The Environmental Justice Coalition for Water 1 1

2

3 California Aqueducts and Dams

4 –— California Water Project Aqueduct –— State Water Project Aqueduct –— Other Aqueduct

5 California Water Project Dam

4 State Water Project Dam 1 Shasta and Trinity Dams 4 2 Tehema Colusa Canal 3 Hetch Hetchy Aqueduct 4 6 California Aqueduct 5 Owens Valley/LA Aqueduct 6 Colorado River Aqueduct 7 All-American Canal 7

Thirsty For Justice: A People’s Blueprint for California Water Thirsty For Justice: A People’s Blueprint for California Water The Environmental Justice Coalition for Water June 2005

Printed on recycled paper using soy based inks. Copyright © 2005 Environmental Justice Coalition for Water, Oakland, California The Environmental Justice Our Mission Our Objectives EJCW Steering and Advisory Coalition for Water Committee Members 654 13th Street, The Environmental Justice Coali- • Expand public rights related to Preservation Park tion for Water (EJCW), formed in water and improve democratic Dr. Henry Clark, West County Oakland, California 94612 1999, is a network of more than participation in local and state- Toxics Coalition Phone: (510) 286-8400 sixty grassroots groups and inter- wide water policy and planning Conner Everts, Southern Fax: (510) 251-2203 mediary organizations. Our mis- by facilitating broad grassroots California Watershed Alliance http://www.ejcw.org sion is to advance a progressive, participation by communities Chione Flegal, Latino Issues Forum community-driven policy agenda historically excluded, especially Robin Freeman, East Bay Watershed that affirmatively addresses the people of color and the poor. Center water-related issues, problems, and • Assist community leaders in Martha Guzman, California Rural visions of low-income communi- becoming stronger community Legal Assistance Foundation ties and people of color in Califor- water advocates. Andria Ventura, Clean Water Action/ nia. The EJCW works to educate • Facilitate collaboration among Clean Water Fund and build leadership in order for environmental justice, rural, Leah Wills, Maidu Cultural Center our members to become effective ethnic, and farm worker com- water advocates locally, regionally, munities, and between these EJCW Staff and statewide. We seek to support communities and the environ- and promote greater advocacy mental movement. Paola Ramos, Steering Committee for environmental justice issues • Improve the accountability of Chair and Coordinator in California water policy and to state water planning, policy, and Alisha Deen, Legislative Analyst support community participation decision-making processes to Amy Vanderwarker, Outreach in water policy forums. the needs and issues of low-in- Associate come communities and people Whitney Dotson, Project Coordinator of color. Cleo Woelfle-Erskine, Editorial Assistant Miriam Torres, Program Assistant

ABOUT THE ENVIRONMENTAL JUSTICE COALITION FOR WATER

2 Thirsty For Justice: A People’s Blueprint for California Water ACKNOWLEDGEMENTS

Contributing Authors Latino Issues Forum conducted Solutions; Laurel Firestone and Young, and other past and current in alphabetical order extensive research and interviews Brent Newell, Center for Race, Steering and Advisory Committee examining the funding barriers Poverty, and the Environment; members and staff who provided Alisha Deen; Torri Estrada, small communities face and Richard Fosse, I-5 Business the vision for this report, and Environmental Justice Solutions; generously permitted EJCW Development Corridor; Sharon who worked tirelessly to produce Conner Everts; Sarah Farina; to reproduce portions of those Fuller, Ma’at Youth Academy; it. This report would not exist John Gibler, Public Citizen; interviews and research. Catalina Garzón, Pacific Institute; without the unflagging dedication Martha Guzmán; Jessie Levine; Sarge Green, Tranquility Irrigation of the Coalition’s members who Paola Ramos; Amy Vanderwarker; The following individuals and District; Laura Hunter and Albert shared their ideas and vision in Andria Ventura; Cleo Woelfle-Erskine. organizations contributed Huang, Environmental Health community workshops in the early invaluable information, analysis, Coalition; Rey Leon, Latino Issues stages of this project, and whose We would like to acknowledge and photographs documenting Forum; Lea Loizos, ArcEcology; continuing efforts on behalf of John Gibler, who wrote the the diverse water issues affecting Sandra Meraz, Committee for a environmental justice communities majority of the “Origins of California’s communities of color Better Alpaugh; Gary Mulcahy; drive the work of the EJCW. Environmental Discrimination in and low-income communities: Stephanie Pincetl, University of California Water Policy” chapter, Felipe Aguirre, Comité Pro Uno; California, Los Angeles; Eric The EJCW would also like and Torri Estrada, who worked on Asian Pacific Environmental Reyes, United Farm Workers; to thank the San Francisco several sections of the report. Network; Joe Arpad, Westside Mario Santoyo, Friant Water Foundation, the Richard & Rhoda Housing and Economic Network; Users Authority; Ron Reed, Goldman Fund, the William and Community and Lynn Barris, Butte Environmental Karuk Tribe; Craig Tucker, Flora Hewlett Foundation, the Technical Reviewers Council; Carmen Bautista, Klamath Campaign Coordinator; Firedoll Foundation, and the Ben Tooleville Mutual Water Company; Michael Warburton, Public Trust & Jerry’s Foundation for their Lynn Barris, Juliette Beck, Saul Bloom, ArcEcology; Paul Alliance; Trust for Public Land; generous financial support, which Jennifer Clary, Caroline Farrell, Boyer, Self-Help Enterprises; Sejal TreePeople; David Yardas; Renee made the development, production, Peter Gleick, Albert Huang, Choksi, BayKeepers Northern Sharp, Environmental Working and distribution of this report Rosenda Mataka, David Yardas, California; Jennifer Clary, Clean Group; LaDonna Williams, possible. Bhavna Shamasunder, Joe Lyou, Water Action; Davin Diaz, Center People for Children’s Health and Anjuli Gupta, Basmah Mourad, for Community Action and Environmental Justice. Design: Alfonso Jaramillo and the Steering and Advisory Environmental Justice; Whitney Maps: Robin Saha Committees of the EJCW. Dotson, Parchester Village We are indebted to Amy Hui, Printing: Alonzo Printing Neighborhood Council; Torri Michael Stanley Jones, Olin Webb, Estrada, Environmental Justice Kathyrn Alcantar, Marguerite

The Environmental Justice Coalition for Water 3 7 INTRODUCTION

13 CHAPTER 1: ORIGINS OF ENVIRONMENTAL DISCRIMINATION IN CALIFORNIA WATER POLICY

14 1.1: How the Water Moves and How People Move the Water 19 1.2: Causes of Inequitable Access to Water 20 Case Study: The Public Trust Doctrine 22 Case Study: Nutritional Justice on the Klamath River 32 Case Study: Industry Contaminates Groundwater in Southeast Los Angeles 36 1.3: Emerging Environmental Justice Issues in California Water Policy 39 Case Study: A Rural Northern California CONTENTS Perspective on Water Transfers 45 CHAPTER 2: ENVIRONMENTAL INJUSTICES IN WATER GOVERNANCE

46 2.1: Who Controls California’s Water Today? 50 Case Study: Environmental Justice Communities Fight Water Privatization 56 Case Study: Removing Barriers to Water Funds

MAPS 57 Disparities in Access to Safe Drinking Water 58 Low-Income, People of Color Shut-Out of Benefits from Water Projects 59 Toxic Contamination and Popular Fishing Spots in San Francisco Bay 60 Disparities in Access to Clean Water

4 Thirsty For Justice: A People’s Blueprint for California Water 61 2.2: Barriers to Community Participation in Water Policy 62 Case Study: Non-Profit Organizations Help Small Communities Access State Water Funds 67 Case Study: Agricultural Pollution Exemption Hearings Prevent Meaningful Public Participation

71 CHAPTER 3: THE CONTINUING STRUGGLE FOR WATER JUSTICE

72 3.1: Causes and Effects of Drinking Water Contamination 74 Case Study: Drinking Rocket Fuel and the Failure of Public Health Standards 79 Case Study: Contaminated Drinking Water in Raisin City 82 Case Study: Low-Income People of Color Paying Twice for Water 83 3.2: Causes and Effects of Unequal Access to Healthy Watersheds 86 Case Study: Threats to Waterfront Access in North Richmond 89 Case Study: Sewage Overflows and Toxic Water in Bayview Hunters Point 91 Case Study: Mega-Dairies and Environmental Justice Impacts

97 POLICY RECOMMENDATIONS

105 Appendix A: Principles of Environmental Justice 106 Appendix B: Overview of Water Rights in California 107 Appendix C: Overview of Water Districts 109 Appendix D: Agencies that Regulate Water Quality and Management 110 Appendix E: Resources for Advocates and Community Groups

115 GLOSSARY 119 REFERENCES

The Environmental Justice Coalition for Water 5 6 Thirsty For Justice: A People’s Blueprint for California Water access to clean, safe, and affordable people of color and low-income communities in water is a fundamental human right essential California. for a healthy population, environment, and economy. In spite of the fact that California has Environmental discrimination can be defined the sixth largest economy in the world, millions as corporate and governmental actions and of Californians lack a safe supply of drinking decisions that result in the disproportionate water.1 Millions more fish in polluted lakes and exposure of people of color and low-income streams, swim at sewage-contaminated beaches, people to environmental dangers that threaten and live in the path of polluted floodwaters. their physical, social, economic, or environ- INTRODUCTION mental health and well-being. Environmental This report will describe how this fundamental discrimination occurs when corporate or gov- Achieving environmental lack of access to safe and affordable water for ernment policies deny low-income communi- drinking, fishing, recreation, and other uses pri- ties and communities of color equitable access justice requires redressing marily affects people of color and low-income to the ecological, social, economic, or political and counteracting communities in California. This lack of access resources necessary for their health and pros- 2 the environmental is a direct result of the history of the state’s perity. water development, which is characterized by discrimination that people the creation of policies and institutions specifi- The key part of this definition is that a gov- of color and low-income cally designed to benefit wealthy and powerful ernment institution, corporation, or powerful interests while preventing large segments of individual undertakes the discriminatory action people experience in their California’s population from participating in and that the action has disproportionate impacts daily lives. decisions about water quality and supply. Low- on people of color and/or low-income populations. income communities and communities of color Government inaction and lack of enforcement bear the environmental and health burdens of of existing laws are also a form of environmental these management decisions. discrimination.

We establish such lack of access to water and Achieving environmental justice requires redress- exclusion from decision making as an environ- ing and counteracting the environmental mental injustice, part of a much larger reality discrimination that people of color and low-in- of environmental discrimination experienced by come people experience in their daily lives. The U.S. Environmental Protection Agency (EPA)

The Environmental Justice Coalition for Water 7 defines environmental justice as “the fair treat- environmental health issues. The environmental movement is mostly white and affluent. It has ment and meaningful involvement of all people justice movement challenges government policy traditionally focused on preserving endangered regardless of race, color, national origin, or that, in the words of environmental justice species and pristine ecosystems, which are often income with respect to the development, imple- scholar Robert D. Bullard: far removed from urban and agricultural com- mentation, and enforcement of environmental munities. In contrast, most early environmental laws, regulations, and policies. Fair treatment has (1) institutionalized unequal enforce- justice advocates emerged from the civil rights means that no group of people, including racial, eth- ment; (2) traded human health for profit; and anti-toxics struggles of the 1960s and 1970s. nic, or socioeconomic groups should bear a dispro- (3) placed the burden of proof on the They viewed combating environmental racism portionate share of the negative environmental victims and not the polluting industry; (4) as part of broader movements for social and consequences resulting from industrial, munici- legitimized human exposure to harmful political equity and self-determination.5 The pal, and commercial operations or the execution chemicals, pesticides, and hazardous sub- leadership of the environmental justice move- of federal, state, local, and tribal programs and stances; (5) promoted “risky” technologies ment is largely by people of color who live in policies (emphasis added).”3 such as incinerators; (6) exploited the vul- low-income communities. It is concerned with nerability of economically and politically the health and social and economic well-being The contemporary environmental justice move- disenfranchised communities; (7) subsi- of these communities and their local environ- ment arose as a grassroots response to environ- dized ecological destruction; (8) created ments. mental discrimination. Early struggles against an industry around risk assessment; (9) industries ranging from incinerators to hazard- delayed cleanup actions; and (10) failed Although it is difficult to pinpoint precisely ous waste dumps to uranium mines grew out of to develop pollution prevention as the when the environmental justice movement community experiences of toxic exposure and overarching and dominant strategy.4 began, an event in Warren County, North environmental degradation and emphasized that Carolina triggered a nationwide rise in aware- low-income communities and communities of The Environmental Justice Coalition for Water ness of environmental discrimination. In 1982, color through-out the U.S. pay a disproportion- (EJCW) grows out of and grounds itself in this hundreds of residents rose up in opposition to ate social and environmental price for industrial movement. the siting of a polychlorinated biphenyl (PCB) development and urban and rural growth. landfill in their rural and mostly African-Ameri- Milestones in Environmental Justice can county. More than five hundred protestors The environmental justice movement seeks to Organizing and Policy Development were arrested after they lay down in the road to reverse the trend that locks ordinary citizens— block trucks transporting hazardous loads. As especially low-income people, immigrants, and The environmental justice movement originated a result of these protests and pressure from the people of color—out of governmental decision- independently from traditional environmen- Congressional Black Caucus, the U.S. General making processes about environmental and talism. The leadership of the environmental Accounting Office in 1983 conducted a study

8 Thirsty For Justice: A People’s Blueprint for California Water Michael Bialecki of eight Southern states, which found that a live, work, play, and pray in communities that Executive Order. Community efforts resulted in disproportionate number of hazardous waste are safe, healthy, and free of life-threatening legislation—passed between 1999 and 2001—that landfills were located in predominantly Black conditions.”8 Crucial to the exercise of this right required the California Environmental Protec- communities.6 is “the right to participate as partners at every tion Agency (Cal/EPA) to take specific actions level of decision making including needs assess- to implement environmental justice throughout The Commission for Racial Justice of the ment, planning, implementation, enforcement, its agencies. Since that time, grassroots activists United Church of Christ first coined the term and evaluation.”9 (For the complete list of envi- have spent hundreds of hours participating in “environmental racism” in their 1987 report ronmental justice principles, see Appendix A). advisory committee meetings to craft agency entitled Toxic Wastes and Race in the United States. policy and directives around the environmental The Commission found a correlation between a In 1994, President Clinton signed Executive problems they face. The tangible results have person’s race and their likelihood of living near Order 12898, “Federal Actions to Address En- been mixed. Agencies such as Cal/EPA and a hazardous waste facility.7 This groundbreaking vironmental Justice in Minority Populations and the California Bay-Delta Authority (CALFED) report prompted numerous other studies that Low-Income Populations.” The order attempted have developed environmental justice language supported the report’s conclusions. Evidence to address environmental injustices embed- and programs on paper, but have largely failed mounted quickly supporting the claim that ded in existing federal laws and regulations by to implement such public policy proclamations. people of color and low-income communities strengthening Title VI of the Civil Rights Act Other agencies, such as the Department of bear a disproportionate share of environmental of 1964 and the National Environmental Policy Water Resources (DWR) and the Department dangers and thus are victims of environmental Act; increasing the study of the disproportion- of Health Services (DHS), have not begun any racism. ate impacts and health effects of environmental community-driven processes to incorporate hazards; and increasing grassroots participation environmental justice concerns.10 In 1991, environmental justice activists from in the study of these impacts. around the U.S. converged on Washington, The environmental justice movement has D.C. for the first People of Color Environmen- Throughout the early 1990s, California’s worked to build a multi-racial, multi-lingual, tal Leadership Summit. They demanded the grassroots environmental justice movement cross-class movement.11Across the U.S., grass- right to equal environmental protection under placed mounting pressure on the state’s legisla- roots activists continue to mobilize in protest the law, which they described as “the right to tors and government agencies to instate the of landfills and incinerators, design commu-

The Environmental Justice Coalition for Water 9 nity-based air and water monitoring programs, failure of government and private entities to organize to ensure community participation in protect water resources in vulnerable communi- urban redevelopment plans, among other vic- ties has exacerbated this injustice. Today, towns tories. As the environmental justice movement such as Raisin City and Alpaugh in California’s Self Help Enterprises has broadened its analysis of what constitutes Central Valley lack safe drinking water. Tribal environmental discrimination, groups have members, Asian-Americans, Latinos, and begun to draw connections between issues African-Americans who fish in Clear Lake and such as equal access to public transportation, the San Francisco and San Diego Bays, and immigrant rights, and climate change. Environ- family members who eat their catch are endan- mental justice advocates in the U.S. have joined gered by mercury and PCB contamination. In their voices with communities and organiza- Northern California, indigenous peoples such as tions across the globe fighting similar struggles. the Winnemem Wintu are fighting to prevent Women of color and youth have emerged as the flooding of their ancestral lands by dam dynamic leaders.12 As the movement as a whole expansion and the cultural annihilation car- has evolved a long-term vision for a mass envi- ried out—but not completed—through genocidal ronmental movement based on racial and social U.S. government policies of the nineteenth and justice principles, it has reaffirmed its commit- twentieth centuries. ment to the many communities who continue to bear the burden of current environmental and This report is intended to provide people of Residents of many agricultural social policies.13 color and low-income income communities communities in California have with critical information regarding the water- fears about the safety of their An Environmental Justice related problems they face. By establishing a drinking water. Framework for Water pattern of discrimination within water policy and management, we hope to help community Environmental justice demands that community members better understand how local environ- experiences of toxic contamination be addressed mental and health problems relate to statewide and that communities participate as equal part- environmental injustices. ners in every level of decision-making. People of color and low-income communities in Califor- Throughout the report, case studies highlight nia continue to be denied these rights, and the the diverse ways in which communities of color

10 Thirsty For Justice: A People’s Blueprint for California Water and low-income communities are impacted government agency representatives who at- changing patterns in control over water, and by water management and policy. While not tended several regional workshops co-convened provide examples of communities that face exhaustive, these case studies exemplify some by EJCW throughout the state between 1999 profound barriers to participating in water deci- of the struggles, campaigns, and model projects and 2004. This report does not claim to address sions. We conclude by discussing barriers within communities are undertaking to address their all environmental justice issues related to water. water regulatory entities that prevent commu- local water issues. By presenting community In particular, we recognize that we have not nity voices from entering into water decision- voices in a context of current and historical adequately documented environmental injus- making. injustices, we will help to develop a common tices affecting Asian-American communities. language with which impacted communities can There are other gaps as well, which we hope to In the third chapter, we provide a picture of articulate their concerns, values, and visions for address in the future. water-related environmental injustices that California water. low-income communities and communities of The Organization of this Report color face on a daily basis. These communities’ This report will help state, regional, and local lack of access to safe, affordable drinking water policy-makers understand the severity of the The report’s first chapter analyzes the origins and healthy watersheds exemplifies the health injustices low-income communities and com- of environmental discrimination in California burdens many communities bear as a result of munities of color experience on a daily basis. It water policy. After an overview of how low California’s water policies. is our hope that this report will initiate a more income communities and communities of color thorough discussion between affected commu- have been historically left out of California wa- Our report concludes with policy recommen- nities, public agencies, and key water manage- ter management, we analyze political, economic dations for how to remedy some of the most ment institutions of the importance of taking and social trends that produce the current pressing water concerns low-income communi- action to address chronic water problems and exclusionary system and emerging policies and ties and communities of color face, in order to innovative ways to solve them. technologies that could further harm low-in- guarantee the basic right to safe and affordable come communities and communities of color. water. The members of EJCW Steering Commit- tee, who have extensive experience living and In the second chapter, we provide an over- working in affected communities, identified view of what we term “water governance”: this report’s themes. Its content was further who controls water supply and quality and developed by community members and leaders, what agencies are responsible for ensuring that social and environmental activists, environmen- people have enough clean water. We explain the tal and water professionals, elected officials, and current system of water governance, examine

The Environmental Justice Coalition for Water 11 Michael Bialecki

12 Thirsty For Justice: A People’s Blueprint for California Water CHAPTER 1: ORIGINS OF ENVIRONMENTAL DISCRIMINATION IN CALIFORNIA WATER POLICY in order to recognize the Low-income communities and com- consistent pattern of environmental dis- munities of color experience a chronic crimination behind the water problems lack of access to water for drinking, low-income and communities of color subsistence, cultural, and recreational face, it is crucial to understand the uses. This injustice stems not from a historical development of California’s shortage of water, but from the politi- water policy. Every aspect of the state’s cally motivated mismanagement of re- enormous water infrastructure—from sources. If institutionalized racism and how the water flows from river to entrenched injustices are not acknowl- faucet and irrigation ditch, to how edged and addressed, emerging techno- agriculture, industry, and cities pollute logical and management fixes such as waterways—is influenced by political desalination and water marketing will structures that systematically exclude only increase the disproportionate eco- the diverse needs of California’s low- nomic, social, and health impacts the income communities and communities current water system places on people of color. This chapter delves into the of color and low-income people. entrenched racism and monopolistic control over resources that permeate current California water management and keep water concentrated in the hands of an elite, white few.

