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Central Valley Communities Struggle for Drinking Water: Q&A with Felicia Marcus, California Water Expert

Felicity Barringer
Nov 10 2020

What has been done and what still needs to be done to untangle physical, financial and political barriers blocking fair access to clean drinking water in California?

Embed from Getty Images

East Porterville resident Donna Johnson, left, delivered bottled water to town residents during the multiyear drought in 2015. The small Central Valley city is one of hundreds in the state facing shortages of safe drinking water supply.   David McNew/Getty Images

By Felicity Barringer

Felicia Marcus, former chair, California State Water Resources Control Board.

Felicia Marcus, former chair, California State Water Resources Control Board.   Water in the West, Stanford University

Environmental inequality is pervasive in California’s less wealthy areas; the inequities are stark in small Central Valley communities whose drinking water from home wells has long been polluted. Not just polluted, but in some cases cut off entirely as nearby farms over-pumped local groundwater during the major drought.

As chair of the California State Water Resources Control Board, Felicia Marcus had to confront the issue directly. Marcus, a lawyer who is now the William C. Landreth Visiting Fellow at Stanford’s Water in the West program, headed the Environmental Protection Agency’s Southwest Region under President Bill Clinton, and before that was president of Los Angeles’s Board of Public Works and the western director for the Natural Resources Defense Council.


Here are Felicia Marcus’s answers about what has been done and what still needs to be done to untangle the physical, financial and political barriers blocking fair access to clean drinking water in California.



How many California communities lack safe drinking water? Where are they? How many people live there?

The folks at the State Water Board are working on this. It’s not an easy question to answer precisely, in part because the state and federal rules have only applied to communities serving over 25 people for over 60 days a year so we have pretty good data there. There are lots of people in even smaller systems or on domestic wells that are completely unregulated or lightly regulated at the county level. So a big priority is to get a handle on the entire scope of the issue.

Upwards of 200 to 300 small communities under state jurisdiction are unable to consistently meet state and federal drinking water requirements, and estimates range from hundreds of thousands to more than a million people who are potentially drinking from contaminated groundwater sources across the entire population. These are primarily in the Central Valley, the Salinas Valley, and the Coachella Valley, but there are also quite a few urban systems that are also plagued by contamination that they can’t handle. That total includes the people who get their water from even smaller non-state regulated systems or use domestic wells, which are regulated by the counties or not at all.


What interim measures has the state used to ensure safe drinking water in those areas? Bottled water? How much has that cost and what does it mean for the families that depend on bottled water?

Bottled water has been an emergency band-aid for many. But it should only be a stopgap while you get to a more sustainable structural solution. Fortunately, we got funding to help communities that ran out of water; unfortunately, that was more easy to come by than funding for people using substandard water. That has to change. During the drought, because people were not only drinking contaminated water but had run out of water, we were able to get emergency permission and appropriations that allowed the State Water Control Board, along with the Department of Water Resources and Office of Emergency Services, to drill wells, run pipes, and deliver water to tanks put on front lawns. The state spent many millions on these stop-gap measures. We needed permission as well as money because we needed to help smaller unregulated communities and domestic well users. People don’t realize that one of the most painful things for government employees is that they have to have authority to spend money as well as the dollars to spend.

The best solution is to get people hooked up to a capable water system that can treat, operate, and maintain operations meeting today’s stringent standards. It can take entirely separate treatment systems for contaminants like chemicals, nitrates and other things. Each community can have a different mix of naturally occurring and human-caused contamination. Treatment costs add up quickly.


What are the sources of contamination — or groundwater withdrawal — that leave wells dry or ensure that the water in the wells is contaminated and unsafe?

Two different questions. Wells can run dry for a variety of reasons—heavy drought is of course one of them. Someone else putting in a stronger deeper well is another that we have seen a lot of in unregulated parts of the state. That led to the historic Sustainable Groundwater Management Act of 2014, which finally gave the state authority to regulate groundwater over-pumping, the last state in the West to do so.

