CIRS Blog about Rural California
WASHINGTON — The lead author in the House of Representatives of a big and controversial California water bill that passed last year is back for more.
With a Republican in the White House and the GOP controlling Congress, Rep. David Valadao, R-Calif., said Tuesday that he was hoping to build on last year’s legislation that was loved by farmers and loathed by environmentalists.
The bill scales back an ambitious San Joaquin River restoration program, speeds completion of California dam feasibility studies and locks in certain water deliveries to Sacramento Valley irrigation districts, among other things. Parts of the bill would not have been accepted by the Obama administration, but the Trump team is different.
WASHINGTON — The political terrain appears favorable for a mega-million-dollar irrigation drainage deal, with Congress still fully in Republican hands and California’s sprawling Westlands Water District with influential allies.
But there are complications. One is a legal cloud over a neighboring water district. The other comes with the state’s two Democratic senators, who remain uncommitted.
Legislation putting the drainage deal into effect could be introduced at any time.
“I think I have the support of leadership,” Rep. David Valadao, R-Hanford, said in an interview.
But with that legislation will come a Capitol Hill fight.
Washington — Northern California and Oregon irrigation districts have won a key round in a long-running legal battle as they seek compensation for their loss of water in the Klamath River Basin.
In a 53-page opinion, U.S. Court of Federal Claims Judge Marilyn Blank Horn concluded the federal government’s 2001 diversion of Klamath River Basin water amounted to a “physical taking” of the irrigation districts’ property. Horn’s ruling Dec. 21 rejected the government’s argument that the diversion instead amounted to a “regulatory taking.”
The technical-sounding difference could shape the final dollar-and-cents’ outcome. As attorney Josh Patashnik put it in a Santa Clara Law Review article, a judge’s determination of a physical rather than regulatory taking “often plays a central role in determining whether property owners are paid compensation.”
WASHINGTON — President Barack Obama on Friday quietly signed and bequeathed to President-elect Donald Trump a massive infrastructure bill designed to control floods, fund dams and deliver more water to farmers in California's Central Valley.
While attempting to mollify critics’ concerns over potential harm to the Sacramento-San Joaquin Delta, Obama signed the $12 billion bill in a distinctly low-key act. The still-controversial California provisions were wrapped inside a package stuffed with politically popular projects, ranging from Sacramento-area levees to clean-water aid for beleaguered Flint, Michigan.
“It authorizes vital water projects across the country to restore watersheds, improve waterways and flood control, and improve drinking water infrastructure,” Obama stated, adding that “help for Flint is a priority for this administration.”
Dubbed the Water Infrastructure Improvements for the Nation Act, the bill passed both House and Senate by veto-proof margins following years of maneuvering and debate. Obama’s signature was never really in doubt, though administration officials had previously resisted some of the specific California provisions.
California's labor force in summer 2016 was 19.1 million, including 18.1 million who were employed. Los Angeles County has a labor force of five million, followed by 1.6 million each in Orange and San Diego counties, and almost one million each in Riverside and San Bernardino countries, that is, the five major southern California counties have almost 55 percent of the state's labor force.
About 16.5 million California workers are employed in nonfarm wage and salary jobs; there are 430,000 hired farm workers. Four sectors include two-thirds of the state's wage and salary workers: trade, three million, followed by professional and business services, education and health services, and government, which each employ 2.5 million.
The 2015-16 water year was close to normal; the state's 154 major reservoirs held almost 22 million acre-feet of water on April 1, 2016, more than 85 percent of normal. Federal and state farm water contractors are likely to get half or more of the water that they want. Each water district contracts for a specific share of the surface water available to the federal Central Valley Project and the State Water Project, and CVP and SWP managers provide a percentage of each district's contracted water based on availability.
The California water system accumulates water as snow in northern California mountains and moves the water south via the Sacramento-San Joaquin river delta as the snow melts in summer. However, pumping water from the delta into the aqueduct that moves water south is often restricted to preserve juvenile fish that can be sucked into the pumps.
California’s two Democratic senators remain somewhat out of sync over proposed water legislation, underscoring its ambiguous future on the eve of a big hearing.
Four months after Sen. Dianne Feinstein’s introduction of her latest California water package, Sen. Barbara Boxer is still evaluating the 185-page bill. Her wait-and-see attitude hints at complex undercurrents, as she supports some parts of Feinstein’s bill while seeking more feedback about other parts.