The Environmental Justice Coalition for Water 13 1.1 a distance of over one hundred and fifty miles HOW THE WATER MOVES AND from the Hetch Hetchy Valley in Yosemite Na- HOW PEOPLE MOVE THE WATER tional Park, via pipes, aqueducts and a twenty- eight-mile tunnel through the Coast Range. california is a water-rich state . In Los Angeles, residents wash vegetables and But it is also a state where nature’s provision water lawns with snow that melts in the Sierra and people’s demands are very much out of Nevada and travels the entire length of the San balance. The state’s largest and most densely Joaquin Valley in the California Aqueduct, water populated cities crowd the coast, sprawling piped through the Los Angeles Aqueduct across back over hills and across valleys where neither and down the state from the Owens Valley, aquifers nor local streams can support the num- and even water that fell as rain and snow over ber of people living there, in part because those the Rocky Mountains that is funneled through who decided early in the state’s history where the vast natural and concrete tributaries of the to build cities and plow fields viewed nature’s Colorado River. patterns as obstacles to be conquered through engineering. The water cycle has been generous with Califor- nia. Water moves from rain and snow to rivers Now most Californians turn on their faucets and and underground aquifers, transpires through expect clean drinking water to flow, hot and plants and evaporates from ponds, lakes, and cold, from the tap. Few think of the water’s jour- oceans before falling again. Every year nearly ney as they fill glasses, wash dishes and brush 200 million acre-feet of water fall from the * An acre-foot of water is the their teeth. Many residents, especially in rural sky over California.* Most of that water seeps amount necessary to fill an areas, get their water from private or commu- into the soil, soaks into the roots of plants, or area of one acre to a depth nity-run wells that pull water from underground evaporates back into the atmosphere. On aver- of one foot, or 325,851 pools that may lie just a few hundred feet below age more than 70 million acre-feet gather into gallons. One acre-foot of their homes. California’s largest urban areas rely streams and rivers, almost half of which empty water is roughly the amount into the Pacific Ocean along Northern Califor- needed yearly for domestic primarily on water from rivers that flow hun- nia’s coastline.1 uses for one to two families dreds of miles away from the city’s pipes and or five to eight people. swimming pools. A resident of San Francisco, for example, drinks crystalline water that travels

14 Thirsty For Justice: A People’s Blueprint for California Water The engineered movement of water from Nearly 80 percent is delivered to agricultural are managed by large-scale, industrial agricul- riverbed to reservoir follows a consistent course users for irrigation.4 Irrigators, whose operations turalists. throughout the state, hauling water from the range from a few acres of organic apricots to north to the south, and from the east to the over 100,000 acres of industrial almonds and Left Out: Environmental Injustice west. California’s vast water projects “harvest” pistachios, buy vast amounts of imported river in Water Development about 42 million acre-feet of water each year, water—most of which is subsidized by taxpay- collecting it behind dams, shipping it down and ers—from the state and the federal governments. It is hard to imagine that amidst such plenty, across the state in aqueducts, pipes and canals, While some irrigators harvest rainwater, divert many California residents lack safe drinking and pumping it from underground aquifers.2 local streams, and tap underground aquifers to water. At least 80,000 of California’s 10.4 million The largest water projects—the federal Central water their crops, the bulk of the water flowing households “may have a vulnerable source of Valley Project and the California State Water to California’s farmlands originates from dams water,” according to the 1990 U.S. Census.5 A Project—pull much of their water from the constructed specifically for water districts that Department of Water Resources analysis of state southern edge of the Sacramento-San Joaquin Rivers’ confluence region.

Californians drinking tap water, boiling pota- toes, and washing lettuce use a small fraction of the state’s water supply. Throw in showers and dishwashers, laundry machines, toilets, and sprinklers, even combine households with small businesses like restaurants and coin-laundries, and still these municipal activities consume only about 15 percent of the state’s harvested water.3 Manufacturing industries like computer chip companies in the Silicon Valley, which use water for cooling and cleaning equipment, use about 2 percent of the state’s water. Where, then, does the majority of the harvested water go? Michael Bialecki

The Environmental Justice Coalition for Water 15 health data revealed that about 250,000 Califor- under $3.5 billion.11 With an average rainfall of grants from El Salvador, Honduras, Guatemala nians sometimes go without water due to insuf- about 10 inches a year, Tulare County depends and Nicaragua have joined the ranks of farm ficient supply. The study showed that over 4 on “imported” water supplies, mostly from the workers or settled in overcrowded urban hous- million of the state’s 35.5 million residents may federal Central Valley Project. Rural communi- ing.13 The number of Asian-Pacific Islanders has be drinking unfiltered surface or well water that ties in Tulare County do not have equal access increased four-fold over the last two decades, as is contaminated with fecal matter or E. coli, and to water, and have not flourished alongside people from Laos, Vietnam, and Cambodia have almost a million residents contend with sewage industrial agriculture’s irrigated fields. immigrated to the state. In Oakland, 17 percent contamination of their water supply.6 Many of of people without plumbing are Asian-Pacific these Californians, the report acknowledges, In urban areas, California’s industrial develop- Islanders.14 “reside in rural, economically disadvantaged ment has disproportionately burdened people of communities” and in metropolitan areas with color.12 Contaminant plumes and leaky under- Although California’s diverse communities overcrowded housing conditions.7 ground storage tanks allow dangerous chemicals experience different water-related environmen- to seep into groundwater that supplies drinking tal injustices, all low-income communities and When this information is combined with Cali- water to communities of color located in these communities of color are linked by their experi- fornia’s demographic information, it becomes industrial districts. The old pipes in dilapidated ence of institutionalized racism and current and apparent that many of the Californians who do housing found in many urban areas can leach historical dominance of corporate interests in not have reliable access to safe, clean water are lead into drinking water, and sewer systems left water policy. In order to understand the nature people of color. Indeed, people of color com- over from California’s rapid urban expansion at and extent of environmental racism in California prise the majority of Californians. The number the beginning of the twentieth century continue water policy, it is important to first understand of people of color in California is growing; by to dump untreated wastewater into water bod- its history. 2020, people of color will constitute two-thirds ies along coastal urban communities. As a result, of the population.8 In addition, almost half of all these communities face unequal access to water In California, water, the infrastructure neces- Californians are considered “low income.”9 for a variety of uses, from recreation to subsis- sary to move it, and the agencies and utilities tence fishing. assembled to govern it have mostly served Many of the rural, economically disadvantaged to enrich privileged sectors of society while communities the Department of Water Re- Immigration is changing the face of California limiting the economic prosperity and politi- sources report mentions are communities of and increasing the vulnerability of many low- cal power of people of color and low-income color.10 In 2002, Tulare County was the top- income people and people of color to water- communities.15 The current era of institutional- producing agricultural county in both California related problems. One quarter of California’s ized racism began when white settlers stripped and the U.S. with farm production valued at just population is foreign born. New Latino immi- Native American and Mexican communities of

16 Thirsty For Justice: A People’s Blueprint for California Water Shasta Dam, the keystone of the Central Valley Project, under construction in 1936. Water stored behind Northern California dams flows down to the delta of the Sacramento and San Joaquin rivers. There it is pumped into the Central Valley Project canals and then travels to the fields of the San Joaquin Valley and the cities of Southern California. Bureau of Reclamation Bureau

The Environmental Justice Coalition for Water 17 their land in order to establish logging, mining, locations of the dams and canals and the des- considered to be the most important agricultur- transportation, and agricultural empires. The tinations and uses of the state’s diverted public al region in the country. Of the seven counties control of water development was necessary to water resources. The powerful Kern County that make up the San Joaquin Valley, three are further their economic gains, both by ensuring Water Agency, for example, was designed and top agricultural counties in both California and the growth of the industries they controlled, and created by the region’s largest landowners to ac- the U.S. — Fresno, Kern, and Tulare Counties.19 by limiting access to those resources so as to cess a county-wide tax base, or “zone of benefit” These same counties are among the poorest in guarantee a steady supply of low-wage labor. that subsidizes the landowners’ water payments California, and have large Latino populations. to the California State Water Project. In Fresno, Kern, and Tulare counties, Latinos It is difficult to trace the pervasive influence of represent 44 percent, 38 percent, and 51 percent landowners, bankers and speculative business The development of industrial agriculture of the total population, respectively.20 Industrial people on the development of water policies played a particularly powerful role in creating agriculture’s projected zones of benefit have and governing bodies because, as Gray Brechin, and maintaining inequality in rural California, always been, for many, zones of exclusion and author of Imperial San Francisco wrote: especially concerning access to water. In advo- hardship.21 cating for equal access to water, environmental Power veils itself. From the mystery of justice claims do not seek to destroy or eradi- what it does, what it owns, and, above all, cate agriculture. Nor do such claims seek to who it is, it assumes added strength. […] paint industrial agriculture as a purely destruc- Because the machinations necessary to tive force in California. No one can dispute bring water to real estate are usually car- the stunning power of the industry’s economy. ried out in an intensely competitive arena, Similarly, however, no one can dispute the those who seek to unite them often oper- devastating effect that the industry has had ate under cover of vocal ideals of public on the environment, in general, on the state’s service, making the task of those seeking water resources, and on the health of millions of to follow power exceedingly difficult.16 people connected to the industry.

Many of the districts and agencies created to California’s economy towers over that of other craft water policy were designed and continue states and would rank sixth in the world if com- to serve precisely this purpose: to mask the pared with other countries.17 The state’s agricul- influence of private financial interests – such as tural economy reached $25.7 billion in direct large corporate farmers – in determining the sales in 2002.18 The Central Valley taken alone is

18 Thirsty For Justice: A People’s Blueprint for California Water 1.2 social and cultural values concerning water and The exclusion of indigenous peoples was fully CAUSES OF INEQUITABLE the human use of water were given little atten- and explicitly incorporated into federal water ACCESS TO WATER tion in Spanish law. Indeed, under Spanish law, policies. Native American tribal life was devas- “the water system became a mighty vehicle and tated in California through the forced removal there is no single cause of something reason for mobilizing and controlling the labor of entire villages and flooding of homelands that 23 so complex as the evolution of greatly unequal of Native peoples.” rendered tribes destitute. By 1870, an estimated access to water resources over a territory as 119,000 indigenous people in California had large and geologically and culturally diverse The communal acequia irrigation system relied been killed due to massacres, disease and forced 25 as California. The causes identified here rep- on cooperative labor and a proportional system relocation. In addition to these overt acts, land resent broad political and cultural trends that of water distribution based on both a person’s and water policies were written to invalidate the have shaped the development of inequality in needs and the amount of water available. These historic claims and treaty rights of native peo- access to water in California for the past several systems survived under both Spanish and Mexi- ples. Miners and settlers ignored the property hundred years. Understanding these causes is can rule, and it wasn’t until the U.S. invasion rights of Mexican ranchers, despite the prom- 24 essential to redress and counteract the environ- of California that they were truly dismantled. ises made in the Treaty of Guadalupe Hidalgo mental injustices now embedded in California’s The ceding of Spanish California to the United to inviolably respect those rights. Ultimately, immense plumbing system and its water man- States in the Treaty of Guadalupe Hidalgo in millions of acres of land were transferred to agement policies. 1848 and the discovery of gold by John Sutter American settlers, thereby ending the Mexican just a week earlier ushered in a new era of insti- rancho economy and culture in California.26 As Exclusionary Planning tutionalized racism throughout California. Tomas Almaguer states in his study of race and class divisions in California’s early development, California’s vast and arcane web of water proj- One of the most blatantly racist ideas that “ruthless subordination of [Mexican and Native ects, agencies, policies and laws are all descen- influenced Western development was “manifest American populations] was essential to the suc- dents of an old violation. When the Spanish destiny.” Manifest destiny was the national mis- cessful introduction of the new Anglo-American conquered the “New World,” they wrote the sion supported by the U.S. government and its society in California. Its realization required the laws that were to govern native societies. These leaders giving American settlers the legal right immediate dispossession of Mexicans and Indi- 27 laws provided that water should be used for the and divine mandate to acquire and develop any ans from land needed for development.” common good; Spanish values dictated who lands in the territorial United States, includ- constituted “common” and what was “good.” ing those recently “won” in the West. Native The dominant logic of water law in California Spanish allocation and management of water peoples and other non-whites were seen as a is, in theory, that of “reasonable and beneficial were incompatible with Native American prac- barrier to this mission. use.” The California State Constitution and tices of water use.22 Native American spiritual, its Water Code define water as a public good

The Environmental Justice Coalition for Water 19 CASE STUDY

measured in dollars and cents. The case to Hawaii’s Supreme Court.34 In two deep-felt and tradition-bound ties separate decisions, the court found that of northern New Mexico families to “the public trust doctrine applies to all the land and water are central to water resources without exception or dis- maintenance of that culture. tinction,”35 and ordered the Commission to return water to the windward streams. I am persuaded that to transfer water rights, devoted for more than a century The Hawaii case cited and expanded upon to agricultural purposes, in order to the California Supreme Court’s 1983 Farmland irrigated by a traditional acequia, New Mexico. construct a playground for those who decision to apply the public trust doctrine can pay is a poor trade indeed.”33 in order to restore Mono Lake. This case The Public An Early Public Interest stopped the City of Los Angeles from Approach to Water Waiahole Ditch case expands diverting flows into the lake for municipal Trust Doctrine public trust in Hawaii use, and affirmed the state’s duty to use In 1985, a U.S. District Court in New the public trust doctrine when reviewing The public trust doctrine’s roots lie in 37 Mexico ruled against the transfer of For eighty years, sugar cane operations current and past water allocations. ancient Roman and English common water from a communal acequia irriga- owned by such corporations as Camp- law, which was adopted by American tion system to a ski area. The opinion bell Estate, Dole Foods and Del Monte The Hawaii case has several implications colonies as they became states. Origi- acknowledged that this decision should diverted water from streams on the wind- for California public trust law. The right nally intended to protect commerce and involve more than just a buyer and ward side of Oahu via the Waiahole Ditch. to fish in California is explicitly protected access to fisheries by holding tidelands seller of water.32 The ruling read in part: The diversion deprived traditional taro in the Declaration of Rights in Article 1, and navigable waterways in trust for the farmers of irrigation water and harmed Section 25 of the state constitution. Fish people, recent court decisions have ex- “It is simply assumed by the Ap- the ecology of Kane’ohe Bay’s watershed, have always been considered a public tended states’ public trust responsibili- plicants that greater economic ben- an important source of fish and natural trust resource that must be preserved in ties to include protecting environmental efits are more desirable than the resources for native Hawaiians. When the condition fit for public trust uses by pres- resources and traditional agriculture. As preservation of a cultural identity. plantations shut down, a coalition of tra- ent and future generations. Under the the following examples show, the public Northern New Mexicans possess a ditional farming and indigenous organiza- broadest interpretation of the public trust trust doctrine can be a powerful tool in fierce pride over their history, tradi- tions petitioned the State Commission on requirement, the state would be required the hands of low-income and communi- tions and culture. This region of Water Resources Management to restore not only to warn of the dangers of eating ties of color and indigenous peoples northern New Mexico and its living water to the windward streams. When the contaminated fish, but would also be in protecting water rights, access to culture are recognized at the state Commission restored a fraction of the responsible for cleaning up pollution and public space, and fisheries. and federal levels as possess- water but directed most to developments providing reasonable access to healthy ing significant cultural value, not on the leeward side, the coalition took the fisheries.

20 Thirsty For Justice: A People’s Blueprint for California Water and hold the state responsible for managing it The systems of exclusion that have evolved in but, as we will see below, it achieved the exact in the public interest.28 These laws, combined California water policy are complex. As with opposite of what it purportedly set out to do by with the tradition of protecting public access the Spanish missionaries’ use of water systems carving up public land and handing it over to to navigation and fishing, form the basis of the to control the labor of native peoples, the land the state’s most powerful landowners. The Act public trust doctrine, which defines water as a barons behind industrial agriculture in California marshaled in a new era of federally subsidized common public resource, not private property. have harnessed state and federal water policy water infrastructure and agricultural-based The state is thus charged with managing water to control immigrant labor in rural communi- subsidies to farmers regardless of the size of to protect “reasonable and beneficial” uses and ties for over 150 years.30 With people of color their acreage. Millions of dollars were allocated, with ensuring that such uses do not violate the explicitly excluded from all realms of early first by the federal government to build dams public trust as hoarding or speculative market- California politics, the state’s dominant white, and the federal Central Valley Project, then by ing would. However, embedded in the appar- landowning classes established frameworks for the State of California to build the State Water ently benign logic of “reasonable and beneficial the political management of water that locked Project.39 use” are two exclusionary principles: 1) water these communities out of both the debates and not used for agriculture or municipal purposes is the benefits surrounding water resource devel- Federal reclamation law also took over where water wasted and 2) the value of water usage is opment.31 the genocide of the nineteenth century left off, to be measured economically, not socially, cultur- further driving Native Americans from their ally or environmentally. Institutional Imperialism land and water.40 The Reclamation Service—un- der the authority of an 1887 law that sought The “use it or lose it” principle embedded in The U.S. Bureau of Reclamation, which began to break up reservations and convert the lands California water law requires water users to use as the federal Reclamation Service, took charge into private property—actually funded irrigation their allotted water or risk losing the right to of creating and administering the nation’s larg- projects for white farmers using money from use it in the future. It fails to acknowledge many est irrigation projects after Theodore Roosevelt the sale of Native American land.41 Historian immigrant communities’ and Native peoples’ signed the 1902 Reclamation Act into law. The Donald Pisani writes that the “Reclamation uses, which require the unhindered flows of intent of the law was to create a vibrant rural Service had little real interest in the welfare of rivers. Under this narrow definition of use, Na- agricultural heartland in the West. Frederick Native Americans, but it needed Indian land tive, ecosystem, and recreational uses of water Haynes Newell, the first director of the Recla- and money. The service had a clear objective: are considered wasteful, and the environment mation Service, said, “the object of reclamation to provide as much land to white farmers as it is stripped of equal standing in policy debates law is primarily to put the public domain into could, using money from the sale of Indian land about “reasonable and beneficial use.”29 the hands of small landowners.”38 Not only did as well as from the reclamation fund.” the law fail to meet this fundamental objective

The Environmental Justice Coalition for Water 21 CASE STUDY

Nutritional Justice the Karuk suffered massacres, land $13,000 per year.45 The loss of fisher- theft, the loss of physical health and ies replaced the traditional salmon on the Klamath economic base, and cultural degrada- and river-based diet of the Karuk with River tion during the colonization of Califor- the high-starch, processed-food diet nia. “The Karuk tribe was one of the of poverty, which led to high rates of For thousands of years, the Karuk Tribe fifteen tribes that signed treaties that diabetes and heart disease. A recent of Northern California maintained the were never ratified by Congress,” Ron study of nutrition among the Karuk health of the Klamath Basin by con- Reed, Cultural Biologist for the Karuk, found that “the devastation of the re- trolled burning, careful harvesting of explains. “[The federal government] source base, especially the fisheries, is plant species, and regulation of salmon took our 1.4 million acres, our hunting, also directly linked to the disproportion- runs and harvest in the Klamath River. and our water rights and we have been ate unemployment and socioeconomic “Having evolved over an immense fighting every step of the way for what status of the Karuk people today…. period of time, Karuk land management is rightfully ours. The Department of The present decreasing access to finds multiple expression: environmental Natural Resources is failing miserably traditional foods must therefore be knowledge, technical and ritual prac- at managing our tribal resources that understood in the broader context of 46 tices, underlying attitudes toward nature they are mandated by law to protect. cultural genocide.” and a conception of the role of humans We are still climbing out of this shat- 44 Karuk salmon in the natural system” John Salter, tered existence that is with us today.” In 2004, Pacificorp submitted an fisherman at Ishi Karuk Tribal Anthropologist, and Leaf application to the Federal Energy Regu- Pishi Falls on the Hillman, Director of Natural Resources Hydroelectric dams operated by Pacifi- latory Commission (FERC) to renew Klamath River, for the Karuk tribe explain. “With us the corp along the Klamath River pose one their dam operation licenses. For three 1800s. relationship to the land is an inclusive of the most immediate threats to the years, the Hoopa, Yurok, Klamath and way of life in which the spiritual link is cultural practices and physical health Karuk tribes, the Pacific Coast Federa- constantly re-emerging.”43 of the Karuk people. The dams block tion of Fisherman’s Associations, and salmon from 350 miles of spawning environmental groups such as Friends The Klamath River salmon runs are habitat. Water policy decisions that of the River met with Pacificorp to dis- central to Karuk ceremonies and overlooked the inextricable tie between cuss the environmental, cultural, and worldview. However, sustainable man- spiritual practices, tribal livelihoods, fishery impacts of the dams. Pacificorp agement of salmon runs that included and ecosystem management caused addressed none of these concerns in the entire watershed does not fall the crash of the Karuk fishing economy the license renewal application. within the California Water Code’s strict and a rise in chronic poverty among definition of “reasonable and benefi- the Klamath River tribes. The me- The Klamath River dams provide less cial use.” Indigenous groups such as dian income for Karuk families is just than 2 percent of Pacificorp’s total

22 Thirsty For Justice: A People’s Blueprint for California Water operating power;47 a study by the Cali- energy giant ScottishPower. As a result fornia Energy Commission found that of the alliance’s organizing and media already-operational power plants could campaigns, Pacificorp has entered easily replace any energy lost from into a settlement renegotiation with Courtesy: Ron Reed decommissioning the Klamath River indigenous, environmental and fishing dams.48 Their continued operation will groups. While Karuk tribal members cause cultural and physical destruction face the possibility of another long, that water policy decision-makers are drawn-out, and ultimately futile process unwilling to factor into their cost-benefit of negotiations, they continue to rely analyses. Commenting on the relicens- on government commodity foods and a ing process, Reed said, “You can sit single fishing spot to survive. there and say, Okay, that acre of land with potatoes or alfalfa is worth this amount of money. But we are talking about cultural resources here. How can I put money terms on these things? I This is a human rights threw my heart on the table for three issue. We are talking years, saying these are the impacts about health and of these dams on my people and it basically went unheard . . . They were economic issues for working out of their boxes and didn’t the Karuk. Our people realize the relationship of every aspect of [dam impacts] is related to our are not getting enough culture.” food. It’s not just about

After the negotiations with Pacificorp the use of a river, it’s failed, the tribes and their allies began about our human rights. Ron Reed, Cultural a campaign to “Bring the Klamath Biologist for Salmon Home.” In 2004, tribal leaders —Ron Reed the Karuk tribe, traveled to Edinburgh, Scotland and Cultural Biologist fishing for salmon presented their concerns at the annual for the Karuk Tribe at Ishi Pishi Falls, stockholders meeting of Pacificorp’s 2003. parent company, the multinational