Map of California groundwater basins showing prioritization

Map of California groundwater basins showing state prioritization levels. Click for interactive map.   Geoff McGhee/Bill Lane Center for the American West

Contamination is another story, though over-pumping can definitely lead to contamination. Sometimes there is naturally occurring contamination, like Arsenic and hexavalent chrome (known as Chrome 6). They can be mobilized by pumping of certain kinds, and they can also come from pollution. Other times, it has been deposited as a by-product of agriculture (e.g., nitrogen or pesticides), or through industrial practices (e.g., non-naturally occurring Chrome 6, 1,2,3-Trichloropropane). The nitrogen pollution is both from irrigated agriculture and large-scale dairy operations. In some cases you can pinpoint who put it there. In many more, you can’t. In urban areas, you have a witches’ brew of chemicals left from historic industrial use.

Over-pumping can also draw in saline water from nearby aquifers. This happens in coastal aquifers with regularity. It can also happen by moving saline groundwater inland. You really need data to identify where saline plumes are coming from, where they are going, and what pumping is making it happen.

In most urban areas, agencies have the resources to get the data they need to make treatment and management decisions and to treat and blend water to keep it safe. That isn’t rocket science. But in rural areas, or urban pockets, there frequently isn’t the economy of scale or the managerial, technical, or financial resources to do it. New tools are needed.


What are the biggest puzzle pieces in improving water equity? Financial? Or political?

Financing is obviously critical for all sorts of obvious and not-so-obvious reasons. Many of these small systems, let alone domestic wells, are in communities that can’t afford to run systems even if they are built by the state. In one case, the state built a system and the town had to close it — they couldn’t afford to pay for its management and the chemicals needed. But up until last year the state only had the money to help them with what are known as “capital” expenses, like buildings or equipment, not ongoing operations and maintenance like staffing, chemicals, maintenance of equipment, rent.

That’s why it was such a big deal to get legislation passed last year setting aside $130 million annually to subsidize operations and maintenance for small communities. It’s money that can make the difference between well managed systems and ones relying on duct tape and fingers crossed. That’s money the rest of us put up to acknowledge that we are all one state, all Californians, and it is in all of our interests, moral and actual, to see that safe and affordable water is available to all.

Map of state subsidies provided to small disadvantaged communities in California

Map of state subsidies provided to small disadvantaged communities in California.   State Water Resources Control Board

The water board is now working on plans for spending that money. It was the final piece of the puzzle needed to make good on the state’s Human Right to Water goals. As for the bigger communities into which smaller communities might be consolidated, legislation gives the state board authority to order consolidation and subsidize necessary capital costs. It also can now hire “administrators” to take over failing systems or design new ones. It now can subsidize some operations and maintenance expenses and pay for the administrators it had authority but no funding to hire.

You are right to talk about puzzle pieces, because that is definitely what it takes. There is not one way to do this, it’s not a McDonald’s kind of enterprise. It’s like tinker toys, Mr. Potato Head or a puzzle, where you put the pieces together in a way that makes the most sense in each community or constellation of communities. To be effective, you have to work respectfully with communities, so they can choose to pick the puzzle pieces that make the most sense given the unique characteristics of their community, or group of nearby communities.


Concern about inequities in safe drinking water deliveries in California have been around for decades. There has been improvement in areas, like East Porterville in Tulare County. Why did it take so long? What happened in East Porterville? Can it be replicated?

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Map showing East Porterville in Tulare County.

East Porterville lies south of Visalia in Tulare County.   Bill Lane Center for the American West

East Porterville is one of the most interesting cases. It is a large community that looks like a large rectangle cut out of the larger surrounding City of Porterville. There are historic reasons for that, not all of them good. In the midst of the drought, it came to light that East Porterville residents were largely on domestic wells, not connected to the City of Porterville. It was rather obvious that a solution would be to consolidate.