Westside farmers got dismal news April 1 when the U.S. Bureau of Reclamation announced a 5 percent water allocation for 2016.
Farmers say the paltry allocation will mean thousands of acres in one of the nation’s most productive farming regions will continue to be fallowed.
“This is going to hurt,” said Sal Parra, a westside grower who farms various crops. “We have already fallowed about 5,000 acres and cut back our workers’ hours. It’s like we can’t get ahead.”
The San Joaquin Valley, especially the westside, has been hit especially hard by a four-year drought. In the sprawling Westlands Water District, officials say at least 200,000 acres will not be farmed because of a lack of water.
Over the last two years, farmers in Westlands have received a zero water allocation from the Central Valley Project – the system that supplies water to farmers from the Sacramento-San Joaquin River Delta.
WASHINGTON —The White House on Tuesday unveiled several billion dollars’ worth of corporate commitments to water research and development during a high-level summit.
Pegged to World Water Day, the summit was intended to draw attention to specific state and corporate pledges as well as new Obama administration initiatives prompted in part by Western states’ drought and the Flint, Michigan, drinking water scandal.
The corporate promises include a commitment by GE to invest $500 million over the next decade on water and reuse technologies, and a pledge by San Francisco-based Ultra Capital to invest $1.5 billion in decentralized “water management solutions.”
Democratic Sen. Dianne Feinstein on Wednesday relaunched a big California water bill, in what might be cast as the triumph of hope over experience.
Unveiling her third proposal in the past two years for ways to divide California’s water supply among many competing interests, Feinstein packaged her latest 184-page measure as a reasonable compromise that draws the best from past Capitol Hill efforts.
“Drafting this bill has been difficult, probably the hardest bill I’ve worked on in my 23 years in the Senate,” Feinstein said. “But it’s important, and that’s why we’ve been working so hard, holding dozens and dozens of meetings and revising the bill over and over again.”
As part of the bill’s unveiling, Feinstein disclosed words of encouragement from parties who usually are on opposite sides of the water battle, including Rep. John Garamendi, D-Walnut Grove, and water agencies that serve agricultural interests, including the South Valley Water Association, the Westlands Water District and the Kern County Water Agency.
Washington -- The now-distant December of 1988 was a big month for California water lawsuits that would last a generation and eventually land in Congress’ lap, where their ripples linger to this day.
Each of the two major lawsuits, introduced within weeks of each other 27 years ago, offers enduring lessons – in law, in politics and in the long, long time it takes to get things done in Washington.
“Nothing is easy around here,” Rep. Jim Costa, D-Fresno, said Jan. 13. “Not even a motherhood resolution is easy.”
WASHINGTON -- Angry California Republicans threw in the towel late Thursday, conceding that a California water bill that had divided the state was dead for the year.
In a remarkably acrimonious ending to negotiations that once seemed close to bearing fruit, GOP House members acknowledged the bill’s failure while putting the blame squarely on California’s two Democratic senators, Dianne Feinstein and Barbara Boxer.
“It’s dead, unfortunately,” Rep. Ken Calvert, R-Corona, said in an interview Thursday afternoon, adding in a later statement that “our good faith negotiations came to naught.”
The utter collapse of negotiations means a California water package that in its latest manifestation spanned 92 pages will not be slipped into a much larger, much-pass omnibus federal spending package needed to keep the federal government open. If legislative efforts are revived, they will come in the new year.
“That land is so rich you could eat it with a spoon!” exclaimed Tom Willey, a pioneering organic farmer in Madera, referring to the swath of land on the west side of the San Joaquin Valley that makes up the Westlands Water District. Willey would know. He has farmed for a stint in Westlands and has farmed in the Valley for decades.
He went on: “They used to say that any idiot could be a good farmer out there because the soil was just so fertile. It was true, absolutely true. And there’s no question that, under a different set of circumstances, 160-acre farms could have been successful out there.”
That figure, 160 acres, is significant. Until 1982, there was a law on the books – the 1902 Reclamation Act – that limited the size of farms allowed to use government-subsidized irrigation water across the western U.S. to just 160 acres. That’s much, much smaller than the kind of massive-scale agricultural development that characterizes California farming in general and the Valley in particular.