The Environmental Justice Coalition for Water 23 Water Rights: Legalized Discrimination Prior appropriation gave miners the right to di- vert a stream into sluices to use on distant mine The economic designs of California’s first white sites. This enabled speculators to set up regional American settlers set the course for the state’s water monopolies. Prior appropriation, which confused and contradictory system of water was upheld by the California Supreme Court in law.49 Early miners set up a system of claiming 1855 and 1875, was a “legal subsidy” for such rights to water by getting to it first and using early corporations in that it entitled them to it in mining operations. The doctrine of “prior take public property for free.53 appropriation,” or “first in time, first in right,” was white settlers’ law of the land. They did not Riparian law—a facet of British common law— believe that Native Americans held any rights was also brought to early California. Early ripar- to the water—though they were obviously there ian doctrine gave landowners along a stream

first—because they did not “use” the water in the or river full rights to use water for all domestic Courtesy: Karuk Tribe way that whites did. The white American idea needs, but not to divert the stream for mining of use meant diverting water from its natural or irrigation.54 Starting in 1865 the California We like to call it “legalized flow and applying it to the earth to extract Supreme Court began amending the riparian wealth.50 doctrine to include limited irrigation.55 feudalism.” We have a saying up here in Butte County, it’s like Non-white laborers were excluded from the In 1886, the California Supreme Court was the tail wagging the dog. Of the economic benefits of the gold rush and from the forced to prioritize between the two doctrines. emerging water rights system. Many African- In the case of two agricultural monopolies 200,000 people in the county, Americans were brought by Southern slave in the San Joaquin Valley, Lux v. Haggin, the there are only few people in the owners as low-paid or slave mine laborers.51 court declared that riparian rights were to be Chinese and Mexican competition for gold maintained on all private lands except where a water districts making all the sparked so much fear amongst whites that they person or corporation claiming prior appropria- decisions about our water. passed the Foreign Miners Tax Law of 1850, tion rights had begun to use the water before the which required that all “foreigners” working a riparian owner acquired their property.56 For a —Lynn Barris claim pay a fee and obtain a permit.52 more detailed description of water rights, please Butte County resident and almond see Appendix B. grower, water policy analyst, Butte County Environmental Council

24 Thirsty For Justice: A People’s Blueprint for California Water Both prior appropriation and riparian rights Profit Before People agriculture [and] it is exactly those areas where set the stage for the intense concentration farming is most modern, rational and economi- of wealth. The doctrines tied water rights to From the earliest years of European settlement, cally profitable that the worst general social land ownership with no meaningful protec- the land-owning class in California has viewed conditions are found.”61 Industrial agriculture tions against monopoly or abuse of the public land always as a means of creating wealth. also forces small farms that cannot compete in resource. In the wake of the Lux v. Haggin case, Whether by carving the hills to mine for gold, a global economy out of business; from 1982 the dueling land barons—partners Charles Lux or creating new cities along the coast and in the to 1997, the number of small farms consistently and Henry Miller versus their archenemy James desert, or draining ancient lakes to grow cot- decreased.62 Haggin—cut a deal and exited the courtroom ton, or leading a river hundreds of miles from in full control of the Kern River, and between its course to grow oranges in the desert, using Farming of large land holdings and building them nearly a million acres of land waiting for land and water to create wealth dominated the the water infrastructure to sustain agricultural irrigation water. politics of early California.59 empires have relied on what Goldschmidt calls “cheap labor,” most often low-income, people In most cases, the water rights claims that were In his 1947 study As You Sow, Walter Gold- of color. African-Americans worked mostly as registered with the state were for far more schmidt described how the shift to industrial unskilled day laborers in the urban areas that water than was ever recorded as flowing in the agriculture changed farming from a livelihood to grew up around the agricultural empires.63 The state’s major rivers.57 The State Water Resources a means of achieving wealth. This shift reshaped Chinese laborers who built much of California’s Control Board has estimated that there are still rural communities, effectively urbanizing them water infrastructure and “reclaimed” thousands about three times as many rights as there is by consolidating small farms into large land- of acres of Delta wetland for farmland were pro- actual water.58 Adjudication, the legal process in holdings; creating a demand for cheap labor; hibited from owning land. Many became tenant which claims are measured against actual water and subjecting agricultural land to speculative farmers, growing vegetables to sell to urban cen- in a stream system, has helped resolve a small prices, which often bankrupted small family ters and mining towns. The Chinese Exclusion number of California’s water rights conflicts, farmers.60 Act, passed in 1882, outlawed Chinese immigra- however, the laws of property and contract tion. The Alien Land Act of 1906 prohibited alone cannot solve this problem. Since Cali- Since Goldschmidt’s 1947 study much work has both Chinese and Japanese immigrants from fornia’s state’s laws allow the sale of rights to been done to test his ideas. In a 1988 Con- owning land in California, though Japanese ten- unused water, large water users often exaggerate gressional Research Report, Dean MacCanell ant farmers continued to play an important role claims of historical water use for their personal concludes that “there is evidence for substantial in agriculture.64 profit. deterioration of human communities and living conditions associated with the new form of

The Environmental Justice Coalition for Water 25 1,200,000

1,000,000

800,000

600,000 According to the Pacific Institute report Our There are two distinct types of water manage- How400,000 much does Westlands Water, Our Future, many Mexicans: ment districts in California. One type—autho- Water200,000 District pay for water rized by the Wright Act of 1887—has a more 0 Westlands MWD were forced to live in labor camps near democratic structure and a board composed of each year? the fields where they worked, or were elected members. These districts rely on local $1000 $925

confined to the most marginal of com- ground and surface water and serve smaller $800 munities. They were treated as peon farms. The second type—authorized by the $600 workers and were principally employed at Water District Act of 1913—tends to be un- low wages in agriculture or other types of democratic as its board is composed of local or $400

undesirable manual work…. The stream of absentee landowning elites with voting power $200 immigrants from Mexico to do the back- proportional to the dollar value of their prop- dollars per acre-foot $12.19 0 breaking manual work required to harvest erty. “Property-weighted” voting excludes all Westlands MWD agricultural crops continues to this day.65 non-landowning members of the district from decision-making. This second type of district Undemocratic Political Institutions has been the most prominent since the 1940s, How much water does largely due to the construction of the state Westlands Water District In the early years of the twentieth century, indus- and federal water projects. Merrill Goodall, a use per year? trial agriculture relied heavily upon technological scholar of California water politics, told a 1991 advances in groundwater pumping. These ad- Sacramento conference on water in California 1,200,000 1,151,609 vances allowed agribusiness to cultivate increas- agriculture, “there is a simple, straightforward 1,000,000 ingly large acreages. Within a matter of decades, relationship between large corporate entities 800,000 pumping had lowered underground water and the public agency [of the second type]. 660,000 600,000 tables, causing the valley floor to drop as much Concentrated land ownership is a primary as thirty feet.66 The San Joaquin Valley’s largest source of political influence and there is a stable 400,000

68 per year acre-feet landowners then began clamoring for state and bias in the distribution of public benefits.” 200,000 federal water projects to pipe in river water from 0 Northern California to replace their depleted Property-weighted voting in water districts Westlands MWD groundwater supplies. As they planned the state’s evolved simultaneously with three trends in the The Westlands Water District receives vast amounts $1000 massive waterworks, they were also designing San Joaquin Valley: (1) the increase in the con- of publicly-subsidized water at discounted prices, while over 18 million water users served by the $800 a new political institution—the water district—to centration of land ownership; (2) the expansion Metropolitan Water District of Southern California, 67 manage the system’s water deliveries. of acreage under irrigation in the southern and are paying over 75 times the price Westlands pays. Subsidies; and the California Water Group, Working The Environmental Sources: District of Southern California. Water Metropolitan $600

$400

Thirsty For Justice: A People’s Blueprint for California Water 26 $200

0 Westlands MWD western parts of the valley; and (3) the conver- laws governing acreage limitations and allow gence of the largest public water projects and this empire of disparity to bloom. In Decem- Here in [Tulare private water organizations in the state. These ber 2004 the Environmental Working Group County], you know trends have blurred the distinction between released a report showing that taxpayers spend that the big farmers, public and private welfare. The result, accord- about $416 million a year subsidizing water de- ing to Goodall, is that “both environmental liveries to Central Valley Project agribusinesses the big corporations, degradation and social inequity have come to be and farms.72 The report showed that 67 percent get the lion’s share. described as ‘development’.”69 of project water goes to the largest 10 percent of And the small farmers, the agribusinesses. The Westlands Water District One of the most extreme examples of undemo- receives over 700,000 acre-feet of water each particularly amongst cratic control within a landowner district is year, seven times more than any other contract- the minority, the people, the Westlands Water District, which receives ing agency. Westlands paid $13.4 million in the main community, irrigation water from the federal Central Val- 2002 for water that the Environmental Working ley Project. In the late 1970s, the average farm Group estimates to be worth between $80-110 they get a little farm size in Westlands was 2,200 acres, and the million. started, forget it. entire 600,000-acre district comprised only 216 70 farms. In the 1980s, Dean MacCannell found The State Water Project and the federal Cen- —Graciela Martinez some of the worst poverty conditions in Califor- tral Valley Project sprang from, fit within, and Proyecto Campesino nia within the boundaries of the water district. contributed to a system of exclusion in rural He notes, “the Westlands is an area of small, California, where the lion’s share of the ben- poor towns surrounded by more than half a mil- efits of the state’s water resources and taxpayer lion acres of rich farmland held in 200 farming funded public works flowed up hill to property units owned by local farmers and by wealthy owners. Once created, the projects increased investors living in distant cities.”71 and solidified the concentration of land and wealth among the white upper classes. Monopolistic Influence of Public Water Projects In February of 2005, the Bureau of Reclamation began signing new contracts with two hundred The undemocratic structure of water districts water districts and contractors who receive and the disproportionate political influence of water from the Central Valley Project. These landowners allowed them to twist and bend the contracts lock California into delivering huge Michael Bialecki

The Environmental Justice Coalition for Water 27 amounts of water to Central Valley growers for to sell extra water to urban areas and real estate Exclusionary Planning: the next twenty-five to fifty years, increasing developers.76 Urban Land-Use Policies the likelihood that infrastructure projects such as the raising of Shasta Dam will be approved.73 As land uses in the Central Valley shift from Land-use decisions have a major influence on The proposed dam expansion will likely be agriculture to urban development, public funds how our communities look today and why pushed forward by the demands of districts that are increasingly subsidizing luxury suburban low-income communities and communities of have been “promised” amounts of water that the development. Tejon Ranch, the largest property color are so often located in environmentally state cannot deliver.74 These projects have vast owner in the state, is turning its farmland into degraded areas. Land-use planning describes the impacts for communities like the Winnemem industrial parks and subdivisions through the process by which local and county governments Wintu, a Northern California tribe whose sacred development of a new city called Centennial. make decisions and establish policies about sites would be flooded if the dam is raised. See The ranch, which covers over 270,000 acres in growth and service provision in a specific area. Chapter 3 for a more detailed discussion of the southern Kern and northern Los Angeles coun- Land-use planning tools include the creation of Winnemem Wintu’s struggle. ties, buys water from the State Water Project county and city general plans and the crafting of through the property-weighted Tejon-Castaic local zoning laws that determine what types of The contracts do include a small rise in the Water District. Dennis Mullins, Tejon’s general land uses are allowed in a particular area.78 price of project water, but they promise water counsel, is the president of the water district’s that California cannot supply that irrigation board of directors and a member of the board Zoning decisions have long been used to districts do not really need. Agricultural acreage of directors of the Kern Water Bank, the largest concentrate undesired land uses, such as indus- has dropped over the past forty years and many underground water storage facility in the U.S. trial or residential waste processing facilities, in districts do not use their full annual allotments The developers are so sure of their water sup- low-income and communities of color.79 Whites of water. By conserving a mere 5 percent of the ply for this new city that Mullins recently told who did not want to live near noxious land uses, water used on the alfalfa crop, growers could the Los Angeles Times: “Even when the rest of immigrants, people of color, or low-income save five times the water that the Bureau’s most the state is shut down and rationing, we’re still people were able to influence zoning and indus- generous projections say would be stored by going to be in good shape.”77 As residents of trial development to ensure that environmental the expansion of the dam.75 But profits, rather groundwater-dependent communities located degradation followed lines of segregation.80 In than efficient water use, are the main motivation only a few miles from the California Aqueduct San Francisco, one of the earliest applications of for the dam expansion. According to the Los go without safe water and drive up to fifty miles zoning was to isolate land uses such as shipbuild- Angeles Times, the contract renewals “will virtu- per week to purchase bottled water, Tejon ing facilities and tanneries on the east side of ally guarantee growers a dominant role in the Ranch plans to stick a spigot in the State Water town, away from affluent, white neighborhoods.81 state’s water markets,” as growers will be able Project and create their own private city. Simultaneously, San Francisco’s famous China-

28 Thirsty For Justice: A People’s Blueprint for California Water town grew out of racist policies that prohibited Los Angeles, housing titles that restricted sale built in the floodplain marshes of Islais Creek Chinese immigrants from renting or owning or lease to persons other than whites confined and Yosemite Slough; Central Los Angeles is housing or land anywhere else in the city.82 African-Americans to the downtown Central built in the floodplain of the L.A. River; and San Avenue district.87 Diego naval bases are built on paved-over wet- Like agriculture, industrial growth often relied lands. The flood-control function of floodplains on the labor of people of color. As California Zoning practices overlooked the impacts of and wetlands was never considered in zoning rapidly urbanized from the turn of the century development on local water sources. Sedi- decisions, which created conditions that caused through World War II, immigrants and people ment and pollutants produced toxic runoff that the flooding of the largely low-income, commu- of color came in search of work and to escape contaminated groundwater and flowed through nities of color located in the flatlands. Industry racism elsewhere in the U.S. Often the only jobs the streets into nearby streams and bays.88 One was also virtually unregulated.89 The lack of available to them were low-wage manufacturing of the greatest oversights, and one with lasting toxic waste disposal regulations and wastewater and industrial work.83 In Oakland, once known impacts, was the practice of building in flood- treatment plants created squalid housing and as the “Detroit of the West,” African-Ameri- plains. San Francisco’s industrial district was poor health conditions in these neighborhoods. cans who migrated from the South worked in shipyards and the Oakland Army Base dur- ing World War I and II.84 Cheap, conveniently located housing was made available in cramped, segregated neighborhoods, creating a predomi- nately African-American neighborhood that still exists today.85

White interests used land-use planning tools to prohibit people of color from moving into new areas. Racial covenants confined people of color to segregated neighborhoods. One notori- ous practice was the use of “redlining,” a form of property categorization based on race and

income that banks used as legal justification for Alisha Deen refusing home loans to people of color want- Zoning practices in many low-income communities lead to the contamination of streams, rivers, ing to buy homes in white neighborhoods.86 In and groundwater.

The Environmental Justice Coalition for Water 29 Bayview Hunters Point is Racist zoning practices kept people of color sewers and schools.”92 Suburban development starting to be gentrified. from moving out of polluted neighborhoods and requires large amounts of water. Separate houses participating in the next phase of U.S. metropol- with lawns use more water than the high-density The city is building houses, itan growth: urban sprawl.90 Urban sprawl de- housing characteristic of urban areas, requir- but people can’t buy houses scribes the expansion of spacious, single family ing miles of water and sewer infrastructure and housing developments on the outskirts of cities. encouraging higher water consumption.93 if they don’t have jobs. The The mass development of suburbs in the post- community doesn’t get any World War II era maintained and exacerbated Many industries have followed lower labor money and then developers segregation in U.S. cities. In Crabgrass Frontier: costs and weaker government regulations to the Suburbanization of the United States, the foreign countries. The manufacturing centers and the city say, ‘well this is definitive study of U.S. suburban development, that provided stable jobs for many people of what is best for you,’ but we Kenneth Jackson describes how the urbaniza- color severely declined throughout the 1960s say we know what is best for tion policies of local and national government and 1970s.94 The combination of industrial “put its seal of approval on ethnic and racial relocation and “white flight” created an aban- us. They have been destroying discrimination and developed policies which doned urban core that has lost major sources of our community. They have had the result of the practical abandonment of revenue. Derelict buildings and contaminated 91 been killing me with toxins, large sections of older, industrial cities.” lots—known as brownfields—are the toxic lega- cies of five decades of industrial production.95 and then telling me I am not Public and private resources have flowed to new Communities lacking in political power have qualified to participate in construction in the suburbs and white, mobile become concentrated in these landscapes filled any development in the area. people have moved out of urban areas. The 1999 with deserted factories, power plants, warehous- report Building Upon Our Strengths: A Community es, railways and vacant lots.96 That’s gentrification. Guide to Brownfields Redevelopment in the San Francisco Bay Area examines the prevalence of Although environmental regulations are now —Olin Webb former industrial sites in the Bay Area. The re- in place, they are difficult to enforce because Bayview Hunters Point Advocates and a port notes that urban sprawl “essentially redirects many abandoned sites have been toxic-ridden life long resident of Bayview Hunters Point public funding, public services, and new busi- for many years. In Oakland, efforts to redevelop nesses out of the inner cities and older suburbs a former industrial site into a shoreline park in into newer suburbs. These new developments a community of color was delayed because the require new infrastructure investment for roads, Port of Oakland failed to determine the extent

30 Thirsty For Justice: A People’s Blueprint for California Water of contamination. The Port of Oakland then “hot spots” of culture, luring potential busi- rivers to dry areas, creating lush oases that required a local non-profit organization to foot nesses and homeowners into the area.107 In lured new residents. Their waterworks the bill for the environmental studies.104 Brown- the process, many low-income people—often turned what had been a free, common re- fields also drive property values down, hamper- people of color—are subjected to increased source into a commodity—one that greatly ing revitalization in economically depressed policing, forced to leave their neighborhoods, increased the value of the lands they areas. In the study Brownfield Redevelopment: or made homeless.108 subdivided and sold. [ . . .] Those too poor Case Studies, the California Center for Land to tap into private waterworks drew water Recycling notes that “brownfields are dispropor- Low-income communities and communities from public taps, bought it from peddlers tionately located in disinvested and underserved of color are thus excluded from any redevelop- at high per-gallon rates, or carried it from neighborhoods that have neither the financial ment or revitalization that may occur in their river and creeks that were polluted with resources to promote redevelopment, nor the neighborhoods.109 When money flows into their human waste. Private water companies’ expertise to work through a complex remedia- areas, it rarely finances much-needed benefits monopolistic practices often resulted in tion and redevelopment process.”105 for the local community, such as affordable sporadic service and outbreaks of typhoid housing. It often further excludes low-income, and cholera. Eventually, municipalities Bay Area flatland communities such as West people of color from waterfront development took over.110 Oakland and San Francisco’s southern water- and open space and pushes them into other front are home to high concentrations of people environmentally degraded areas. In the early 1900s, California cities sought out of color and high rates of poverty, and contain distant water supplies in order to attract new most of the area’s toxic sites.106 Current zoning Control Over Water Equals industries and promote land speculation and de- policy places new polluting sources in these so- Control Over Development velopment.111 The quintessential example is Los called blighted neighborhoods, furthering cycles Angeles. By piping water in from the Owens of neglect and discrimination. In California, water has been essential to urban Valley hundreds of miles away, real estate specu- growth. Water systems were developed in the lators and city bureaucrats fueled a development Many low-income communities and communi- 1800s by private companies, which built dams boom that allowed them to cash in on land ties of color now face a new threat. Gentrifica- and pipelines to supply groundwater and river investments.112 In San Francisco, the construc- tion describes a pattern of redevelopment in water to growing cities. In Dam Nation Cleo tion of the Hetch Hetchy Dam and aqueduct which affluent, usually white people move into Woelfle-Erskine notes: transferred crystal clear water from the Sierra neglected urban areas, thus pushing property Nevadas to San Francisco, allowing city politi- values up and driving out long-term residents. Early water barons usually owned land cians to attract developers and investors and Real estate developers cast urban areas as new or development enterprises, and diverted thus extend the city’s influence.113

The Environmental Justice Coalition for Water 31 CASE STUDY

We are a very —Maywood used Industry Contaminates Groundwater tiny city in the to be the Beverly in Southeast Los Angeles Southeast with lots Hills of Southside of industry. But it’s Los Angeles. This The community of Maywood, located in (VOCs), which spread in underground all an extractive used to be a good southeast Los Angeles, uses ground- plumes and entered drinking water water supplied by three small mutual aquifers. A United States Geological nature. We have no manufacturing water companies. Maywood is 96 Survey study found VOCs in two-thirds health programs, town, with a lot percent Latino or Hispanic, with over of groundwater samples in Los Ange- 50 percent foreign born. Maywood les, and noted that VOC plumes can no community of different good resident’s income is below the state be seen as a “tracer” for patterns of programs. There paying jobs. When average and unemployment rates are urban industrial development.99 In the higher.97 Maywood, only one square South Coast area, VOCs from industrial are a lot of you take away the mile in size, is sandwiched between sources have contaminated drinking industrial sites. good union paying freeways, a rail yard, and industrial water for more than a million people, manufacturers. Comité Pro Uno, one of causing four areas to be designated as Bethlehem steel jobs, basically you the few advocacy groups that orga- Superfund sites.100 used to have eight are left with a Wal- nizes in the city, has identified a slew of toxic sites that can leach dangerous Pemaco, a chemical blending plant hundred people Mart economy. chemicals into local drinking water: active from the 1940s until 1991, all who lived in a former paint plant; leaking under- produced chemicals for companies —Felipe Aguirre Maywood. You ground fuel tanks; MTBE and benzene such as Lockheed Martin and Boeing, Comité Pro Uno from oil additive companies; a Beth- “chemicals for the war industry,” as had a good middle lehem steel plant; 6 major chromium Felipe Aguirre, a legal advocate with 101 class economy plating operations; and lead from a Comité Pro Uno, says. The site glass bottle company.98 was listed as Superfund site after an assessment that “concluded the site Industrial facilities One of the largest issues in Maywood posed a significant threat to human and railyards has been the Pemaco Superfund site. health, welfare and the environment. line the Los Pemaco dumped degreasers, gasoline The shallow groundwater beneath the Angeles River and additives, and other industrial solvents site was found to be contaminated.”102 surround the city of containing volatile organic compounds The Public Health Assessment for the Maywood.

32 Thirsty For Justice: A People’s Blueprint for California Water CASE STUDY

Pemaco site noted, “…a common com- water supplies are protective of public plaint among residents and teachers at health. Comité Pro Uno continues to the Heliotrope Elementary School was advocate for the communities water the tap water. When filling a glass from needs, instead of industrial water the tap, they report the water has a needs, and community participation in distinctly unpleasant odor and a slowly local water decisions. dissipating layer of bubbles. Many have complained to their water company.”103

Comité Pro Uno has been working to ensure residents have clean drinking water, but their efforts have been stymied by unresponsive water compa- nies. Renters are not allowed to sit on the water company’s board. According to Aguirre, the water board is domi- nated by business people who are not interested in protecting the rights or health of Maywood residents, many of whom are tenants. Renters cannot sit on the water board, so board decisions favor factory owners and landlords.

