Showing posts with label water grab. Show all posts
Showing posts with label water grab. Show all posts

April 14, 2018

Rare desert spring imperiled by company's plan to pump groundwater

Bonanza Spring nourishes an oasis of plants and trees in the Mojave Desert. (Photo: Jay Calderon/The Desert Sun)

Ian James
The Desert Sun


Below the rocky, sunbaked ridges of the Clipper Mountains in the Mojave Desert, a ribbon of green teems with life.

Cottonwoods, willows and reeds sway with the breeze. Crickets chirp. Bees buzz around shallow pools.

Clear water gushes from a hole in the ground, forming Bonanza Spring, the largest spring in the southeastern Mojave Desert.

This rare oasis is at the center of the fight over a company’s plan to pump groundwater and sell it to California cities.

Cadiz Inc. is proposing to pump an average of 16.3 billion gallons of water each year for 50 years. The company says the project won’t harm any of the springs in the area, and it recently presented a study in which researchers concluded Bonanza Spring wouldn’t be affected by its groundwater pumping.

Now other researchers have come to the opposite conclusion, saying in a new study that Bonanza Spring is likely connected to the same aquifer where the company plans to draw water from wells, and that the project would put the spring at risk of drying up.

Andy Zdon, a hydrogeologist who led the study, analyzed water samples from the spring and determined that unlike other nearby springs, which are fed by rainfall that collects in relatively shallow underground sources, Bonanza Spring flows with water that comes from much deeper underground.

Zdon said the research points to a “hydraulic connection” between the spring and the aquifer that Cadiz intends to use, indicating the spring would probably be affected by the decline in the water table.

“The spring is going to be highly susceptible to drawdown from the pumping,” Zdon said. “It would likely dry up.”

The study, which was published Friday in the journal Environmental Forensics, involved a chemical analysis of water from Bonanza Spring and other springs in Mojave Trails National Monument. The research was conducted by consulting firm Partner Engineering and Science Inc. and funded by the Mojave Desert Land Trust, a nonprofit conservation group that opposes the Cadiz project.

Zdon and his team analyzed the oxygen and hydrogen isotopes in the water and said the water in Bonanza Spring has different characteristics than several other springs in this part of the desert. The stable isotopes in rainwater vary with latitude and elevation, and Zdon and his colleagues used those “signatures” to examine the sources of the spring water.

They determined that Hummingbird, Teresa, and Chuckwalla Springs are “perched” springs, which are relatively shallow and fed by local rainfall percolating into the ground, but that the water in Bonanza Spring differs from local rainfall and instead matches rain that falls well north of the Clipper Mountains in other mountains in the Mojave National Preserve.

The scientists also found that unlike other springs, the water in Bonanza Spring has similar characteristics to groundwater in the aquifer in the adjacent Fenner Valley — including the Fenner Gap, an area where Cadiz plans to pump groundwater.

Zdon coauthored the research with hydrogeologists M. Lee Davisson and Adam H. Love. They said in the study that Bonanza Spring “has generally been assumed to be a perched spring disconnected from the basin-fill aquifer system,” but that their results indicate it’s likely connected with that larger reserve of groundwater.

And if groundwater levels decline due to pumping, the researchers wrote, that “could result in an uncertain, but potentially substantial decrease in free-flowing water from the spring.”

Cadiz disputed the findings, and scientists who recently studied the spring for the company called the new research flawed.

“Zdon does not account for the existence of two observable geologic faults that fully insulate the Bonanza Spring from any impact from the Cadiz Water Project,” Cadiz President and CEO Scott Slater said in a statement.

In the earlier study commissioned by the Los Angeles-based company, researchers identified two faults that they said block groundwater flowing in fractured bedrock. They said those two “bounding faults” intersect at the spring, and groundwater spills over the faults to form the spring.

The study, which was released in January, was conducted by geologist Miles Kenney and hydrogeologist Terry Foreman, who said the effects of groundwater drawdown around the company’s wells wouldn’t reach the area of the spring due to a “hydraulic disconnect” and faults between the two areas.

The wellfield where the company intends to pump groundwater is located about 1,000 feet lower in elevation than the spring, and about 11 miles away.

In their assessment, Kenney and Foreman wrote that “the spring’s discharge is localized within a fractured rock system that is hydraulically separated from the alluvial regional groundwater system in Fenner Valley located three miles to the east.” They said their research “demonstrates that the perennial spring discharge is controlled by the existence of two bounding faults.”

As part of the research, Kenney mapped the faults and the geology around the spring. During six days of field work, Kenney inspected a tunnel uphill from the spring on the mountainside that was apparently excavated in the early 1900s by miners, and he found a portion of the fault exposed in the wall of the passage. The other intersecting fault zone was also visible.

“Essentially those faults act like dams,” Foreman said. “It’s effectively a subsurface dam that then causes the water to overspill, groundwater to spill over those faults.”

The researchers who prepared the study for Cadiz said the spring’s flow depends on recharge from precipitation in a catchment area that extends over four miles to the north.

“The spring is going to be controlled absolutely by climatic conditions, basically changes in long-term rainfall and recharge above where those faults occur,” Foreman said. “It’s going to be driven by that recharge as opposed to anything that happens in the valley.”

Kenney criticized Zdon’s research, saying “he basically didn’t look at the local geology.”

“We think it’s flawed and it needs to be corrected,” Foreman added.

Arguing over the science

Zdon said he disagreed with the conclusions of the study commissioned by Cadiz. He pointed out that Kenney and Foreman didn’t include a similar analysis of water samples.

“You can’t begin to source where water comes from without looking at the water itself, and they did not do that,” Zdon said.

Zdon previously conducted a survey of more than 300 springs and water holes across the Mojave Desert for the federal Bureau of Land Management during 2015 and 2016. He’s found that most of the springs in the desert rely on local precipitation and may increase or decrease in flow depending on whether it’s been wet or dry.

But Zdon said records from more than a century ago show that Bonanza Spring is different and that its flow has held steady at about 10 gallons a minute. It’s still putting out as much water as it did in the early 1900s, he said, when a pipeline carried water downhill to the railway stop in Danby to fill tanks aboard passing steam engines.

Zdon said other measurements provided additional clues. When a spring depends on shallow groundwater, the water temperature is usually close to the average annual air temperature. But the water in Bonanza Spring emerges from the ground more than 11 degrees warmer, indicating it’s warmed up by the earth deep underground. His team calculated the water must be coming up from more than 750 feet underground.

Zdon also analyzed the water to check for tritium, a radioactive isotope of hydrogen that was released into the atmosphere with nuclear weapons testing starting in the late 1940s. The water in nearby Teresa Spring contains tritium, showing the water fell as rain or snow sometime between the 40s and the present day. But the water in Bonanza Spring contains no tritium, indicating it’s been underground since before those atomic tests.

Zdon said other carbon-dating tests, which weren’t described in their study, have found that the water coming out of Bonanza Spring has been underground for approximately 15,000 years.

“So, between the groundwater ages, the temperatures and the chemistry, looking at it from three different directions, it’s all pointing to the same answer: that this is tied into more regional flow,” Zdon said. “That water has got to be moving towards the Clipper Mountains through the basin-fill aquifer… and seeping through the Clipper Mountains, probably along fractured rocks along the fault zones, and surfacing at the spring.”

On that point, too, the scientists who prepared the report for Cadiz said they disagree based on their observations and their work mapping the faults and reviewing scientific papers. They also studied documents concerning two old mines located about a mile northeast of the spring.

The groundwater levels in those inactive mines are about 150 feet lower than the elevation where water flows from Bonanza Spring, they wrote, suggesting that the faults in the area, which run from the northwest toward the southeast, act as barriers and “groundwater flow is effectively compartmentalized.”

“It’s physically impossible for groundwater to move from the north, across that area where those mines are, to Bonanza Spring,” Foreman said. “Groundwater levels to the north of Bonanza Spring are lower, so there’s no way that groundwater levels can go from a high to a low and then essentially go back uphill. It’s just physically not possible.”

Kenney also reviewed aerial images in mapping the faults and the geology. Cadiz’s research team said they found other geologic signs including an abundance of precipitated minerals along the fault zones, “indicating that the faults can be strong groundwater barriers.”

As part of the study commissioned by Cadiz, 10 hydrologists and geologists visited the spring in December with Foreman and Kenney, and five of them reviewed the report and agreed with the conclusion that the spring wouldn’t be affected by the water project.

Cadiz has proposed to pump groundwater on land surrounded by Mojave Trails National Monument. The company owns 34,000 acres in the desert along Route 66, and it plans to build a 43-mile pipeline to carry water from its property to the Colorado River Aqueduct.

In 2011 and 2012, Cadiz’s proposal went through an environmental review under the California Environmental Quality Act. Orange County’s Santa Margarita Water District served as the lead agency in the review process and certified the environmental impact report. The document repeatedly states that “the physical evidence indicates” the aquifer isn’t connected to the springs and therefore the pumping would have no impact on the springs.

Conservation groups challenged the environmental review in court, but they lost.

Frazier Haney, land conservation director for the Mojave Desert Land Trust, said the new research shows those environmental review documents were based on incomplete science and that the water project poses a serious threat to the spring.