What may sound to modern readers like a quaint rule was actually meant to be an important safeguard against consolidation of land, power and wealth in the developing West.
Most people understand that California agriculture is big, but unless you have spent time in the Valley it’s hard to imagine how vast the industry really is. Farms stretch for uninterrupted miles, sprawling across tens of thousands of acres.
The Westlands Water District spans 600,000 acres (the size of Rhode Island) with fewer than 600 landowners. And farmland values are sky-high in California – the USDA’s 2015 Land Values Summary lists California’s average cropland price at $10,690 per acre.
This makes it nearly impossible for aspiring farmers, whether they’re young folks or former farmworkers, to become farm owners. Had the 160-acre rule been enforced, the situation would be much different; California agriculture, at least in places using subsidized irrigation water, would have been dominated by family-scale farms.
So what happened?
In the late 1970s, a group of Fresno-based activists trained a laser focus on this rule and on enforcement of Reclamation Law to promote small farm development, stirring up a surprising – if forgotten – amount of dust.
National Land for People was founded in 1964 by a journalist, photographer and energetic, populist visionary from Wisconsin named George Ballis. NLP’s goal was straightforward: They wanted small farmers and farmworkers to own the 160-acre parcels that the Reclamation Act promised. They drew their motto – La tierra pertenece al que la trabaja/Land belongs to those who work it – from Mexican revolutionary Emiliano Zapata.
Ballis teamed with a group of people who were committed to bringing attention to the fact that water law was not being enforced in California – and that a small collection of large landowners were getting rich off of government water subsidy.
There was Berge Bulbulian, Armenian raisin-grape grower and self-described “farmer front-man” with a sharp wit and socialist politics; Marc Lasher, a social worker from New York who wanted to work for justice in the “belly of the monster”; Mary Louise Frampton, a young civil rights lawyer with a novel (and successful) approach to suing for enforcement of the law; Eddie Nolan, organizer of African American farmers in the Valley, and Jessie De La Cruz, one of the first female organizers for the United Farm Workers who would go on to put together an important farming cooperative in the Valley. And there was Maia Ballis, George’s “collaborator in life,” joyful co-conspirator and talented graphic artist.
A July 2015 reunion of NLP members. L to R: Mark Lasher, Berge Bulbulian, Maia Ballas, Mary Louise Frampton. Photo Ildi Carlisle-Cummins
Fired up about what they saw as a wave of “water crimes” being committed in the Valley, the small, volunteer NLP team pieced together detailed records of “questionable land deals” in the Westlands Water District.
From a house-turned-organizing-office in Fresno, the group created maps, graphics and a fiery newsletter sharing their findings with thousands of supporters. George Ballis pulled no punches. In the newsletter, he called corporate farming businesses “the biggies.” He further propagandized NLP’s work with a graphic of an oversized dollar bill that read “Westlands Water District” on the top and “2 Billion Dollar Boondoggle” on the bottom, with the line “Paid for by U.S. Taxpayers” running up the side.
Despite their straight-no-chaser rhetoric, NLP made friends in high places, earning the respect of congressmen like George Miller and officials in the Department of the Interior, who oversaw Reclamation Act projects.
In addition to speaking truth to power in the Valley, the group also made many trips to Washington, D.C. NLP members squeezed into a tiny van to drive across the country to testify at congressional hearings, staying at the YMCA on their no-salary budget. Despite Bulbulian’s urging that NLP buy Ballis a three-piece suit to wear for these occasions, he insisted on sporting a long beard and “hippie” clothes to the hearing. Ballis didn’t soften his argument when he was before Congress, either, exclaiming things like, “This isn’t a hearing, it’s a pep rally!”
However, building key political allies was not enough to force the government to stop the existing illegal actions in the Westlands. Scraping together a little money, the NLP hired Mary Louise Frampton in 1974 to sue the Department of Interior for not enforcing the Reclamation Act. Fresh out of law school and 24 years old, Frampton devised a unique strategy for the suit. Against all odds she won a court order halting land deals across the West. The NLP won appeal after appeal – all the way to the U.S. Supreme Court in 1979.
The Valley buzzed with controversy. NLP members were labeled “communists.” Even as Valley newspapers wrote of “the biggies” preparing for battle, Maia Ballis reported that, “It looked like we had won!”