The issue was highlighted not because the water quality in those wells was poor — which it was — but because the community actually had wells run dry during the drought. An amazing woman, Donna Johnson, delivered water out of the trunk of her car. She also was phenomenal, in concert with community activists, in getting word out. Churches and government agencies delivered bottled water and set up showering and laundry stations. The Office of Emergency Services (OES) came in with large tanks to go in front yards and filled them periodically from tanker trucks. Eventually, legislation allowed OES, the state board, and the Department of Water Resources to pool resources and connect those homes to the Porterville system.

It was unusual that we not only got permission to help domestic well owners, but to physically connect them all the way into their homes from the street (these “laterals” are traditionally the homeowner’s responsibility). The East Porterville mobilization and teamwork was great. Mobilization on a smaller scale is happening in various shapes and sizes across the state. The 200-300 state regulated systems with compliance problems will be easiest to get to and will serve the greatest number of people fastest. In many cases, some smaller non-state regulated systems can be consolidated with them or with each other to create viable water agencies. Individual homes with domestic wells will be harder to get to. Some, as in Porterville, will have enough geographic proximity to a water system that they can be consolidated into an agency, or at least have an agency that can oversee and help them get home-scale treatment systems. Domestic wells that are remote will be the most difficult to reach.


Why did it take so long to recognize and fix a significant problem?

It took a long time to act because small systems and domestic wells were seen as a local issue; the state had no authority to help. Over the past decade, community activists, like the Community Water Center, the Leadership Counsel for Leadership and Accountability, and Clean Water Action built the case for action. They first got the Human Right To Water (HRTW) policy passed in 2012, the first state in the nation to have one. They actually got it passed at least twice, because it was vetoed by Governor Schwarzenegger based on objections from larger water agencies. Governor Brown signed it and supported it when it was put on his desk over those same objections. The statute set state policy, which then enabled, and encouraged state agencies to try to prioritize the issue but it didn’t include new authorities, directives, or deadlines. In 2012 and 2013, the state board issued reports illustrating just how serious the problem was. Media attention brought it to light for people all over the state, so the political will was built to do more about it. Activists then spent the next years getting the tools to the state agencies to actually implement policies and programs that could make the aspirations of HRTW real on the ground.


Has there been resistance to efforts to solve the safe drinking water problem? Or is there general agreement that it is a human right?

Embed from Getty Images

California Gov. Jerry Brown holds a chart showing statewide average precipitation as he speaks during a news conference in January 2014 in San Francisco.   Justin Sullivan/Getty Images

I think everyone gives lip service to it, but not everyone is willing to do something about it. For many years it was one of those “out-of-sight, out-of-mind” issues whether in rural areas or urban centers. In 2012, Governor Brown signed the Human Right to Water statute, which started the ball rolling.

Once the issue was elevated, agencies like ours could make it a top priority in all of our programs — funding, enforcement, regulation. Capital dollars came forth in propositions put on the ballot by the legislature. The drinking water program was consolidated into the state board from the Department of Public Health in 2015 in part to give disadvantaged communities a place for technical assistance and “one-stop shopping” for both their water supply and wastewater treatment needs. Things began to move.

Generally arguments revolve around who should pay. Polling has shown that the general public would support a small fee on their water bills to help pay for safe water for all. The water utilities were adamantly against it, seeing it as the “camel’s nose under the tent” for a bigger set of fees like we have in the energy arena, which is understandable but unfortunate. But using general funds for ongoing operations and maintenance is risky. It puts something that must be continually on deck into an annual argument over the general fund, competing with every other human-services need out there out of a pot of money whose size varies considerably, depending upon the economy. No matter the economy, people need clean, safe, and affordable water and sanitation.