During a visit to Bonanza Spring, Haney walked past blooming brittlebush shrubs and wildflowers to the edge of the spring, where the thick vegetation rustled in the breeze. He said he’s seen mountain lion tracks here. The spring is also frequented by bighorn sheep and bobcats that come to drink, and by migratory birds that forage among the trees.

Frogs and tadpoles swim in the ponds, and dozens of species of native plants grow in the wetland, which stretches a half-mile downhill from the spot where water pours out of the ground.

Walking to the top of a bluff, Haney looked out over the springs.

“It’s a magical place,” Haney said. “Springs like this are one of the most important parts of the ecosystem.”

From the ridges above the spring, you can see the open desert of the Fenner Valley below. It stretches out in a plain between mountain ranges, covered with creosote bushes. Haney pointed out the patch of the desert where Cadiz is proposing to drill new wells.

“Intensive groundwater pumping out here could be devastating for the ecosystem,” Haney said.

His group focuses on buying lands to protect parts of the desert for conservation. It has purchased more than 71,000 acres for conservation since 2006. Some of those lands have been transferred to the federal government and have become part of the Mojave Trails National Monument.

Cadiz’s managers have said they plan to use groundwater that would otherwise gradually flow downhill and evaporate from two dry lakes. On those dry lakebeds, other companies dig trenches in the cracked soil to extract salts left by the evaporating water.

The concept of using water that would otherwise evaporate from the lakebeds is reflected in the company’s formal name for its plan: the Cadiz Valley Water Conservation, Recovery and Storage Project.

“The Cadiz Water Project will stop the annual loss of more than 10 billion gallons per year to evaporation,” Courtney Degener, a vice president and spokesperson for the company, said in an email. “It cannot and will not impact area springs but it will make available new water for 400,000 people, create critical groundwater storage capacity for our region and support 5,900 new jobs in a safe and sustainable way.”

Degener said Zdon’s new study “fails to account for the most current field work and hydrogeological conclusions about area springs, and does not present any new credible findings.”

‘Cone of depression’

Cadiz’s proposal has been hotly debated for years. While pursuing the plan to sell water, the company has been pumping groundwater on its property to irrigate nearly 2,000 acres of farmland, growing lemons, grapes, raisins and other crops.

During President Barack Obama’s administration, federal officials had hindered the project by ruling that the company would need a new permit to build a water pipeline alongside a railroad.

But in October, President Donald Trump’s administration reversed that decision and gave the company a green light. The federal Bureau of Land Management told Cadiz it wouldn’t need a permit to build the pipeline along the railroad right-of-way.

Two environmental groups — the Center for Biological Diversity and the Center for Food Safety — are challenging that decision in a lawsuit. Another group, the National Parks Conservation Association, is suing to challenge a related policy change: a 2017 Interior Department legal opinion that said railroad companies are allowed to lease out portions of their rights-of-way for other purposes without going through a federal environmental review.

Cadiz has said it plans to move ahead with designing and building the water pipeline alongside the railroad.

That plan still could face obstacles, though, because some of the land where Cadiz wants to build the pipeline is owned by the state. And in September, California’s State Lands Commission told the company that any use of the state-owned lands under its jurisdiction would require a lease and its approval.

Opponents of the project seized on the new study, saying it reveals problems in the 2012 environmental review.

“Given this new information, I strongly believe Cadiz’s CEQA review must be reexamined,” Sen. Dianne Feinstein said in a statement Friday. “Cadiz needs to accept this new scientific study and abandon its goal of draining the Mojave Desert of its most precious resource: water. It’s time Cadiz and its investors give up on this desert boondoggle.”

Chris Clarke, California desert program manager for the National Parks Conservation Association, agreed and said the new research “demonstrates Cadiz has used a flawed hydrology model that produced flawed analysis” for the environmental review. He said that process “now must be corrected through additional environmental review.”

The company’s officials have defended the environmental review, pointing out that California’s environmental law is considered more stringent than any federal environmental law and that San Bernardino County in 2012 approved a groundwater management plan — formally titled the Groundwater Management, Monitoring and Mitigation Plan — which sets additional limits for the project.

Cadiz also points to the court decisions upholding the review.

“Peer-reviewed science, physical observations of the region and California’s courts all agree: The Cadiz Water Project will protect the desert environment including Bonanza Spring,” Degener said.

The groundwater management plan details the county’s oversight role for the project.

“It is not anticipated that the Project will have any impact on the springs,” the document says. “Nonetheless, this Management Plan provides for quarterly monitoring of the Bonanza Spring as an ‘indicator spring’ because it is the spring that is in closest proximity to the Project wellfield.”

The plan calls for “baseline and periodic visual observation and flow estimates” and says monitoring wells between the wellfield and the spring would be used to track groundwater levels.

According to the plan, if there’s a reduction in the spring’s flow and it’s determined to be due to the company’s wells, “corrective measures” would include reducing pumping, changing pumping locations in the wellfield or stopping groundwater extraction.

More: Federal policy change criticized for giving ‘free pass’ to controversial desert water project

One of the concerns that Zdon and others raise about Cadiz’s plan is that the pumping would create a “cone of depression” in the aquifer as groundwater flows from surrounding areas toward the company’s wellfield.

The way groundwater drawdown occurs in the desert, Zdon said, “it’s very hard to control what happens once that cone of depression starts building.”

Once the pumping begins to lower the water table, that depressed area of the aquifer would continue to expand for years, even if the pumping were stopped.

Given that dynamic, Zdon said, the monitoring plan “is not sufficient to be protective of the spring.”

“When you lower the water table below a spring system like that, the first thing you would notice is a reduction in surface flow and maybe a complete cessation of any kind of surface water at the site,” Zdon said. “If you see an impact at the spring, it’s probably too late.”

Cadiz’s executives and researchers responded that the sort of monitoring Zdon is calling for is already part of the county’s plan.

Degener said the project “will be regulated by an extensive groundwater monitoring plan enforced by the County that includes the exact kind of groundwater monitoring Zdon recommends and goes even further including monitoring features across the entire watershed.”

There are already two existing monitoring wells, one uphill from Fenner Valley and another close to Danby, Foreman said.

“It’s interesting that the water temperature in those wells is actually higher than the water temperature of the spring,” Foreman said. “And so that water has obviously moved over long distances and it’s 2 to 3 degrees higher in temperature than the spring, so we think that the spring is more local water, and those water temperatures show that separation.”

Kenney and Foreman said some of Zdon’s findings are consistent with their own but they disagree with the conclusions, including that the spring would be fed by recharge from an area far to the north.

“I’m wondering how much of his findings might change if he was to consider the watershed that we considered, not north of the Clippers but just simply the rocks in the western Clipper Mountains,” Kenney said.

Zdon and his colleagues stressed that if the pumping begins, more intensive monitoring would be necessary to protect the spring. They wrote that the groundwater monitoring “should be designed to obtain sufficient early warning of potentially damaging groundwater level decline.”

They said relying on observable changes at the spring would be ineffective, and that drilling monitoring wells close to Bonanza Spring would provide a way of spotting a decline quickly — before it’s too late for the spring.

Their research included not only data collected by Zdon and his colleagues, but also data from a study that researchers from the Lawrence Livermore National Laboratory conducted in 2000 for Cadiz and the Metropolitan Water District, which were working together at the time on an earlier iteration of the project.

That earlier research focused on identifying the recharge area and estimating the amount of recharge. It included geochemical analyses of the water in Bonanza Spring and other springs and wells.

Davisson, who was one of Zdon’s coauthors, also helped carry out that research for Lawrence Livermore back in 2000, and the data was publicly released in August 2017.

Zdon said the data helped confirm his team’s findings.

“We were actually largely using the same analytical techniques in sampling that Lawrence Livermore used back in 2000 on behalf of Cadiz,” Zdon said. “What that did was essentially confirm our sampling, because basically our results 17 years later were nearly identical with what Lawrence Livermore came up with.”

March 25, 2018

Mojave National Preserve releases plan to remove most man-made wildlife water

Most small game guzzlers like this one would be removed or neglected into a non-functioning condition under the new NPS policy.

By JIM MATTHEWS
www.OutdoorNewsService.com


This has happened before.

The Mojave National Preserve released its Management Plan for Developed Water Sources on Tuesday this past week along with the environmental assessment of the plan’s impacts, effectively laying the groundwork for the abandonment or removal of well over 100 historic man-made water sources and developed springs used by wildlife.

Wildlife enthusiasts have been down this road before on the Preserve, when its second superintendent, Mary Martin, directed the removal and destruction of historic cattle water sources that had served wildlife for over 75 years. This was a direct violation of the Preserve’s own management plan that called for the evaluation of the impacts that water removal would have before they were removed. That evaluation never happened, but over 100 water sources that benefitted wildlife were removed that time around.

Now, this week’s document lists four alternatives for action within the plan, but all four would lead to the loss of all but two or three of the developed water sources within designated wilderness areas. It would also lead to the loss of dozens of water sources outside of wilderness.

The impacts on wildlife this would cause within the Preserve are dismissed and not addressed in any detail in the plan, calling the impacts “localized and small,” without any supporting documentation.