When the Department of the Interior held hearings on the proposed rules and regulations that they would then use to enforce the law, members of the NLP received death threats. Frampton remembers an FBI agent standing guard outside her motel room in El Centro as protection while she prepared to testify.
Growers went to outrageous lengths to silence the NLP. According to Frampton, they flew helicopters over the outdoor hearings to drown out testimony and pulled in huge farm equipment to kick up clouds of dust over the grandstands.
And then, in 1980, former California Gov. Ronald Reagan strode into the White House, bringing with him a whole new administration – and Department of the Interior leadership. Some activists speculate that promises to overhaul the Reclamation Act helped him get elected.
Whether or not it was a campaign promise, Reagan’s administration worked with Congress to pass the Reclamation Reform Act. Defenders of the new law claimed Reagan’s changes “modernized” the act, updating it to reflect the costs of farming in the 1980s. From the NLP point of view, the law was gutted, with the acreage limitation raised to 960 and the residency requirement eliminated.
Bulbulian read this as a classic capitalist maneuver. “You gamble on breaking the law to make as much profit as possible and then when the law is being enforced you use the profits you made to sway political interests to change the law so your crimes are legal.”
In 1982, NLP admitted defeat on the water issue. Ballis wrote in an NLP newsletter, “We lost not just because of biggie bucks. We lost because what we advocated is against the warp of our time.”
But, he insisted, their work was not over: “The struggle to create a democratic, responsible and sustainable food system goes on. … Now we turn our full attention to creating new cultural, social, economic realities on a small scale.”
In what could be seen as a tactical shift, or possibly as retreat, the Ballises and Lasher uprooted NLP from the Valley, planting it again on 40 acres they called Sun Mountain, east of Fresno at the base of the Sierra Nevada. Here National Land for People morphed into the People Food and Land Foundation, and George poured his boundless energy into building a passive solar house, creating perennial gardens and demonstrating what sustainable living could look like – outside of the reach of “the biggies.”
NLP didn’t win its battle. California farming continued to consolidate, and corporate land holdings ballooned. It’s easy to superimpose 2015 cynicism onto this National Land for People story and wonder whether their Reclamation Act enforcement fervor was foolish.
What is striking about Bulbulian, Maia and George Ballis, Lasher, Frampton and all the other NLP crusaders is the tremendous optimism and idealism that they brought to their work. NLP’s heyday was 30 years ago, not 100, and yet they held an entirely different vision for the Valley – one that would have broken down massive landholdings held by white landowners and transferred them to small farmers and farmworkers of color. They looked at the stark, mostly unpopulated land of Westlands and imagined a string of thriving communities and a base for democracy in the Valley. Their optimism, it seems, was the ultimate political act.
Today, with water on everyone’s mind, Californians have a rare opportunity to rethink how we want to use this precious, and highly subsidized, resource. Is it to deliver profit into the hands of a few? Or is there another possibility?
Tom Willey wistfully reflected, “I once wished to hell I’da had 160 acres out there, really.” For many activists in the California food movement, it’s hard not to agree.
The 2015 legislative year in California started off with a bang, climate policy-wise.
Speaking before the assembled members of the Legislature at his January inaugural address, Governor Jerry Brown outlined several bold objectives for the year 2030, including goals to produce 50 percent of our electricity from renewable sources, reduce petroleum use by 50 percent, and double the energy efficiency of existing buildings.
Perhaps most radical was the Governor’s declaration that “we must manage farm and rangelands, forests and wetlands so they can store carbon.” By this he meant agricultural practices—including many in the organic toolkit—that can draw down and hold atmospheric carbon in soils, perennial crops and conservation plantings.
Furthermore, in his budget proposal, Governor Brown included a new program called the Healthy Soils Initiative that “ensures that our agricultural soils have adequate soil organic matter (SOM). Increasing the amount of SOM from its current levels in soils can provide multiple benefits.” Existing and transitioning organic producers should be among those to benefit from this initiative since soil organic matter is a cornerstone of good organic practices.
The drought was the major farming story during summer 2015.
An estimated 542,000 acres were fallowed in 2015, up from 490,00 acres in 2014, as farmers used about 10 percent less water than in non-drought years. In 2010, agriculture consumed 33 million acre feet of irrigation water, while urban uses, including landscaping, consumed 8.3 million acre feet. One acre foot is 326,000 gallons.
