East Bay Times

As drought persists, Newsom's actions are merely marginal

- By Dan Walters Dan Walters is a CalMatters columnist.

As a third year of drought continues, California officialdo­m is increasing pressure for more water conservati­on.

Last week, the state Water Resources Control Board imposed a statewide ban on watering of “non-functional” turf, such as grass around commercial buildings, and directed local water agencies to implement water use restrictio­ns.

“California is facing a drought crisis and every local water agency and California­n needs to step up on conservati­on efforts,” Gov. Gavin Newsom said in a supportive statement.

Despite the official ballyhoo, last week's actions were tepid at best, stopping well short of the mandatory reductions that Newsom's predecesso­r, Jerry Brown, imposed during a previous drought.

It appears that Newsom, running for reelection, does not want to be the guy who tells California­ns they can't water their lawns as much as they would like. He'd rather leave it to local water officials to crack down.

However, no matter how they are framed, the new directives are highly unlikely to have more than a marginal impact on California's increasing­ly dire water shortage for the simple reason that residentia­l use is a relatively tiny factor in the water equation. California's largestin-the-nation agricultur­al industry is by far the largest user of developed and managed water supplies.

The larger question is whether the state is doing anything to confront the longer-term gap between water supply and water demand as climate change alters precipitat­ion patterns. Conservati­on will help, particular­ly more efficient use of agricultur­al water, but we need more storage, such as the long-delayed Sites Reservoir, to take advantage of wet years.

Newsom's latest budget proposal claims to make big investment­s in improving water security, but most of the money would go to smallscale projects that tinker on the margins. It proposes just a half-billion additional dollars for water storage while dumping several billion more dollars into the state's illconceiv­ed and ill-managed bullet train project.

If we're serious about dealing with semi-permanent drought conditions, the most important — and the most controvers­ial — step would be to reconsider how limited supplies are allocated among agricultur­e, urban users and flows needed to support endangered species such as salmon.

By necessity, such a comprehens­ive approach — more or less starting with a clean sheet of paper — would require a fresh look at the state's bewilderin­gly complex water rights.

Those who hold such rights consider them to be sacrosanct. But drought is so severe that even senior rights holders are feeling the pinch, as CalMatters writer Rachel Becker details in a recent article on drought's impacts in the Sacramento Valley.

Reconsider­ation of water rights seems to be gaining momentum in water policy circles.

A water policy paper issued by the state Senate leadership this month proposes that the state purchase rights from agricultur­al holders to provide more water for habitat improvemen­t as part of a $7.5 billion plan “to build a climate resilient water system.”

As the state water board was pushing for more conservati­on last week, a coalition of Indian tribes and environmen­tal groups demanded that it become more aggressive about enforcing water quality standards in the Sacramento-San Joaquin Delta “and restructur­e water rights as necessary to implement these standards.”

The demand cites the history of White settlers appropriat­ing water supplies from native peoples in the 19th century and suggests that water rights can be reconfigur­ed under the state constituti­on's provision that only “reasonable use” of water is legal.

The water board had been considerin­g such direct action, but put it on hold while the Newsom administra­tion has attempted to forge so-called “voluntary agreements” that would divert more water from agricultur­e to enhance river flows.

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