The public has a 30-day window (until April 19) to comment on the plan. More information and copies of the plan are available on the Preserve website at this direct address: http://parkplanning.nps.gov/moja_waterplan_ea.

Behind the scenes, the Department of Fish and Wildlife field staff is seething over the NPS’ plan. These are the scientists who are watching decades of their water development work and resulting successes wildlife protection and mitigation for natural water source losses across the desert.

The official DFW statement from Jordan Traverso, Sacramento-based information chief, hinted at the outrage, but was restrained.

“Natural and reliable surface water sources are not always available in the current desert environment,” she said Saturday. “The Department has worked with many partners over the years, including the NPS, to establish and document the importance of reliable water sources for wildlife. Across the California desert and since the early 1950s, wildlife water developments have provided this basic necessity to support and stabilize desert wildlife populations.

“While wilderness protection would guide land managers toward keeping a natural and undeveloped landscape, the wildlife that live in these landscapes deal with the reality of the anthropogenic changes imposed upon them. Though they offer protection, large and wild spaces alone do not necessarily ensure that a viable wildlife population can be maintained in perpetuity given some of those changes on the landscape.

“As wildlife managers, we look forward to collaborating with land managing agencies to ensure that wildlife and the habitat needs they require are secured when making changes to available resources within the landscape.”

Hunting conservation groups feel betrayed. Their decades-long conservation efforts to restore and update these man-made guzzlers, spring developments, and the conversion of cattle water to wildlife water on the Preserve are set to be abandoned or destroyed.

In a nutshell, the plan is an assault on all wildlife within the preserve and spells out the agency’s vision of “wilderness.” That vision comes at the expense of all desert wildlife and virtually all the other mandates called for in the Preserve’s management plan. Those who have battled through the 233 pages of “bias and hypocrisy” have pointed out major flaws common to all alternatives.

Cliff McDonald, the president of Water for Wildlife, a conservation group that has repaired over 160 guzzlers in the past several years, including many on the Preserve before the work was halted there, was outraged by the lack of common sense in the NPS proposal.

McDonald pointed out that the 68 big and small game guzzlers within wilderness occupy less than 3/4s of an acre total ground space of the 804,000 acres of wilderness within the Preserve, but the Preserve staff believes that 3/4 acre impacts “wilderness character” to the detriment of the designation.

“The impact is on one one-millionth of the Preserve’s wilderness. One millionth! How is that impact of the wildness an issue?” asked McDonald. “Don’t the benefits of this water for desert wildlife outweigh the impacts?”

Ironically, even the current Preserve superintendent Todd Suess has admitted to DFW staff that the Wilderness Act doesn’t mandate the removal or abandonment of these historic structures to comply with the wilderness designation. In fact, on nearby Bureau of Land Management Lands, also designated wilderness, maintenance and even construction of new guzzlers has been allowed because of the value to wildlife.

According to opponents of the water plan, the hypocrisy comes in when you realize the plan’s alternatives continue to allow at least two big game drinkers within the preserve’s wilderness because of their documented importance to bighorn sheep, but somehow decided the other wildlife drinkers have no importance.

Yet, the National Park Service has done no assessment to evaluate the impact the removal of the other 66 man-made drinkers will have on all wildlife that currently use those water sources. It has been determined -- apparently by “fiat and lots of hypocrisy” -- that quasi-pristine wilderness is more important than wildlife. Ironically, most of the guzzlers would not be removed or their footprint restored, they would simply remain and allowed to decay until non-functional. So, theoretically, the negative impacts will still exist -- they just won’t serve an important wildlife function any longer. This is simply insane.

The NPS staff is also mandated to protect and maintain historic sites throughout the Preserve, and most of these guzzlers were made in the 50s, as part of a concerted effort by the state DFW to create and enhance water sources for wildlife, even then recognizing the important to mitigate for urban sprawl and loss of historic natural water sources. There has been no effort by Preserve staff to recognize the historic value of these guzzlers or to maintain them for their intended purpose.

The park service has even been obstructing the gathering of data that would show the importance of water for the Preserve’s wildlife. Eight years into a comprehensive deer study on the Preserve, the park service removed its support of the project when it was entering a phase when the importance of man-made water sources would be evaluated and tested by turning on and off some of these sources and measuring impacts. The reason support was removed: It wasn’t going to affect the park service’s decision on how to manage the water sources.

The document also says there are 311 natural springs on the Preserve. Somehow that number has increased in this period of drought from a list of 101 that were found to hold year-around water in the 2008 NPS survey of springs. Many of the 175 suspected springs checked during those surveys proved to be dry or seasonal water sources.

So, how has the number of springs increased?

Is that a fabrication that includes historic (now dry) springs, seasonal seeps, and tenejas? Who knows? Is the number included to make the Preserve seem awash in natural water?

It’s not. It’s a desert and barren of wildlife where there is not available water. Sadly, that includes most of the Preserve’s lands. Where there’s water, the Preserve is a wildlife oasis.

So what is this water removal plan really all about?

That is the mammoth in the creosote that no one is talking about:

Fundamentally, it is about the bias the NPS staff has against the Preserve’s number one visitor: Hunters. Hunters still make up the bulk of the visitation on the Preserve. Hunters are the only volunteers trying to maintain this desert wildlife water since that job was abandoned by the state Department of Fish and Wildlife and never even attempted by the federal land management agencies, like the NPS.

Hunters (and cattle ranchers) are the only reason there is the diversity and quantity of wildlife there is on the Preserve. Over 350 species of birds and mammals have been documented on the man-made water. (So, no, it’s not only about the seven species of wildlife that may be hunted in the desert.) Preserving and adding water in desert is a good thing for all wildlife, and it is a means of mitigating for what has been lost through human activity elsewhere in the Mojave.

But it still sticks in the craw of the National Park Service staff that hunting was allowed on the vast property, and they are willing to sacrifice the Preserve’s wildlife to try to reduce or eliminate the number of hunters. They are willing to abandon 75 years of solid conservation efforts to bring the deer and desert sheep herds back. They are willing to dramatically reduce the numbers and diversity of birds and small mammals for their agenda.

There is no other explanation for this insanity. They all know the Wilderness Act doesn’t mandate actions this extreme. There is simply no other explanation.

Hopefully, enough people will get their federal representatives involved. Maybe then Ryan Zinke, the Secretary of Interior, will hear about this outrageous proposal and have it quietly withdrawn because it clearly violates Interior policy about cooperation with state game agency efforts and a recent policy to enhance recreational opportunities -- like hunting -- where appropriate.

The NPS staff got away with ripping out the cattle/wildlife water and seriously impacted the Preserves wildlife populations over a decade ago. That can’t happen again.

November 16, 2017

Here’s why Cadiz company says it’s taking ‘a little pause’ from its desert water project

A pumping station designed to help Cadiz project researchers understand how quickly water seeps into the earth, migrate to the subterranean lakes. The Cadiz project hopes to pump water that would otherwise evaporate from their unique Mojave Desert site and make it available for municipal use and agriculture. Picture made at the Cadiz project site in the Mojave Desert on Monday, June 1, 2015.

By JIM STEINBERG
San Bernardino Sun


LOS ANGELES--Fresh from gaining the long-sought federal approval for its massive desert water project, Scott Slater, Cadiz president and CEO, said it’s time for the project to “slow down” a bit.

“We are going to take a little pause…and double our effort to allow people to understand this project,” Slater said. “We believe people should support an innovative project like ours.

The Cadiz project involves pumping billions of gallons of water annually from an underground aquifer in a remote part of the Mojave Desert in San Bernardino County. The water would be piped to parts of Orange County and other locations, which could include San Bernardino County. Cadiz water could serve as many as 400,000 people.

This year, with the Trump administration running the Interior Department and Bureau of Land Management, the Cadiz project gained momentum.

The Obama administration had not supported the desert water project.

One environmentalist who has studied and followed the project for years, said pausing at this point strikes an odd note.

“They have waited years for this clearance, and now, after getting the blessing from the BLM, they take a pause?” said David Lamfrom, California Desert and National Wildlife Programs director with the National Parks Conservation Association.

Lamfrom said he believes the pause is really because the California Lands Commission has recently surfaced as a possible stumbling block to the project.

Cadiz downplays that notion.

“We want to be having conversations with stakeholders and decision makers,” Slater said of the company’s focus for the remaining weeks of the year.

Last month the Lands Commission wrote Cadiz, saying the company needs to fill out an application for a lease permit on a 200-foot-wide by 1-mile long slice of the project’s proposed 43-mile pipeline.

However, Cadiz management does not consider the state’s request to be a significant impediment. Whether the proposed use of railroad right-of-way falls within the state’s permit, issued in June 1910, is something for “an impartial judge” to decide, not the state land commission, the company contends.

Cadiz and Slater, are riding a crest, at least on the federal level. Much has changed in the past two years.

Legal turn-around

In October 2015 the Cadiz project was dealt a major setback when the Obama Administration’s Bureau of Land Management rejected the company’s use of an 1875 railway right-of-way to build a critical pipeline.

