Showing posts with label groundwater. Show all posts
Showing posts with label groundwater. Show all posts

December 2, 2019

Pioneertown residents now have clean tap water — for the first time in decades

Kenneth Gentry, of Yucca Valley, who also owns property in Pioneertown, smiles as he feels water moving through pipes at a well site in Yucca Valley on Tuesday, Nov. 12, 2019. (Photo by Jennifer Cappuccio Maher, Inland Valley Daily Bulletin/SCNG)

By SANDRA EMERSON
San Bernardino Sun


Gay Smith started getting clean tap water to her home in Pioneertown nearly three months ago. Still, the retired teacher said she walks over to a jug of water from the county to fill a pot for boiling potatoes.

“You don’t realize the habits you get into until you don’t have to do those habits anymore,” Smith said.

For three years, residents of the unincorporated San Bernardino County desert town have used twice-a-month shipments of bottled water because local wells were no longer meeting state standards for drinking water. The water was too high in naturally occurring arsenic, uranium and fluoride, which can cause health problems over time.

The shipments were a temporary solution to decades of water quality problems. That changed in September, when work finished on a new pipeline that pulls clean water from a well 4 miles away in Yucca Valley. The new pipeline also boosted water supply, addressing a longtime water shortage in the town that was built in 1946 as an Old West film set.

“Even back in the film days, a lot of people bought (property) thinking they were going to go out there and retire,” David Miller, a Pioneertown resident and Friends of Pioneertown board member. “By the time these people retired there was no water.”

Pioneertown was founded by Hollywood investors, including Dick Curtis, Roy Rogers and Gene Autry, in 1946. It became home to film and TV productions, such as “The Cisco Kid,” and “The Gene Autry Show” and is still used for music videos, print and commercial work.

No water, no growth

Like any old western town, it’s all about water, Miller said.

The town hasn’t had enough water to support large development or much home building, which has limited growth in the 1-square-mile town.

When Smith and her husband, John, bought the Desert Willow Ranch in 1969 there wasn’t water, Smith said. They connected to a water system controlled by Benton Lefton, an Ohio developer who bought Pioneertown with plans to turn it into a master-planned community called The California Golden Empire. There wasn’t enough water to support Lefton’s dream, so ultimately, the water system fell into residents’ hands.

In 1980, residents voted to give that responsibility to the county.

In November 1999, the county placed a moratorium on new construction because of the small water supply and quality concerns, said Steve Samaras, division manager with the county’s special district’s department, water and sanitation division.

Around that time, county officials began notifying residents that their water violated drinking water standards, particularly for arsenic. The state lowered the maximum amount of arsenic allowed in the water, which put some of Pioneertown’s wells out of commission, Samaras said.

The violation didn’t trigger an outright ban on drinking the water, but county officials still had to let residents know of the potential health risk. Elevated fluoride levels, however, made the water unsafe for children under 9 years old, so they were told not to drink it.

“It’s not something you’re going to drink today and you’re going to have a problem tomorrow,” Samaras said. “It’s over the course of your life time and the certain amount you consume, the risk is greater.”

Residents continued to drink from the troubled water system while county officials worked to tap into a new well. In September 2016, the county started delivering bottled water to residents so they didn’t have to use their taps.

Smith’s situation was eased by having a reverse osmosis filter, but she still worried about using tap water for cooking and feeding her dogs. Out of concern from her doctor that the water was causing skin issues, she emptied a jacuzzi on her property and sold it.

“I”m laying out there one night enjoying the stars in 104-degree water,” she said, “and I’m thinking to myself, ‘What the heck are you doing? Are you out of your mind?’”

Reverse osmosis wasn’t an option for the town’s system because it requires the loss of water to produce clean water. There just wasn’t water to spare.

County officials reached an agreement with the Hi-Desert Water District to connect to a well the district was no longer using in Yucca Valley.

“For them that well, as high output as it is, would have just been just a piece of what would have helped their town,” Miller said. “For us, it’s everything and then some.”

A system from ‘Star Wars’

In contrast to the town’s Old West style, its new water system is pretty high tech.

Miller called it “Star Wars.”

The $5.4 million project, funded mostly by state grant money, included rehabilitation of the well and construction of a new system with pumps, tanks, and more pipeline than existed inside the town.

A station halfway between the well and the town, was built mostly underground to avoid harming the hillside views. County water officials can control the system remotely and numerous safety features ensure it’s not tampered with.

At 180 gallons per minute, the new well pumps two and a half times more water than all the wells in Pioneertown, Samaras said.

The water now exceeds all standards and is only treated with a small amount of chlorine as a precaution, he said.

Crews with Sukut Construction worked through spring and summer to get the project done. They excavated rock to install the pipeline, causing some traffic delays, but nothing serious, Miller said.

“It all went so smoothly that people now have just all good things to say about this,” Miller said. “That was healing up 35 years of scarring. It was an amazing thing to watch.”

More water, more growth

The new pipeline will open up the town to some new construction, but not too much.

Today, there are 120 water meters in Pioneertown, serving a little more than 400 people.

While the county works to determine the maximum number of connections that can be safely served by the new system, nine property owners with meters were told they can build and another 42 may soon get permission to connect to the water source, Samaras said.

Still, residents want their Old West town to stay small.

“People have been fighting to keep it exactly the way it is now,” said Kenneth Gentry, who wrote a book about Pioneertown’s history.

ABOUT PIONEERTOWN

Founded: 1946

Founders: Hollywood investors, including Dick Curtis, Roy Rogers and Gene Autry

Location: About 4 miles northwest of Yucca Valley, in San Bernardino County

Notable filming: “The Cisco Kid,” “The Gene Autry Show,” “Annie Oakley,” “Seven Psychopaths,” “Ingrid Goes West,” Cyndi Lauper’s “Funnel of Love” music video

Attractions: Mane Street, where many original Old West buildings stand; film museum; Pappy & Harriet’s Pioneertown Palace, which serves barbecue and hosts concerts, including a surprise show from Sir Paul McCartney in 2016; Pioneertown Motel, built in 1946 as lodging for western film stars; nearby Joshua Tree National Park

September 16, 2019

New pipeline replaces contaminated wells in Pioneertown

Morongo Basin Conservation Association president and Pipes Canyon resident Steve Bardwell tastes the new drinking water from the Pioneertown Pipeline during Friday morning’s ceremony. (Jené Estrada. Hi-Desert Star)

By Jené Estrada
Hi-Desert Star


PIONEERTOWN — After over 30 years of community effort, Pioneertown now has clean, potable drinking water straight from the tap and on Friday morning, Sept. 13, people from across the Morongo Basin gathered outside of Pappy & Harriett’s to celebrate the achievement.

