalination plant in San Diego cost $925 million to build, and it has a capacity of 56,000 acre feet per year. That is a capital cost per acre foot of annual yield of $16,500. How is it that the Sorek desalination plant in Israel cost $500 million to build and has a capacity of 120,000 acre feet per year – a capital cost per acre foot of annual yield of only $4,100? Why did it cost four times as much to build the Carlsbad desalination plant?

This is the prevailing question when evaluating infrastructure investment in California. Why does everything cost so much more? The Sites reservoir is projected to cost $5.2 billion. An off-stream reservoir of equal size, the San Luis Reservoir, was constructed in California in the 1960s at a total cost, in 2018 dollars, of $2.3 billion. That all-in cost includes not just the dam, but also includes pumping stations, the forebay, the intertie to the California Aqueduct, and conveyances to get some of the water over the Diablo Range into the Santa Clara Valley. All of these costs (in today’s dollars) for the San Luis Reservoir, compared to the proposed Sites Reservoir, cost less than half as much. Why?

It’s easy to become enthusiastic about virtually any project that will increase our resiliency to disasters and droughts, improve our quality of life, steward our ecosystems, and hopefully create abundance of vital resources such as water. But when considering the need for these various projects, it is equally important to ask why they cost so much more here in California, and to explore ways to bring costs back down to national and international norms. We could do so much more with what we have to spend.

Edward Ring co-founded the California Policy Center and served as its first president.

California’s Water Storage Failure is Another Example of Dysfunctional Political Leadership

Lake Shasta Water ReservoirIn 2017, when cracks appeared in the Oroville Dam’s spillway, more than 180,000 Californians faced the prospect of floods. The emergency came a few years after Californians had overwhelmingly approved Proposition 1, a ballot measure to spend $7.1 billion on water-storage projects. In the drought-stricken Golden State, where runoff from rain and snowmelt races uselessly into the Pacific Ocean, the proposition won wide support, with voters approving it, two-to-one. But four years after passage, the state water commission has yet to assign a dime of funding for storage.

California once performed miracles in building infrastructure to quench the thirst of its residents and agricultural producers. In the 1960s, Governor Pat Brown oversaw construction of the San Luis Reservoir, capacity 2 million acre-feet. Approved for construction in 1963, it was completed by 1968—five years from start to finish. Those days are long gone. Any surface-storage project now faces years of litigation from environmental groups such as the powerful Sierra Club. At every stage in the construction process, delays of months or years ensue to resolve well-funded lawsuits launched under every conceivable pretext, from habitat destruction to inundation of Native American artifacts.

Nevertheless, the California Water Commission has finally announced its plans to fund new projects with the money from Proposition 1. Many Californians were surprised to learn that the proposition’s fine print stipulated that only a third of the money was ever intended to fund water storage. The rest is earmarked for other projects, ranging from habitat restoration to levee upgrades. Neither the commission nor most of the applicant agencies offer clarity as to how much additional storage the projects will add to California’s normal water supplies in an average year.

Clearly, some of the projects will make a tremendous difference to California’s parched water economy. The proposed Sites Reservoir, to be built just west of the Sacramento River, promises a capacity of nearly 2 million acre-feet; it alone could contribute a half-million acre-feet or more to the state’s water supply even in drought years, and much more in years with normal rainfall. Similarly, the Temperance Flat Reservoir will expand an existing reservoir on the San Joaquin River. Propitiously located south of the delta, this 1.3 million acre-foot construction could contribute 250,000 acre-feet or more to California’s water supply, even in drought years.

To appreciate how much capacity these two projects would add, consider that California’s total residential water consumption — indoor and outdoor combined — is only 4 million acre-feet per year. None of the other proposed projects comes close to matching these two, but in any case, it will be years before this new infrastructure can capture one drop of rain or runoff. The Sites Reservoir application anticipates completion by 2029; the Temperance Flat Reservoir, by 2033. Constant litigation, combined with years of legislation empowering unions and state agency bureaucrats to slow construction, have quadrupled the time required to build — and sent costs soaring. In 2018 dollars, Pat Brown’s San Luis Reservoir cost $672 million; the Sites Reservoir is projected to cost $5.2 billion — seven times as much, for a nearly identical facility.