In statements, Cadiz has said that the BLM’s October 2015 evaluation “not only impeded the Cadiz Water Project but also set a troubling precedent for thousands of miles of existing uses of railroad rights-of-way in the West.”

Things began to change in September. The project got a huge boost when the Interior Department’s Office of the Solicitor issued an opinion which appeared to allow construction of a 43-mile pipeline from Fenner Valley — about 40 miles northeast of Twentynine Palms — to the Colorado River Aqueduct, where it could deliver water to potential customers.

Nevertheless, the opinion didn’t provide a clear green light.

The definitive victory came in October, when Michael D. Nedd, BLM acting director, cemented the government’s about-face in a letter to Slater.

The letter said the BLM’s October 2015 interpretation of the law no longer represents the agency’s viewpoint and has been rescinded. It also said the scope of the proposed activity does not require BLM authorization.

Groups opposed to the project were outraged.

“This just confirms what the administration has been signaling (since Donald Trump was sworn in as president). They will bend heaven and earth to try to move the Cadiz project forward,” Lamfrom said.

Slater has a different viewpoint:

The action of October 2015 was a “bogus act by the BLM” that took “two years for them to get right.”

Support for the project originated, not from the Trump administration, but a broadly based group of business and political leaders who advocated for what they believe is a good project, Slater said.

Labor groups, including North America’s Building Trades Unions, wrote Interior Secretary Ryan Zinke, supporting the project, Slater said.

After receiving the BLM’s favorable ruling, Cadiz said it would turn its attention to final engineering design, contract arrangements with participating agencies and a conveyance agreement with the Metropolitan Water District of Southern California.

Although the engineering plans are proceeding, Cadiz is not immediately applying to the Metropolitan water district for use of pipelines to transport its Mojave Desert water to customers. That will happen early next year, said Courtney Degener, a Cadiz spokeswoman.

Misconceptions

Slater said a major misconception he wants to address stems from an allegation that Sen. Dianne Feinstein made in late September. Feinstein, D-Calif., said allowing Cadiz water into the Metropolitan Water District’s system “could endanger the health of not only Cadiz’s customers but all 19 million Californians who rely on that water.”

Feinstein, who has long opposed the Cadiz project, contends the desert water is polluted with arsenic and Chromium-6.

Although Slater did not mention Feinstein by name, he said no company in California or the United States would be allowed to put water into a drinking water supply pipeline that does not meet state and federal standards.

Shortly after Feinstein questioned the safety of using the desert water, Cadiz issued a statement calling Feinstein’s remarks “irresponsible and not true.”

A state agency tasked with protecting California’s water supply seemed to back up the Cadiz company.

“Any water system that wants to bring on a new source of water must have the new source permitted, which would include sampling the new source for water quality before it was put into use,” said Andrew DiLuccia, spokesman for the State Water Resources Control Board.

Ongoing battle

For a time, the project faced a threat by a Feinstein-backed bill in the state Legislature that would have prohibited the Cadiz water transfer unless the state Lands Commission, in consultation with the Department of Fish and Wildlife, finds the project “will not adversely affect the natural or cultural resources, including groundwater resources or habitat, of those federal and state lands.”

But in early September, AB 1000, the bill to block Cadiz, was itself blocked in the state Senate Appropriations Committee.

A short time later, however, the state Lands Commission, asserted that it owned a 200-foot wide by one-mile long parcel along the path Cadiz plans to use for its 43-mile pipeline.

The Lands Commission’s chairman is Lt. Gov. Gavin Newsom, who along with Gov. Jerry Brown, supported AB1000.

The Lands Commission sent Cadiz an application for it to complete. After Cadiz submits its application, commission staff members will analyze land ownership and the level of environmental documentation to be required before a decision is made, the state agency said in a letter to Cadiz.

The company is questioning the request.

Cadiz will comply with any “lawful condition” imposed by the Lands Commission but does not intend to fill out an application before there can be a discussion about what this state agency is seeking from Cadiz, Slater said.

July 13, 2017

L.A. took their water and land a century ago. Now the Owens Valley is fighting back

The Los Angeles Aqueduct, which transports water from the Owens Valley to Los Angeles, was built in the early 1900s. (Los Angeles Times)

By Louis Sahagun
Los Angeles Times


BISHOP, CALIF. -- A century ago, agents from Los Angeles converged on the Owens Valley on a secret mission.

They figured out who owned water rights in the lush valley and began quietly purchasing land, posing as ranchers and farmers.

Soon, residents of the Eastern Sierra realized much of the water rights were now owned by Los Angeles interests. L.A. proceeded to drain the valley, taking the water via a great aqueduct to fuel the metropolis’ explosive growth.

This scheme became an essential piece of California history and the subject of the classic 1974 film “Chinatown.” In the Owens Valley, it is still known as the original sin that sparked decades of hatred for Los Angeles as the valley dried up and ranchers and farmers struggled to make a living.

But now, the Owens Valley is trying to rectify this dark moment in its history.

Officials have launched eminent domain proceedings in an effort to take property acquired by Los Angeles in the early 1900s.

Owens Valley wants to reclaim its history

It is the first time Inyo County has used eminent domain rules against the Los Angeles Department of Water and Power, which owns 25% of the Owens Valley floor, officials said Wednesday.

Unlike previous battles with the DWP that focused on the environmental and economic damage caused by L.A.'s pumping of local water supplies, the county seeks to pay fair market value for property and water rights needed for landfills, parks, commerce and ranchlands along a 112-mile stretch of Highway 395 east of the Sierra Nevada.

“We’re using a hammer the DWP has never seen before in Owens Valley,” Inyo County Supervisor Rick Pucci said. “Our goal is the future health and safety of our communities.”

The move comes after years of efforts by Los Angeles to make amends for taking the region’s land and water. In 2013, for instance, the city agreed to fast-track measures to control toxic dust storms that have blown across the eastern Sierra Nevada since L.A. opened the aqueduct a century ago that drained Owens Lake.

As a gesture of conciliation, the city a year ago erected a $4.6-million monument of granite and sculpted earth that now rises from a dry bed of Owens Lake. It features a public plaza with curved granite walls inspired by the wing shapes of shorebirds. Sculptures of earth and rock have been made to resemble whitecaps like those that graced the lake’s surface before it was transformed into a noxious dust bowl.

L.A. concerns about giving back land


But in Owens Valley, Angelenos bearing gifts have always elicited skepticism, and occasionally sparked eruptions of violence. The aqueduct was dynamited repeatedly after increased pumping exacerbated a drought during the 1920s that laid waste to local farms and businesses.

Inyo County officials see their effort to take back DWP land as an important step in taking back local control.

That worries DWP officials, who acknowledged they were caught off guard by the action.

“This is brand new. It could be a slippery slope and where it would lead us I don’t know,” Marty Adams, chief operating officer at the agency, said. “The county also wants the water rights on certain properties, which could have a cascading effect. We’re very concerned about that.”

The Inyo County Board of Supervisors directed its staff to study the use of eminent domain after the DWP a year ago proposed a fourfold rent increase of more than $20,000 annually at a landfill in Bishop operated by the county on land it has leased from the DWP for decades, Rick Benson, assistant county administrator, said.

The proposed lease included a clause allowing the DWP to terminate the agreement for any reason with a 180-day notice, he said.

After months of heated negotiations, the county approved the new three-year lease agreement in January because, Benson said: “We had no choice.”

“We’re mandated by the state to provide environmentally sound means of disposal,” he said. “But the cost of abandoning that landfill and building and certifying a new one elsewhere would be astronomical.”

Beyond that, he said, the California Department of Resources, Recycling and Recovery refused to renew an operating permit for the landfill until a new lease was in place on the property.

Valley towns struggling to survive

In March, Inyo County Administrator Kevin Carunchio notified the DWP of the county’s decision to condemn that landfill site and two others in the towns of Independence and Lone Pine. That would set in motion legal proceedings that could lead to its taking ownership from the DWP.

A county appraisal concluded a fair market value for the total 200 acres of $522,000, county officials said. On Monday, the DWP declined that offer, saying it had yet to complete its own appraisals.

Some officials are already raising the possibility of mounting crowd-sourcing campaigns to fund additional acquisitions of DWP land for public benefit.

“The county would obviously like more economic opportunities,” the DWP’s Adams said, “and we support that.”

In the meantime, Owens Valley towns — including Big Pine, Independence, Lone Pine and Olancha — struggle to survive, with most of their developable land and water rights controlled by the DWP.

In 1997, the DWP agreed to relinquish 75 acres in the Owens Valley for residential and commercial uses, and the county amended its General Plan to ensure that land exchanges did not result in a net loss of tax base or revenues. Since then, county officials say, lots on only a fraction of that acreage have changed hands because the DWP has tended to set minimum bids far above market value.

In 2009, a group of Owens Valley residents sent a petition to then-Los Angeles Mayor Antonio Villaraigosa and the Los Angeles City Council urging them to force the DWP to compensate for the loss of private land it planned to buy in the region by releasing an equal amount of its own holdings elsewhere. The city never responded, according to activists who helped write the petition.