The Pioneertown Pipeline will pump water into this small community to replace the source water in Pioneertown, which has several quality issues.

Most of the county-run wells in Pioneertown were taken out of service due to high concentrations of uranium and arsenic. The new pipeline connects the existing Pioneertown water distribution system to a Hi-Desert Water District well through the installation of approximately 4 miles of transmission pipeline and two booster stations.

This project was funded through a State Proposition 84 grant that was approved by the Drinking Water State Revolving Fund on Nov. 14, 2018, for $5.4 million.

The new pipeline was completed on July 27 but the county asked residents not to drink the water until after the ribbon-cutting ceremony to allow the lines to run the clean water and purge all old contaminates.

Dawn Rowe, the 3rd District supervisor for San Bernardino County, opened up the ribbon-cutting ceremony Friday morning by thanking local agencies including the Hi-Desert Water District and the Mojave Water Agency for their contributions. She also gave a special thanks to the San Bernardino County Special Districts Department for pushing the project forward.

Jack Dugan, a longtime Pioneertown resident and the former Pioneertown representative on the Morongo Basin Municipal Advisory Council, spoke about the history of the project and thanked everyone for pushing through the roadblocks that halted the project’s progress; these included the incline into Pioneertown from Yucca Valley and the rocky terrain.

“Between 1947 and 1948, Dick Curtis was talking to San Bernardino County about piping water into Pioneertown,” Dugan said. “Well, it’s here. It took a while, but it’s here.”

Dugan went on to thank the county for securing grant money to pay for the pipeline, which was installed in Pioneertown at no cost to the local residents.

Division Manager Steve Samaras with the Special Districts Water and Sanitation Department said he was excited to see the project reach its completion. Up on the podium, he took a drink of water from the pipeline brought in for the ceremony.

“This water exceeds all federal and state quality regulation,” he said. “This is a new chapter in the history of Pioneertown.”

After he spoke, Rowe and longtime resident David Miller then turned the key, opening the Pioneertown Pipeline.

September 11, 2019

Unquenchable Thirst: Groundwater Bill Could Shift State’s Water Management Approach

The Colorado River Aqueduct looking east. | Bruindon/Creative Commons

Char Miller
KCET.org


The latest salvo is California’s long-running water wars, SB307, has the potential to emerge as one of the most important pieces of water regulation in recent years. Although its target was narrow — it was designed to undercut the capacity of Cadiz, Inc. to pump annually upwards of 16 billion gallons of groundwater in eastern San Bernardino County and sell it to ever-thirsty Southern California — the legislation may prove to be far-reaching in its consequences.

Gov. Gavin Newsom signed the bill into law on July 31, requiring independent review from the State Lands Commission, Department of Fish and Wildlife and the Department of Water Resources to ensure that pumping from the groundwater basin doesn’t harm the natural or cultural resources at the site and in the surrounding watersheds. Focused on short-term impact, columnist at the Desert Sun, decried the bill as a job-killer and legislative overreach. The Los Angeles Times and the Sacramento Bee read the law as yet another Golden State rebuke of the Trump administration and made much of the legislation’s protection of imperiled Mojave Desert springs and species. The environmental impact of the law was a point that Sen. Dianne Feinstein confirmed: “If Cadiz were allowed to drain a vital desert aquifer,“ she declared, “everything that makes our desert special — from bighorn sheep and desert tortoises to Joshua trees and breathtaking wildflower blooms—would have been endangered.“

These are all important considerations to be sure. But the new law is actually more expansive in reality and reach. Although the enduring battle over the control and distribution of white gold dates back to the Spanish conquest of Alta California in the late 18th century, this particular piece of 21st century legislation offers an important twist in the state’s longstanding struggle to secure a sustainable supply of this most-essential resource.

In this case, the play has been for desert groundwater. That unusual wellspring is a bit of a shock, not least because ever since the Gold Rush it has been Sierran snowmelt that has dominated the state’s mirage-like fantasies of an unending stream of water that would blast open mineral riches, fill reservoirs, irrigate farms and lawns, drive industrial production, and wash windows, cars, and sidewalks. This natural tap would forever boom the state’s economy. But could the desert, specifically the Mojave Desert, one of the most arid regions on this blue planet, become a rich repository of water? That has seemed a contradiction in terms.

Adding to the confusion is that the main actors in this most-recent drama are not the usual suspects. This story isn’t about water grabs devised by big ag in the Central Valley. It isn’t about a scheming Metropolitan Water District (though it would surely benefit from the deal). Neither the City of Los Angeles nor the State of California, each of which in the past has diverted vast amounts of other region’s water for its own ends (and ticked off a lot of people in the process), are the creators of this particular narrative.

Taking center stage instead is a clutch of venture capitalists who have invested in the Cadiz Project, and whose investment has underwritten the purchase of 34,000 desert acres and associated water rights in San Bernardino County. Theirs is a supply-side operation, a tantalizing pool of water that has not yet been integrated into California’s highly complex water-market. Should it ever be so — and you can be certain that Cadiz will do everything in its power to make that happen, SB307 notwithstanding — then its privately owned groundwater will become a cash cow for Wall Street profiteers.

Standing in their way is this new law, the promise of which is that it unflinchingly calls the question on water agencies and consumers: why are we still fixated on securing new supplies of hitherto unexploited water, by hook or by crook? Cadiz, after all, is one more shimmering proposal, in a long line of such illusions, that ever-dry Southern California can solve its water crises by pumping out the Owens River Valley, the Colorado River, or that trio of NorCal rivers, the Feather, Sacramento, or the San Joaquin. Absent this law, and the Mojave would be yet another victim of our unquenchable thirst.

The adoption of this law sheds light on a new approach to water management: the smartest, least expensive, and most efficient method of building a more water-resilient state is to tackle the demand side of the equation. That’s at the heart of an argument by Peter Gleick, president Emeritus of the Pacific Institute, in a 2018 article in the Proceedings of the National Academy of Sciences. In it, he probes the new water-management paradigm that he dubs the "soft water path,“ a refocusing on the “multiple benefits water provides, improving water use efficiency, integrating new technology for decentralized water sources, modernizing management systems, committing to ecological restoration, and adopting more effective economic approaches.“ By rigorous conservation we can do more with less.