In the end, after two years of failing to get the fee under the Brown Administration, Governor Newsom opted to use cap-and-trade dollars, which is causing consternation in the climate world and activists’ concern that it is less certain than a fee. But the argument over how to pay for it cost us a couple of years when we could have been helping more people, so I’m just glad something passed, and hope they find a way to assure more sustainable funding in the near future.


If you could wave a magic wand and make changes in state laws or spending to ensure water equity, what would you do?

I would want a sustained funding source not just for this, but for investments in technology that would benefit everyone. There is an amazing array of new technologies being developed in the arenas of treatment, monitoring, sensors, and big data. These could not only help more people have clean, safe, and affordable water but could also save tons of money and the environment. Institutional support for that kind of research, testing, and dissemination has worked a miracle in the energy arena. We should be doing it for water, too, rather than just fighting over it.

 

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Compiled by Felicity Barringer, Maya Burke, Kate Selig, Francisco L. Nodarse, Devon Burger, and Madison Pobis

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Articles Worth Reading: November 9, 2020

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Articles Worth Reading: October 20, 2020

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Articles Worth Reading: October 12, 2020

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Montana Asks Court to Throw Out Major Public Lands Decisions after federal judge ousted Bureau of Land Management’s (BLM) acting director from his post. The decisions include BLM plans to open up hundreds of thousands of acres for oil and gas drilling. In response, the Department of the Interior argues that former BLM director William Perry Pendley took “no relevant acts” to be thrown out. Pendley served unlawfully for 424 days. The Hill

EPA Grants Oklahoma Environmental Oversight in Indian Country. Oklahoma Gov. Kevin Stitt’s request to the EPA allows the state — not Indigneous nations — to regulate environmental issues in Indian Country. While the decision was welcomed by Oklahoma’s state oil and gas industry, Cherokee Nation and Muscogee (Creek) Nation quickly denounced the decision. “This was a swift move meant to circumvent the federal government's trust, duty and obligation to consult with the tribal nations concerned,” wrote Muscogee Nation’s press secretary in a statement. Washington Post Indian Country Today

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The Votes Cast, a Fat Bear is Crowned in Alaska. Every year, the Katmai National Park and Preserve holds Fat Bear Week, an online competition that allows individuals to vote on large bears, in an effort to raise awareness about the park’s wildlife. This year’s champion? Bear 747 (named in reference to the Boeing 747), weighing in at more than 1,400 pounds. The New York Times

Articles Worth Reading: October 6, 2020

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A Devastating Fire Season Just Keeps Going: to date, California wildfires have consumed four million acres as 8,200 fires in August killed 31 people and destroyed more than 8,400 buildings. Burning through 100,000 acres, the August complex fire in Mendocino County is the largest on record, “at nearly five times the size of New York City.” It is only 54 percent contained by weary fire fighters. Increasing temperatures exacerbate the fires’ intensity; their effects are being experienced at greater distances, as hazardous air quality conditions extend across the continent. The Guardian

An in-depth video shows the severity of California’s fires and what to worry about now, like mudslides. San Jose Mercury News

Canadian Indigenous Groups Looking to Invest in the Keystone XL Oil Pipeline which Indigenous groups in the United States oppose. Four First Nations groups in Alberta and one in Saskatchewan are pursuing an equity interest in the pipeline, signing a memorandum between the pipeline developer, TC Energy, and Natural Law Energy, which represents the Three Maskwacis Nations and the Saddle Lake Cree Nation, in Alberta, and the Nekaneet First Nation in Saskatchewan. The idea is to create a long-term partnership. Neither party explicitly commented on the Indigenous-activist led resistance movement to the pipeline. Members of the Lakota Nation and the Fort Peck Assiniboine Sioux who led a delegation to the U.S.-Canadian border for an anti-pipeline prayer ceremony in mid-summer, described a Native employee of TC Energy “a traitor.” Kallanish Energy Billings Gazette