The Comité has held community events to educate local residents about water quality problems and is conducting independent tests for contaminants not identified in the water company’s annual water quality reports. Aguirre believes that without community repre- sentation on the board of Maywood’s mutual water companies, it will be difficult—if not impossible—to ensure

The Environmental Justice Coalition for Water 33 The problem is the lack Suburban development in particular has flour- governments to construct more water, sewage, 116 of water. Water here in ished under the influence of water districts. In highway, and flood-control infrastructure. The their study of Southern California’s “hidden 2005 Department of Water Resources report the Valley is like gold. government” of water districts and agencies, entitled Flood Warnings: Responding to California’s It took me over a year Robert Gottlieb and Margaret Fitzsimmons Flood Crisis calls for sweeping new flood control note that: systems necessary largely to protect new subdi- and a half to be able to visions in Central Valley floodplains.117 find an entitlement. This Water development has been integral to meant that I couldn’t the growth agenda. Water agencies, led Despite these added costs and dangers, the by vigorous entrepreneurs who sought powerful interests promoting suburban growth develop any housing, any aggressively to capture and secure distant are unlikely to place voluntary restrictions on new businesses, any new sources of supply so that their service growth.118 Policy makers have only recently parks, and things of that areas could flourish and expand, became begun to address the historic exclusion of water- central to the political and institutional supply considerations from land-use planning nature that are needed in setting that promoted and sustained the processes.119 Senate Bill 221, passed in 2002, re- a community. I couldn’t urban, industrial, and agricultural expan- quires developers of subdivisions larger than five 114 even serve the local sion of the region. hundred units to prove that there is an adequate water supply to meet its needs. communities because of In the Central Valley, explosive suburban the lack of the water. growth is causing a host of environmental prob- Newhall Ranch, a planned 21,600-unit develop- lems while exacerbating social and economic ment along the Santa Clara River in semi-arid —Victor Lopez inequalities. Resource-intensive, suburban-style northern Los Angeles County, is one example Mayor of Orange Cove development is expanding 55 percent faster in of how current water policy fuels new develop- the Valley than elsewhere in the state, pricing ment and the need for more water infrastruc- out low-income people and covering some of ture. Castaic Lake Water Agency has acquired the state’s most fertile farmland with exclusive water from Kern County to maintain a supply suburbs.115 Between 1994 and 1996, the De- for the development; environmental organiza- partment of Conservation reported that nearly tions have sued to block the deal.120 John Gibler, 18,000 acres of irrigated farmland was converted a researcher with Public Citizen, has investigat- to urban use, a transformation that requires local ed how several corporations who control major

34 Thirsty For Justice: A People’s Blueprint for California Water water agencies stand to make money on selling the rights to this water. His report Water Heist notes that, “with the houses built and the new dwellers moved in, the developers will push for new dams and more pumping of water from the north to save the stranded residents from drought.”121 The flow of water and money to these new developments directs resources away from urban areas and small, rural communities where many low-income people and people of color live.

Aerial view of a remnant farm surrounded by subdivisions,

San Jose, 1996. Robert Dawson

The Environmental Justice Coalition for Water 35 Definitions 1.3 some form of water markets. They argue that EMERGING ENVIRONMENTAL properly regulated market-based transfers can Water transfers involve changes in the location or JUSTICE ISSUES IN CALIFORNIA be a cost-effective way to meet growing urban type of water use. In California, transfers usually do WATER POLICY demand. Many environmental groups, such as not involve water rights, only water. Transfers often Environmental Defense in Los Angeles, think occur between public or quasi-public agencies, Perspectives on Water Transfers that government regulated, market-based water and can take place as market-based transactions, transfers provide an important means to acquire which further the development of water markets, or market-based water transfers are a water for river or wetland restoration projects as non-market reallocations, which may include the controversial and growing force in Califor- while avoiding the construction of new dams cutback of water deliveries against a water user’s 123 nia water policy. Many proponents of water and aqueducts. Voluntary transfers can also will. Non-market reallocations take place under bring funds into agricultural communities to ad- government regulation through mechanisms such markets argue that market factors—rather than dress a host of community needs. as the Endangered Species Act and the public trust government bureaucracies—can regulate water 122 doctrine, and will not be discussed here. use most effectively. They argue that creating a water market in which buyers and sellers can Many environmental justice advocates, how- Water markets facilitate a water rights holder’s readily transfer water will increase conservation ever, worry that these types of transfers could ability to lease or sell water to users willing to pay and efficient water distribution. Farmers would disguise a reshuffling of the state’s public water for it. The term “water market” refers to the arena have incentives to conserve water because they between powerful corporations and landown- in which water sales take place. Water markets could sell unused water on the market at a ers. As noted throughout this report, public and do not develop new sources of water; rather, they profit. Water districts, large municipal agencies, quasi-public agencies have cut out communities allow people and agencies to redistribute exist- and many farmers favor water transfers because of color and low-income communities for de- ing resources according to economic power and they stand to benefit economically from the cades precisely by creating policies and institu- demand. As market-based transfers become more transactions. In theory, the goal of market-based tions that favor private and corporate interests. common, some believe that government regulators water transfers is to avoid the development of Public Citizen’s report Water Heist highlights the should oversee transfers to protect human and ways in which private corporations that control ecological communities from potential negative additional water infrastructure through a com- water district boards of directors can influence impacts such as groundwater depletion and the bination of increased efficiency and voluntary water regulatory agencies in order to create loss of agricultural jobs. Others favor minimal gov- reallocation of water that is already stored and ernment regulation, which they say interferes with a diverted. and benefit from water markets. Environmental water market’s economic viability. justice advocates fear that in an improperly or Some environmental groups and environmen- insufficiently regulated market, those who have tal justice advocates favor water transfers and already been left out would be further unable

36 Thirsty For Justice: A People’s Blueprint for California Water to compete against those who have grown rich of water bureaucracies, these impacts, ranging When agencies like the from decades of unjust water distribution in from the loss of jobs to the displacement of Imperial Irrigation District California. entire communities, are referred to as “externali- ties.” An integral part of any mitigation within and the Metropolitan Water The development of a California water market a transfer agreement is the commitment of District move all this water amenable to agribusiness and development resources and community-based programs for between them, it affects the corporations often requires expansion of infra- transitional assistance, re-training, education, structure and at least partial privatization of a apprenticeship, and job opportunities targeted livelihoods of a whole lot of public resource. Advocates point to closed-door to those most directly impacted. These policies people who aren’t involved meetings between powerful landowners and would have to protect those who have long in the negotiations. The real state and federal water officials to re-configure been underserved by traditional water develop- the state’s plumbing.124 These proposals have ment and management. injustice is that these are the included increasing exports from the Sacra- people who have been making mento/San Joaquin Delta; raising Shasta Dam; The Perspective from Imperial Valley integrating the state and federal water projects; all the farms survive and building a peripheral canal around the Delta to One example of a regulated market transac- profit with their labor – farm transport more Northern California water south; tion is the water conservation and transfer workers, restaurants who and allowing for water sales between and within program now taking shape within the Imperial the public projects. All of these shifts lead Irrigation District (IID). The district uses more supply food, packers, tractor toward the same goal: securing an ever-increas- water—approximately 3.1 million acre-feet per drivers. The districts get to ing imported water supply for the state’s largest year of California’s 4.4 million acre-foot per year profit from all these people’s landowners. “entitlement” to Colorado River imports—than any other irrigation district in the U.S.125 In hard work, and we are saying Other environmental justice advocates argue 1998, IID negotiated a long-term agreement to that they need to share some that water sales are already occurring in many conserve and transfer a portion of its entitle- of that profit. places, and that the best solution is to ensure ment to the San Diego County Water Author- government regulation. Their key requirement ity (San Diego). In 2003, the IID-San Diego —Eric Reyes is the creation of public policies that ensure agreement was finalized as part of the complex Institute for Socio-Economic Justice and that potentially negative impacts are fully and multi-agency Quantification Settlement Agree- Progressive Community Development fairly assessed, and then mitigated. In the jargon ment (QSA).126 Under the final agreement, San

The Environmental Justice Coalition for Water 37 Diego agreed to pay the district annually for Quantification Settlement Agreements are all migrants and indigenous groups. 23 percent increasing amounts of “conserved water,” which integral parts of California’s efforts to reduce its of Imperial County residents live in poverty the irrigation district agreed to make available dependency on Colorado River water.127 and the average per capita income is less than to the water authority. Initially, the water will 60 percent of the California average. The be provided through voluntary land fallowing, In the midst of these deals between high-pow- population is 80 percent people of color and 72 and ultimately through agricultural conserva- ered quasi-public agencies is an economically percent Latino; more than three-quarters of the tion investments made on farms. This and other depressed community of farm workers, im- Imperial Valley’s farm labor workforce migrates daily or seasonally from Mexicali and other lo- cations in Mexico. Most initial attention around Exclusionary the case of market-based water resources related to water. The the IID transaction focused on water loss to the transfers, the huge profits ag- many workers who provide the Salton Sea, an important bird sanctuary. How- Language ricultural interests and districts engine for California’s multi-mil- ever, the transfer will also have huge effects on stand to make in the face of lion-dollar agricultural industry the many people whose livelihoods depend on Like much bureaucratic lan- drastic human and environmen- are reduced to “third parties,” the region’s agricultural economy. guage, words used in negotiating tal impacts may be overlooked. effectively denying their crucial water transfers serve historically role in the local economy and As the IID-San Diego agreement was being dominant interests while ignoring Cost-benefit analysis is their right to participate in finalized, farm workers and other community cultural values of traditionally the mechanism that agencies water reallocation and land interests organized to request so-called mitiga- excluded communities. and districts use to quantify retirement decisions on equal tion funds to offset the impacts of transferring the impacts of a water sale or footing with farmers and water water out of agricultural production. They suc- Externalities is a term used to transfer. A cost-benefit analysis agencies. Finally, some people describe the consequences of evaluates the relative costs question whether assigning a ceeded in securing a minimum commitment of decisions or transactions that and benefits of a proposed dollar amount for a person’s $20 million for job training, transitional assis- fall outside of the two groups project. This requires placing well-being or cultural values, as tance, and other types of community and local negotiating a deal. This techni- dollar figures on all aspects of is done in cost-benefit analyses, economic mitigation. The market-based transfer cal word hides the human and the sale or transfer, from the can ever be an effective mecha- also includes the creation of a stakeholder ad- environmental consequences of loss of revenue when an acre of nism for addressing social visory group called the Imperial Valley Socio- any decision and makes it easy agricultural land is taken out of inequality. economic Improvement Committee, commonly to keep those impacts out of production to intangible costs referred to as the “Local Entity.” This group is the decision-making process. In such as the loss of cultural responsible for monitoring how community impacts are calculated and developing the actual

38 Thirsty For Justice: A People’s Blueprint for California Water CASE STUDY

A Rural Northern California During the 1991-94 drought, large farmers in Northern California’s Butte County offered up Perspective on Water Transfers their water to thirsty urban areas. In 1994 alone, rice farmers sold 115,000 acre-feet of water— for $50 per acre-foot—to the State Drought Water Bank, which transferred it south. The [Butte Environmental Council] has California Department of Water Resources con- warned the public repeatedly about this ducted neither public review nor outreach before the market-based transfer went into effect.133 Council Butte Environmental being a hen house guarded by the vixen, Giant pumps dump water destined for Southern California into an irrigation canal but the brazen arrogance of the water After selling their surface water, large rice farm- in Butte County during the drought. ers began pumping groundwater to irrigate their sellers has never been more evident crops. The water level in local aquifers dropped, than from the following quote from leading to a rapid drop in household well level In response to public outcry, the state eventually near the water sale area.134 During the summer created a committee of stakeholders—including the April 6, 1999 Butte County Water of 1994, many well-dependent families expe- community members—to examine the possible Commission meeting. The public voiced rienced low water pressure and intermittent, impacts of water transfers on small, rural areas such as Durham. The water districts refused concern about the ability to mitigate unreliable water supply. Some drilled their wells deeper; in other cases, pumps were damaged to participate, until a “special-interest steering losses to all the domestic well users if by the sudden, unpredictable loss of water committee” was established.136 water levels dropped following sales, A drop in well level causes heavy metals that The population of Butte County remains vulner- and Les Herringer, [Water Commission sink to the bottom of a well to enter the drinking able to market-based water transfers. Since appointee] replied, “The intent of the water supply. Families first learned about re- 1994, community activists have been meeting duced groundwater supply when their wells went with Butte County officials to ensure that water ordinance is not to prevent impacts.” dry, so many people consumed contaminated sales include protections for environmental and water without their knowledge. The community community water uses. Local water districts —Butte Environmental Council132 of Durham, which depends on three municipal continue to reject these efforts, and the County wells, had to close one of its wells and ration Board of Supervisors has failed to adopt any its remaining water due to contamination. Some real protections. small family farmers were unable to irrigate their crops.135

The Environmental Justice Coalition for Water 39 mitigation plan. A representative of the United already taking place, there needs to be some Farm Workers was appointed to the advisory mechanism to address the direct socio-econom- group late in 2003, ensuring that farm workers ic impacts on communities,” she says. “If the have a voice and a vote in the Local Entity’s costs of these losses can be properly calculated, deliberations. and if appropriate mitigation programs can be developed to assist communities in adjusting, Some environmental justice advocates see the the Local Entity process might serve as a model Local Entity as one of the first opportunities for socioeconomic mitigation and improvement to quantify the social impacts of market-based efforts as an integral part of other regulated water transfers on a low-income community of water transfers in the future.” color. Often called “third-party impacts,” effects on communities range from the loss of jobs Community Perspectives in the to the loss of revenues for local governments. Westlands District: The Centrality According to the Committee on Western Water of “Third Party” Impacts Management, third parties are “those who stand to be affected by the transfer but are not repre- This is going to affect…the entire commu- sented in the negotiations and lack control over nity in the Fresno area, not just me, and all or input into the processes by which transfer the other workers that are being impacted proposals are evaluated and implemented.”128 that work in the ranches nearby…[we’re] Impacts can also include less tangible losses having to move…having to relocate. from the loss of small businesses and economic If…there would have been discussions vitality to the loss of cultural practices tied to an with the county, the government, and Courtesy CRLA agricultural livelihood. Westlands, maybe there wouldn’t have The Westlands Water District is made up of been as many people being displaced. about one thousand square miles of land in Martha Guzman, a Legislative Analyst with the Fresno and King counties in the western San California Rural Legal Assistance Foundation, —Testimony of Jose Gonzalez, a farm worker Joaquin Valley. The district is governed by a sees the Local Entity process as an opportunity displaced after 28 years of service to one company board of directors elected solely by landown- to provide meaningful economic benefits for in the Westlands, at the Senate Committee on ers, many of who do not reside there. In 2002, farm workers and communities impacted by Housing and Community Development hearing Westlands began a massive land retirement pro- the deal. “Because water transfers and sales are on November 18, 2004, in Fresno, California. gram involving approximately 100,000 acres.129

40 Thirsty For Justice: A People’s Blueprint for California Water Because much of the area’s economy depends water rates, water pollution, and urban sprawl to use the power plant’s water intake facili- on active farming, land retirement will have to the delayed decommissioning of polluting ties and cooling water. As a desalination plant significant impacts on local farm communities.130 power plants, which are often located in low- justifies the continued use of large amounts of An estimated 750 farm workers have already income communities. cooling water, it frees power plants from the been displaced from their jobs.131 Related indus- obligation to develop cooling water recycling tries will be directly impacted and the falling Desalination plants suck millions of gallons of strategies. property values will further reduce funding for ocean water through open intakes, killing 100 schools and local services. When these types of percent of aquatic organisms. The salt water is The power plant provides cheap energy to the losses are termed “third party impacts,” water then forced through extremely thin membranes desalination facility; in fact, desalination requires districts such as Westlands are able to mask the at high pressure. The salt is concentrated into so much energy that many old “peaker” plants profound social and economic losses that such brine, which is released back into the ocean or that run only when demand is highest will need drastic changes initiate. estuary. These processes are toxic to coastal to run all night. This increase in demand will in- waters and wreak havoc on their ecological crease air pollution in surrounding low-income Desalination: Looking for balance, further depleting stocks of fish and neighborhoods, most of which are home to the Next Technological Fix shellfish that many low-income people rely on people of color.141 Desalination will also thwart to supplement their food supply.139 grassroots efforts to decommission dirty power The prospect of having entire oceans on tap plants. Residents of Huntington Beach have seems enchanting. In recent years, the process The desalination process requires enormous been struggling to shut down a nearby power of desalination—taking salt from water—has at- amounts of energy and additional infrastructure plant for years; a proposed desalination plant tracted increasing attention from water agencies to pump ocean water into treatment plants. would extend the facility’s life.142 and the public. While there are no large-scale Since ocean water may contain toxins such as plants functioning in the U.S., thirty-one pro- boron not commonly found in current drinking With so many disadvantages, who is pushing posed California projects are currently being water sources, existing drinking water treatment desalination? Industries such as membrane- studied.137 Desalination is still a technology in plants may not purify desalinated water effec- producers and electricity companies will make development. The largest projects in Tampa Bay tively. The costs associated with developing new millions of dollars off the new plants. Private and along the Colorado River have consistently treatment technologies, as well as high energy water companies and housing developers also run over budget and never reached full produc- costs, make desalination very expensive.140 stand to benefit from growth in coastal areas tion.138 Environmental and environmental justice that currently lack access to additional sources organizations are concerned about the impacts Many proposed desalination plants would be of imported water.143 Most proposed desalina- of desalination, which range from increased “co-located” next to older power plants in order tion plants would serve affluent communities

The Environmental Justice Coalition for Water 41 can increase California’s water supply at much lower costs to tax payers. The costs of desalina- tion run at least four times the cost of conserva- tion and twice that of water reuse. Water reuse options—treating brackish, or less salty, water

Department Resources of Water and using treated wastewater to its maximum potential—are cost-effective and efficient.144 Urban water conservation alone could account for over 30 percent of the state’s current urban water needs.145

Urban water conservation programs increase supply without building new infrastructure. The most effective conservation programs have been delivered by community-based organizations The Delta was once an expanse of in Marin County, the Monterey area, Cambria, that provide jobs and training within their own swampy islands crossed by the two major southern Orange County and northern San communities. Five such organizations affiliated rivers and countless muddy creeks. The Diego County. Many environmental justice ad- with the Los Angeles Conservation Council Delta islands were “reclaimed” from have exchanged more than 1.3 million toilets for the swamps when Chinese immigrant vocates argue that this “new” water will be used ultra-low flow models, employing hundreds of laborers used pumps to drain the land to fuel unsustainable suburban development that and built levees to hold back the water. prices out low-income communities and com- community members in the process. Now, after decades of farming the munities of color. islands, the ground has dropped up to In contrast, desalination plants along the Cali- thirty feet below sea level. The islands There are many cost-effective ways to ensure fornia coastline would fuel exclusive coastal are protected from the salt waters of the development and increase urban sprawl while San Francisco Bay by over 1,000 miles that all Californians receive safe, affordable setting a precedent for the privatization of the of aging levees. The Delta is the heart drinking water. One solution is to address water of California’s artificial water distribution management. As we show throughout this ocean itself. Neighboring low-income com- system. If the levees collapsed and salt report, California’s water problems do not stem munities and communities of color would bear water rushed in, the state and federal from a lack of water, but from its inequitable the brunt of the plants’ impacts while receiving water projects would be paralyzed. distribution. In addition, existing technologies none of their benefits.

42 Thirsty For Justice: A People’s Blueprint for California Water CHAPTER CONCLUSION vide expensive water for white suburbs, while inner-city and rural plumbing systems serving California’s water problems do not stem from low-income communities and people of color too little water, but rather from greed, racism, continue to corrode. As the federal government and exclusion. People of color were systemati- commits California’s water to fifty more years of cally excluded from the development of water cheap agricultural use, policy-makers and farm- policy, which was based on a system of water ers refuse to engage in meaningful discussions rights that would benefit the white elites’ eco- around agricultural conservation. nomic uses of water resources and support their agricultural empires. The racism of early white The history of California’s water development In Los Angeles, community settlers marginalized people of color, and both has set contemporary water management on a based organizations recycle racism and exclusion became institutionalized in continued course of discrimination and exclu- water-guzzling toilets and water policy. In urban areas, similar patterns of sion. Environmental injustices in California wa- install water efficient toilets, exclusion created areas of neglect and aban- ter policy will continue until water is managed creating local employment opportunities in the process. donment for low-income people and people of for the benefit of the public. color while providing white, elite interests with opportunities for economic growth.

Corporate agribusiness and real-estate develop- ers are becoming dangerously intertwined as farmlands are rapidly converted to unsustain- able suburban tract homes, siphoning water and other resources away from urban areas and small, rural communities, often at taxpayer expense. They have no incentive to implement cost-effective, efficient solutions to water supply challenges. The “solutions” that come from wa- ter industry insiders actually perpetuate patterns of environmental discrimination; desalination is a clear example of such a solution that will pro-

The Environmental Justice Coalition for Water 43 44 Thirsty For Justice: A People’s Blueprint for California Water CHAPTER 2: ENVIRONMENTAL INJUSTICES IN WATER GOVERNANCE california’s racist and exclusionary sions about their water resources. By high- water policy has resulted in a complicated, lighting some of the most glaring examples of fragmented system of water control and regu- community exclusion from water governance lation, or water governance. Water governance and detailing the barriers to public participa- refers to the control over and regulation of tion, we aim to compel regulatory agencies water quality and supply. The agencies that to make real changes in their programs and are charged with guaranteeing clean, afford- policies that will ensure the full participation able water to all Californians have failed to of all communities in the decisions that affect ensure true public participation in decision- their water resources. making and have not addressed community water needs.