That prospect isn’t new. It has been demonstrated in the implementation and constant improvement of low-flow technologies that are required features in building codes across California. It was strikingly manifest, amid a punishing four-year drought, in the rapid decrease in urban water use following Gov. Jerry Brown’s April 2015 declaration of mandatory emergency restrictions to cut consumption by 25%. It is evident as well in Orange County’s highly successful groundwater replenishment operation — to date, the world’s largest — that captures and treats stormwater and effluent to the EPA’s highest standard for potable water; the project currently serves more than 500,000 people a year (with an expansion underway to increase its capacity to an estimated 850,00 consumers by 2020).

This system is making a critical contribution to the county’s ambition to become water independent by 2050, an ambition that the UCLA Institute of the Environment and Sustainability believes Los Angeles County could replicate. In its 2018 report, the center highlighted “potential pathways to a transformation of the city’s historical reliance on imported water to an integrated, green infrastructure, water management approach that provides water quality, supply, flood control, habitat, open space and other benefits.”

Although galvanizing policymakers, politicians, and taxpayers to invest in these proven, real-world outcomes will not be easy, UCLA researchers believe “the recent extreme drought on water supplies throughout California has created a new urgency to increase the city’s ability to provide a secure, resilient water supply through local sources.“ SB307 might accelerate that transition by helping break our bad habit of relying on Cadiz-like pipe dreams, which the late historian Norris Hundley argues in “The Great Thirst“ was “born of an earlier era when abundance encouraged abuse.“ If it does so, then it will mark a significant turning point in the state’s contentious water history.

Char Miller is the W.M. Keck Professor of Environmental Analysis and History at Pomona College, and among his most recent books are "Not So Golden State: Sustainability vs. the California Dream," "The Nature of Hope: Grassroots Organizing, Environmental Justice, and Political Change," "Public Lands, Public Debates: A Century of Controversy," and "Death Valley National Park: A History."

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.”

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.

September 1, 2017

California lawmakers block Mojave water bill, Cadiz surges

Amboy Crater lies 20 miles west of Cadiz in the eastern Mojave Desert in this undated photo. (Courtesy Bureau of Land Management)

Reporting by Noel Randewich
Reuters


SAN FRANCISCO (Reuters) - Shares of water resource developer Cadiz Inc (CDZI.O) surged 32 percent in extended trade on Friday after a bill aimed at clogging up its plan to pump water from California’s Mojave Desert failed to make it past a state Senate committee.

In a blow to environmentalists and other opponents of the project, California’s Senate Appropriations Committee held Bill AB 1000, known as the California Desert Protection Act, instead of advancing it.

“I‘m deeply disappointed that the state legislature is actively blocking a bill to prevent Cadiz - one of the Trump administration’s pet projects - from destroying the Mojave Desert,” U.S. Senator Dianne Feinstein, a Democrat, said in a statement.

AB 1000 would require additional state government certifications that could stop plans by Cadiz to capture groundwater that it says would otherwise evaporate under 34,000 acres of land it owns in the eastern Mojave Desert.

Aimed at supplying water for 400,000 people, the Cadiz Water Project has already been approved by two California public agencies and withstood court challenges.

“The Cadiz Project will add a new reliable water supply in Southern California and safely and sustainably manage groundwater that is otherwise lost to evaporation,” Cadiz spokeswoman Courtney Degener said in a statement after the committee’s decision.

Under President Donald Trump, the Bureau of Land Management in March undid two Obama-era directives preventing Cadiz from using a federal railroad right-of-way to build a water pipeline.

Cadiz’s stock had lost a fifth of its value earlier in Friday’s session ahead of the Senate committee’s meeting. Its after-the-bell surge following the committee’s decision more than made up for that loss.

California Governor Jerry Brown on Thursday sent a letter to legislative leaders urging them to pass the bill and California Lieutenant Governor Gavin Newsom sent a similar missive.

Had the Senate Appropriations Committee approved the bill, it would have faced additional legislative hurdles before Brown could sign it.

August 16, 2017

One California desert national monument is safe — but another is still in jeopardy

Sand to Snow National Monument includes the Devil's Playground area just west of Highway 62, which is populated by many species of cacti. (Photo: Jay Calderon/The Desert Sun)

Sammy Roth
The Desert Sun


The Trump administration won't shrink or eliminate Sand to Snow National Monument near Palm Springs, Interior Secretary Ryan Zinke said Wednesday — but elsewhere in the California desert, Mojave Trails National Monument may still be on the chopping block.

Zinke has been reviewing 22 national monuments created or expanded by presidents Barack Obama and Bill Clinton, with plans to submit final recommendations to President Donald Trump by next week. Sand to Snow is the sixth monument for which Zinke has said he'll recommend no changes, following Canyons of the Ancients in Colorado, Craters of the Moon in Idaho, Grand Canyon-Parashant in Arizona, Hanford Reach in Washington and Upper Missouri River Banks in Zinke's home state of Montana.

"The land of Sand to Snow National Monument is some of the most diverse terrain in the West, and the monument is home to incredible geographic, biologic and archaeological history of our nation," Zinke said in a statement.

President Obama created Sand to Snow National Monument using his authority under the Antiquities Act in early 2016, protecting 154,000 acres that stretch from the desert floor near Palm Springs to the peak of Mount San Gorgonio. The monument helps link San Bernardino National Forest, the San Jacinto Mountains and Joshua Tree National Park, connecting a diverse array of ecosystems and protecting a wildlife corridor traversed by mountain lions, bighorn sheep and desert tortoises, among other species.

Obama designated two other monuments in the California desert at the same time as Sand to Snow: the 1.6-million-acre Mojave Trails monument, which surrounds historic Route 66 between Mojave National Preserve and Joshua Tree National Park, and Castle Mountains National Monument, which fills in a 21,000-acre gap in the preserve.

Obama established the three monuments to protect those places from mining, solar and wind farms and others forms of development, after legislative efforts in Congress failed.

Monument bills introduced by Sen. Dianne Feinstein, a Democrat, never reached a vote. Neither did legislation written by GOP Rep. Paul Cook, which would have created the Sand to Snow monument and offered a lesser level of protection to Mojave Trails.