The DWP has spent more than $1 billion to comply with a 1997 agreement with the Great Basin Unified Air Pollution Control District to combat the powder-fine dust from the dry 110-square-mile Owens Lake bed.

Separately, after decades of political bickering and a bruising court fight, the DWP directed water back into a 62-mile-long stretch of the Lower Owens River that had been left essentially dry after its flows of Sierra snowmelt were diverted to the Los Angeles Aqueduct. But it later balked at removing thick stands of reeds that swiftly choked the renewed river.

The DWP caused an uproar during the drought in 2015 when it gave ranchers 48 hours’ notice of its intention to reduce their irrigation water from the usual 49,000 acre-feet a year to 20,500 acre-feet a year. The agency abandoned the deadline after Inyo County threatened to seek an injunction to stop what it claimed was a violation of long-term water agreements that would devastate the local economy.

Some itching for a fight with L.A.


Farming and ranching generate $20 million a year in rural Inyo County, second only to tourism, officials said.

Jenifer Castaneda, a Lone Pine real estate broker and community activist, had one word to say about the county’s use of eminent domain: “Awesome.”

Castaneda said she only hopes local leaders are ready for a long fight and that they don’t “cave when Los Angeles dangles some kind of big fat carrot in front of their noses."

May 8, 2015

Project pumping desert water for O.C. to begin next year

Cadiz Valley Water Project
BY TOMOYA SHIMURA
Orange County Register


Construction for a project that will pump drinking water from a Mojave Desert aquifer and pipe it to south Orange County is slated to begin early next year.

Los Angeles-based Cadiz Inc. plans to install wells to capture water from the natural aquifer that lies beneath 70 square miles of remote valley east of Twentynine Palms. The private developer which owns the land would also build an underground 43-mile pipeline along railroad right-of-way to the Colorado River Aqueduct, which delivers water to Southern California residents.

Once built, Cadiz plans to lease the facilities to a joint powers authority created by the Santa Margarita Water District, which will oversee day-to-day operation of the well and pipeline.

Santa Margarita hopes the project will reduce the district’s reliance on the wholesaler Metropolitan Water District, from which Santa Margarita buys 85 percent of its water. The MWD has increased water prices over the last two decades.

The well would pump some 16 billion gallons of water a year, and Santa Margarita plans to purchase about 20 percent of its water supply from the project. The district serves 165,000 people in Coto de Caza, Ladera Ranch, Rancho Santa Margarita and parts of Mission Viejo and San Clemente.

However, the Cadiz Valley Water Conservation, Recovery and Storage Project has met resistance from a coalition of environmental groups, who argue the project would dry up desert springs and hurt vegetation and wildlife habitat.

The groups filed lawsuits after the project was approved by Santa Margarita’s board and San Bernardino County supervisors in 2012.

The plaintiffs claimed that Santa Margarita, not in the area the project will affect, shouldn’t have been the lead agency to oversee environmental reviews for Cadiz. They also said San Bernardino County violated its desert groundwater ordinance by approving the project.

Orange County Superior Court Judge Gail Andler shot down the lawsuits last year, stating that the plaintiffs had failed to prove the project would violate state environmental laws.

The Center for Biological Diversity, Sierra Club and San Bernardino Valley Audubon Society then appealed the decision to the state’s Fourth Appellate District in Santa Ana and filed their opening briefs in April.

“All cases were resoundingly denied in superior court, and we stand by that record and we think everything will be upheld by the court of appeals,” Cadiz spokeswoman Courtney Degener said.

The company is waiting for the MWD board to approve moving Cadiz water through its aqueduct later this summer and plans to start construction at the beginning of next year, she said. Cadiz is expected to spend $225 to $275 million on construction.

In addition to Santa Margarita, Cadiz has entered into agreements with the following water providers interested in buying water from the project, Degener said. They include: Three Valleys Municipal Water District, Jurupa Community Services District, Golden State Water Company, Suburban Water Systems, California Water Service Company, Lake Arrowhead Community Services District and San Luis Water District.

March 7, 2015

Water grab pits Las Vegas against Mormons

Spring Valley, which sits atop an aquifer 263 miles from the country clubs and casinos of Las Vegas, is the focus of a Nevada legal fight over water rights.

BY EDVARD PETTERSSON
Bloomberg News


Las Vegas is seeking to quench its growing thirst by draining billions of gallons of water from under the feet of ranchers whose cattle help feed the Mormon church's poor.

A legal battle across 275 miles of treeless ridges and baked salt flats comes as the western U.S. faces unprecedented droughts linked to climate change.

The surface of Las Vegas's main source of water, Lake Mead, is more than 100 feet below Hoover Dam's spillways after reaching the lowest mark last summer since the dam was filled. As it seeks new sources, the city's water supplier is waging a court fight over plans to suck as much as 27 billion gallons a year from the valley that is home to the Mormon ranch and its 1,750-head herd, as well as three other rural valleys.

Casino resorts, five of which are Southern Nevada's largest commercial water users, labor unions and the developer of a 22,500-acre mini-city west of Las Vegas argue their future depends on the water supply that the church, Indian tribes and environmental groups say is needed by local communities.

The fight, likely to echo across the increasingly arid West, conjures up the Los Angeles water grab that turned the once prosperous Owens Valley into a dust bowl.

As cities including Denver and Phoenix look to secure water for growing populations and economies, the prospect of sustained droughts, more severe and sustained than any in the 20th century, looms over Nevada's court battle, with one pipeline opponent calling it the "poster child" for future showdowns.

The 7,000-acre Cleveland Ranch, established in Spring Valley in 1873 by Maine native Abner "Old Cleve" Cleveland and bought in 2000 by the Mormon church, sits atop an aquifer a dozen-plus miles to the north of Route 50, known from postcards as "America's Loneliest Highway."

The ranch, owned by the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints, is worked by a combination of paid employees, church missionaries and other volunteers, according to a history of the ranch. The calves, after they are weaned, are shipped to an Idaho feed lot and then to a processing plant, where some of the meat is frozen or canned as stew and beef chunks for distribution around the world.

If the Southern Nevada Water Authority wins in court, its proposed groundwater project may leave the valley to sage brush and coyotes, according to lawyers for the church and environmentalists.

"This is a huge project that raises fundamental questions," said Paul Hejmanowski, a lawyer for the church. "Can we sacrifice an ancient way of life for a growing metropolis?"

So far, the ranch and other project opponents have fended off Las Vegas, convincing a judge in 2013 that there was insufficient scientific evidence for the state engineer's decision to award the water rights.

The Nevada Resorts Association, the Nevada AFL-CIO, representing members of 120 unions, and developer Howard Hughes Corp. support the water authority's and state engineer's petitions to the state Supreme Court for help. A hearing before the court hasn't been scheduled.

"There are no other alternatives available, and it would increase the region's water security," said Virginia Valentine, president of the casino and resort trade group. "Our infrastructure needs to be there."

The five resorts - the Wynn Las Vegas, Mandalay Bay, Venetian, Bellagio and Caesars Palace - consumed 2.4 billion gallons in 2013, according to the water authority. Other large users include the golf and country clubs that surround Las Vegas, an area whose population has almost tripled since 1990 to 2 million.

The leisure and hospitality sector employs 28 percent of Nevada's workforce and the taxes it pays make up 47 percent of the state's general fund.

Those economics may doom Cleveland Ranch even if pipeline opponents have a good case, said Jeffrey Dintzer, a lawyer specializing in water-rights issues with Gibson Dunn & Crutcher LLP in Los Angeles who isn't involved in the dispute.

"Money talks," Dintzer said. "Nevada gets a huge amount of its revenue from gaming."

If the Nevada Supreme Court doesn't reverse the December 2013 decision by the state judge who second-guessed the state engineer, the Legislature and governor may step in to draft a compromise to ensure Las Vegas gets the water, Dintzer said.

That might not end the lawsuits. If the ranch and surrounding valleys are left dry, the state could face hundreds of millions of dollars in claims, he said.

"This will be one of many of these disputes I see coming in the future," said Ed Casey, a water-rights attorney with Alston & Bird LLP, who represented Los Angeles in litigation over air pollution at Owens Lake. "Water is a commonly shared commodity, and as it becomes scarce, we have to face the question who gets priority."

Ranchers, farmers and other so-called senior water rights holders may lose their place at the pump to growing cities, Casey said.

The Southern Nevada Water Authority is pursuing unassigned groundwater rights to reduce its reliance on the Colorado River, which accounts for about 90 percent of its supply and is subject to new upstream diversions as drought conditions worsen.

With Lake Mead - the largest man-made reservoir in the U.S. - at 43 percent of its capacity, the agency already has increased its use of recycled water and cut its per-capita use by 40 percent since 2002, said Bronson Mack, a spokesman for the authority. Still, the agency expects to need new sources by about 2060, based on current estimates, or as soon as 2035 if population growth exceeds forecasts, Mack said.

The agency's groundwater project calls for 263 miles of pipelines connecting Las Vegas with four valleys. U.S. approval of the pipeline is subject to a separate legal challenge in federal court.