To eliminate politically contrived shortages, Californians should embrace an all-of-the-above strategy to increase water supplies. They should select projects that yield the best return on investment while they take a hard look at what’s driving construction costs out of sight. Proposition 1 was a mandate to solve a solvable problem — store runoff to eliminate water scarcity. But California legislators have dragged their feet on implementation, betraying their constituents and exemplifying the state’s dysfunctional political culture. When it comes to water issues in California, not just quality of life, but life itself, is at stake.

Water Rationing Laws Exemplify the Malthusian Mentality of California’s Legislators

As reported in the Sacramento Bee and elsewhere, on May 31st Gov. Jerry Brown “signed a pair of bills Thursday to set permanent overall targets for indoor and outdoor water consumption.”

After pressure from the Association of California Water Agencies and others, the final form of these bills, Assembly Bill 1668 by Assemblywoman Laura Friedman, D-Glendale, and Senate Bill 606 from state Sen. Bob Hertzberg, D-Los Angeles, offers water districts more flexibility in enforcing the new restrictions. But the focus of AB 1668, limiting indoor water use to 50 gallons per resident per day, is a step too far. Way too far.

There’s nothing wrong with conserving water. But urban water consumption in California is already low, and squeezing even more out of Californians will be costly and bothersome without making much difference in the big picture. Here is a table showing California’s overall water consumption by user:

Total Water Supply and Usage in California

As can be seen, in a state where total human water diversions total around 65 million acre feet (MAF) per year [1], in 2010 residential customers only consumed 3.7 MAF [2, 3]. According to more recent data obtained by the Sacramento Bee from California’s State Water Resources Control Board, by 2017 the average California resident consumed 90 gallons per day, which equates to around 4.0 MAF per year. Slightly more than half of that is for indoor water, which means that on average, Californians are already consuming less than 50 gallons per day per resident!

So why the new law? We must immediately rule out the desire to save significant amounts of water. On average, Californians are already in compliance with the new restrictions on indoor water consumption, meaning only a minority of households, those over the new cap, will be forced to reduce consumption. And while AB 1668 also mandates individual “water budgets” for outdoor water consumption, even if they cut all outdoor water use by another 20%, that would only save 400,000 acre feet. But at what cost?

THE COST TO FURTHER REDUCE INDOOR WATER CONSUMPTION

Here is a fairly recent analysis of what it costs to implement comprehensive indoor water savings [4]:

Cost to Retrofit a Home to Reduce Water Consumption

That’s a lot of money. But why? How many households are still “overusing” water, if the average consumption is only around 50 gallons per day?

For what it would cost Californians who are not taking their clothes to the laundry mat, who prefer to wash their dishes in the sink, who are not willing to stand under shower heads that cannot rinse soap out of long hair, who don’t want to purchase side loading dishwashers because it hurts their back to load and unload them, how much water will actually be saved? And how does one “overuse” indoor water? Doesn’t it flow down to the sewage treatment plant, where these plants release all that water back into the streams and aquifers, or even in some cases pump the water back uphill to be reused by residents?

THE COST TO FURTHER REDUCE OUTDOOR WATER CONSUMPTION

For outdoor water use, the solutions are even more draconian, and, of course, are disproportionately aimed at people who happen to live in homes with yards. People with lawns where their children play, people with trees that provide shade, people with aesthetically pleasing hedges that offer privacy, people with who love to grow flowers and vegetables – people who love living things. In the short run, these people will be visited by water agency bureaucrats, who will assign a “water budget.” How much will that cost, forcing local water agencies to reach out individually to 12.5 million residential property owners?

In the long run, the costs to manage outdoor water use will get much higher. Every home will need to have two meters, one to measure indoor water use, one to measure outdoor water use. These meters, increasingly, will be “smart,” able to monitor time-of-day use in anticipation of variable pricing depending on when you water. (Don’t water your plants after 9 a.m.!) And eventually, first in new construction, and later in retrofits, every home will have two sources of water supply – one pipe to provide potable water for indoor use, and a separate pipe to provide marginally less potable reclaimed water for outdoor use.