Both monuments were swept up by Trump's April 2017 executive order, which called for Zinke to make recommendations to Trump on 22 land-based monuments by August 24. But Sand to Snow has been relatively non-controversial, even among opponents of Obama's designation. In a letter to Zinke last month, 17 House Republicans — including Cook, who represents the High Desert — recommended no changes to Sand to Snow.

High Desert residents cheered Zinke's decision not to alter the national monument.

Real estate agent Karen Lowe, who serves as secretary of the Morongo Valley Chamber of Commerce, said local businesses and residents spent nearly a decade lobbying for Sand to Snow, which encircles Morongo Valley. Local leaders expect the monument to boost tourism as the National Park Service adds infrastructure and promotes the site.

"When we finally got the monument, we were so excited. And now to find out that it's going to remain unchanged — it's just great news for Morongo Valley," Lowe said.

April Sall lives in the tiny High Desert community of Pioneertown and is a member of the board of directors of the Wildlands Conservancy, a conservation group. She called Zinke's decision not to reduce Sand to Snow National Monument a "good start," but said Sand to Snow and Mojave Trails didn't need to be reviewed in the first place.

"Both the desert monuments were very strongly vetted, and we had a real groundswell of support. And it was a grassroots campaign that really started with the community members wanting to protect that landscape from industrial energy development," Sall said. "People were stoked that their voice mattered and they got to protect this place, so the fact that it went under review, with no justified reason...was a bit of a dark shadow."

Mojave Trails National Monument may have a different fate.

The 17 House Republicans who wrote to Zinke, including Cook and two other Californians, urged him to shrink Mojave Trails. In their letter, they said Obama's Mojave Trails designation could prevent future expansion of some mining operations, although they acknowledged it doesn't affect existing mining rights within the monument.

Mojave Trails supporters are worried changes to the monument's boundaries could clear the way for Cadiz Inc.'s controversial plan to pump groundwater from a Mojave Desert aquifer and sell it to Southern California cities. Cadiz's land is surrounded by the monument. Conservation groups say the project would remove more groundwater from the underground aquifer than nature puts back in, harming plants and animals in the monument and in nearby Mojave National Preserve — a claim the company disputes.

It's not clear Trump has the legal authority to eliminate monuments established by previous presidents, but several presidents have reduced the size of monuments. In their letter to Zinke, the 17 congressional Republicans called for Trump to eliminate nine monuments and shrink 14 others, arguing that previous presidents have overstepped their authority by using the 1906 Antiquities Act to protect huge swaths of federal land.

"No one person should be able to unilaterally lock up millions of acres of public land from multiple-use with the stroke of a pen. Local stakeholders deserve to have a voice on public land-use decisions that impact their livelihoods," they wrote to Zinke.

Critics, though, say Trump's monument review is designed to benefit oil and gas, mining, timber and other industries that hope to extract more resources from public lands. If Trump tries to revoke any monument protections, conservation groups are likely to sue.

Responding to Zinke's announcement Wednesday that he won't recommend changes to Sand to Snow, Aaron Weiss — a spokesperson for the Center for Western Priorities, a Denver-based conservation advocacy group — said Zinke's latest decision "makes it clear he is not using any legitimate criteria to evaluate our national monuments."

"This charade has gone on long enough," Weiss said in a statement. "The secretary himself admits Sand to Snow is 'home to [the] incredible geographic, biologic, and archaeological history of our nation,' which is true of every single monument he's threatening. Ryan Zinke needs to stop playing reality show games with our public lands."

July 6, 2017

Bill would curb massive Cadiz desert water project

Cadiz Inc. plans to pump the Mojave Desert aquifer and transport that water to Southern California communities. (Jay Calderon/The Desert Sun)

By DAVID DANELSKI
The Press-Enterprise


The battle over plans by a Los Angeles company to sell water pumped from aquifers underneath Mojave Desert conservation areas heated up again this week when state legislation was amended to require a new round of state reviews.

The legislation’s new language, by Assemblywoman Laura Friedman, D-Glendale, would stop major pumping until state land and wildlife officials determined that groundwater extractions would not harm wildlife or cultural resources.

The legislation is in response to the Cadiz desert water project that has been prioritized by the Trump administration.

Cadiz officials called the legislation a flawed attempt to further delay the project.

Cadiz wants to pump groundwater from wells on land its owns in the Cadiz Valley that is surrounded by the Mojave Trails National Monument. These wells would draw water from connected aquifers below the Cadiz, Bristol and Fenner valleys that supply springs within the monuments as well as the Mojave National Preserve.

The water would be piped more than 40 miles across federal lands along a railroad right of way to the Colorado River Aqueduct. It would then be ferried to water customers in suburban Southern California.

The project has been staunchly opposed by environmental groups and other desert advocates, including Sen. Dianne Feinstein, D-Calif., who sponsored the California Desert Protection Act of 1994 that created the Mojave National Preserve and protected 69 wilderness areas between the Mexican border and the town of Bishop.

If it passes the Legislature and is signed by Gov. Jerry Brown, the new state law also would be called the California Desert Protection Act.

Contacted by cell phone, Friedman, a first-year legislator, said her aim is to conserve the water below the desert conservation areas that wildlife depends upon.

“This is the water that supports the desert’s ecosystem, and it is vitally important,” she said.

The law would prohibit taking groundwater from a large swath of the Mojave unless the State Lands Commission, working with the state Department of Fish and Wildlife, finds that pumping “will not adversely affect the natural or cultural resources of those federal and state lands,” the bill says.

Friedman said the Cadiz project could go forward under the law if the new state reviews find it does no harm.

The Cadiz company issued a statement Thursday, July 6, that contends the legislation is designed “to further delay the Cadiz Water Project” by using a “gut and amend” legislative process, which is “universally condemned.” (The original bill, AB 1000, pertained to water meter standards.)

The company’s statement said the project was previously reviewed under state environmental disclosure laws and “found to have no adverse impacts on the environment.” Those reviews were done about 17 years ago.

The Cadiz project would “create a safe, sustainable water supply for 400,000 people,” as well as about “$1 billion economic activity and close to 6,000 jobs,” the company statement added.