In 2015, agriculture was expected to use about 30 million acre feet of water. The rain deficit between 2012 and 2015 is equivalent to one year's rain, which averages 20 inches across the state.
Senior holders of water rights were required to report how much water they were withdrawing from rivers and streams, and faced fines for taking excess water set at $1,000 a day and $2,500 an acre foot.
Forecasters are predicting record rainfall in California in 2015, as conditions for a wet El Nino rainy season in 2015-16 are apparent in the Pacific Ocean. Most of California's rain is from atmospheric rivers that bring water from the Pacific Ocean inland.
In recent years, fewer winter air currents reduced these so-called Pineapple Expresses, which are like hurricanes without wind. The last major El Nino was in 1997-98.
WASHINGTON —Ever hopeful lawmakers on Thursday conjured the vision of a compromise California water bill that succeeds instead of fails.
It may be a mirage.
But in a long-awaited hearing, the chairwoman of a key Senate committee zeroed in on some specific, concrete details that could be the basis for real-world legislation. Water storage, recycling and desalination projects could be the foundation for a deal, some believe.
“We’ve got some things we can be building on,” said Sen. Lisa Murkowski, R-Alaska. “Clearly, we’ve got some real differences. The way we’re going to work this out is to work together.”
In California’s Central Valley, farmers have been coping with diminishing water supplies, rising water costs, and other impacts of the ongoing drought. At CalCAN’s Climate and Agriculture Summit in March, Tom Willey of T&D Willey Farms discussed the impacts of drought and how he has responded to water shortages on his farm in Madera County.
Since 1981, Tom has grown an array of organic vegetables on his 75-acre farm with his wife Denesse. Specialty markets, restaurants, and Community Supported Agriculture (CSA) members enjoy Tom’s produce. Until recently, Tom served as Slow Food USA’s governor for the Central Valley, and he also advocates for sustainable agriculture through his writing, speaking, event organizing, and his monthly radio program, “Down on the Farm.”
SL: You spoke at our Summit in March about challenges regarding the drought and water issues. Now that we’re in the heat of summer, what’s the status on your farm and the region generally?
TW: We lost a shallow well on the farm in the past month or so, and we had to come up with an alternative supply. Shallow wells are going dry all over the county. It’s impossible to drill a new one or deepen an older one unless you’re already on a waiting list for a driller—most are booked for up to a year or two. On our farm, we plumbed into our deeper (500 ft) irrigation well. This well is designed to pump 1,000 gallons per minute, but at the moment, performance is closer to 650 gallons per minute. What I can say is that another dry winter would definitely spell disaster.
WASHINGTON -- The federal response to the Western drought has been hindered by high-level vacancies, bureaucratic caution and political calculations that have thrown sand in the gears.
Put another way: With more than 70 percent of California now classified in a state of “exceptional” or “extreme” drought, Uncle Sam is floundering.
“We need leadership from the federal government,” pleaded Cannon Michael, a politically engaged farmer from Los Banos in California’s acutely dry San Joaquin Valley.
WASHINGTON — Publicly and privately, California lawmakers are pushing to get a big water bill off its current glacial pace.
But history cautions that California legislation this ambitious always takes time, and plenty of it.
Eight years passed between the introduction of California desert protection legislation and its final approval in 1994. More than a decade was needed to complete a deal protecting the redwood trees of Northern California’s Headwaters Forest Reserve. A San Joaquin River restoration bill took three years.
The common denominator to all of these is Democratic Sen. Dianne Feinstein, again going big with a $1.3 billion California water package. The compelling question is whether negotiators can finally reach an elusive agreement. “Every year, we’ve seen the same movie play out over and over again,” Rep. Jared Huffman, D-Calif., said Monday. “And every year, it ends in the same way.”
Field crop acreages are declining across the state, as water shortages and uncertainties continue to challenge California growers. Water scarcity has forced farmers to fallow land and sacrifice thirsty annual crops for more drought-tolerant perennials.
According to a recent USDA National Agriculture Statistics Survey (NASS) report, acreages are shrinking for several major field crops. Corn, sunflower, rice and cotton are among the victims of this historic drought. California growers planted 430,000 acres of corn this year, 17 percent less than the 520,000 acres planted in 2014. Sunflower acreage has dropped by 20 percent, with 35,000 acres planted this year, compared to 44,000 acres in 2014.