This chapter untangles the complex web of public, quasi-public, and private organiza- tions that play a role in the management and regulation of water resources. While some agencies have adopted token environmental justice policies, regulatory bodies have proven incapable of including low-income communi- ties and communities of color in making deci-

The Environmental Justice Coalition for Water 45 2.1 Special districts have very broadly defined pow- water districts controlled by real-estate develop- WHO CONTROLS CALIFORNIA’S ers, including the authority to build projects ers and one corporation who are planning to 8 WATER TODAY? such as dams and canals and to tax people and use the water for suburban development. One property owners within the district to pay for small water district in Siskiyou County tried to Water Districts As Hidden Governments the projects. Autonomous boards of directors sell half a billion gallons of spring water to the govern more than half of these districts.6 multinational corporation Nestle without con- most californians are not aware that ducting an Environmental Impact Review. The there is a “hidden government” that controls In 2000, the Little Hoover Commission released deal has been slowed by a group of citizens who 9 their water.1 It is estimated that more than an in-depth study of special districts, which sued the district. 3,700 public and private agencies in California notes “policy-makers have expressed concern deal with some aspect of water supply, use, or about the proliferation and fragmentation of Elections in special districts have minimal treatment.2 Many of these are “special districts” local governments, including special districts. public input and participation. Anecdotal evi- —technically separate, local governments that In their eyes, California’s 58 counties, 474 cit- dence suggests that few people attend their local provide public services to particular areas.3 ies and more than 3,800 special districts are water service board meetings and have little evidence of an uncoordinated, unwieldy and understanding of how water districts function. 7 The different types of special districts range complex system of local government.” The lack The Little Hoover Commission’s analysis of from rural mutual water companies that admin- of accountability, public oversight, and public special district elections in Sacramento County ister a single well to the Metropolitan Water participation within special districts creates a showed that 43 percent of water and irrigation District of Southern California, which is a con- system of water governance that excludes most district board members were appointed. Voter sortium of 26 cities and water districts serving Californians. participation in open elections averaged only 11 10 almost 18 million people.4 They include public percent. utility districts, which provide services from Special districts are often invisible to the drinking water to sewage systems, and special public and policy-makers, compromising Districts have limited financial accountability. districts specifically created to supply irrigation oversight and reducing accountability. Water districts submit financial records only to water. There are twenty-three different types of Public Citizen’s report WaterHeist found that the State Controller, which hampers public and districts, local agencies, and entities identified in the Department of Water Resources transferred government oversight. Special districts have the California Water Code that have some re- responsibility for one of California’s largest lax accounting rules that allow inconsistent fee sponsibility for the provision of safe, affordable underground water storage facilities to the Kern and capital reporting. As a result, water districts water.5 For an overview of some of the different County Water Agency, who transferred it to have reported billions dollars in cash reserves, types of water districts, please see Appendix C. the Kern Water Bank Authority, a collection of unbeknownst to the public and many policy

46 Thirsty For Justice: A People’s Blueprint for California Water makers. In 1999, the Metropolitan Water Dis- Not everyone living within a district’s boundar- The only ones that trict of Southern California was found to have ies is a landowner, yet everyone is affected by can be on the board $4 billion dollars in reserve. These funds are the district’s actions. In some cases, communi- not factored into any public discussions of how ties subsidize these inequitable water gover- or serve in that to improve water service and infrastructure to nance structures. Irrigation districts may assess capacity are the customers, effectively “hiding” this money from fees, parcel taxes, and collect payments from public oversight.11 The public pays for water non-voting residents. Landowner districts do landowners. That’s service improvements through public bonds, not prioritize building infrastructure for uses one of the things that while these districts often have huge sums of that do not provide a direct economic benefit to stops a lot of people money they are unwilling to commit to public landowners. The federal Central Valley Project’s service provision. Friant Division provides surface water to over from presenting thirty-three water districts from Chowchilla to themselves at these Landowner Districts: Inherently Arvin. However, only three of these districts meetings. When Undemocratic Institutions actually provide potable water service to the communities within their borders. For example, somebody who is One type of special district exhibits particularly many residents in Strathmore, a small, pre- a water user in a flagrant governance and accountability problems: dominately Latino town in Tulare County, pay community stands the landowner district. In most landowner dis- monthly fees to the landowner-based Lindsay- tricts, votes are based on total acreage or assessed Strathmore Irrigation District. Instead of potable up to speak they are real estate. In irrigation districts, property owners drinking water, these residents receive unfil- knocked down by are entitled to one vote per $100 of assessed real tered canal water. The district claims it costs being asked if they’re estate value; and in water conservation districts, too much money to provide potable water to landowners receive one vote per acre. the community, even though drinking water is a landowner or not. presumably what people are paying for.12 Given the concentration of land in the hands —Graciela Martinez of a wealthy few throughout the Central Valley Proyecto Campesino and other agricultural regions of the state, many residents are completely excluded from partici- pating in the governance of their water district.

The Environmental Justice Coalition for Water 47 Deficient Water Governance water pumping, often for agricultural purposes, Water Privatization Threatens in California Groundwater has led to massive “overdraft” of groundwater Basic Access to Water supplies. Overdraft occurs when more water is In California, eight state agencies and over one pumped out of the ground than is replenished In recent years, financially strapped municipal thousand local and regional agencies play some by rainfall or runoff. California’s annual ground- governments have turned to the private sector— role in monitoring and protecting groundwater water overdraft is estimated at 1 and 2 million invariably large multinational corporations—for quality. California still lacks a comprehensive acre-feet. Overdraft results increased water the mammoth task of building and maintain- groundwater management system despite, or pumping costs, land subsidence, decreased ing water and sewage treatment infrastructure. perhaps due to, the many agencies involved in water quality, and environmental degradation, Armed with the dubious promise to bring water groundwater management. all of which interfere with other beneficial uses to the poor, and hefty loans from the World of water.15 Bank and the International Monetary Fund, According to the Water Education Foundation, competing water giants have pursued aggressive “…attempts over the years to adopt statewide Property owners may use and pollute ground- campaigns of municipal water and wastewater groundwater regulations have been vigorously water at will. The majority of groundwater is system takeover that generally include promises opposed by overlying landowners, particularly used in agriculture, and agricultural runoff is a to upgrade aging infrastructure, expand service agricultural interests and local water districts.”13 major source of groundwater pollution.16 networks and improve water quality.19 From the The de facto system for groundwater manage- direct takeover of the management of a water ment is the monopoly of property rights; the Legal adjudication is long and difficult. The system to the bottling of California spring water, right to build a well on a private property process that defines and quantifies the rights multinational corporations are increasingly is rarely challenged, despite the fact that 43 of all parties to a groundwater basin is often pushing into California’s waterscape.20 percent of Californians rely on groundwater for inaccessible to communities who are regularly drinking water. California is the largest user of underrepresented within the judicial system and “Privatization” refers to the transfer of all or groundwater in the nation, for both urban and face financial barriers to paying lawyers and parts of a public water system to private control. agricultural uses.114 court fees.17 While state and local governments have histori- cally failed to respond to the needs of Califor- There are several environmental injustices result- Groundwater regulation is not mandatory. nia’s low-income communities and communities ing from a lack of groundwater management: There is no way to ensure a county government of color, international examples suggest that will develop groundwater management plans, corporations will be more difficult to hold ac- There is no public discussion of what consti- especially if local corporate or landowner inter- countable. tutes “beneficial use.” Unregulated ground- ests oppose regulation.18

48 Thirsty For Justice: A People’s Blueprint for California Water Low-income communities and communities information in their computer systems, which of color have several areas of concern specific hampers agency oversight and monitoring of to the impacts of privatization and corporate their financial practices.24 As a result, customers control of local water districts: find it difficult to dispute mistakes in their bills, including charges for services not provided. Increased water prices and changing rate structures. Private water companies are legally Some of the poorest communities have already bound to generate profits for their sharehold- had their water supplies effectively privatized by ers. They thus have a mandate to charge higher being left out of the region’s water development. rates and fees to their customers in order to These communities rely disproportionately on ensure the desired profitability. vended water and bottled water. Many families spend their only day off from work driving to Irreversible loss of public capacity to provide fill up five-gallon water jugs at the nearest city water. When water systems are privatized, public supermarket. In this sense, much of California’s agencies may be unable to buy back the system water—supposedly a public trust—has been later, and may lose the skills and expertise need- privatized twice. ed to resume provision of water service if the Tom Price Tom 21 private system fails or performs inadequately. Concerns about privatization have led to a Stockton residents rally number of efforts, both in the U.S. and interna- before City Hall to demand Health impacts of discontinued service. tionally, to limit or outlaw corporate control of a city-wide referendum on Privatized water systems have a track record of water systems and services. In 2003, the city of privatization. discontinuing service to homes where people Atlanta, Georgia, cancelled a twenty year, $21 are unable to pay their water bills.22 The threat million dollar per year operation and mainte- to public health from this practice is significant nance agreement with United Water, which is and has motivated the United Kingdom to make owned by the multinational corporation Suez, it illegal to disconnect residential water service.23 after multiple complaints about operations and There are no such protections in California. management, maintenance, billing, and record- keeping. The city cited the company’s failure Limited accountability for billing and record to deliver on promised cost savings and to treat keeping. Private water companies are entitled to water and sewage adequately.25 refuse government agencies access to the billing

The Environmental Justice Coalition for Water 49 CASE STUDY

Environmental Justice Communities Fight When California American Water “Cal-Am…erred by not advising Company (Cal-Am), which is owned the community new rates were on Water Privatization by the multinational RWE-Thames, the way.”29 bought the town’s water system in All of a sudden we got a bill for over $100. Now our 2001, monthly bills soared from a In Monterey and throughout Cali- $21 flat rate to anywhere between fornia, Cal-Am has been engaged wages are pretty low. We earn $280, or at most $300 a $200 and $430. Local school offi- in a series of water system week. If we have to pay a water bill of $280, well that’s a cials were faced with a $2,753.13 acquisitions, district mergers monthly bill for providing water to and rate increases that ratepayer week during which we can’t eat, we won’t have money to three hundred students; previous advocates within the CPUC have buy food. bills averaged $185. found to be “patently unfair.”30 Cal-Am proposed a 34 percent —Rebecca Trujillo Private utility providers such as rate increase for the Monterey community member in Chualar26 Cal-Am, must prove to the CPUC Peninsula. The small town of that any rate increase or changes Felton, in the Santa Cruz Moun- in water districting are in the tains, has suffered such drastic On December 16th, 2004, six public’s best interest. Private price increases under Cal-Am that residents of Chualar, California utilities are also required to notify they are now involved in a lengthy stood before the California Public their customers of rate increases. legal process to buy back their Utilities Commission (CPUC) to Despite these presumed safe- water system. Residents in the tell commissioners that a private guards, the commission approved City of Thousand Oaks mobilized corporation’s water rate increases Cal-Am’s rate structure in 2001.28 city-wide opposition to a Cal-Am left many residents owing hun- district merger that gave them dreds of dollars in water bills. Cal-Am did not notify residents of less community control over their the rate changes, and bills were water system and received a rate Chualar, population 1440, is lo- sent out only in English. Custom- reduction.31 cated amidst lettuce fields in Mon- ers trying to complain about unex- terey County. The town’s residents pectedly high rates were directed Driven by this series of events, Tom Price Tom Communities rally to stop water privatization. are almost entirely Latino and to English-speaking customer Chualar residents traveled over include many monolingual Span- service representatives in Illinois. 150 miles to present community ish-speaking farm workers.27 More After community complaints and demands to the CPUC. Community than three-quarters of households media attention, Cal-Am Vice Presi- members testified about having qualify as low or very low-income. dent Steve Leonard acknowledged to choose between paying their

50 Thirsty For Justice: A People’s Blueprint for California Water CASE STUDY

water bill and providing food for their children. They demanded a rollback of water rates, an independent audit of the town’s water infrastructure, and bilingual customer service. Com- missioners, appalled at Cal-Am’s lack of oversight and the inappropriate rate structure imposed on Chualar, personally thanked community mem- bers for testifying.

As a result of community mobiliza- tion, Cal-Am reinstated the flat rate and agreed to develop a new rate structure with close supervision and involvement of both the CPUC and local community advocates.

However, the case of Chualar high- lights the vulnerable situation that many communities find themselves in when a private company buys their water system. Corporations such as Cal-Am have even less public accountability than municipal utilities, especially when their customers be- long to communities that have been traditionally left out of water policy decisions.

Kids who attend Chualar School play

next to agricultural fields. John Gibler

The Environmental Justice Coalition for Water 51 AN INTERNATIONAL ENVIRONMENTAL JUSTICE ISSUE

Water privatization Privatization of water is an interna- THE COCHABAMBA DECLARATION South Africa tional environmental justice issue that Issued on December 8, 2000 in In 1999, the South African government affects communities has prompted grassroots campaigns Cochabamba, Bolivia by residents initiated a series of privatization worldwide demanding equal access to safe, af- fighting water privatization projects in which water multinationals fordable water. Anti-privatization efforts such as Suez teamed up with in the U.S. have built alliances with and Farmers, workers, indigenous international agencies such as the What we need in South learned from the strategies of interna- people, students, professionals, World Bank to install pre-paid water Africa, indeed in the tional anti-privatization movements. environmentalists, educators, meters in poor, segregated townships nongovernmental organizations, whole world, is people- in several major cities. These meters Bolivia retired people, gather together charged residents up to 40 percent of driven government. Our In 2000, a diverse coalition of today in solidarity to combine their entire paycheck for water, and forces in the defense of the vital comrades in the USA residents responded to drastic rate shut off service when people could not increases as a result of multinational right to water. pay the exorbitant rates. Thousands should campaign against corporation Bechtel’s takeover of of people had to drink from polluted Water is a fundamental human right the U.S. government the city-run water system. After a rivers and lakes, and hundreds died in protracted general strike and popular and a public trust to be guarded by the resulting cholera outbreak.35 The putting pressure on uprising, the Bolivian government can- all levels of government, therefore, Anti-Privatization Forum, a grassroots poorer countries to celled Bechtel’s contract and amended it should not be commodified, group based in the townships, has Bolivian water law to treat water as a privatized or traded for commercial helped reroute plumbing, destroyed abandon the interests social good rather than a commodity.32 purposes. These rights must be pre-paid water meters, tampered with of their own people [in More recently, indigenous communities enshrined at all levels of govern- devices meant to reduce household outside of La Paz have protested a ment. In particular, an international water flows to a trickle, and demanded order to] make the big contract with French water giant Suez treaty must ensure these principles free water for all. As a result of the corporations richer. Lyonnaise des Eaux, which left many are noncontrovertable. grassroots pressure, the African residents in one of La Paz’s poorest National Congress adopted a policy 33 Water is best protected by local —Trevor Nganwe areas without access to water. In of providing free water, however, their communities and citizens who co-founder of the January 2005, residents blockaded a plan is inadequate to meet the basic Anti-Privatization Forum major road in La Paz and succeeded in must be respected as equal sanitation and drinking water needs forcing Bolivia’s president to cancel the partners with governments in the of millions of South Africans.36 The protection and regulation of water. contract with the company.34 Anti-Privatization Forum continues to Peoples of the earth are the only intensify its campaign to demand free vehicle to promote earth democ- water for all. racy and save water.”

52 Thirsty For Justice: A People’s Blueprint for California Water Small Communities Face Hidden Costs ties themselves,” Firestone points out. “These are disadvantaged communities that have to pay Many communities have been completely ex- for their basic utilities themselves without help cluded from California’s state and federal water from the surrounding communities that rely on projects. In the San Joaquin Valley, particularly their labor.” While users in small systems are re- Kern and Tulare Counties, many rural, low-in- quired to pay the full costs of water distribution come communities are served by small mutual and maintenance, according to the Rural Water water companies: private non-profit water Partnership Fund, “many small communities systems that are entirely investor owned and lack a fee structure that is adequate to gener- operated. In Tulare County alone, there are 363 ate the necessary operating revenues….The small community water systems with less than population is too small and average incomes are Small, unincorporated communities cannot 200 connections each.38 Many serve unincorpo- too low to provide sufficient revenue no matter connect to larger water systems and are left rated towns or mobile home parks, which grew what the fee structure.”39 without adequate water infrastructure. up after farm workers were prohibited from living in larger towns. Laurel Firestone, attor- Economies of scale makes water supply and ney for the Center on Race, Poverty and the treatment much more expensive for small Environment located in Delano, California notes mutual companies than for cities. Very small that “these towns have developed around labor water systems require 8 to 10 times as much Economies of scale is a term camps where there wasn’t any infrastructure…a capital per gallon of water as systems that used to describe how the cost of lot of these farm areas were previously farm serve over 50,000 people.40 A comprehensive developing or producing some- camps and laborers were not given running wa- water treatment system for a small town can thing can be distributed across require residents to pay three times as much as ter.” According to Firestone, the chronic lack of a large number of people. For 41 safe drinking water within small water systems residents in larger areas. An Environmental example, in an urban area, the has locked many communities into a cycle of Protection Agency survey found that 81 per- high costs of water treatment environmental injustice. cent of small community water systems require can be dispersed among many infrastructure replacement.42 Dilapidated pipes users, but in a small, rural town, “Low-income communities of color are very and old wells require maintenance and addi- the same costs will be dispersed close to cities where people are getting services, tional treatment costs that cannot be borne by among a much smaller number but just because of a line that was drawn in the most communities. of people, leading to higher past they have to finance all of the public utili- costs for each individual.

The Environmental Justice Coalition for Water 53 The lack of adequate financing and support and it is unacceptable for customers to continue very small systems have the highest number of for small mutual water systems places a heavy to contact our office directly.”44 drinking water standard violations and moni- burden on residents of towns like Tooleville, toring and reporting violations.47 Many rural, an unincorporated community of 250 people Lack of accountability is exacerbated by the primarily Latino communities in the Central in Eastern Tulare County. Tooleville’s small lack of training and support for water operators Valley continue to use their own resources to mutual water company operated two wells for and board members. Being a board member is a meet their basic human need for clean, afford- thirty years. High levels of nitrates were recently volunteer position, but a member is responsible able drinking water. found in the water. The water company lacks for three jobs: operation of wells, operation of resources to upgrade its treatment facilities, so a small business, and complying with extensive Small Communities residents buy bottled water for cooking and state and federal reporting requirements. As Face Funding Barriers drinking, which is an additional cost many resi- Anne Pivvey, Fairway Tract Water Company dents can barely afford.43 board member said, “We’re being required to Small communities continue to be left out of fulfill the same water test requirements that funding opportunities that would enable them Small mutual water companies are often more [large] water companies are being required to to address historic inequities in securing safe difficult to hold accountable even than water fulfill, without the funds to even hire anyone… and affordable water. Larger communities and districts. Small mutual water companies are part-time to take care of this…so we have to organizations with greater technical expertise, regulated under the Corporations Code and are remain volunteers and yet we’re being buried in financial resources, staffing, and political clout not subject to public utility regulation. Since work. And we all have jobs, and families to care receive the lion’s share of state-level funding for there is no way to ensure that user complaints of, and many other responsibilities.”45 water. Low-income, communities of color have are taken into consideration, residents are often been largely unable to obtain funds, due to the forced to turn to unresponsive government As drinking water regulations become more following barriers.48 agencies for help. After repeated complaints complex, more money, technical equipment, of about one system operator’s poor manage- and knowledge are required to comply with Information and understanding of state fund- ment and monitoring in the small Kern County new standards. A General Accounting Office ing programs: In general, most small com- town of Lake of the Woods, the Department national survey reported that, due to the grow- munities and community-based organizations of Health Services finally performed a sanitary ing number of federal regulations, it is “unre- lack accurate, timely, and accessible information inspection. They noted that “the Water Com- alistic to believe there will ever be sufficient about the state water funding. Information on pany’s customers need to be able to register resources to provide the amount of technical state funding programs is often only publi- complaints directly with the Water Company, and financial assistance needed to bring these cized on an agency’s website. Most application systems into compliance.”46 The result is that materials and information are only available in

54 Thirsty For Justice: A People’s Blueprint for California Water English. It is often difficult for a water district’s require even economically disadvantaged com- If you’re talking about volunteer board to determine whether its dis- munities to provide up to 25 percent matching assisting poorer trict is eligible for funding. funds for their projects. communities—and Limited grant funding and financing options: Many state funding programs require water a lot of farm worker The demand for funding far exceeds the total systems to prove that the households they serve communities are the amount of loan and grant monies available in meet certain median household income or the state and many deserving communities are population size requirements. If there is a dis- poorest communities— not able to compete. Loans can impose high pute between the applicant and the state agency you really need grant levels of debt on small water systems serving about whether certain criteria are met, the ap- money to do any serious low-income households, which may require the plicant is often required to conduct household board to increase water rates beyond customer’s surveys to verify the information. Many small work with improving ability to pay. Successful applicants face a con- organizations do not have the resources and water systems or else siderable time lag between applying for funding staffing to conduct these surveys. The fed- and actually receiving the money. eral government’s process for financing water good water and sewer projects is much simpler. However, there is a service is going to Complex application requirements: State negligible amount of federal money allocated to end up costing the and federal funding may require applicants to California for this purpose. conduct urban water management plans, cost- household a lot of benefit analyses, feasibility studies, engineering Staff capacity and technical expertise: money each month. reports and studies, and extensive environmen- Most small communities and community-based tal review under the California Environmental advocacy organizations that serve low-income —David Wilkinson Quality Act (CEQA) in order to satisfy existing communities and people of color lack adequate Mercy Housing state and federal laws. Most small communi- technical expertise to complete a funding ap- ties and community-based organizations lack plication and cannot afford to hire additional the up-front revenue, staff, and expertise to staff or consultants. Existing staff of small water meet these requirements. Water systems are systems generally lack the range and depth of sometimes required to meet specified technical, technical expertise required to conduct the engi- managerial and financial standards to show they neering, chemical, legal, economic, and environ- are qualified to receive funds. Some programs mental studies required for most applications.49

The Environmental Justice Coalition for Water 55 CASE STUDY

need for water projects. Large water The Coalition continues to advise the management districts and well-estab- agencies on how to address the needs lished non-profit organizations with paid of low-income communities in the grant-writers and engineers repeatedly grant guidelines for Prop 50 funding won the grants. programs. Because of the Coalition’s legislative advocacy and persistent The Coalition helped translate the input into all available public forums, resulting community demands into spe- in the spring of 2004 the California cific policy recommendations and leg- Department of Health Services set islative language, and in 2003 worked aside a total of $100 million of Prop with state legislators to incorporate the 50 funding for drinking water quality following environental justice demands projects specifically for “disadvantaged into the assembly bill (AB 1747) that communities.” allocated Proposition 50 funds:

• “Disadvantaged communities” are defined as communities whose Removing Barriers and bays, and protect water supply annual median household income is from “terrorist threats.” less than 80 percent of the state- to Water Funds wide median. After the bond’s passage the Envi- • A “small community” is defined as hav- In November 2002, California voters ronmental Justice Coalition for Water ing no more than 3,000 water users approved a ballot measure known as (Coalition) worked to force open a or 1,000 water service connections. Proposition 50. This proposition autho- closed door in California water bond rized the state of California to use tax funding. Through a series of regional • Competitive grant criteria give dollars to fund a $3.44 billion dollar workshops with environmental, health, preference to disadvantaged com- water bond to provide California with a social justice, and community advo- munities, with priority given to the safe, reliable supply of clean drink- cacy groups working on water issues most economically disadvantaged ing water; create new water supplies we learned that although recent water communities. to keep up with population growth; bonds created large “competitive • Small community water systems remove dangerous pollutants from grants” for water projects, most funds and community-based organizations drinking water; protect rivers, lakes, did not reach the low-income, com- may be excused from matching streams, coastal wetlands, beaches, munities of color with the greatest funds requirements.