This is epic folly. These conservation measures, as described, are going to cost consumers tens of billions of dollars. When fully implemented, the total annual savings might be around 500,000 acre feet. That’s less than one percentof California’s total human water diversions for agriculture, the environment, commercial, industrial, and residential use.

And not one dime of this money will be instead paying for water treatment, water storage, or desalination projects that could add millions of acre feet to California’s annual water supply.

THE ALTERNATIVE TO THE MALTHUSIAN MENTALITY

Thomas Mathus was an English cleric and scholar living in the early 19th century who developed the theory that global population increases exponentially, while global production increases arithmetically. His theory, and the eventual collapse of civilization that it implies, has enjoyed lasting and ongoing influence. In California, it found its earliest expression in a 1976 speech by Gov. Jerry Brown, who announced that we had entered an “era of limits.” For over forty years now, Governor Brown, and like-minded environmentalists and the politicians they’ve influenced, have embraced the Malthusian vision. But there is an alternative.

One of the most thoughtful and bipartisan visions to counter the Malthusian mentality is offered by the so-called EcoModernists, who in April 2015 published the “EcoModernist Manifesto.” The powerful premise they offer to confront the Malthusians is this: “Both human prosperity and an ecologically vibrant planet are not only possible, but inseparable. By committing to the real processes, already underway, that have begun to decouple human well-being from environmental destruction, we believe that such a future might be achieved. As such, we embrace an optimistic view toward human capacities and the future.”

The devil is in the details, of course. What “real processes” are they referring to? One of the authors, Michael Shellenberger – who just ran as a Democratic gubernatorial candidate in this week’s primary – offers concrete examples. Shellenberger, who runs the nonprofit “Environmental Progress” in Berkeley, is a progressive Democrat. And yet he strongly advocates nuclear power, desalination plants, and permitting suburban housing developments on California’s vast tracts of cattle rangeland.

There is a convergence possible here, of pro-growth progressive Democrats joining independent voters and Republicans to embrace ecomodernism instead of malthusianism. In practical terms, this would mean rejecting rationing of water, energy, land and transportation, and instead investing in infrastructure for the 21st century.  In ideological terms, it would mean rejecting environmentalist extremism rooted in pessimism in favor of economic growth rooted in optimism.

THE HIDDEN AGENDA OF CALIFORNIA’S MALTHUSIANS

California’s voters have not questioned Malthusian policies, partly because they’ve been oversold the environmentalist agenda, and partly because too many of them have been convinced that nothing matters more than the color of their skin or the consequences of their gender. As a result, leftist oligarchs have been left free to consolidate their interests. Water rationing is just one manifestation of policy-driven artificial scarcity. This Malthusian policy also informs suppression of energy development, land development, and sensible investment in road and freeway upgrades. Public money is diverted to preposterous projects such as high-speed rail, while private investment in energy and housing is proscribed to exclude all but the wealthiest players. And those politically connected billionaires then make outrageous profits when their products – energy, utilities, housing – are produced at constant costs but sold at scarcity driven sky-high prices.

The reason Malthusian ideology constitutes the conventional political wisdom in California has little to do with the environment. It has to do with power and profit. These spectacularly wealthy special interest billionaires have coopted politicians, mostly Democrats, to spew the rhetoric of environmentalism and identity politics because it makes them richer, at the same time as it has made everyone else poorer. Everyone knows that California has the highest cost-of-living in the United States. But less understood is where all that money is going. It is going into the pockets of left-wing billionaires. To ensure government complicity, government unions get their cut, in the form of staggeringly over-market rates of pay and benefits.

POLICIES SHOULD NURTURE ABUNDANCE, NOT ENFORCE RATIONING

Permanent water rationing sets a horrific precedent. It also is just the wrong way to solve water scarcity. Let farmers sell their water to cities without losing their grandfathered water rights. For that matter, reform the water rights that allow farmers to buy water for next to nothing. Invest in more surface and ground storage to harvest storm runoff. Build desalination plants on the coast of Los Angeles County – BIG ones like they use in the Middle East, producing millions of acre feet per year – using less energy than the Tehachapi pumps.

