Regulating the drought in California, Ctd

Groundwater pumping in California.  Photo: General Physics Laboratory.

For the first time in the Public Policy Institute of California's polling history, Californians now list 'water and drought' as the most important issue facing the state, almost twice as important as 'jobs and the economy.'  No wonder, then, that water law reform is developing quickly.  Last week the state Senate passed a bill that would finally make data from well logs (showing well location and depth) a matter of public record.  California had been the only Western state that did not provide public access to well logs.  According to stakeholders, the drought has precipitated rapid shifts in public opinion on water regulation:

This is the third time that Pavley has introduced legislation to make the well logs public. The data have been restricted to the well owner, the Department of Water Resources, and selected state agencies for more than 50 years. The Legislature required well drillers to file the completion reports starting in 1949, but two years later lawmakers, at the request of well drillers who claimed the information was a trade secret, halted public access to the documents.

Times have changed. John Hofer, executive director of the California Groundwater Association, which represents well drilling companies, said the organization will not oppose the bill.  “We’re not going to stand in the way,” Hofer told Circle of Blue. “It’s not an issue for us now. We’re not going to fight it. It’s coming.”

The legislation is a good start, but remains incomplete for two reasons.  First, because while the logs are made public, the actual owners and users of those logs remain confidential.  Public shaming of excessive water users in Silicon Valley led to California tightening public access to water consumption records in the late 1990s.  Public shaming may not be the most effective route towards use reductions, but knowing who is operating and using wells is important for groundwater management.  And that leads to the second concern: California water laws still lack a mechanism to monitor and distribute actual extraction data.  In other words, well users still aren't required to report how much water they're using.  Until then hydrological models will estimate supply and demand, but the legislature still has work to do to make extraction data more accessible.  Still, if public opinion on the drought remains steady, more reforms to California water law are sure to come.  Stay tuned.

Regulating the drought in California, Ctd

On the Public Record, a pseudonymous blogger on California water issues, responds to my post outlining some drawbacks to bottom-up water management with an interesting observation on government discourse:

This is the second time we’ve needed people who are employed by universities, not water agencies to tell us this.  There is certainly no will to acknowledge this from within the state bureaucracies.  Local agencies are not magic: some are good, some are inept, some are overwhelmed.  We will find out which ones are which, but we’ll have lost years to the process.

Sacramento Delta.  Photo: Daniel Parks.

The stakes are so high in the California water sector I'm not surprised government agencies are keeping their heads down.  Groundwater regulations can ensure some measure of fairness between users and long-term sustainability, but there's no doubt reforms will turn some status quo winners into losers, and some losers into winners.  As a case in point, Maven's Notebook has a blog roundup on this week's California water news which features, in addition to this blog, an article demonstrating the trade-offs between endangered species, urban populations, and agriculture in the Sacramento-San Joaquin Delta.  There isn't an easy solution for water managers: 

Given tight water supplies, there’s little doubt that this additional water flowing from the Delta could have been used for other purposes. But some of the fish species that depend on the Delta are struggling mightily during this drought. Reallocating more water to other uses almost certainly would have caused further environmental harm, and increased the chances of stricter future regulations to protect endangered fish. 

The South Florida Water Management District orchestrates a similar balancing act between water needed for the Everglades, the sugar industry, and coastal populations.  Florida's water management districts are relatively well-funded and staffed, yet groundwater management still presents problems.  Local agencies in California now have to bear the responsibility for making complex trade-offs between groundwater users whether they are prepared for it or not.  Let's hope the legislature gives them the support they need.