The Santa Margarita Water District in southern Orange County plans to buy between 5,000 to 10,000 acre-feet a year, said district spokesman Jim Leach. In all, the project would pump as much as 50,000 acre-feet a year, depending on how the water tables are affected by the extraction, he said.

“We are really disappointed,” Leach said. “We see this legislation as a roadblock to delay the project.”

But Feinstein and other critics maintain the Cadiz project is unsustainable.

In May, the senator released a letter from the U.S. Geological Survey that said a 2000 analysis by the agency found that the Cadiz, Bristol and Fenner basins naturally recharged water at rates of 2,000 to 10,000 acre-feet a year — just a fraction the rate water would be pumped out of these basins.

The Trump administration has made moves favorable to the project. In April, it rescinded a 2014 policy directive that was used to find in 2015 that Cadiz needed to obtain a federal right of way permit and thus had to complete comprehensive environmental studies before it could build a water pipeline in the railroad right of way.

The Trump transition team also put Cadiz on a list of priority projects.

“If the federal government is not going to do these environmental reviews, the state has a responsibility to do them,” Friedman said.

May 16, 2017

Nevada rancher, water authority opponent Dean Baker dead at 77

Rancher Dean Baker talks strategy with fellow Snake Valley residents at a 2009 meeting in advance of a hearing on plans to pipe groundwater to Las Vegas from across eastern Nevada. (Las Vegas Review-Journal)

By Henry Brean
Las Vegas Review-Journal


Dean Baker was a rancher, a pilot and a businessman, but most people knew him as a thorn in the side of the Southern Nevada Water Authority.
The dogged opponent of the authority’s plans to siphon water from across eastern Nevada died Saturday at a St. George, Utah, hospital from complications from Alzheimer’s disease. He was 77.

“He was driving around the ranch on dirt roads a week before he died,” said Baker’s oldest son, Dave. “It meant everything to him.”

Baker was born Dec. 19, 1939, in Delta, Utah, where he learned to farm, ranch and fly an airplane solo by the age of 16.
In 1959, he moved to Snake Valley, on the Nevada-Utah border 300 miles northeast of Las Vegas, to help run a ranch his father had acquired there a few years earlier.

The town they settled in was also called Baker, but that was just a coincidence.

Dave Baker said his dad never finished high school but still earned a business degree from the University of Utah.
“He was a good businessman, and he recognized opportunity,” Dave Baker said.

Under Dean Baker’s direction, his son said, their cattle and alfalfa operation more than doubled in size over the past 20 years, consolidating what used to be a dozen separate ranches into a single, family-owned corporation operating on more than 12,000 acres on both sides of the state line.

Fighting MX missiles

Baker’s first taste of activism came during the Carter administration, when the federal government floated plans for a system of mobile nuclear missiles mounted on railroad tracks to be laid across 35,000 square miles of Nevada and Utah.

Dave Baker said the MX missile project would have “swallowed up a bunch of our winter range,” so his dad joined the brief, successful campaign against it.

A decade later, Baker found himself in another David-and-Goliath fight when Las Vegas water officials launched a sweeping grab for unappropriated groundwater across rural Nevada, including Snake Valley.

Baker spent the better part of the next 20 years commenting at meetings, writing letters, serving on committees and joining lawsuits in hopes of blocking the water authority’s still-pending, multibillion-dollar pipeline proposal. The effort required countless trips — often in his own airplane — to Las Vegas and Carson City, where he registered as a legislative lobbyist so he could plead his case directly to lawmakers.

In the process, he became the unofficial spokesman for the opposition. Reporters from across the country and around the globe painted him as a folk hero — the humble rancher fighting to protect his spread from the insatiable thirst of Las Vegas. And Baker was happy to oblige — anything to spread the word about their struggle.

“It’s just because I’m a bullheaded, opinionated old goat,” he told the Las Vegas Review-Journal in 2013.

Longtime Nevada activist Abigail Johnson fought alongside Baker against both the MX missiles and the water authority’s pipeline. She later got to know him as a neighbor after she bought a place in Baker.

“He was a very courageous man and a very principled man,” she said.

One of his strengths, Johnson said, was his ability to work with and even befriend people from very different backgrounds, including a few rabid environmentalists who liked to argue with him about livestock grazing on public land. “He started out as a conservative rancher, and he was always a conservative rancher, but he had an open mind and he wasn’t afraid to change,” she said.

Once after a water meeting in Las Vegas, Johnson caught a ride back to Snake Valley in Baker’s plane, which he landed on one of the long dirt roads at the ranch. “He showed me all kinds of things on the way,” she recalled. “He just loved flying. That was just his favorite thing.”

Baker is survived by his wife of 19 years, Barbara; his daughter, Chris Robinson; sons Dave, Craig and Tom; stepsons Gary and Dennis Perea; and 18 grandchildren. He was preceded in death by his parents, Fredrick and Betty Baker, and his brother, Carl.

Baker was buried Monday in the same cemetery as his parents, about two miles from the ranch in Snake Valley.

His family is planning a public memorial service at the ranch on June 24.

April 4, 2017

Feinstein fumes as Trump team waives environmental review for Mojave water project

Scott Slater, CEO of the Cadiz water project, stands near a basin at the project site near Needles, California, Slater and Cadiz have recently gotten a big boost by a Trump administration decision that relieves the project of a federal environmental review requirement. (Noaki Schwartz AP)

BY STUART LEAVENWORTH
Sacramento Bee


WASHINGTON -- The Trump administration has handed a big boost to a private water venture in Southern California, angering California’s senior senator, Democrat Dianne Feinstein, who said the decision could “destroy pristine public land” in the Mojave Desert.

In a little-noticed memorandum issued last month, the Department of Interior’s Bureau of Land Management effectively relieved the Cadiz water project of the requirement to undergo a federal environmental review, which the company had sought to avoid. The decision greatly boosts the prospects for Cadiz, which wants to tap water from under the Mojave and sell it to thirsty water districts in Southern California.

“The detrimental impact this project would have on the California desert is irreversible,” Feinstein said in a statement. “Rather than allow a proper environmental review, the Trump administration wants to open the door for a private company to exploit a natural desert aquifer and destroy pristine public land purely for profit.”

Cadiz responded that its project has undergone multiple environmental reviews, including a California Environmental Quality Act review that survived court challenges.

Feinstein’s “opposition has done a disservice to thousands of Californians who will benefit from this public-private partnership – a project which will deliver new, reliable water without any adverse environmental impacts,” Cadiz CEO Scott Slater said in a statement.