As far back as 1989, the Las Vegas Valley Water District, now part of the Southern Nevada Water Authority, applied for unappropriated water in Cave Valley, Dry Lake, Delamar Valley and Spring Valley. The state engineer didn't rule on those applications until 2007, leading to the first round of litigation, which voided the approvals.

In 2012, the state engineer again approved most of the water authority's applications, leading to a new round of court battles.

The Nevada case may set a precedent for urban water districts in arid and semi-arid regions looking for groundwater to sustain development, said Simeon Herskovits, a lawyer for counties, water agencies, environmental groups and businesses opposed to the project.

"This is kind of a poster child case for pro-development interests in urban centers trying to take water away from rural areas through a large infrastructure project by arguing, based on bad science, that vast amounts of water are available for extraction and export," Herskovits said.

A defeat for the project may force water agencies in the West to find other alternatives, he said.

If Las Vegas builds the pipeline, an area the size of New England could face the same environmental and socio-economic devastation as California's Owens Valley after completion of the 200-mile Los Angeles Aqueduct in 1913, he said.

Cleveland Ranch and other opponents persuaded Senior District Judge Robert Este in Ely, the only city within 100 miles of Spring Valley, that it was premature to approve large-scale pumping before its effects were fully known. He directed the state engineer to further develop mitigation protocols for any "unreasonable" effects of the project.

While the church declined to discuss Cleveland Ranch, its lawyer provided a copy of a DVD about the ranch that details its operations and makes the case that an abundant water supply is essential to raising healthy calves. The DVD was submitted as evidence in the court fight.

The Nevada Supreme Court on Feb. 6 dismissed the water authority's appeal of Este's decision, saying it wasn't ripe for review because the judge sent the case back to the state engineer without issuing a final judgment.

In a second bid, the water authority and the engineer asked the state's seven-member Supreme Court to use a procedure called a writ, which doesn't require a final judgment in the underlying case, to overturn Este's decision. They contend the judge acted "arbitrarily and capriciously" by substituting his judgment for that of the state engineer, an expert in hydrology.

"The worsening drought conditions in the West generally, and the Colorado River Basin in particular, do not afford the luxury of time," the water authority said in a Dec. 12 court filing. "This court should hear this petition, and resolve these issues, now."

August 21, 2014

Superior Court Releases Final Decisions in Cadiz Project Environmental Litigation

Rulings Confirm Sweeping Victory for Project

Today, Orange County Superior Court Judge Gail Andler issued final Statements of Decision ("SOD") in the six outstanding California Environmental Quality Act ("CEQA") challenges to the approvals of the Cadiz Valley Water Conservation, Recovery and Storage Project ("Cadiz Project"). The final SODs affirm the previously announced May 1, 2014 Minute Order issued by the Court, which denied all claims against the Project's environmental review and found that the Santa Margarita Water District ("SMWD") and the County of San Bernardino ("County") acted properly in approving the Cadiz Project and its permits.

"We are grateful for Judge Andler's decisions, which further validates what we have long believed: That Southern California water users can benefit from this immense, sustainable water supply without harming the environment," said Scott Slater, Cadiz CEO.

In accordance with California law, the Project went through a thorough and expansive environmental review and permitting process over 18 months from 2011 - 2012. After extensive public input and technical review, the Project's Environmental Impact Report ("EIR") was certified on July 31, 2012 by SMWD, the Lead Agency of the CEQA process. On October 1, 2012, the County Board of Supervisors, a Responsible Agency under CEQA, approved the Project's Groundwater Management, Monitoring, and Mitigation Plan under the County's Desert Groundwater Ordinance.

Lawsuits challenging these key approvals were filed in 2012 by various parties. Three cases were dismissed or settled in 2013 and six cases brought separately by the Center for Biological Diversity and Tetra Technologies (NYSE: TTI) proceeded to trial in December 2013 before Judge Andler. These cases alleged that the procedures followed and the quality of the analysis during the CEQA process were inadequate and sought a reversal of the core Project approvals. The final SODs set forth the basis for denying all of Petitioners' claims and validated the thorough environmental review of the Project.

July 23, 2014

Drunk with power, agencies come for our water

Commentary

By THOMAS MITCHELL
Elko Daily Free Press


There may not be sufficient documentation to prove that Mark Twain ever said, “Whiskey is for drinking; water is for fighting over,” but Nevada ranchers and farmers are having to fight over water with two branches of their own federal government. It’s enough to drive one to drink.

First, the Environmental Protection Agency rewrote the rules for the Clean Water Act in such a way that gives it authority over just about any stream, dry creek bed or backyard wading pool in the country, even though the law as originally written was meant to protect navigable interstate waterways from pollution. This would allow the Interior Department to require a permit and demand a fee for any work that alters the flow of water near any rivulet — anything from dredging an irrigation ditch to terracing a field — on public or private land.

At a recent meeting of the Nevada Conservation Commission, state engineer Jason King, whose office determines who in Nevada has rights to various water sources, was quoted as saying, “I look at this as an attempt to get into the regulation of the amount of water — an attempt to get their nose under the tent.”

As if grabbing a claim on every drop of water on the surface were not enough insult and injury, the U.S. Forest Service, a division of the Agriculture Department, has published a “Proposed Directive on Groundwater Resource Management” that would give it virtual veto power over the use of any aquifer remotely connected to any land under Forest Service jurisdiction.

The Western Governors Association has sent a letter to Agriculture Department Secretary Tom Vilsack challenging his agency’s authority to carry out this proposal and asking for answers to a number of questions. The letter, signed by Nevada Gov. Brian Sandoval and others, notes Congress gave states sole authority over groundwater in the Desert Land Act of 1877 and the Supreme Court upheld this exclusive authority in a 1935 court case.

Among the questions posed by the governors are: “Given the legislative and legal context, what is the legal basis for the U.S. Department of Agriculture (USDA) and USFS assertion of federal authority in the context of the Proposed Directive?” and “How will USFS ensure that the Proposed Directive will not infringe upon, abrogate, or in any way interfere with states’ exclusive authority to allocate and administer rights to the use of groundwater?”

Additionally, several Western congressmen — including Nevada’s 2nd Congressional District Rep. Mark Amodei — are attempting to insert language in a 2015 appropriations bill that would protect privately held water rights from federal takings. The language was drafted by Amodei and Rep. Scott Tipton of Colorado. It passed the House in March as the Water Rights Protection Act. Putting the language in the appropriations bill increases the chances it will be signed into law.

“Nothing in federal law grants federal land managers jurisdiction over Nevada’s groundwater. That responsibility is one of the few states’ rights remaining in Nevada and I will work all day, every day to keep it,” said Amodei. “With its inclusion in the Interior appropriations bill, this much-needed and timely reminder keeps the pressure on the federal government to comply with state rules and decisions when it comes to Nevada’s groundwater. Anything less amounts to what increasingly looks like a war on the West by this administration.”

Amodei noted that in recent years various federal land agencies have made a concerted push to acquire water rights, including cases in which land managers demanded that water users apply for their water rights under state law in the name of the agency rather than for themselves.

In another letter to Vilsack signed by Western congressional members, including Amodei and Nevada Sen. Dean Heller but no other member of the Nevada delegation, the secretary is told the proposal would impose “a chilling effect on existing and future water resource development and the uses dependent on that development not only within NFS lands but outside these lands.”

The letter notes that the action could adversely affect job creation and is being taken without sufficient input from the states, farmers, recreational users, ranchers and other affected parties. “We therefore urge you to withdraw this ill-timed and punitive Directive,” the letter concludes.

The feds already control 87 percent of Nevada land, now they are coming for the water, too. Some are putting up a fight.

Thomas Mitchell is a longtime Nevada newspaper columnist.

May 9, 2014

Judge rejects environmental challenges to Mojave groundwater project

An aerial view of Cadiz Inc. property in the Mojave Desert in 2012. (Al Seib / LA Times)

by Bettina Boxal
Los Angeles Times


In a one-page ruling, an Orange County Superior Court judge last week swept aside environmental challenges to Cadiz Inc.’s plans to pump groundwater from beneath the Mojave Desert and sell it to Southern California suburbs.

The May 1 decision by Judge Gail Andler cleared one set of obstacles to the controversial project. “We’re grateful for that result,” Cadiz Chief Executive Scott Slater said. “We’re going to keep our head down and keep going about things the right way.”

But opponents vowed to appeal the ruling, and Cadiz still has several other hoops to jump through.

Lawsuits filed by the Center for Biological Diversity, an environmental group, and Tetra Technologies Inc., a corporation that extracts an industrial salt from the desert aquifer, challenged the project’s environmental review, calling it inadequate.

They also contended that San Bernardino County should have led the review, rather than the Santa Margarita Water District, which has signed an agreement to buy water from Cadiz.

Andler expressed concern over the district’s lead role but concluded that it “did not rise to the level” of a violation of state environmental law.

Adam Keats, senior counsel with the biological center, said his organization will appeal the decision. “This is a long-haul game for us, and we’re not giving up that easily. This is one opinion.”

Conservation groups, Sen. Dianne Feinstein (D-Calif.) and federal scientists have expressed concern that the pumping operation could dry up springs used by wildlife in the nearby Mojave National Preserve.

