A guest post by Catherine Freeman*
The potential to use groundwater to increase supply, by introducing water from another source into the ground as storage, or encouraging the natural refilling of groundwater basins, is a significant option to address water supply needs. However, successful implementation of this solution is hampered because groundwater use is generally not regulated or monitored at the state level (in contrast to surface water). In addition, local groundwater management does not take into account statewide water needs. Finally, groundwater quality is not protected under state regulation as comprehensively as surface water quality. When contaminated, groundwater loses its full potential to serve as a water supply source.
In our 2008 publication, "California's Water: An LAO Primer" [see this post], we recommend that the Legislature establish a state-administered water rights system for groundwater. In addition, we recommend that the water quality permitting processes of the state and regional water boards be restructured to protect groundwater to the same extent as surface water. While moving in these directions would increase state administrative costs to establish and implement new programs, in the long term there would be cost savings to public and private entities across the state. This is because these efforts would decrease the need for costly water rights adjudications, cleanup of degraded groundwater, and treatment of groundwater for use in water supply. As with the regulation of surface water use and quality, we believe a strong case can be made for groundwater beneficiaries and polluters of groundwater to pay for the bulk of the costs of state groundwater regulatory programs.
How would you regulate groundwater? Many interests believe locals should continue to have primary control over regulation and management of groundwater because groundwater is viewed as a local property right issue. However, when political boundaries do not match groundwater basins, as is often the case, conflicts among locals can arise that impede the effective management of the resources from a regional or statewide perspective. How do you recommend that groundwater be regulated? For example, should the state intervene and assign water rights to those groundwater basins that have not already been adjudicated? Or should a middle-ground be sought where some triggering mechanism (such as a determination of groundwater overdraft or substantial water quality impairment) requires the state to step in to assign water rights?
Bottom Line: We need to re-evaluate how groundwater is regulated and managed in this state. The LAO recommends the Legislature establish a state-administered water rights system for groundwater.
Senior Fiscal and Policy Analyst, California Legislative Analyst's Office
2 comments:
I can't imagine that any thinking person is happy with the free-for-all that governs most groundwater extraction in California. There must be models of regulatory systems from other states that have elements worth copying. A couple of over-arching principles I think should be remembered:
1) Hydrology is local. A regime that may make sense in Riverside County may make no sense in Fall River Mills.
2) Overdraft is not necessarily immoral or evil. As long as an aquifer is not being permanently destroyed, water levels can rise and fall over time, just as a family's checkbook balance varies from month to month. Even fossil water can be put to use. We do that with mineral ores and hydrocarbons every day. The uses just have to be ones that reflect the wasting nature of the asset (not cities, for instance).
3) Paying for all of this, of course, is a pisser. I would think that the Regional Water Quality Control Boards would be the most cost-effective way to handle the regulatory function, since they are (duh) regional, and already have staff with the necessary technical skills. Revenue would probably have to come from an annual licensing fee for wells over 10 HP, and some fee levied on pumped water. Because the volumes are so high, I would think these would not have to be too too onerous, something like 50 cents per a/f. But that is a wild-assed guess.
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