In
broad terms, the United States has adequate water supply to meet total
demands. Only one fourth of total renewable supplies are regularly
withdrawn for use, and less than one tenth are used consumptively; the issue
is distribution of supplies and demands. Similarly, in California, total
supplies are ample to meet total demands, but the primary issue is
distribution. Water surpluses and shortages coexist in different regions
due to growing demands and limited increases in supply. Hence, while the
northern one-third of the state accounts for 75 percent of total water supply,
the southern two-thirds accounts for 80 percent of demand. The inequity
manifests itself in many ways, including several recent proposed housing
developments stopped in Southern and Northern California because developers
have been unable to guarantee long-run water supplies.
Historically,
increasing water demands in California were met by large new water
developments, including dams, conveyance facilities, and reservoirs; and by
groundwater pumping. However, very few large surface supply projects are
built today (the MWD East Side Reservoir being a notable exception) because of
a lack of suitable sites, high costs, and environmental concerns.
Moreover, groundwater is not always a suitable backup source because many
groundwater basins in the state are seriously overdrafted.
Concurrently,
municipal, environmental, and agricultural demands are shifting. Cities
need increased and reliable supplies of good quality water to accommodate
population and commercial and industrial growth. Environmental uses for
water for habitat and species preservation represent a growing segment of
total demand. Farmers need improved water supply reliability to avoid
the drastic impacts of the type they suffered in the 1987-1992 drought.
Consequently, some
reallocations of existing supplies have begun and further reallocations will
be required to meet the projected growth in California population from 34
million currently to 59 million by 2040. The use of markets and
voluntary transfers for reallocations offers an important and appealing
alternative to traditional “command and control” allocations.
Interestingly, water
has been transferred voluntarily within California for decades. Farmers
throughout the state have transferred water regularly within their districts.
Government or agency-run water banks have moved water which is surplus in one
area or at one time to other areas or periods which are in deficit.
More recently,
agricultural to urban transfers have become more common. In some cases,
cities have purchased rights to water previously used on agricultural lands
that are considerable distances from the city boundaries. In other
cases, cities have purchased supplies of water much greater than their current
needs and occasionally the land with which the water is associated.
Hence, rural to urban transfers have moved from somewhat small, incremental
shifts to, in some cases, highly publicized transactions. Examples
include the arrangements between Metropolitan Water District of Southern
California and Imperial Irrigation District (IID) and between IID and San
Diego County Water Agency.
While
the number of such transactions is increasing, it is still very small compared
with several other states. In Colorado, for example, transaction costs
are minimal because the water market is fully operational. In
California, however, the dual system of riparian and appropriative water
rights adds a very large dimension of complexity. Riparian rights are
highly valued and give the owners of land the right to divert water flowing by
their land so long as the water is used for reasonable and beneficial
purposes. Appropriative rights may be acquired regardless of whether the
land on which the water is used is immediately proximate to the stream, so
long as the water is used reasonably and beneficially and is in excess to
water from the same stream used by diverters with higher priority.
Disputes over water rights frequently end up in litigation and perpetuate Mark
Twain’s saying that “Whiskey is for drinking and water is for fighting.”
Nonetheless, the
number and size of voluntary transactions in California should increase.
The state will continue to grow, and cities and industries will be creative in
obtaining the water they need. Second, changes in federal farm programs
and low commodity prices will cause more farmers to consider water sales and
water leases to increase enterprise profitability. Third, the Central
Valley Project Improvement Act, CALFED Bay-Delta program, changing Colorado
River allocations, and other provisions will force the urban, environmental,
fishing, and agricultural stakeholders to seek solutions which offer something
to everybody.
Water transfers and
water rights issues will be at the heart of future water availability in
California. Both will become a far greater part of the California water
vernacular and will be key to the availability and costs of future water
supplies. Everyone in the state will be affected.