Groundwater in Cadiz’s proposed well field also contains naturally occurring hexavalent chromium, a carcinogen, at levels of 14 parts per billion to 16 parts per billion, exceeding the state’s new drinking water standard of 10 parts per billion.

That is likely to complicate Cadiz’s plans to use the Colorado River Aqueduct to deliver its supplies to customers more than 100 miles to the west.

The Metropolitan Water District of Southern California, which owns the aqueduct and uses it to send river water to millions of Southland residents, has said in formal comments that the Cadiz supplies would have to be treated before they could be pumped into the aqueduct.

“We’re pretty close to the standard,” Slater said. “We just don’t think it’s a significant issue for us.”

Also unresolved is whether the project will have to undergo a lengthy federal review. Cadiz wants to build a pipeline from the well field along an existing railroad right-of-way that crosses federal land.


The project is a precedent-setting private venture that proposes to annually withdraw enough groundwater from beneath the parched Mojave to supply 100,000 homes. Water sales could bring Cadiz $1 billion to $2 billion in revenue over 50 years.

Environmental documents show that the pumping would, over the long term, lower the groundwater table and deplete the aquifer under Cadiz’s property as well as surrounding public lands.

Cadiz experts have dismissed concerns about the operation, saying it will have minimal environmental effects.

May 7, 2014

Court OKs Dicey Cadiz Groundwater Pumping Project in the Mojave Desert

Ken Broder
AllGov.com


An Orange County Superior Court judge lined up six lawsuits filed to stop a controversial groundwater pumping project in the Mojave Desert and shot them all done in one brief legal opinion.

Judge Gail Andler ruled last week that Cadiz Inc. can move forward on its plan to divert surplus water from the Colorado River to an aquifer beneath 35,000 acres of land it owns, augment that supply by capturing water otherwise lost to nature, pump 16 billion gallons of water a year out of the aquifer and ship it via a 43-mile pipeline that hasn’t been built yet to the Colorado River Aqueduct.

The aquifer would be maximized with state-of-the-art conservation; participating water districts would contract for a share; thirsty Southern Californians would have a new, innovative source of water; and Cadiz shareholders would make a lot money. The shareholders got a jump on their end of the deal when the stock price rose around 30% the first business day after last Friday’s court ruling.

Cadiz has been pursuing the project for more than a decade, fending off environmentalists, desert residents, nearby mining interests, political watchdogs, water district officials and one honked-off Los Angeles Times columnist.

Michael Hiltzik described the project in 2009 in rather unflattering terms, seven years after the Metropolitan Water District of Southern California (MWD) had already rejected it. He dismissed the existence of “surplus” Colorado River water, questioned the amount of water said to already be in the aquifer, wondered about the environmental hurdles and detailed some of the political wheels that were greased to advance the project.

Cadiz CEO and Board Chairman Keith Brackpool was appointed to the state Horse Racing Commission in 2009 by Governor Arnold Schwarzenegger. He was elected chairman in 2010 before leaving last year. Schwarzenegger’s chief of staff, Susan Kennedy, worked for Cadiz for awhile and in 2005 received $120,000 in consulting fees while serving on the state Public Utilities Commission (PUC).

Brackpool and his associates contributed $43,650 to then-Los Angeles Mayor (and former Assembly Speaker) Antonio Villaraigosa and paid him a consultant fee while he was in between political assignments. He donated $345,000 to various campaigns by former Governor Gray Davis. San Bernardino County Supervisor Brad Mitzelfelt picked up $10,000 in campaign contributions in 2007-08 and Congressman Jim Costa of Fresno received $12,000.

Conservation groups have long opposed the Cadiz project over concerns that pumping water from the aquifer would dry up springs that support bighorn sheep and other wildlife. Air quality and groundwater beneath the Mojave Preserve also could be affected. They said the environmental impact report and groundwater management plan were deficient and challenged the role of the Santa Margarita Water District in Orange County in approving them.

Delaware Tetra Technologies, Inc., a mining company, filed suit against the project at one point, arguing that a drop in the water table would adversely affect the mining of salt in nearby dry lake beds.

All of the objections hit a dead end in Judge Andler’s court, at least temporarily, although she expressed some reservations. Andler said the water district, which wants to buy some of the water, might not be the right entity to serve as lead agency. But she wasn’t going to block the project over that.

Litigants in the case, including the Center for Biological Diversity, San Bernardino Valley Audubon Society, the San Gorgonio Sierra Club and the National Parks Conservation Association, may appeal. Even if they don’t, Cadiz still faces significant challenges. The company has to build a pipeline across public land, which may involve federal review.

May 2, 2014

Judge rules in favor of water mining


By Janet Zimmerman
Riverside Press-Enterprise


A judge on Friday rejected legal challenges filed against a controversial plan to mine water from a desert aquifer and pipe it to cities across Southern California.

Orange County Superior Court Judge Gail Andler issued a brief decision that clears the way for the Cadiz Valley Water Conservation, Recovery and Storage Project 40 miles east of Twentynine Palms.

“Cadiz is grateful for the thorough and deliberate review by the trial court and the court’s validation of the environmental review,” Scott Slater, the company’s chief executive officer, said in a statement.

The ambitious proposal to pump an average of 50,000 acre-feet per year — more than 16 billion gallons — from beneath the remote valley was challenged by the Center for Biological Diversity, National Parks Conservation Association, San Bernardino Valley Audubon Society, Sierra Club San Gorgonio chapter and Delaware Tetra, a brine-mining operation in the area.

Ileene Anderson, a biologist with the Center for Biological Diversity in Los Angeles, said the decision may be appealed.

“We are very disappointed,” she said.

The groups challenged project approvals by the Santa Margarita Water District in Orange County and San Bernardino County supervisors, as well as the environmental review, environmental impact report and groundwater management plan.

In her decision, Andler expressed concern over the designation of Santa Margarita Water District as the lead agency.

“Nonetheless, the court is not persuaded that those concerns constitute sufficient grounds” to halt the project, she wrote.

Santa Margarita is one of the potential buyers of the water, as is the Jurupa Community Services District in Riverside County and five other agencies as far north as San Jose.

Critics accuse Cadiz of overestimating the amount of natural water — such as rain — that will seep into the ground and replenish the aquifer. They also say the operation will drain the desert's precious water supply in the area between Joshua Tree National Park and the Mojave National Preserve.

Proponents say the project will spur economic growth by bringing a new source of water to a state plagued by drought.

Still at issue is a right-of-way application for a pipeline that would cross public land overseen by the Bureau of Land Management. A federal review may be required.

April 28, 2014

Cadiz water project offers many benefits

Guest Commentary

By Scott Slater
San Bernardino Sun


While it is a common tactic for project opponents to distort facts and instill fear, everyone should be disappointed in recent a guest commentary by Bill Withuhn, which attacks the Cadiz Water Project and its railroad-related benefits.

Withuhn is a railroad professional, yet in his piece, he denies historical fact: Steam locomotives are firmly embedded in the history of the Mojave — not “an overheated absurdity.” Towns like Cadiz were founded by railroads as water stops for steam locomotives carrying passengers and supplies across the desert during the expansion of the West. Appreciation for steam trains carries on here today, so plans to integrate a steam train into our project are based on certainty that “if we build it they will come.”

After all, the planned steam locomotive route between Cadiz and Parker, Ariz., is centrally located to the desert’s most frequented destinations. Parker receives 750,000 visitors per year, Joshua Tree National Park has nearly two times that many, and annual visitor spending in the California deserts is $5.8 billion.

The truth fared even worse when the piece turned its attention to the water supply reliability Cadiz will offer. The project will capture and conserve groundwater that is being lost to evaporation from a vast Mojave Desert aquifer system, providing a new supply for 400,000 water users across Southern California. Because the piece aims to further the “us vs. them” fears worked up by project opponents, it stokes the familiar but false claim that Cadiz would only serve the Coast. In fact, 20 percent of project water is reserved for San Bernardino County and these local benefits cannot be denied, with Northern California and Colorado River water supplies becoming increasingly unreliable.

The piece also repeats the unfounded claim that the project has avoided environmental review. In fact, it was thoroughly reviewed under the nation’s toughest environmental law — the California Environmental Quality Act. A 6,000-page environmental impact report (EIR) found it would have no significant impacts on desert flora, fauna, water users or businesses, leading to project approval by two public agencies including San Bernardino County.

The commentary also omits that the county adopted a groundwater management plan to ensure the project’s pumping is sustainable. The plan requires data from 100 new groundwater monitoring installations be published online for public review, and gives the county independent power to shut the project down if any unexpected impact occurs.

It appears the article’s true intent is to shop for a second opinion on the project from D.C. regulators. That explains why it mischaracterizes our plans to place the project’s water conveyance pipeline within an active railroad right-of-way in order to avoid impacts to desert lands. It is commonplace in the Mojave and nationwide for railroads to lease their property to third parties for uses like water, fiber optic, gas and oil pipelines. Federal regulators have allowed railroads to do this with without their involvement. And it undeniably serves the public’s interest to tuck such infrastructure into already disturbed routes.