56 Thirsty For Justice: A People’s Blueprint for California Water 100% 100%

80% 80%

62% 60% 60% 51% 45% 41% Disparities in Access to Safe 40%Drinking Water40% 25% Many low-income communities and communities of color lack acce20% ss to safe drinking water.20% In California,16% counties with

0% 0% the highest rates of drinking water violations are also counties with high ratess of poverty and people of color. These same counties are typically reliant on ground water sources. ions All others All others

Most violationsLeast violation Most violationsLeast violat Number of Percent of surface people100% 12,000 10,978 100% 100% and ground of color 10,000 80% 80% 80% Modoc 100% water 100% in California 8,000 Shasta 60% 62% violations 6,826 counties with 60% 60% Glenn Lassen 80% 80% 51% in California 6,000 45% the most40% 41% Butte 62% 40% 40% 60% counties with the 60%4,000 and least Colusa Most violations 51% 25% 45% 20% 17% Sierra Least violations most and the 41% 12% 20% 20% 16% 40% 2,000 drinking water 11% Sonoma 40% Other Counties 510 least drinking 25% violations.0% Marin Alpine 0 s 0% 0% 20% 20% 16% s San water violations. ions All others Francisco t violation All others San Joaquin 0% 0% All others All others s Most violations Leas Most violations Alameda Most violationsLeast violationsions Least violation Most violationsLeast violat

Fresno All others All others

Most violations 100% Least violation Most violationsLeast violat 12,000 10,978 Monterey Tulare Percent of Percent of 10,000 80% 100% 100% 12,000San Bernardino 100% 10,978 people Latinos 8,000 in California 60% 10,000 living 80% 80% 6,826 Kern 80% below the counties with 6,000 8,000 62% 40% 6,826 60% 60% 60% poverty line the51% most 4,000 45% Los 6,000 41% 20% 17% in California 40% 40% and least 40% 12% 11% Angeles 2,000 4,000 counties with drinking water 510 25% 0% 20% 17% 20% 20%0 16% s 2,000 the most and 12% 11% violations. Riverside 510 violation All others least drinking 0% 0% 0% All others t 0 s s ions Most violationsLeas water violations. Most violationsLeast violations violation All others All others All others All others t California counties with the most and least Most violationsLeas Most violationsLeast violation Most violationsLeast violat Most violationsLeast violations drinking water violations, 1995–2000. 100% 12,000 10,978

10,000 80%

8,000 60% The EnvironmentalEnvironmental6,826 Justice Justice Coalition Coalition for for Water Water 57 6,000 40% 4,000 20% 17% 2,000 12% 11% 510 0% 0 s

violation All others All others t Most violationsLeas Most violationsLeast violations Low-Income, People of Color Shut-Out of Benefits from Water Projects Many communities are excluded imported water to agribusinesses. from the agricultural wealth Many low-income communities produced in the Central Valley. The and communities of color do not federal and state water districts in benefit from these water deliveries Kings, Tulare and Kern Counties or wealth. all deliver large amounts of

Poverty rates in counties that receive large amounts of publicly- Populations of people of color in counties that receive large subsidized federal and state water amounts of publicly-subsidized federal and state water

Kings County Kings County

Tulare County Tulare County

Kern County Kern County

Federal Water Districts Federal Water Districts

State Water Districts State Water Districts % People of Color % Below Poverty Level 0-9.9% 0-9.9% San Luis San Luis 10-19.9% 10-19.9% 20-29.9% Obispo 20-29.9% Obispo 30-39.9% 30-39.9% County County >=40% >=40%

Source: 2000 Census of Population and Housing Summary File 3, Table P87 – Poverty Status in 1999 by Age. Source: 2000 Census of Population and Housing Summary File 3, Table P7 - Hispanic or Latino Population by Race.

58 Thirsty For Justice: A People’s Blueprint for California Water Toxic Contamination and Popular Fishing Spot PCB or Mercury Fishing Spots in San Francisco Bay contaminated water bodies

Many low-income in the San Francisco Bay Solano communities and are contaminated with Vallejo Shoreline Marin San Pablo Bay & Marina communities of color lack PCBs or mercury, leading access to clean fish that to increased health risks are an essential part of for communities of color Martinez Pier McNear’s Beach their daily diet. People of who depend on local Point Pinole Regional Park color regularly consume sources of fish. Loch Lomond Marina Point San Pablo Yacht Harbor fish, both out of economic

Contra Costa necessity and cultural Richmond Marina traditions. Almost all of the common fishing spots Berkeley Pier

Fort Baker Pier Emeryville Marina

Fort Point Pier Port View Park Ethnicity of anglers eating fish above and below SF Municipal Pier San & Fisherman’s Alameda Rock Wall health advisory in San Francisco Bay Area Francisco Wharf Pacific Ocean

% San Leandro Marina Candlestick Point

1% Oyster Point San Francisco Bay

Marina Alameda

2% Missing 3%

Other Other 3% Missing Other Other African American 12 African American 10% 14% Latino 10% Asian 26 Latino % Coyote Point

Caucasian 24% Caucasian 46% 49% San Mateo Asian Above advisory Below advisory Dumbarton Bridge Pier consumers consumers

Sources: San Francisco Estuary Institute, San Francisco Bay Seafood Consumption Study (2001) and the Clean Water Act Section 303(d) list of impaired water bodies (2003).

The Environmental Justice Coalition for Water 59 Disparities in Access to Clean Water Many low-income communities and communities of color lack Los Angeles San Bernardino access to clean, safe water County County bodies. In the Los Angeles region, the most severely contaminated water bodies are located primarily in communities of color.

San Bernardino Los Angeles Los Angeles River County County

Waterways Listed as Impaired Under Total Los Angeles Maximum Daily Load River Riverside Regulatory Process Orange (TMDL): County County

–— High –— Medium Riverside –— Low Orange County County % People of color

0-9.9% 10-19.9% 20-29.9% San Diego 30-39.9% County >=40%

Sources: The Clean Water Act Section 303(d) list of impaired water bodies; U.S. Census 2000. San Diego County

60 Thirsty For Justice: A People’s Blueprint for California Water 2.2 The current public involvement guidelines for The people who are BARRIERS TO COMMUNITY state agencies assume all members of the public: using the water don’t PARTICIPATION IN WATER POLICY • Can speak, read and write English fluently; control the water. the agencies responsible for ensuring • Can afford to miss a day of work to be pres- We are paying all ent at meetings held during weekday hours; community participation in water policy exac- over the place but erbate many of the problems of accountability • Can drive to meetings or pay to travel to and confusion that the water governance system meetings hundreds of miles from home; we have no say-so in perpetuates. Water agencies and institutions do • Can afford to pay for childcare and so do not how the water is kept need childcare services at meetings; not commit the resources, staffing and time to clean. We are treated meaningfully engage community groups and • Have access to a computer and the internet bring affected constituencies into the decision- to receive public notices and announcements; with total disdain. making process. • Have the volunteer capacity and technical When you go to ask a skill to review and comment on documents question about your Community Voices Excluded by deadlines; • Have the volunteer capacity and technical water, they are so Local and state requirements for public hear- skill to submit complex grant applications by disrespectful … ings, comment periods, and public notice often deadlines. it’s so undemocratic. fail to engage low-income, communities of col- or. Even when agencies try to follow minimum Many Californians are prevented from partici- —Felipe Aguirre standards for public review and involvement pating in water management decisions affecting Comite Pro Uno assumptions about the capacity and resources of their communities because agencies work under “the public” fail to account for the needs of low- these false assumptions. Without a place at the income communities and communities of color table, low-income communities and communi- in California. These patterns are perpetuated ties of color are denied access to important deci- by a pervasive lack of representation of people sion-making opportunities that affect their water of color within water agencies. For example, of supplies, the regulations that protect water the eighty-six members of the Regional Water quality and quantity, and sources of funding to Quality Control Boards, only three are people improve local water infrastructure. of color.50

The Environmental Justice Coalition for Water 61 CASE STUDY

Alpaugh Joint Powers Non-Profit Organizations Small water systems’ most effective Authority board member, strategy for building long-term capacity Sandra Meraz, points Help Small Communities and successfully applying for state out the old netting and Access State Water Funds funding has been to take advantage rusted bolts covering the of the one-on-one technical assistance community’s unsealed provided by organizations such as Self- drinking water well. Help Enterprises and Rural Community Assistance Corporation. These interme- diaries provide a range of technical assistance to small water systems, including:

• identifying and securing consul- tants to provide the engineering, economic, and environmental stud- ies required for system operation and funding applications;

• teaching management and admin- istrative skills required to operate water systems;

• providing grant-writing and fundrais- ing advice and support;

• assisting with organizational and board development; and

• being a trusted “go-between” in interactions with state regulatory and funding agencies.

John Gibler

62 Thirsty For Justice: A People’s Blueprint for California Water Language, Technology, and Security munities of color. In order to cut costs, agencies When you have have digitized documents for public review, an overtaxed According to the 2000 U.S. Census, 39 percent meeting notices and agendas, and funding of Californians do not speak English at home.51 announcements. In 2004, the Department of community, it California has 12.4 million non-English speak- Health Services solicited applications for their is very difficult Proposition 50 Drinking Water grant program ers; more than twice the number of any other to go to all the state.52 However, most public meetings on water by distributing CD-ROM applications or asking policy are advertised and conducted in Eng- applicants to download an electronic applica- meetings that they lish, with limited translation or interpretation. tion from a website. Applicants from disad- need to be heard The technology exists to provide simultaneous vantaged communities also had to use the U.S. and survive. It is translation to non-English speakers within large Census website in a complex eight-step process public meetings in an unobtrusive way through to prove that they were in fact eligible.53 Many so overwhelming digital radio frequency technology. Fresno Met- applicants turned to non-profit rural assistance to try to learn ro Ministry, a community-based organization in organizations like Self-Help Enterprises and environmental law the Central Valley, uses this translation service Rural Community Assistance Corporation for to allow Spanish-speakers from their New Lead- help with these challenging, exclusionary grant and why should ers for Better Health program to participate applications. we have to? in environmental health policy meetings. The California water policy is often discussed in Asian Pacific Environmental Network has also —Sharon Fuller successfully used translation services to facilitate overly technical and legal jargon—essentially a Executive Director, the participation of Laotian community lead- specialized language—that requires a background Ma’at Youth Academy ers from Richmond in Cal/EPA environmental in science, engineering, or water law to inter- justice hearings. Despite the opportunity for pret. Even many English speakers are unable to greater public inclusion, few agencies are willing understand the basic context of water-related to commit funds towards translation equipment debates. or services. For example, the CALFED describes the pro- Though modern technology can serve as a tool cess of guaranteeing “equivalent level of public to enhance public participation, it can also be a health protection” for drinking water with a barrier to low-income communities and com- series of acronyms and technical terms that

The Environmental Justice Coalition for Water 63 make it extremely difficult for the lay person to of environmental justices.”56 When it was cre- • Initiate outreach efforts as early as pos- participate in and inform these discussions.54 ated in 2001, it contained only two seats for sible in the decision-making process, before community members. After African-American significant resources have been invested in a Intimidating agency formalities and cul- community groups and Native American tribes particular outcome; tural insensitivity often discourage or prevent complained about their lack of representation, low-income people and people of color from four more seats were added to the committee, • When environmental decisions directly affect participating in public meetings. Many public two of which were reserved for communities a local community, hold meetings and work- state level policy meetings and hearings are held of color. After a two-year process, the commit- shops at times and locations that are conve- in the State Capitol and other high-security tee produced recommendations detailing how nient for community members to attend; buildings. Visitors must obtain a visitor pass, to “…ensure meaningful public participation pass through a metal detector, and may be and promote community capacity building to • Provide adequate translation or interpretation required to show a driver’s license, which can allow communities to be effective participants services of documents and public meetings; exclude members of immigrant communities in environmental decision-making processes.”57 who cannot obtain California drivers’ licenses. According to committee member and West • Complete the “plain, straightforward lan- CALFED meetings are held in a high-security County Toxics Coalition director Dr. Henry guage” description of how to navigate federal building shared by the Immigration and Clark, “it was a long, drawn-out process. Indus- California’s complex regulatory process; Naturalization Service. Security guards have re- try related interests tried to minimize commu- peatedly misdirected participants of color to the nity residents input and knowledge. It was only • Identify opportunities to provide grants and Immigration and Naturalization Service instead the consistent advocacy of community members technical assistance to communities and of CALFED Environmental Justice meetings.55 and environmental justice advocates who came elected officials to enhance their knowledge to testify and reiterate the whole process needs and understanding of environmental issues Incorporating Meaningful Participation to start with the community people that made it and governmental processes; into Agency Processes a success.”58 • Explore ways to assist stakeholders in re- Following a legislative mandate, Cal/EPA Examples of Recommendations of the Cal/EPA viewing technical documents related to envi- created an Advisory Committee on Environ- Advisory Committee on Environmental Justice ronmental decisions affecting their communi- mental Justice to help the agency develop to the Cal/EPA Interagency Working Group on ties, such as by providing access to technical “an agency-wide strategy for identifying and Environmental Justice:59 experts through local colleges or universities. addressing gaps in existing programs, policies or activities that may impede the achievement

64 Thirsty For Justice: A People’s Blueprint for California Water At the federal level, the EPA and the National Actions Speak Louder Than Words: Nobody is doing Environmental Justice Advisory Council pub- Implementing Environmental Justice nothing for the people. lished “The Model Plan for Public Participation” in 1996.60 Similar to the Cal/EPA Environmen- The Environmental Justice Coalition for Water’s People sit around tal Justice Recommendations, this document work within CALFED is an example of the making decisions for trains agency staff on how to better reach out to continuing struggle to hold agencies account- all the children and all environmental justice communities and suggests able to environmental justice principles. The thirty-five ways to improve public involvement. CALFED Record of Decision clearly states a the senior citizens that Almost ten years later, California agencies like commitment to Environmental Justice. How- can’t walk, can’t get the State Water Resources Control Board and ever, the CALFED Environmental Justice their water. We still the Department of Water Resource claim they Subcommittee, convened in February 2002, con- cannot commit the money necessary to imple- tinues to receive significantly less funding than don’t have pipelines, ment these worthwhile environmental justice other subcommittees.62 As LaDonna Williams, no well, no money, recommendations.61 a community member and director of People just nothing but tears for Children’s Health and Environmental Justice While many of the Cal/EPA recommendations testified at a CALFED finance hearing, “Direc- and fears. Tears come for meaningful public participation directly ad- tors have already made the decisions about from not being able dress the agency assumptions we identify, the where the big money gets spent in CALFED, document is virtually unknown outside the en- and we are standing here holding out our hands to pay your water vironmental justice movement. Many state and hoping to get some crumbs. This is not a real bill—they’re going to local elected officials as well as local water agen- commitment to environmental justice.” Though come turn it off. The cies have no mandate to improve existing public several environmental justice groups have involvement. Even when guidelines are clearly received grants from CALFED, these victories fear comes from your written and training is provided, water agencies are overshadowed by the agency’s continued children, ‘how are we and institutions fail to commit the resources, reluctance to elevate environmental justice to going to survive?’ staffing, or time to bring affected communities equal footing with other program areas. into the decision-making process. —Sandra Meraz For example, the 2004 CALFED Annual Report Committee for states that one of its program accomplishments a Better Alpaugh was conducting an “Extensive Environmental

The Environmental Justice Coalition for Water 65 Coalition for Water requested a fee waiver and transportation stipends for community members to attend, CALFED refused. The registration fee was waived only after community members adamantly advocated for community presence at the conference. Community members found the panel session to be a hostile environment and were criticized for questioning CALFED’s commitment to environmental justice.

Who Bears the Burden of Proof?

At the heart of environmental injustice is the absence of comprehensive data about the disproportionate exposure of low-income com- munities and communities of color to water contaminants and infrastructure problems. Many communities do not know that their water is unsafe for consumption or that their Community members and activists Justice Special Session” at the October 2004 infrastructure is in need of repair until they protest agricultural waivers. CALFED Science Conference with guest speak- experience severe problems. A Department of ers covering issues such as advocacy and science Water Resources report notes the difficulty of pertaining to mercury and fish consumption.63 arriving at reliable estimates of how many Cali- The panel fell short of community expectations. fornians lack a safe water supply, in part because The one afternoon session regarding environ- the Census Bureau dropped its “source of water” mental justice was buried in five full weekdays and “sewage disposal” questions from the 2000 of multiple panels on technical water issues. The census.64 The overwhelmingly complex col- conference, held in Sacramento, required a reg- lection of federal, state, county, municipal, and istration fee of $165 dollars, though it did offer a regional agencies with some jurisdiction over “student rate.” When the Environmental Justice water distribution and quality adds to the dif-

66 Thirsty For Justice: A People’s Blueprint for California Water CASE STUDY

Agricultural Pollution More than 635 miles of rivers and EPA recognized that agricultural ity lacked resources to remain in streams in the Central Valley are runoff contributes to the pollution Sacramento overnight. In contrast, Exemption Hearings so polluted with agricultural runoff of every significant waterway in the most agricultural representatives Prevent Meaningful that they are unsafe for fishing, Central Valley.72 lived in or near Sacramento. The swimming, and drinking.70 Farm next day, against the advice of Public Participation runoff that reaches the Sacramento In July 2003, the Central Valley staff, scientific experts, and public River, the San Joaquin River, and Regional Water Quality Control interest lawyers, the board adopted El Comite para el Bienestar de the Delta contaminates surface and Board held public hearings about a new exemption. Earlimart got two van loads of drinking water supplies for millions renewing the agricultural exemp- people to go to Sacramento for of Californians in the Central Valley, tion, since the 1982 waiver had The issue of agricultural discharge these waiver hearings. The Comite the San Francisco Bay Area, and recently expired. The Clean Farms, waivers brings environmental is really good about providing Southern California. In 2000, the Clean Water Coalition brought 150 injustice to the forefront. The new stipends for people’s time. I used to Department of Pesticide Regula- community and public-interest waiver allowed agricultural dis- go for nothing. I used to dig up the tion detected pesticides in over 96 representatives to the Sacramento chargers to continue to circumvent change from my purse. But people percent of the Central Valley water hearing to advocate for stronger clean water laws. The hearing pro- need money to take time off from sources it tested. At over half of regulations of agricultural dis- cess denied community members work to go these hearings. these locations, pesticide levels charges. The board informed the meaningful and fair participation in the water exceeded safe levels public that it would set time limits in a decision that affected their Industry and lobbyists had their for aquatic life and drinking water on public comment to ensure that environmental health. The regional way with the water resources board. consumption.71 all perspectives would be heard. board is mandated to protect “the Agriculture and industry could quality of the waters within the Cen- dominate the meeting. My friend Despite this record, agricultural On the day of the hearing, the tral Valley Region for all beneficial had stayed all day long she but still operators in California do not have Board failed to manage time uses.” Instead, the board chose didn’t get to give public comment. to comply with water quality limits for agricultural representa- to protect agriculture’s financial Comment was rescheduled to the regulations. Since 1982, the State tives, denying the public – whose interests at the expense of water next day and she couldn’t wait that Water Resources Control Board testimony was the last item on the quality, and continued to neglect night – she was pretty disgusted. has exempted agricultural entities day’s agenda – the opportunity to the concerns of people in and We sat on the ground. We had kids. from the reporting and permitting provide comment. Many community outside of the Central Valley who None of those white men got up and requirements of state clean water members, who represented com- face ongoing threats to health and gave us their seat. laws. What makes this policy so munities directly impacted by ag- safety from highly polluted water. startling is that the board exempted ricultural runoff, had traveled from —Teresa De Anda, Committee agricultural dischargers even as far as Los Angeles, Delano, for the Well-Being of Earlimart though state regulators and the Fresno, and Bakersfield. The major-

The Environmental Justice Coalition for Water 67 ficulty of assembling and reviewing information ent refused to incorporate environmental justice turing plant in Richmond, oversight responsi- about which communities lack safe, clean water. studies or guidelines into the CALFED drinking bility was shifted among four state and federal water program without this proof.66 agencies while a private company cleaned up In order for agencies to understand and address the site. Sherry Padgett, a resident who devel- the water and related health and economic Water Agencies Lack oped several forms of cancer as a result of the problems that environmental justice communi- Public Accountability hazardous material left at the site, testified ties experience, they must have detailed data about race, income, and water quality. The EPA The general public and community leaders are The community has actively been trying reports that for “diseases that are known to have typically invited to the decision-making table to to get the attention of the San Francisco environmental causes, data are not typically dis- endorse decisions that have already been made, Regional Water Quality Board since aggregated by race and socioeconomic group” or after much of the planning, analysis, and dis- March 2004. We have asked hundreds of and that “environmental and health data are not cussions have taken place, or never at all. Many very appropriate questions, which have routinely collected and analyzed by income and water-related decisions are still made behind gone unanswered. We wrote three formal race. Nor are data routinely collected on health closed doors. In 2004, a major agreement that letters outlining our concerns. We met risks posed by multiple industrial facilities, cu- allows increased water exports from the San with representatives of the Water Board mulative and synergistic effects, or multiple and Joaquin Delta was reached at a meeting between who were…ill equipped to deal with different pathways of exposure.”65 powerful water agencies and districts in Napa public inquiry. They are not structured to County. The Environmental Water Caucus, a monitor a hazardous site as complex and As a result of these information gaps, agen- coalition that monitors water policy in Califor- lethal as the Zeneca site cleanup.68 cies avoid their responsibility for addressing nia, found that “the public was excluded from California’s unequal distribution of water and the recent ‘deal’ reached in Napa among major It was only after community members demand- the adverse impacts of water contaminants. In water-using interests. Consequently, key issues ed a clear regulatory process that oversight for February 2004, the CALFED Drinking Water of public health, good government, finance, and the clean up was handed over to the proper Subcommittee refused to take action on any environmental protection were not addressed.”67 agency.69 environmental justice programs until scientific studies—presumably funded by the community Because multiple agencies are responsible for members and non-profit organizations pres- water planning and management, agencies often ent—documented how contaminated drinking evade responsibility for upholding water quality water affects low-income, communities of color. and public health standards. At biotechnology The scientists and agency representatives pres- giant Astra Zeneca’s former chemical manufac-

68 Thirsty For Justice: A People’s Blueprint for California Water C HAPTER C ONCLUSION since the time of colonization and settlement in California, low-income communities and commu- nities of color have been prevented from controlling their water resources. The confusing web of water districts, agencies, and corporations that currently controls water exacerbate this historical injustice. The continued existence of landowner-based water districts and elections based on property ownership perpetu- ates exclusion and exploitation; landowner districts’ powerful role in water policy is a stark reminder of the continuing power institutionalized discrimination.