Water is life. People should be able to use as much water as they are willing to pay for, and if they are required to pay a slight premium for overuse, that can fund investment in more water infrastructure. But the law as written will impose punitive fines for overuse. For less money than the cost of implementing water rationing, Californians could experience water abundance. From fragrant lawns to a rejuvenated Salton Sea, to not having to choose between taking a shower or doing the laundry, Californians can enjoy a better quality of life.

We don’t have to live in a society defined by Malthusian struggle. We can create abundance of water and energy in ways that are largely if not completely decoupled from environmental harm. Conservation has its place but when it is the only solution and is not accompanied by increasing supply it reveals its hidden agenda: Greed for money on the part of the firms that manufacture the instruments of conservation, greed for power on the part of the politicians that enforce conservation, and a contempt for the aspirations of ordinary people on the part of environmentalists who have let their principles run amok.

Nobody should have to submit to monitoring of how they use water and submit to punitive fines if they use more than our ration. The idea that everyone has to submit to draconian restrictions on their water use is ridiculous. It comes from a Malthusian mentality that is admirable in moderation and tyrannical in the extreme.

REFERENCES

Permanent Water Rationing is Coming to California, January 17, 2018

Increasing Water Supply Must Balance Conservation Measures, February 21, 2017

California’s Misguided Water Conservation Priorities, August 27, 2016

FOOTNOTES

(1) Total Precipitation in California during wet, average, and dry years:
California Water Supply and Demand: Technical Report
Stockholm Environment Institute
Table 2: Baseline Annual Values by Water Year Type and Climate-Scenario (MAF)
http://sei-us.org/Publications_PDF/SEI-WesternWater-CWSD-0211.pdf

(2) California water use by sector:
California Water Today
Public Policy Institute of California
Table 2.2, Average annual water use by sector, 1998–2005
http://www.ppic.org/content/pubs/report/R_211EHChapter2R.pdf

(3) California urban water use by sector:
California Dept. of Water Resources
2010 Urban Water Management Plan Data – Tables
Download spreadsheet “DOST Tables 3, 4, 5, 6, 7a, 7b, & 7c: Water Deliveries – Actual and Projected, 2005-2035”
http://www.water.ca.gov/urbanwatermanagement/2010_Urban_Water_Management_Plan_Data.cfm

(4) Cost for water efficient appliances:

Water Saving Potential of water-efficient appliances (Source: USGS)
https://water.usgs.gov/edu/activity-percapita.php

California Water Plan Update 2013 Chapter 3 – Urban Water Use Efficiency
http://www.water.ca.gov/calendar/materials/vol3_urbanwue_apr_release_16033.pdf

Cost to purchase and install various water-saving appliances:

Cost (including installation) for a tankless water heater
https://www.bankrate.com/personal-finance/cost-of-tankless-water-heater/

Cost (including installation) for a water efficient dishwasher
https://www.consumerreports.org/cro/news/2015/04/dishwashers-that-save-water-energy-and-money/index.htm

Cost (including installation) for a water efficient clothes washer
ps://www.homeadvisor.com/cost/kitchens/install-an-appliance/

Cost (including installation) for a low flow toilet
https://www.remodelingexpense.com/costs/cost-of-low-flow-toilets

California’s new water restrictions send residents fleeing to saner states

Water Drought Sprinkler“Please sir, I want some more,” is no longer a sentiment just for Oliver Twist in the orphanage. A new law in California limits how much water can be used by each household. Now their showers, how many flushes, and how often they can do their laundry will be under the watchful eye of the state government.

This from politicians who have pushed policies creating homeless and drug abuse crises throughout the state. They have now decided to clamp down on the use of the most basic needs of civilized living.

As the blog Zero Hedge put it, “it’s now against the law to do laundry and shower on the same day in the Sunshine State,” and they’re not exaggerating. Under the guise of addressing “climate change,” the new bill rations water to a degree that makes it impossible to maintain a healthy home environment.

Perhaps the state wants everyone to feel like the drug addicts living in California’s ever-expanding homeless tent cities?

Zero Hedge reported, “Assembly Bill 1668 is where it gets personal. This establishes limits on indoor water usage for every person in California and the amount allowed will decrease even further over the next 12 years. …”

Click here to read the full article from the Washington Times