The project also will provide benefits to the host railroad that cannot be dismissed, including fire suppression. According to a 2013 California Public Utilities Commission report, increased crude oil movement by rail is a significant concern in the railroad industry today. Withuhn is no doubt aware of the exponential increase in movement of crude oil by railcar and the related fire risk along rail corridors, as evidenced by the 2013 oil train derailment in Canada that killed 47 people. Cadiz’s offer to provide water for remote-controlled fire suppression systems on the railroad’s wooden trestles is an investment that a railroad expert should applaud, not dismiss.

The Cadiz project was publicly reviewed and approved under the toughest environmental law, will be locally enforced and provide long-term benefits to the desert and railroad communities. To imply otherwise is the only “overheated absurdity.”

Scott Slater is president and CEO of Cadiz, Inc.

April 25, 2014

Mojave region’s public being railroaded

OPINION

By Bill Withuhn
San Bernardino Sun


You want your scarce groundwater sent to Orange County and L.A.? Read on.

It’s not a desert mirage: A proposed water project stands to create irreversible damage by pumping groundwater from underneath the Mojave Desert and sending it in a new pipeline to supply the Los Angeles/Orange County region. Project proponent Cadiz Inc. has requested the Interior Department waive standard federal review.

People in desert country might applaud waiving a federal law — at first. But the Cadiz Inc. project threatens desert residents, ranchers and local businesses by putting their groundwater in jeopardy. The project would also threaten the National Chloride Company’s brine mining operation. According to a local economist, pipeline construction might benefit San Bernardino County employment, but for just four years. Here then and then gone.

The project would pump 50,000 acre-feet of water annually from the Mojave Aquifer for 50 years. Starting near the town of Cadiz, the proposed pipeline would use the right-of-way of an existing railroad for about 45 miles till reaching the Colorado River Aqueduct near Freda.

Cadiz Inc. calls the pipeline a “railroad” project rather than a water project. Really?

This sleight of hand is bizarre. Cadiz Inc. wants to piggyback on a law that helps California businesses that use freight rail. Under that law, a railroad through public lands can undertake improvements within its established right-of-way without federal review.

The claims by Cadiz are a gross distortion. Its project would irreversibly harm public lands that taxpayers have paid for decades to protect. That includes state wilderness areas and the Mojave National Preserve — the third-largest national park site in the lower 48 states. Threatened are desert springs and many rare desert species, not to mention the livelihoods of local ranchers and business owners who never use the railroad. Cadiz foresees a $1-2 billion profit over a half-century, by pumping the Mojave Aquifer into overdraft.

In 2011, the Interior Department published a review concluding that a railroad’s authority to undertake activities impacting public land is limited to projects directly affecting rail transportation.

In its attempt to claim its project furthers a “railroad purpose,” Cadiz modified its proposal to install dozens of water hydrants all along the 45 miles of track for emergencies, construct a parallel access road, and provide water for weed control and “washing rail cars.”

A suitable road along the railway already exists — a public road, also used for rail safety inspections and access for track work. Water for mixing with approved weedkiller is a minor use limited to inside the railroad’s right-of-way (so no help with tumbleweeds), and only modestly useful in desert lands. Washing rail freight cars is, frankly, absurd. Nearly all freight cars transiting the line are owned and maintained by other railroads or companies.

Fire hydrants all along a remote rail line are also absurd. They have no justification for safety and have nothing to do with a “railroad purpose.” U.S. DOT’s Federal Railroad Administration (FRA) verifies that except within large railyards, no known railroad has strings of hydrants along its enroute lines. Diesel locomotives don’t need water added during trips, and firefighting or quick emergency response is done best by vehicles coming by the existing road. San Bernardino County’s fire department says the road is sufficient for the department’s rapid-response needs.

In its latest effort to mask its water-export project, Cadiz announced plans for a steam-powered tourist train, using Mojave Aquifer water. A steam engine running in this region is a further overheated absurdity.

Cadiz is unaware of the economics. From my direct experience of 40-plus years, safely maintaining a steam locomotive is about 20 times more expensive than even a 30-year-old diesel. The proposed route is extremely remote, without an adequate rail tourism market present or future. Steam trains tried in scarce-population areas have rapidly proven nonviable. That’s due to huge unavoidable costs and few paying tourist passengers to cover the bills. Cadiz proposes a cute steam excursion to burn money by the trainload.

The Interior Department owes to all Americans a review of high-risk water projects, so impacts can be vetted by those without stakes in the matter and vetted also by the affected public in the light of day.

Bill Withuhn is a former managing vice president of diesel freight-rail lines in five states. For operational steam engines, he served four years as co-chair of a U.S. DOT special committee developing today’s stricter safety standards, which have also cut operating costs. He lives in Camanche Lake, Calif.

March 16, 2014

Cadiz Water Project: Reader Rebuttal

READER REBUTTAL

By Robert S. Bower
Contributing Writer


A Register editorial opines the Cadiz Valley Water Conservation, Recovery and Storage Project should go forward because Southern California needs water [“Drier than we have to be,” March 10]. Unfortunately, that view is based on misinformation and an “ends justify the means” mentality.

First, the misinformation. The project will not “store” imported water. Nor will it “conserve” groundwater – it will pump groundwater at a rate well in excess of the rate at which the aquifer is recharged, without any replenishment requirement. At the assumed recharge rate, Cadiz will overdraft the aquifer by 18,000-to-43,000 acre-feet, every year for 50 years. Once pumping starts, the aquifer will not recover for 117 years; if recharge is lower than assumed, recovery could take 440 years.

As for justification, the editorial claims Cadiz did its due diligence, and the only impediments to the project are those pesky lawsuits challenging the environmental impact report under “oppressive CEQA rules.” As a California Environmental Quality Act practitioner who usually defends EIRs, I am aware CEQA is sometimes used for political purposes. Here, however, it was Cadiz who gamed the system.

CEQA requires that the public agency with principal responsibility for approving the project act as lead agency, because the lead agency determines the EIR's scope and whether the project will proceed. The only agency with regulatory authority over the project was the county of San Bernardino, which had to approve a groundwater plan before Cadiz could pump groundwater.

Cadiz, however, orchestrated events so that Santa Margarita Water District was lead agency rather than San Bernardino County. SMWD's only approval was of its agreement with Cadiz concerning its purchase of project water.

A primary purpose of CEQA is to make elected officials accountable to their constituents. SMWD is located 225 miles away from the project, and virtually all project impacts will occur in San Bernardino County. Cadiz's maneuvering stripped away all accountability because SMWD's elected decision-makers are not accountable to voters in San Bernardino County.

The project should proceed only if the EIR complied with CEQA, not simply because we need water. It is a slippery slope when decisions are justified on the Machiavellian notion that the ends justify the means.

Robert S. Bower is counsel for Delaware Tetra Technologies Inc., which opposes the Cadiz Project.

March 10, 2014

State drier than we have to be

Water recovery project could ease drought.

OPINION
Orange County Register

Despite the recent heavy rain, California’s water situation remains dire. Data from the U.S. Drought Monitor, a partnership between the National Drought Mitigation Center at the University of Nebraska-Lincoln, the U.S. Department of Agriculture, and the National Oceanic and Atmospheric Administration, shows that 100 percent of California is “abnormally dry.”

It is the worst drought the state has seen in decades and is tapping our water resources to their limits, and, for many, beyond. Water agencies in some of the hardest-hit regions of the state are expecting to be without water by the summer.

It’s why Gov. Jerry Brown promised to do, “everything that is humanly possible to allow for a flexible use of California’s water sources.”

But the state still seems bent on pushing ahead with water policies that appear to make the drought artificially worse, from the New Deal-style public-works Bay Delta Conservation Plan boondoggle that seeks to upend the Sacramento Delta for dubious water supplies and the benefit of a bait fish, the Delta smelt, to projects closer to home.

Projects like the Cadiz Valley Water Conservation, Recovery and Storage Project, meant to capture groundwater from a basin within a 1,300-square-mile watershed in San Bernardino County’s Mojave Desert.

The company argues that pumping out 50,000 acre-feet of water per year from under the desert, which would otherwise largely evaporate, would save Southern California $6.1 billion over a 50-year period and could provide 100,000 Southern California families, in six counties, another supply of water every year.

But, environmental groups, and a Texas-based oil company with a nearby strip-mining facility, continue to fight the Cadiz project through the courts using the state’s oppressive CEQA rules.

Nearby ranchers worry the pumping stations could deplete their wells and environmental groups say the water would be pumped out faster than it could be replenished. While these issues should be taken seriously, as it would be preferable to not deplete a new water supply as fast as it’s tapped, they have largely been mitigated by the process.

Because San Bernardino County is requiring even more stringent rules than came out of the two-year CEQA process. Requiring the company to track its operations, and if the water level is reduced 80 feet below the current water table, within a 2-mile radius of the project center, the project would be halted. Independent and final authority to enforce that rule rests with the county.

In all, four municipal agencies and two private utilities have signed on to the project, including some agencies that reside in southern Orange County. The project developers seem to have done their due diligence and efforts to expand and diversify water sources for residents of the Southland, which this project appears to do, is something these editorial pages have long supported. The government-created barriers to tapping water sources like this must change and this project be allowed to go forward undeterred.