Snake River Dams Not Going Anywhere After Federal Decision to Release More Water for as much as 16 hours daily to help stabilize the population of fish, particularly Chinook salmon, that have suffered serious decline in the entire Columbia River watershed. The plan adopted by three federal agencies won praise from groups representing farmers and loggers, but skepticism from conservationists and dismissal from the Nez Perce tribe. Boise State Public Radio

Solar Energy Expansion Is in Overdrive in West Texas; the state has 17 solar facilities, including 13 with capacities of at least 100 megawatts of power. With intense sun and large swaths of empty land where major solar farms can spread out, West Texas has long been ideal for solar development. Texas’ free-market approach and loose regulations encourage all big electricity projects, including solar. The cost of developing solar farms has dropped about 40 percent in Texas in the last five years, according to an industry association. Texas Observer

Clam Gardens, Revived on the Beaches of British Columbia, are expanding crustacean habitat using an age-old Native practice of flattening the shoreline with small rock walls and tilling the sand to improve aeration. Using these methods and removing predators like the sea star allows the Wsáneć, Hul’q’umi’num, and Stz’uminus First Nations to expand the habitat for butter, littleneck, and horse clams, plus crabs, chitons, seaweeds, and other useful species. Generations of Native land stewards continued this practice even when overrun by colonial settlers who passed laws criminalizing the work. The Guardian

Articles Worth Reading: September 29, 2020

Knowing How to Fight the Megafires of Climate Change is the daunting task facing firefighters today. Wildfires are behaving in unprecedented ways and the traditional ways to fight them are proving inadequate. The Yellowstone Fire of 1988 was a harbinger of what is now an annual series of catastrophes. Hotter, drier weather increases the scale, power, and frequency of wildfires, which spawn tornadoes and thunderstorms. Once unheard-of Arctic fires produce large volumes of greenhouse gases; every degree Celsius of temperature rise increases lightning activity by 12 percent. Yale Environment 360

Recycling Helps Rid Us of Forever Plastics? No, Say Some Experts. Much recycled plastic, from yogurt containers to bags and “clamshells,” heads not for a new life but landfills. One former executive told a PBS Frontline investigation that selling the idea of recycling meant they could sell plastic. While all used plastic can be repurposed, it’s expensive to pick it up, sort it, and melt it down. KQED

New Mexico Resists a New License for Nuclear Waste Storage Facility. A New Jersey company wants a 40-year license to build a multi-billion-dollar complex near Carlsbad. It would store up to 8,680 metric tons of uranium, packed into 500 canisters. Future expansion could allow up to 10,000 canisters of spent fuel from nuclear plants around the country. State officials told Nuclear Regulatory Commission that the firm’s analysis is incomplete, the site is geologically unsuitable and environmental justice issues are being ignored. Associated Press

A 37-Year-Old Public Trust Doctrine to Preserve Inland Lakes just got a new look from the Nevada Supreme Court. In the precedent-setting 1983 Mono Lake case, the California Supreme Court ruled that the public trust interest in the water, fish and wildlife of the lake meant diversion of the lake’s tributaries must be controlled. Nevada’s Supreme Court just took a different tack, saying the state could not reshuffle existing rights to the Walker River to protect the receding Walker Lake. Ninth Circuit federal appeals judges had send sent the case to the Nevada court; it’s now headed back to federal court. Las Vegas Sun Nevada Independent

Local Control Was the Hallmark of California’s Groundwater Law, but a new study shows the local plans tend to favor large agribusiness over small farmers. Only about 12 percent of 260 new groundwater sustainability agencies include representatives from tribal groups or small farms not already affiliated with local irrigation districts. Estuary

After Four Decades of Combat Over the Efforts to Drill for Oil Under the Arctic National Wildlife Refuge Appear Headed for Success. With the lives and livelihoods of the Indigenous groups of the region at issue, a month ago, the Interior Department cleared the way for bidding on drilling rights. But the voices of the Iñupiat people — some of whom welcome the chance to earn revenue from lands that were once theirs — and the Gwich’in people, for whom the caribou of the region are both a nutrition and cultural linchpin — are seldom heard. A collaboration with of the The Threshold podcast, and the Center for Investigative Reporting. Reveal