As noted in a Feb. 8 story by McClatchy, Cadiz has seen its fortunes rise since Trump was elected. Its stock price has more than doubled since Trump’s victory, apparently because investors believe the venture will fare better now than it did when Barack Obama was in office. Slater, the company’s CEO, is a water lawyer affiliated with the Denver-based firm Brownstein, Hyatt, Farber, Schreck, an influential lobbying force in Washington.

One remaining hurdle for Cadiz is building a 43-mile pipeline necessary for shipping its water to potential customers. Prior to 2015, Cadiz assumed it could use an existing railroad right-of-way for the pipeline and do so without a costly and time-consuming federal review. Yet two years ago, the California office of the U.S. Bureau of Land Management reversed a 2009 determination and required Cadiz to seek a permit to build the pipeline.

Over the last two years, Cadiz has been lobbying Congress to overturn the BLM decision and pass legislation that would relieve it and other companies of permitting requirements on railroad right of ways. On March 1, two California lawmakers – Democrat Tony Cardenas and Republican Tom McClintock – joined 16 other congressional representatives in a letter to Interior Secretary Ryan Zinke, asking him to rescind the BLM decision and relieve the project of a federal review.

In a March 29 memorandum, Zinke’s Interior Department did just that, rescinding the 2015 decision signed by Timothy Spisak, acting assistant director for BLM’s Division of Energy, Minerals, and Realty Management.

Feinstein is the author of the 1994 California Desert Protection Act, which established the Death Valley and Joshua Tree national parks and the Mojave National Preserve. She has long opposed Cadiz, which has struggled for 15 years to get traction on different versions of its water project.

Feinstein points to analyses by the National Park Service and U.S. Geological Survey to argue that Cadiz would withdraw more water – 50,000 acre feet each year – than nature could provide to recharge the desert aquifer.

“The Trump administration has once again put corporate profits ahead of the public’s interest,” Feinstein said in her statement. “In a blatant attempt to muscle the Cadiz water project through, the administration is completely undermining federal oversight of railroad rights-of-way.”

Cadiz rejects those claims, asserting that more recent analyzes have found that the company’s proposed groundwater withdrawals pose no threat to the desert’s flora and faunta.

“Senator Feinstein regrettably relies on outdated, 17-year old data inconsistent with presently known facts as foundation to oppose a project which will safely and sustainably create new water for 400,000 people, has broad bipartisan community support, will generate 5,900 new jobs, and will drive nearly $1 billion in economic growth,” Slater said late Tuesday.

Feinstein, who sits on the Senate Appropriations Committee, has used her position before to block Cadiz and other developments she has deemed detrimental to the Mojave Desert. Whether she can again is not clear, but she pledged Tuesday to “fight this latest effort to push the Cadiz water project through.”

Trump administration boosts huge Mojave Desert water-pumping project

Environmentalists say the Cadiz project would rob the desert of the water that plants and wildlife need to survive.

A pumping station designed to help Cadiz project researchers understand how quickly water seeps into the earth is shown in this June 2015 file photo. (JOSHUA SUDOCK, STAFF FILE PHOTO)

By DAVID DANELSKI
Riverside Press-Enterprise


The Trump administration has removed a major roadblock to plans by a Santa Monica company to pump ancient groundwater from below the Mojave Desert and sell it to urban areas of Southern California.

The federal Bureau of Land Management has rescinded a 2015 administrative finding that Cadiz, Inc. needed to obtain a federal right of way permit and thus had to complete comprehensive environmental studies before it could build a water pipeline within 43 miles of railroad right of way owned by the Arizona & California Railroad.

The move follows a January decision by the Trump transition team to put Cadiz on a list of priority infrastructure projects, and a state appellate court’s rejection last year of a lawsuit filed by environmental groups challenging the project.

The $225 million Cadiz Valley Water Conservation, Recovery and Storage Project still needs approval from the powerful Metropolitan Water District to use the Colorado River Aqueduct to ferry the water to urban Southern California.

Cadiz company officials said in statement that they are pleased with the Trump administration’s decision. The statement said they have always believed “the BLM’s 2015 evaluation was contrary to law and policy.”

In 2008, Cadiz entered into a lease agreement with the railroad company to build a pipeline in between the wells it owns in the Mojave Desert area, west of Needles and south of Interstate 40, to the Colorado River, using the railroad’s right of way over federal land.

From the river area, the water could be ferried to urban Southern California using the aqueduct and reservoir system operated by the Metropolitan Water District.

“Our discussions are continuing about what would be required before they can put water in the Colorado River Aqueduct,” said water district spokesman Bob Muir.

In 2002, the water district’s board voted down an earlier version of the Cadiz project that also needed to use the aqueduct.
The project is staunchly opposed by environmental and desert advocates, who say it would rob the desert of the water that plants and wildlife need to survive.

“Many of the springs and seeps are going to dry up because of groundwater extraction,” said Ileene Anderson, a biologist with the Center for Biological Diversity.

She is particularly concerned that the pumping would harm the Mojave National Preserve and recently created Mojave Trails National Preserve [sic].

Sen. Dianne Feinstein, D-Calif., said in a statement that the new administration was muscling through the project without proper reviews. Feinstein is an ardent desert supporter who authored the California Desert Protection Act that created the preserve and other protections more than 20 years ago.

“The Trump administration wants to open the door for a private company to exploit a natural desert aquifer and destroy pristine public land purely for profit,” her statement said.

“The administration is completely undermining federal oversight of railroad rights-of-way. “

February 8, 2017

California water venture tied to Trump sees prospects rise after years of setbacks


BY STUART LEAVENWORTH
Sacramento Bee


WASHINGTON -- Until Donald Trump won the presidency, prospects looked bleak for Cadiz, a California company that has struggled for years to secure federal permits to transform Mojave Desert groundwater into liquid gold.

With the change of administration, a new day is dawning. In December, the National Governors Association circulated a preliminary list of infrastructure projects provided by the Trump transition team, and Cadiz’s was on the list. The company’s stock price rose on that news, part of a trend that has seen Cadiz’s valuation more than double – to roughly $14 a share – since the election.

Cadiz has worked hard to raise its profile among consultants compiling lists of possible infrastructure projects, says Scott Slater, CEO for the company.