Recent changes in water governance have failed to ad- dress the needs of some of California’s most excluded communities. The failure of agencies to include all people in decision-making is a manifestation of con- tinuing institutionalized racism. Even though Califor- Cleo Woelfle-Erskine nia water agencies have adopted environmental justice Bayview Hunters Point high school students restoring local wetlands at proclamations on paper, discrimination and exclusion Heron’s Head Park in San Francisco persist. The excuses that agencies lack the time, staff, and funding to incorporate meaningful community participation and outreach sound hollow as millions of dollars finance dam-expansion studies and water districts continue to operate with untold millions in reserve. Water justice requires a participatory system of water governance and new forms of management and regulation that are truly community-based.

The Environmental Justice Coalition for Water 69 70 Thirsty For Justice: A People’s Blueprint for California Water CHAPTER 3: THE CONTINUING STRUGGLE FOR WATER JUSTICE the historical injustices embedded ter and experience a wide range of health in the development of California’s water in- problems as a result. California’s low-income frastructure combined with regulatory agen- communities and communities of color cies’ exclusionary policies have profound and experience watershed-level injustices ranging widespread effects on communities of color from the destruction of salmon runs to loss and low-income communities. of access to ceremonial springs to mercury contamination of fish to overflows of raw The case studies presented throughout the sewage that pollute beaches and swimming report, while not a comprehensive survey, places. This chapter highlights some current establish a pattern of water injustices. Mil- grassroots campaigns focused on improving lions of people—largely from low income local conditions and building a movement communities and communities of color—rely for water justice. on contaminated sources of drinking wa-

The Environmental Justice Coalition for Water 71 3.1 necessary to remove harmful substances from Farm workers have a long-term CAUSES AND EFFECTS public drinking water supplies, many MCLs interest in securing clean and OF DRINKING WATER allow contaminants to be present in water at safe drinking water, both on the levels that are above what science has deter- job and [for] their residences. CONTAMINATION mined to be safe. Sustaining an adequate supply of clean drinking water in the the lack of access to quality water communities where farm work- resources and exclusion from water decision In addition, the regulatory process does not take ers live and work is paramount making has resulted in the disproportionate into account the full range of contaminants that to the health and safety of farm exposure of people of color and low-income communities of color and low-income com- workers and their families. communities to contaminated drinking water. munities are exposed to, nor the cumulative Decisions that impact workers A lack of strong drinking water regulations, and overall health effects caused by exposure to 1 are made by water boards, local poor of enforcement of what little regulation multiple contaminants. Nor does the process and state, and the California exists, and dilapidated infrastructure expose take into account the health effects that con- Assembly, [and] numerous low-income communities of color to drinking taminants have on vulnerable populations, such factors threaten the current water contaminants. as women and children. This may soon change, water supply for agricultural and as legislation passed in 2004 will require that residential use, including: sea- drinking water standards be established based water intrusion into the aquifers, Weak Drinking Water Regulations on the health effects on children.2 caused primarily by agricultural and Lack of Enforcement pumping from the groundwater basin; nitrate pollution of ground- Existing drinking water standards are not always Pesticides, for example, are virtually unregu- water basins, cause primarily by truly protective of the public’s health. The state lated in drinking water. About one-third of the infiltration of high-nitrate fertil- Department of Health Services sets drinking more than 600 pesticides used in California are izers, and pesticide pollution of water standards, known as Maximum Contami- known to be toxic to humans, causing a variety both surface and groundwater. nant Levels, or MCLs, which describe the level of diseases ranging from immediate vomiting 3 of a given contaminant considered safe for hu- and skin rashes to cancer and birth defects. —United Farm Workers man consumption. The process of establishing Many pesticides are also known to contaminate Resolution # 16 these standards is flawed, for two reasons. Since rivers and groundwater. Yet only twenty-seven “Farm workers and water” 7 the Department of Health Services is under pesticides have an enforceable drinking water pressure to adopt MCLs that do not require standard, or MCL, that requires large water sup- water suppliers to make the expensive upgrades pliers to test and treat for the pesticide.

72 Thirsty For Justice: A People’s Blueprint for California Water According to a 1999 report by the Califor- have developmental disorders as a result of In Lindsay, Tulare County, farm workers pick nians for Pesticide Reform, the Department of pesticide exposure have sued manufacturers.6 oranges, cherries and other fruits in the surround- Health Services exempts small water suppliers ing fields. In a good month they’ll each make about from testing requirements for specific pesti- Farm workers—predominantly low-income $1000 dollars working from 6am to 3pm. In a bad cides if the supplier can establish that its water Latinos and immigrants—live in areas that are month they’ll make around $300. supply is not vulnerable to contamination ground zero in terms of high pesticide use John Giber None of them drink the tap water. When asked why by those pesticides. 96 percent of the water and drink water that is highly contaminated not, they all spoke out, saying: suppliers with no pesticide data are small with pesticides. In Fresno and Tulare Coun- rural water suppliers. The report contends ties, where large numbers of Latinos live, 69 “It tastes bad. It comes out of the faucet grey. that small suppliers “are at the highest risk of percent of domestic wells are contaminated It has a certain odor. It comes out of the faucet 8 pesticide contamination, as they are generally with pesticides. foamy. It is thick, oily.” Instead, they buy about ten close to areas of heavy pesticide application, gallons of vended water a week. draw their water from shallow aquifers, and Communities like Alpaugh in Tulare County are subject to less scrutiny than large water are dependent on trucked-in water donations. Mauricio said that San Joaquin Valley farm workers suppliers.”4 In Tooleville residents pour Clorox bleach always take a bottle or jug of water out to the directly into their well. Outside of Lindsay, fields with them. California’s inadequate pesticide regulations residents have to sign affidavits declaring that are poorly enforced. Pesticides have been they will use bottled water for drinking and “When I run out of the water I take with me I have detected in 1,877 water bodies, which pro- cooking, because the water that flows through to drink what’s around, from the tap,” he said. “One can’t take it otherwise, it’s so hot” vide drinking water to 16.5 million people.5 residential pipes is clouded with nitrates and Though six hundred California water suppli- pesticide runoff dumped into the groundwater ers have found pesticides in their water, only by heavy industrial agriculture. forty possess the technology to test and treat pesticides. The pesticide DBCP (1,2-dibromo- Other threats to water quality, such as large 3-chloropane), a “recurring contaminant,” was dairy operations, are also poorly regulated. Residents fill up their banned in 1977. The cities of Fresno, Riverside The Central Valley Regional Water Quality jugs with drinking water and Bakersfield have all detected the toxin Control Board, which is supposed to ensure at a donated water tank within the past ten years. In the 1980s, Fresno that dairies’ wastewater discharge does not in the small town of municipal wells were closed due to contami- exceed legal limits, has only seven staff to reg- Alpaugh, Tulare County. nation; in Bakersfield, parents of children who ulate seventeen hundred animal facilities. The

The Environmental Justice Coalition for Water 73 CASE STUDY

Drinking Rocket On January 22, 2005, over one hun- ly low-income communities of Fontana, standard of 1 part per billion (ppb). dred people gathered at Fontana City Rialto, Glen Avon and Mira Loma, Studies financed by the Air Force and Fuel and the Failure Hall to express concern over the health where some of the largest plumes weapons manufacturers, however, of Public Health impacts of perchlorate. This chemical in the nation were found. Twenty-two recommend standards as high as has been found in local drinking water, drinking water wells in the San Berna- 200 ppb.17 Under defense depart- Standards milk, breast milk, and vegetables such dino County area have been shut down ment pressure, the EPA reassessed as lettuce. The public gathering kicked or had their use restricted because of perchlorate’s public health risks, and Because perchlorate off a campaign led by the Center for high perchlorate levels.13 Davin Diaz, announced a drinking water “safety Community Action and Environmental Community Task Force Coordinator for standard” of 24.5 ppb.18 In 2004, the contamination is so Justice to ensure that California’s the Center, sees a pattern of injustice California Environmental Protection widespread in my recently proposed standards for the in perchlorate contamination. “Where Agency (Cal/EPA) announced a public community, my children chemical are truly protective of the the perchlorate is…the majority of health goal – the level of contaminant public’s health. African American, Latino and poor concentration that poses no risk if and grandchildren whites live,” he commented. “Rialto consumed over a lifetime – for perchlo- are at constant risk of Perchlorate —a salt used primarily and Bloomington are low-income areas. rate in drinking water. Though groups in rocket fuel—inhibits the proper Over half the population is Hispanic. I like the Center for Community Action exposure. Perchlorate functioning of the thyroid gland, an don’t think there is a perchlorate plume and Environmental Justice demanded has been found in epicenter for hormone production in Beverly Hills.”14 the original EPA finding be used to crucial to the body’s growth, develop- establish a public health goal of 1 ppb, our lettuce, milk, and ment, and metabolism. Perchlorate Perchlorate is a prime example of the Cal/EPA set the goal of 6 ppb. The recently in breast milk. is especially harmful for infants and Department of Defense’s (DOD) virtu- public health goal will be used to set pregnant women, and has been linked ally unregulated production and use of the maximum contaminant level, the Where can we turn for to cancer.11 The Air Force, NASA, and chemicals and hazardous materials. amount of perchlorate that is allowed clean water and food? defense contractors such as Lockheed For more than fifty years, perchlorate in drinking water. Martin and Aerojet use about 90 per- seeped into the ground with no reme- —Jan Misquez cent of the perchlorate manufactured diation or monitoring. The toxin has For the Center for Community Action resident of San Bernardino each year. In 1999, both corporations been found on at least thirty-four DOD and Environmental Justice, the perchlo- 15 and community organizer with were forced to undertake multi-mil- facilities nationwide; in California, rate standard exemplefies problems Center for Community Action and lion-dollar perchlorate clean-ups in San perchlorate contaminates 365 drinking with the entire drinking water regulato- Environmental Justice Bernardino and Sacramento Counties.12 water sources.16 ry system. The proposed public health goal fails to consider infant’s increased The Center has been fighting perchlo- In 2002, the Environmental Protection succeptability to drinking water rate contamination in the predominant- Agency set a provisional perchlorate contaminants, the cumulative impacts

74 Thirsty For Justice: A People’s Blueprint for California Water CASE STUDY

of perchlorate exposure through water, food and breast milk, and the mul- tiple ways people are exposed to the toxin. Setting public health goals and maximum contaminant levels can take several years to complete. Meanwhile, affected communities continue to be exposed to contaminated water.

The defense industry has lobbied aggressively to become exempt from a vast array of environmental regula- tions, including perchlorate enforce- ment, which the national Committee on Energy and Commerce says would result in “groundwater ‘sacrifice zones’ and higher ultimate cleanup costs for the DOD and taxpayers.”19 While the defense industry ammasses resources to block safe drinking water standards, low income, communities of color are left drinking the hazardous by-products of a flawed public health and drinking Perchlorate contamination is widespread in Riverside and San Bernardino Counties. water regulatory system.

The Environmental Justice Coalition for Water 75 Board itself has said it needs between 40 and Unregulated Groundwater: Drinking human-made contaminants, including MTBE, 100 staff to process permits and inspect facili- Water for Many Californians nitrates, and pesticides. Human-caused pollut- ties for compliance. This lack of oversight leads ants include agricultural runoff, septic systems, to increased water pollution. Heritage Dairy in Half of all Californians depend on ground- landfills, leaking underground storage tanks, Dixon spewed 1.3 million gallons of manure water for their drinking water supplies. More and industrial waste. The water in many wells, into tributaries of the Sacramento River in 2004 than 16,000 public drinking water systems in many of which serve low-income rural com- and again in 2005.9 In 2004, a Fish and Game California use wells to supply public water.20 In munities, is so contaminated it is unsafe for Department Inspector found that dairies had rural areas, groundwater supplies 95 percent of consumption. Many communities are unaware dumped three to four feet of wastewater onto drinking water.21 Because state and federal water of the extent of contamination because of poor the Buttonwillow Ecological Preserve.10 Dairy quality laws do not regulate discharges into the monitoring, complicated bureaucracies, and waste contains high rates of salts and nutrients, groundwater, groundwater is threatened by the lack of regulations protecting groundwater which leach into groundwater and lead to a many natural and man-made contaminants. quality.22 Throughout the San Joaquin Valley, host of health problems. In areas where many nitrate from chemical fertilizers, factory farming, low-income communities and communities of A 2001 report from the Natural Resources and septic systems pollutes drinking water wells. color rely on groundwater, this lax enforcement Defense Council highlights the problem of The United States Geological Survey found results in environmental injustice. groundwater contamination from natural and that nitrate contamination exceeded acceptable health levels in 30 to 40 percent of groundwa- ter samples. Often this contamination occurs in conjunction with pesticide contamination, worsening health effects.23

Urban residents, mainly in Southern California, receive some or all of their drinking water from groundwater that has been contaminated by years of industrial pollution.24 Leaking under- ground storage tanks—markers of former indus- trial manufacturing sites—have contaminated al- most 20,000 square miles of groundwater basins throughout the state. In 1998, the state found Alfonso Jaramillo 3,000 sites contaminated with MTBE—a known Groundwater aquifers are recharged in a process that can take thousands of years. Depletion, however, can happen in a few years.

76 Thirsty For Justice: A People’s Blueprint for California Water carcinogen—at levels above acceptable health groundwater resources is that there are many There is not adequate standards; 75 percent of these sites were located holes in the regulatory system,” the report financial planning in Southern California.25 The City of Santa notes. “Many sources of contaminants and Monica was forced to close municipal wells entire industries fall through the gaps in exist- for infrastructure that were contaminated with MTBE, which ing laws. Alternatively, laws may presumably replacement. Pipes had leaked from underground gasoline storage address these sources, but there is little or no are old, they’re in the tanks.26 Water agencies serving the San Gabriel implementation and no enforcement when they Valley recently approved a $320 million plan to are violated. Agricultural practices, for example, ground. I can think of try to clean up polluted groundwater.27 Given have traditionally received less regulation than one or two places that I the lock out of low-income, communities of any other major industry and source of contam- color from water management decisions, many ination. In some cases this lack of implementa- would sooner bring my community water-quality concerns go unheard tion is due to under-funding; in other cases it is own water than run a 30 by agencies, resulting in increased health risks. due to a lack of political will.” gamble of drinking the

Only recently has legislation addressed the Decaying Water water if I were visiting a pervasive lack of groundwater monitoring. Distribution Infrastructure friend. In 2001, Assembly Bill 599 passed, requiring that the State Water Resources Control Board Most of California’s urban water distribution in- —Nadine Felleto establish a comprehensive groundwater man- frastructure was built between fifty and seventy- Department of Health Services agement system and make its findings available five years ago.31 In the next two decades, many to the public.28 Other bills allow water agencies towns and cities will have to replace this aging and districts to develop voluntary groundwater infrastructure.32 A nationwide Environmental management plans.29 Despite these moves to Protection Agency survey found that distribu- increase regulation of groundwater, the NRDC tion pipes, water treatment plants, and intake report concludes that although the existing data structures are in need of repairs and upgrades reveal a widespread problem, the unreliability totaling more than $90 billion in order to deliver and inadequacy of existing data about ground- water that meets public health goals.33 The water quality collected by public agencies is American Society of Civil Engineers estimates equally problematic. “One reason the exist- that California’s drinking water infrastructure ing regulations have not adequately protected

The Environmental Justice Coalition for Water 77 Our tiny organization will require $17.5 billion in repairs over the next areas will receive the funds needed to ensure the 34 [Ma’at Youth Academy] twenty years. safety of their water distribution systems. is doing the job the Sewage and other contaminants can pollute One of the most successful state funding pro- regulatory agencies drinking water through cracks in pipes or stor- grams designed to address infrastructure repair age facilities; aging pipes are often made of lead in low-income communities is the Department are supposed to be or asbestos, which can leach into the water. of Water Resources’ Infrastructure Rehabilita- doing. There is a Poor water pressure caused by decaying water tion Program. Originally funded by Proposition discussion going on at infrastructure can also be a serious safety issue. 13 in 2000, the program funds the replacement Adequate water pressure is necessary to fight of leaking and failing water system components one level that doesn’t fires; in several cases homes in low-income in small and low-income communities. To date, move very quickly and communities have burned down because local this program has funded feasibility studies and there is the grassroots fire departments lacked adequate water pressure construction projects in nineteen communities, to put the fires out.35 an investment of over $50 million that has vastly organizing that is improved these water distribution systems. working tirelessly to Low-income communities, whether urban or remove people from rural, generally lack the tax base and overall The funds allocated to the Infrastructure Re- resources to construct, operate, and maintain habilitation Program from Proposition 13 have harm. water infrastructure. Inadequate and dilapidated been spent, and the program now lacks fund- infrastructure puts residents at greater risk of ing. Proposition 50, the most recent water bond —Sharon Fuller exposure to contaminants that threaten their approved by voters in 2002, did not contain Executive Director, health.36 As the need for infrastructure replace- specific language to fund this successful pro- Ma’at Youth Academy ment becomes more and more pressing, the gram. Environmental justice advocates are cur- costs will increasingly be borne by ratepayers. rently proposing that Proposition 50 funds be Low-income communities and small water made available for the program, but face agency systems will face greater burdens in terms of resistance.38 financing safe drinking water infrastructure.37 As resources continue to be funneled away from rural communities, it is unclear whether these

78 Thirsty For Justice: A People’s Blueprint for California Water CASE STUDY

Contaminated Raisin City, a community of 240 people Every one of the tested wells failed at and maintain the system. This is roughly in Fresno County, provides a clear least one of the State health standards 3.5% of the average Raisin City family’s Drinking Water example of the range of water quality for these contaminants, and most of income; well over the 1.5% affordability In Raisin City problems that many small, rural, low- the wells were contaminated by more factor recommended by EPA. income communities of color face. Ac- than one substance. An adequate There is a shortfall cording to the 2000 Census, people of supply of safe water exists 400 to 600 Raisin City’s experience mirrors that of color comprise about two-thirds of the feet below the ground, but none of many small, rural, low-income communi- of available funds for community’s population and the annual the residents can afford to drill wells ties in California’s Central Valley region. small water systems. median household income—$24,167 deeper than 250 feet.40 Without sufficient public funding to build Communities who from census data and $16,000 by community water systems, local resi- qualify for funds never community survey results—is one of In response to these findings, commu- dents must choose between two highly the lowest in Fresno County.39 nity members began to seek federal, undesirable options: bottled water that receive money because state, and county assistance to develop is prohibitively expensive and affordable it’s just not there. Raisin City does not have its own water a community water system, with at least water that is severely contaminated. Communities have been or sewage system and is too isolated one well deep enough to provide safe placed on the priority to connect to a neighboring communi- water for the entire community. ty’s water system. Instead, each house- list for grants because hold has a private well and septic tank; County and state funding has been of their water problems residents worry that leaking septic dedicated to the project, which is now only to see the funding tanks may be contaminating wells and in the design phase. To date, no funding evaporate. causing gastrointestinal illnesses. Self- has been secured to extend water lines Help Enterprises, a nonprofit organiza- to households in the surrounding areas. tion that assists San Joaquin Valley —Paul Boyer communities with sewer and water If Raisin City residents are not able to se- Self-Help Enterprises infrastructure development, procured cure additional funding, each household funds in late 2000 to test about half will likely need to pay $1000 to $3000 EJCW of the wells in Raisin City for seven of to connect to the new proposed water Many wells in small the most likely water contaminants: lines and, where necessary, abandon communities like the pesticides dibromo-chloropropane old wells. Despite the availability of grant Raisin City need (DBCP) and ethylene dibromide (EDB), funding for the public portions of the proj- maintenance. coliform and fecal coliform bacteria, ect, residents will still pay an estimated nitrates, alpha radiation, and uranium. monthly user rate of $48 to operate

The Environmental Justice Coalition for Water 79 Health Impacts of Drinking General Health Impacts of Common Water Contaminants Water Contaminants in California43

People of color and low-income people tend to Water Contaminant Health Impacts be disproportionately exposed to multiple types of contaminants. As a result, they experience the Arsenic Skin cancer; increased risk of bladder, kidney, liver, cumulative impacts of exposure to several pollut- colon, and prostate cancer ants simultaneously. Coliform bacteria Abdominal cramps, diarrhea, fever, kidney failure, blindness, paralysis Consider the farm worker family that lives in or near farmlands, who face occupational hazards Lead Blood disorders, increased miscarriages, spontane- of exposure to pesticides in the workplace and ous abortion, reduced sperm count, premature birth, routine pesticide spraying of fields near their reduced birth rate, stroke, kidney disease, cancer home. This family is likely also drinking ground- water. The many chemicals used on fields often Mercury/methyl mercury Damage to fetuses, including brain damage, mental contaminate groundwater sources in agricultural retardation, blindness, nervous system damage, areas. kidney damage, cancer

The inner-city family that lives in the heart of Nitrates “Blue Baby Syndrome” a serious or fatal illness in an industrial zone in older, dilapidated housing infants, which is caused by consumption of water 44 may have corroded pipes that leach lead into with high nitrate levels. the drinking water. Living next door to various Pesticides Nausea, vomiting, diarrhea, neurological damage, types of polluting industries and surrounded by reproductive effects (such as risk of miscarriage and multiple freeways, this family would be exposed birth defects), endocrine disruption, cancer to a variety of airborne pollutants on a regular basis. Their drinking water source may be pris- Polychlorinated biphenyls (PCBs) Hearing and vision problems, liver problems, cancer tine surface water piped from hundred of miles away. However, even many large cities’ water Trihalomethanes (THMs) Bladder, colon, and rectal cancer. Increased risk of supplies are contaminated during transmission, miscarriages and stillbirths in pregnant women. May also increase risk of birthdefects.