Aquariums are Accustomed to Showing the Ocean’s Shallows, Not Its Depths. Now, around the world, they are figuring out how to display the mysterious and remarkable animals of the deep sea. Two years hence, California’s Monterey Bay aquarium hopes to create the first large-scale exhibition of deep sea life and the impact that warming and seabed mining may have on the unseen world. The New York Times

Articles Worth Reading: September 23, 2020

Establishing a New Indigenous Wildfire Task Force is the goal of a California State Senate candidate, Jackie Fielder. As “fire season” becomes increasingly intense, the need for effective fire management practices increases, and Indigenous groups’ knowledge becomes a beacon for forest managers.. Fielder’s plan is based on the Karuk Climate Adaptation Plan, which shows how controlled burns help prevent destructive wildfires. SF Weekly

Recent Fires Destroyed Much of Washington State’s Crucial Sage Grouse Habitat An expert on the birds said that the state’s population of less than 1,000 grouse may have been cut in half as fires burned more than 600,000 acres of forest and sagebrush rangeland this year. Overall, scientists have issued a report showing that grouse populations in nine states have declined 44 percent in five years. Mongabay

Los Angeles Is Working to Turn Recycled Plastic into Pavement and Parking Lots. Three years ago, when China announced it would take no more recycling waste, the federal Energy Department started looking for ways to dispose of the excess piling up in American dumps. The city is working on a project to create asphalt containing recycled plastic and has experimented with the asphalt mix on parking lots and small roads. It is now planning to use it on a major street near Walt Disney Concert Hall. E&E News

The Southwest Is Suffering a Major Bird Die-Off, as thousands of migratory birds have been found dead in recent weeks. The cause of this mass die-off remains unknown, but some theorize that raging western wildfires forced many birds to reroute their migrations, and that exceptionally dry conditions have greatly reduced the presence of insects, birds’ main source of food. Large avian mortality during migration is rare and few instances have been as large as this one. High Country News

Microsoft Has Launched the Second Phase of an Underwater Data Center Experiment , extending work done off the West Coast in 2015 to explore the feasibility of submarine computing. Their Natick Project intended to explore underwater data centers’ potential economic and environmental advantages relative to those on dry land. The findings: a sealed container on the ocean floor could improve overall reliability, given that oxygen and humidity corrode terrestrial centers as they do other modern infrastructure. The team also hopes that offshore data centers could support faster information retrieval over interconnected networks. CMSWire

A “Language Keepers” Podcast Illuminates the Struggle to Keep Indigenous Languages Alive in California. Two centuries ago, as many as 90 languages and 300 dialects were spoken in California. Today only half this number remain. This series explores the current state of four Indigenous languages that are among the most threatened in the world: Tolowa Dee-ni’, Karuk, Wukchumni, and Kawaiisu. It features stories of families and communities across California working to revitalize their Native languages and cultures. Emergence Magazine

Graphics & the West

Where California Grows Its Food

See the most detailed survey ever done of crops and land use in California. It covers nine million acres of land devoted to grapes, alfalfa, cotton, plums, you name it – food for people and animals all over the world. View map »

California's Changing Energy Mix

A look at the energy sources California utilities have used gives us insights into the state’s progress in decarbonizing its electricity supply. In 2015, 35% of total electricity generation (in-state generation plus imported electricity) came from zero-greenhouse-gas sources, which include solar, wind, hydropower, and nuclear. View Graphic »

U.S. Conservation Easements

Conservation easements of various kinds cover more than 22 million acres of land in the United States, according to the National Conservation Easement Database, a public-private partnership. Take a look at our interactive map of nearly every conservation easement, with details on over 130,000 sites. View map »

 

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