But what has really helped Cadiz is its deep connections to Washington. Slater is part of a Denver law firm – Brownstein, Hyatt, Farber, Schreck – whose attorneys have long lobbied the Interior Department, with some serving inside of it. One of those is Brownstein’s David Bernhardt, who served as Interior’s solicitor during George W. Bush’s presidency, helped Trump during the transition and is a candidate to return to Interior in a top job. He’s also been a lobbyist for the powerful Westlands Water District in California’s Central Valley.

In an interview, Slater said Cadiz still faced hurdles but the project’s future looked brighter than it did a few months ago. “The dynamics have changed,” said Slater, noting that Republicans now control the White House in addition to both houses of Congress.

Slater and his law firm have a lot riding on Cadiz’s success. According to an SEC filing last year, the Brownstein firm stands to earn 200,000 shares of Cadiz stock if the company meets milestones for completing the project and selling water. Brownstein has already earned 200,000 shares for its involvement with the company — a stock portfolio that is sure to appreciate in value if Cadiz can overcome permitting obstacles.

Numerous businesses are hoping to cash in on Trump’s interest in infrastructure. Two weeks ago, McClatchy was the first to report on a list of infrastructure projects that, according to the National Governors Association, the Trump transition team had given the group. Cadiz’s was one of two private California water projects on the list; the other was a desalination project south of Los Angeles.

While Trump is a supporter of traditional public works – touting the need for “new roads, highways, bridges, airports, tunnels and railways” during his inaugural address – fiscal hawks and some GOP leaders are leery of new federal funding for infrastructure. That political calculus has created openings for private infrastructure projects seeking regulatory relief, especially if they have connections. Cadiz’s project falls into both of those categories.

The brainchild of a British financier, Keith Brackpool, Cadiz is a publicly traded company with a stock price that has gyrated for a decade and a half. The company owns 45,000 acres in the Mojave Desert, where it hopes to extract water from an aquifer to sell to thirsty water districts in Southern California.

Fifteen years ago, the company’s stock price approached $200 a share, in part because Brackpool was close to then-Gov. Gray Davis of California, and investors apparently assumed that Cadiz had the political juice to make its project a reality. Yet Cadiz ran into opposition from the Metropolitan Water District of Southern California, which started questioning the company’s financial resources, and also from environmentalists, who feared the project could further dry up the Mojave, a national preserve. By 2011, Cadiz’s stock price had dropped below $10.

That’s when Slater came aboard. An expert in California water law, he became president of Cadiz in 2011 and rose to become CEO two years later. Through Slater’s Brownstein firm and other firms, Cadiz also stepped up its advocacy efforts on Capitol Hill, spending $3.4 million in lobbying from 2011 to 2016, according to a tabulation by the Center for Responsive Politics.

Slater has helped the company win several legal victories. In 2016, California’s 4th District Court of Appeal upheld six lower-court decisions in favor of Cadiz, putting to rest further state court litigation against the company’s environmental impact report.

Yet the company remains blocked by an unexpected 2015 Interior Department decision. That year, the California office of the U.S. Bureau of Land Management, an Interior agency, reversed a 2009 determination that the Cadiz project needed no federal permits. Cadiz had long believed that it could use an existing railroad right of way to build a 43-mile pipeline to transfer its water to potential buyers, and do so without a federal permit.

The BLM ruling opened up the possibility of an uncertain multi-year federal review, frightening potential investors and sending the company’s stock price down to the $4 range.

Slater said in an interview that Cadiz was urging the new administration to rescind the BLM decision, “accelerating our path by removing some of the underbrush.” Cadiz also wants Congress to pass legislation to make clear its intent on how the BLM should handle decisions involving railroad rights of way. The issue is of concern to legislators outside of California, said Slater, because the 2015 BLM decision potentially could affect use of all railroad rights of way in the West.

Matt Lee-Ashley, a former Interior Department official, said that what Cadiz was doing was typical during a White House transition. “Anytime an administration turns over, anyone who had a project with an unfavorable ruling will try to make another run at it,” said Lee-Ashley, who worked in Interior during the Obama administration and now is public lands director at the Center for American Progress, a liberal advocacy group.

Yet even though Cadiz has new friends in a Trump administration, it may not be enough to counter the company’s most formidable foe: U.S. Sen. Dianne Feinstein, the California Democrat who wrote the Desert Protection Act of 1994 and has long been the Mojave’s guardian. She has the ear of ranchers and conservationists who fear that Cadiz’s pumping project could damage the desert’s range lands and ecosystems.

Cadiz disputes those claims, arguing that it will be withdrawing only water – enough to supply 100,000 homes yearly – that would otherwise evaporate from lake beds in the desert. So far, however, Cadiz has been unable to win over California’s senior senator, who succeeded this year in persuading President Barack Obama to create three new national monuments in the Mojave, totaling more than 1.3 million acres.

Things could also get complicated if David Bernhardt, Slater’s colleague at the Brownstein firm, takes a top job at Interior. Brownstein’s 250 lawyers represent scores of clients, and the firm runs a political action committee that has given more than $513,000 to federal candidates and members of Congress since 2014.

According to a recent report in Energy and Environmental News, Bernhardt is a front-runner to serve as deputy to Ryan Zinke, a Montana congressman who is Trump’s interior secretary nominee.

Late last year, Bernhardt withdrew his registration as a lobbyist. If he moved back to Interior, Bernhardt would have to recuse himself from Interior issues involving his former clients, including Westlands.

But it’s less clear whether he’d have to recuse himself from matters involving other Brownstein clients, of which there are many. Attempts by McClatchy to obtain White House clarification were unsuccessful.

Also unclear is how Cadiz’s project ended up on a list of “emergency and national security priority projects” distributed to the National Governors Association and reported by McClatchy. Slater suspects that Cadiz rose on someone’s radar after he made several presentations at infrastructure conferences last year, including one hosted by CG/LA Infrastructure Inc., a national consulting firm. CG/LA is headed by Norman F. Anderson, an infrastructure expert who has ties to Dan Slane, a real estate developer from Ohio who has been helping the Trump administration with transition work.

Anderson couldn’t be reached for comment, but in a telephone interview on Tuesday, Slane said he had met with Cadiz’s CEO and thought it had a worthy project.

“That’s one where they just need some help from us on the permitting side,” said Slane, adding that he thought the Trump administration “could help with expediting permitting.”

August 16, 2016

The Pipeline and the Short Seller

Emails show a federal regulator shared non-public information with an investor.

Water gushes into a pilot spreading basin on Cadiz Inc. property in California's Mojave Desert in 2002. (PHOTO: ZUMA PRESS)

OPINION
Wall Street Journal

Trust in Washington has hit a historic low, and one reason is the sense that government regulators favor some people over others. Consider an email trail that reveals how a federal employee shared inside information about regulatory approval with a short seller.

The emails concern a water pipeline in California that is stuck in regulatory limbo. The story begins in 1998, when the Los Angeles-based land management company Cadiz Inc. began plans to develop a groundwater bank on private land overlying a watershed in the Mojave Desert. Cadiz proposed building an underground pipeline along the Arizona & California Railroad’s right-of-way to transport 50,000 acre-feet of water annually to Southern California.

The Department of Interior’s longstanding policy allowed railroads to run power, telephone and fiber optics lines along their rights-of-way without a federal permit, thus expediting environmental review. However, in November 2011, after Cadiz had modified its plan to reduce environmental opposition, Interior at the insistence of California Sen. Dianne Feinstein revised its policy to limit the use of railroad rights-of-way granted in 1875 to “activities that derive from or further a railroad purpose.”

The Cadiz pipeline was the only project subject to the new rules. Cadiz spent several years and $12 million reconfiguring the pipeline to “further a railroad purpose,” proposing the likes of hydro-turbines, power safety systems and automated fire suppression. None of Cadiz’s compromises satisfied regulators.

On Oct. 2, 2015, the Bureau of Land Management (BLM) informed congressional staff—who tipped off Cadiz—of an imminent adverse ruling. A letter circulated by the bureau noted that the pipeline “does not derive from or further a railroad purpose” because the fire suppression system was “an uncommon industry practice,” among other complaints. The kicker was that the ruling could not be appealed because it “is not a final agency decision.” Thus the pipeline would have to undergo a formal environmental review. Ms. Feinstein has attached riders to every Interior appropriations bill since 2008 barring a review.

Within a week of the BLM ruling, Cadiz’s stock plummeted 65%. Yet one Cadiz investor had inside information that could have allowed him to make a killing. Emails obtained through a Freedom of Information Act request by Cadiz reveal that BLM realty specialist Erik Pignata (who oversaw the Cadiz review from the Sacramento bureau) shared non-public information with Cadiz investor Thomas McGannon of Whetstone Capital Advisors. Cadiz provided the emails to us.

***

Whetstone, based in Mission Woods, Kansas, describes itself as “a value oriented long/short investment fund.” Mr. McGannon told the Kansas City Business Journal in May 2014 that “when we put a short into the Whetstone portfolio, it’s because we’ve done research on a specific company and think that for one reason or another the value of that company is declining and the stock price is likely to decline over time as well.” That strategy would certainly fit with Mr. McGannon’s research into Cadiz with the help of the BLM’s Mr. Pignata.

Mr. McGannon declined to say if or how he traded Cadiz shares and sent us this statement: “Our research over a five year period led us to believe that there was an investment opportunity presented by Cadiz’s stated business plan, which appeared contrary to information that was publicly available. We did not seek nor obtain any material non-public information regarding the Cadiz Water Project.”

Yet the emails suggest that Mr. McGannon sure was interested in regulatory decisions about Cadiz. The Pignata-McGannon email trail that we’ve seen begins with Mr. McGannon following up on a FOIA request in September 2014 soliciting information about the bureau’s review. Mr. Pignata referred documents related to the request to the bureau’s FOIA officer. This should have closed their communication since government employees aren’t supposed to disclose non-public information to third parties outside of the FOIA process that could benefit private interests.

***

Mr. McGannon continued to probe Mr. Pignata about the project’s regulatory prospects. “Does the green line go through BLM lands?” Mr. McGannon asked in a Sept. 9, 2014 email, referring to a map of the Cadiz project. “I was mostly just curious if an alternate route along the green line would require BLM approval.” Mr. Pignata responded later that day that the alternative route “almost certainly” does.

On Feb. 19, 2015, Mr. McGannon inquired if there has been “any movement on the project discussions since we last spoke?” Mr. Pignata replied: “No, we are formulating our evaluation with DOI legal staff.” The emails suggest the two chatted repeatedly over the phone.

On June 4 Mr. McGannon emailed “great to catch up” along with a link to a blog post “Strong Sell On Project Failure, Insider Enrichment, And Bankruptcy, Price Target $0” that eviscerated Cadiz. On September 23 Mr. McGannon asked if there was “any news likely this week?” Mr. Pignata replied: “I have a briefing w/ the almost-highest people in my agency tomorrow . . . No pressure or anything.” Mr. McGannon cheered him on: “You got it man!”

A week later, Mr. McGannon inquired into when an adverse ruling would be finalized: “Wont [sic] it be great when I don’t bother you anymore.” Mr. Pignata replied: “I have a feeling Cadiz, Inc. isn’t going anywhere . . . so you’ll get to keep bugging me.” Several of Mr. Pignata’s emails suggest an animus toward the Cadiz project.

On October 1, Mr. Pignata assured his hedge-fund pen pal that the BLM determination would “for sure” be “signed tomorrow.” Mr. McGannon rejoiced: “Maybe one of these days ill [sic] get to buy you a beer or something as a thank you.” BLM made its ruling the next day.

Cadiz disclosed on October 5 that it had been briefed by a congressional office that an adverse ruling might be imminent. The company says the bureau did not respond to its email requests for confirmation. Cadiz’s share price tumbled by nearly two-thirds. A short seller who bet against the stock and had advance knowledge of the outcome could have made significant gains.

There are numerous chronological gaps in the emails between Messrs. Pignata and McGannon, which suggests there may be more documents the government hasn’t turned over. Mr. Pignata declined comment beyond an email saying he had complied with the FOIA request. A spokesperson for the Bureau of Land Management says the agency recently became aware of the Pignata-McGannon communications and has referred the matter to the Department of Interior’s Office of the Inspector General.

House Oversight Committee Chairman Jason Chaffetz has sent a letter to the Bureau of Land Management soliciting more information about the correspondence. The bureau should explain whether Mr. Pignata’s communications comport with a 1990 executive order forbidding government employees from improperly using non-public government information to further a private interest.