Volatile Organic Compounds (VOCs) Cancer

80 Thirsty For Justice: A People’s Blueprint for California Water storage, and delivery, or are a mix of contami- the overwhelming evidence that low-income Cumulative impacts nated groundwater and imported surface water. communities and communities of color face The summation of disproportionate environmental exposure, place exposures of an organism Cumulative impacts are often most detrimental women of color at a dangerous intersection of to a chemical over a period to “sensitive populations” such as children and contaminants and health hazards. of time. Adverse effects people with compromised immune systems. A can result from individually minor but collectively sig- toxin’s effect on pregnant women and infants is nificant actions taking place rarely evaluated. Mercury, for example, impacts over a period of time. pregnant women more profoundly than any other populations, though the only attempt agencies make to mitigate this exposure is to issue fish consumption warnings for pregnant EJCW women. People whose immune systems are compromised, often as a result of living in toxic environments, are even more susceptible to the cumulative impacts of toxins.

Some of the most vulnerable communities are low-income women of color. Most risk assess- ments are based on a 150 pound male, and do not take into consideration different body size or fat content, different hormonal cycles, or pregnancy.41 Compared with higher-income women, low-income women are three times more likely to have compromised health, and women of color consistently report fair or poor health at much higher rates than white women. In addition, women of color are often uninsured or lack access to a consistent health care provider.42 These factors, combined with Community members in Richmond learn how to navigate the complex world of California water.

The Environmental Justice Coalition for Water 81 CASE STUDY

Low-Income People Many low-income communities choose Water to require stricter regulation of water vending machines tested were vended water when searching for an vended water.47 found in violation of the trihalometh- of Color Paying alternative to tap water because it anes standard and some machines Twice For Water is cheaper than bottled water. The The California Department of Health were dispensing water with higher vended water industry aggressively Services argues that vended water is levels of bacteria than typically found markets to immigrant communities, simply previously inspected tap water in Los Angeles County’s tap water.49 taking advantage of the fears many that passes through a vending ma- Los Angeles County eventually sued immigrants hold regarding tap water chine’s filtration system. The cause for Glacier Water Services, which operates – beliefs well justified in other countries concern, however, stems from the fact nearly 90 percent of all the machines where public water supplies may not that without regular maintenance, vend- in California, for misleading consumers be safe.45 There are over 8,000 water ing machines can harbor bacteria and about the quality of their product. vending machines in California. other harmful substances, and may actually contaminate the water they Immigrant and low-income communi- However, consumers have no assur- dispense. Vending machine operators ties purchase vended water precisely ance that vended water is actually of are under no requirements to clean or to avoid contaminants that may be higher quality than tap water. Tap water maintain their machines, and since the present in their tap water. The vended must meet relatively strict federal and Department of Health Services does water industry has proven that it can- state health standards and in most not inspect the machines, vending not be trusted to ensure the quality cases is subject to continuous testing machine operators have no incentive to of the water it sells. Instead, vended and monitoring. Vended water, on the ensure the quality of their product. water increases consumers’ financial other hand, is virtually unregulated. burden without necessarily protecting The California Department of Health California state law requires vended their health. Services, the state agency respon- water to meet all drinking water 48 Buying vended water often causes sible for licensing all water vending standards required of tap water. Yet financial burden on the people who machines, does not conduct regular, water vending machines do not filter all can least afford it. on-going inspections of machines and the contaminants that may be present retail water facilities. The agency has in the tap water feeding the machines, admitted that vended water regulation including nitrates, pesticides, indus- is not a priority for the agency, as they trial chemicals, and even bacteria. In do not believe there is a public health 1997 and 2000, Los Angeles County risk,46 and opposed efforts led by the conducted random testing of the more Environmental Justice Coalition for than 2,000 vended water machines in the county. Over 32 percent of the

82 Thirsty For Justice: A People’s Blueprint for California Water 3.2 CAUSES AND EFFECTS OF UNEQUAL ACCESS TO HEALTHY WATERSHEDS water shapes the land, carving riverbeds, sheltering aquatic life, and feeding forests, grasslands and wetlands. In Califor- nia, healthy watersheds provided the mate- rial resources for indigenous cultures, later immigrants’ ranching, logging, and farming Alfonso Jaramillo economies, and the development of cities and towns. The new economic activities, fueled by water development, stripped mountains of for- est, washed entire mountainsides downstream, dammed rivers, drained the Central Valley’s wetlands, converted salt marsh and floodplain to sprawling urban areas, and left a legacy of toxic contamination in the air, land, and water. Descendants of the largely Latino, Asian, and A watershed is the land area reduce fire hazards. They also African-American labor force that worked the where rainwater collects and provide residents with access to fields and built dams, aqueducts, levees, and drains into a river, ocean, lake, open space and healthy plant and or other body of water. It includes animal communities, important cities bear the brunt of the watershed-level everything on the land, including for aesthetic, educational, and problems that accompanied the state’s eco- vegetation, biological systems, and subsistence reasons. nomic growth. the human communities located within its boundaries. Healthy In urban areas, historic zoning practices sys- watersheds protect communities tematically cut off communities of color from from flooding, recharge and filter open space, particularly along the waterfront. ground water supplies, maintain Today, urban communities of color lack access year-round stream flow, and

The Environmental Justice Coalition for Water 83 to uncontaminated lands and waters for fishing, In Northern California, the Hoopa Valley and swimming, and other recreational activities. Yurok tribes are currently fighting the Bureau People of color, especially Native communi- of Reclamation’s renewal of water-delivery con- ties and others that depend upon local natural tracts with agricultural users such as Westlands resources for food and livelihood, are heavily Water District. The Bureau’s water diversions impacted by the loss and contamination of have reduced the Trinity River to a trickle, dev- game, fish, shellfish, mushrooms, and edible astating the salmon runs on which the Hoopa, and medicinal plants caused by poor watershed Yurok, and Karuk depend on for food and We cannot survive management practices. economic livelihood. The water needed in the the flooding of our Trinity River to maintain the tribe’s livelihood Native Watershed Management represents a mere 10 percent of the water going people a second time. Challenges Infrastructure Expansion to Westlands Water District for its billion dol- lar cotton and garlic agribusinesses.51 In 2004, —Caleen Sisk-Franco In California, Native American groups have the Ninth District Court of Appeals ruled in spiritual leader of the suffered genocide and discrimination and have favor of the Hoopa’s challenge of the irrigation Winnemem Wintu been especially harmed by the dams that im- contract renewals, declaring that the Bureau pound the majority of the water delivered by must reinstate flow levels necessary to support federal and state water projects. Their exclu- fisheries.52 sion from this development continues to affect Native American cultural, economic, and spiri- The Winnemem Wintu tribe and their an- tual well-being. For many tribes, the wildlife cestral lands along the McCloud River near that thrive off rivers, wetlands, lakes, and estu- Mount Shasta are threatened by the Bureau of aries provide food and economic livelihoods. Reclamation’s plans to raise the Shasta Dam, Healthy watersheds and wildlife populations the largest dam in California and the keystone are necessary to preserve spiritual and cultural of the Central Valley Project. In 1851, the practices. The poverty facing many tribes in Winnemem Wintu signed a treaty with the U.S. California is a direct result of the institutional government reserving a portion of their ances- imperialism in water development highlighted tral lands, but Congress never ratified the treaty. throughout this report.50 Tribal members eventually received allotments,

Toby Mcleod Toby but Winnemem lands, homes, sacred sites, and

84 Thirsty For Justice: A People’s Blueprint for California Water burial grounds were flooded in 1945 behind The Winnemem Wintu have assembled a Redevelopment and gentrification have exac- Shasta Dam. The loss of their lands threatened diverse alliance of environmental groups, tribal erbated historical inequities. Redevelopment Winnemem cultural practices, left many home- rights advocates, and environmental justice or- of abandoned industrial sites often excludes less, and resulted in further impoverishment of ganizations. Using an extensive media strategy, low-income, communities of color from access the tribe.53 including film screenings and print coverage, to waterfront land. Closed or soon-to-be-closed members are working to stop the dam raise military bases ring the San Francisco Bay; as The Department of the Interior and the Bureau and ensure the tribe receives its proper federal these sites are redeveloped, public access to of Reclamation seek to create a more reliable recognition. Organizations are pushing state the bay is often blocked by high-priced, exclu- supply of water for export by raising Shasta policy makers to recognize raising Shasta Dam sive housing developments. In San Francisco’s Dam between six and a half and two hundred is both a poor water management decision and Bayview Hunters Point district, a predominately feet. The dam expansion would cost taxpayers a poor budget decision that will have severe low-income, African-American community, an estimated $408 to $483 million dollars in consequences for the Winnemem. At the federal attempts to clean up the severely-contaminated construction costs. Even a six-foot expansion level, the tribe has been working with lawyers Hunters Point Naval Shipyard and restore a lo- would flood Winnemem burial grounds and and agencies to hold the government account- cal slough have been stymied by lack of funding sacred sites such as Puberty Rock, where young able for the many promises it has broken to the and government initiative, while redevelopment women have their coming of age ceremony. Winnemem Wintu. of a former military base in an affluent neighbor-

In 2004 the Winnemem held Hu’p Chonas—a Urban Communities Cut war dance—at Shasta Dam. The dance is a cer- Off from the Waterfront emonial way of declaring resistance and protest to a challenge. The event also drew public at- Urban communities have long been excluded tention to the little-known dam project. Caleen from the recreational development of water Sisk-Franco, spiritual leader of the Winnemem, resources. Along the Los Angeles coastline, and Mark Franco, Tribal Chief and Headman racially restrictive covenants prevented African- explained the purpose of the war dance, saying Americans from buying waterfront property. “We are dancing now to show the McCloud Blacks were segregated to a “black only” section River that we too are fighting to protect these of Santa Monica Beach known as the Inkwell. In waters from the increased destruction posed by Manhattan Beach, white opposition drove one In Richmond, low-income communities and 54 the proposed raising of Shasta Dam.” of the few black beach resorts out of business by communities of color do not have access to the 55 condemning the property. shoreline because of development.

The Environmental Justice Coalition for Water 85 CASE STUDY

Residents of the North Richmond In 2003, a high-end developer area, many of who do not own cars, agreed to purchase Breuner Marsh have three times less access to open from the current owner for $50 space than the average resident of million and construct between 700 Contra Costa County.57 The marsh, and 1,000 units of housing there. which is the only local fishing and The high price prevented open space recreation site, is threatened by advocates from purchasing the prop- planned bay-front luxury housing and erty, but after the sale several com- industrial development.58 munity-based organizations formed the North Richmond Shoreline Open Breuner Marsh is one of the San Fran- Space Alliance and demanded that cisco Bay area’s few remaining tidal government agencies actively involve wetlands, 95 percent of which have them in planning and decision-making East Bay Watershed Center East Bay Watershed been lost to development. Wetlands about the North Richmond Shoreline. Threats to to the public. There provide vital ecological benefits: they are thousands of cleanse pollutants from storm runoff, The North Richmond Shoreline Open Waterfront Access protect shorelines from erosion, ab- Space Alliance continues to build in North Richmond new homes that have sorb floodwaters, and provide wildlife grassroots support for the protection evolved on old Chevron habitat. Breuner Marsh is a compo- of Breuner Marsh. They have worked When I was young, property and by the nent of a larger wildlife corridor. Its closely with the East Bay Regional Richmond golf course. uplands protect the marsh area, feed Park District to acquire the Marsh Breuner Marsh was the creek and groundwater, and con- and aggressively targeted local really accessible to We want to keep a tain a unique vernal pool ecosystem. policy makers to support the pres- kids in Parchester whole corridor of ervation of open space. However, who wanted to fish. I open space. It’s very Few low-income communities and North Richmond residents working important for the whole communities of color in California’s to protect this valued community remember trying to large urban areas can access open resource and ecologically significant area, but significantly swim in the channels spaces close to home. As undevel- area realize that they face an uphill that come from the for Parchester Village. oped urban land, especially water- battle against developers seeking bay at high tide. But front property, becomes increasingly lucrative returns and municipalities valuable, low-income communities hoping for increased property and now, the Richmond —Whitney Dotson Parchester Village throughout California are threatened sales tax returns to support their shoreline is off limits Neighborhood Council with the loss of local open space. dwindling budgets.59

86 Thirsty For Justice: A People’s Blueprint for California Water hood has restored wetlands, created waterfront polluters to voluntarily reduce discharges, and sediment, metals, pesticides, fertilizers, oil, parks, and brought economic activity. create “pollution trading” loopholes that often pathogens, or trash. The Natural Resources concentrate polluting facilities near low-income Defense Council reports that “urban runoff… is Surface Water Pollution: Point and communities of color.62,63 one of the largest and fastest growing sources of Non-Point Sources water pollution in the United States [and] is the Intense urbanization and lack of effective water- largest source of impairment in coastal waters As of 2002, 685 water bodies in California were shed management decrease water quality. An and the second largest source of the bacterial listed as “impaired waters” by the Environ- investigation of the environmental justice issues contamination that closes thousands of beaches mental Protection Agency (EPA) because they related to transportation planning conducted in the United States each year.”65 exceeded pollutant limits or were degraded by by the California Department of Transporta- structural barriers such as dams.60 Many water tion highlights the fact that heavy materials Sewage overflows are another major form of bodies have moderate to severe water quality from vehicle exhaust fumes, copper from brake water contamination resulting from poor wa- problems but are not listed by the EPA or the pads, tire and asphalt wear deposits, drips of tershed management. A recent Environmental State of California.61 Surface water quality is oil, grease and anti-freeze can seep into the Protection Agency report found that every year, damaged by two different categories of contam- shallow groundwater supplies of many low-in- 860 billion gallons of raw sewage and waste spill inants: point and non-point sources. come communities. The report concludes that from storm-water runoff and sewage facilities.66 “…water resource impacts may be more severe Much of this polluted water is released into The federal Clean Water Act was passed in 1972 for low-income and minority residents than the waterways adjacent to low-income communities to clean up severely polluted rivers and re- population as a whole. Transportation facilities and communities of color. quires permits for “point source” pollution—dis- can affect water recreation resources by contrib- charges from a single, identifiable source such uting to contamination and by creating physical Subsistence Fishing as a factory or sewage treatment plant. Many obstructions that make water access difficult or Increases Toxic Exposure early environmental and environmental justice unpleasant.”64 campaigns focused on reduction of point-source California’s vast concrete water infrastructure pollution and significantly improved the water According to the California Environmental has interfered with the ability of watersheds quality of many rivers, however these victories Protection Agency, most pollution entering the across the state to absorb and flush toxins. are threatened by recent Bush administration state’s waterways is “nonpoint source.” Rain Legacy pollutants such as mercury and PCBs policies that allow more untreated waste water and melting snow that run off streets, drain off combine with urban runoff in lakes and bays. and pesticides to be dumped into local water agricultural fields, and leach from abandoned Pollutants remain at the bottom of rivers and bodies, defer enforcement of violations, ask mines and hazardous waste disposal sites carry estuaries; sediment taken up by invertebrates

The Environmental Justice Coalition for Water 87 Who is aware of then accumulates through the food chain. A of Environmental Health Hazard Assessment 2000 San Francisco Estuary Institute study (OEHHA) issues fish advisory warnings about fish consumption found that fish in the San Francisco Bay “rou- specific fish, but these are often inaccessible to advisories? tinely exceeded health screening guidelines for low-income, immigrant communities because of PCBs, mercury, dioxin, dieldrin, and selenium.”85 language or technology barriers. A San Fran- People who regularly eat fish from polluted cisco Estuary Institute study found that Latinos 100% waters are exposed to high levels of toxins.86 and Asians in the San Francisco Bay Area were

80% Contaminants such as PCBs and mercury—com- less likely to know about fish consumption 73% 75% 70% mon in fish in many California waters—increase advisories than other ethnic groups and that

60% the risk of cancer, birth defects, damage to the awareness of advisories decreased with income 53% 50% immune, nervous, and reproductive systems,87 as level.91 Richmond’s Ma’at Youth Academy 40% well as learning and behavioral disabilities.88 visited six different government agencies before the OEHHA posted a sign warning Richmond 20% Many anglers of color consider fish consump- Harbor fishers that this popular fishing spot is a tion a healthy activity. Their subsistence Superfund site.92 0% s s s s er h practice arises from both cultural traditions and Ot Latino casian Asian u economic necessity. Multiple studies have dem- When a water body is polluted by multiple con- Ca onstrated that fish consumption rates in Cali- taminants and fails water quality standards for African American Percentage of anglers claiming fornia are highest among Asians, Blacks, Native recreation, fishing, or drinking, the federal Clean awareness of fish consumption Americans, and other minority groups.89 Water Act mandates a management plan based health advisories. on the Total Maximum Daily Load (TMDL) Health risk assessments and related sediment of a given contaminant.93 The mercury TMDL Source: San Francisco Estuary Institute, 2001. clean-up plans have not addressed the human established by the San Francisco Regional Qual- health risks contaminated fish pose to anglers ity Control Board states that the San Francisco of color and their families. The Environmental Bay will be contaminated by mercury for 120 Health Coalition has found that most agency more years. It does not outline strategies_except investigations of contamination in the San for not eating fish_to reduce mercury exposure. Diego Bay have “significant flaws and data Instead of addressing better watershed man- gaps and have not specifically addressed the agement and pollutant control, agencies have risks to subsistence-level fishers.”90 The Office targeted the subsistence and cultural activities of

88 Thirsty For Justice: A People’s Blueprint for California Water CASE STUDY

Sewage Overflows The population of San Francisco’s Bay- view. During periods of heavy rainfall, biphenyls (PCBs) at levels above the view-Hunters Point neighborhood is when demands on the system exceed proposed “safe” level for fish con- and Toxic Water in comprised of over 80 percent people its capacity, storm runoff mixes with sumption.72 This is a serious problem Bayview Hunters Point of color; 30 percent of the population sewage and is released directly into as many Bayview residents depend on has an annual income of less than the San Francisco Bay. Ten CSO pipes their catch to feed their families. 67 When I was a kid, Yosemite Slough $10,000. The district has borne the are located in or adjacent to the com- seemed like a nice place to swim— burden of the city’s worst pollution munity; three of these empty directly The Yosemite Slough Watershed problems – including soil and water into the Slough. Although the Regional Restoration Project, funded by the but it was too filled with junk. Raw contamination, two outdated power Water Quality Control Board permits CALFED Bay-Delta Program,73 is a sewage used to flow into it, which plants, two superfund sites, hundreds only one sewage overflow into Yosem- collaborative effort by community- still happens when the sewage of toxic sites, and industrial facilities. ite Slough per season, recent years based organizations, scientists, and plant overflows. You can’t access The community has four times more have seen seven per season. regulatory agencies to address the open space here in Hunter’s Point toxins than any other San Francisco impacts of toxic exposure, improve because some private person owns neighborhood and two outdated According to a 2003 University of San local and regional water quality, and it or it’s dump. power plants.68 Hospitalization rates Francisco (USF) study: reverse community member’s historic for asthma, congestive heart failure, exclusion from decision-making pro- People need to open their ears hypertension, diabetes, and emphy- a … concern and environmental cesses. The project has established to what environmental justice sema in the Bayview are more than hazard is the use of Yosemite a watershed council, employed youth is saying. You have a clean three times the state average.69 Slough as an illegal dump site. to monitor water quality, and gathered pristine environment in your The California Integrated Waste scientific data about the Slough. communities, we are saying we In the center of this neighborhood Management Board determined lies Yosemite Slough, a large inlet of that…the slough contains several want clean environments in our San Francisco Bay that is bordered tons of household garbage, ap- communities. Here in Bayview, on the north by the Hunters Point pliances, furniture, abandoned African-Americans are the main Naval Shipyard, an EPA-designated vehicles, concrete, asphalt, dirt, people who poisoned. We paid for Superfund site. Yosemite Slough was plastic, wood, and construction this community with our lives, once a free-flowing creek that sup- debris.… Issues have arisen so for me it’s a civil and human plied fresh water to the South Basin; concerning contamination and ra- rights issue today it serves as a conduit for annual diation from the on-site landfill.”71 combined sewage overflows (CSOs). —Olin Webb 80 percent of San Francisco’s sewage The study found that thirty-four out of Bayview Hunters Point and rainwater runoff pass through a thirty-nine water samples taken from Bayview Hunters Point is home to Community Advocates wastewater treatment plant in the Bay- the Slough contained polychlorinated numerous toxic sites.

The Environmental Justice Coalition for Water 89 Pomo Nation, has been declared a Superfund site due to contamination from an old sulfur mine. Fish advisories warn pregnant women not to consume any fish from the lake. After a $10 million EPA clean up, the Elem have a fence and a warning sign. There has been no actual clean up of the site, which is part of the Elem community’s dwindling land base.96 The tribe, which used the area’s plants and wildlife for food, medicine, and spiritual purposes, has lost an important cultural and economic center.

Most fish contaminants are produced by ship- yards, military complexes, mines, and industrial facilities. For decades, the San Diego Naval Base released mercury, copper, PCBs, and polycy- clic aromatic hydrocarbons into the San Diego Bay. A recent ecological assessment found that “contamination remains widespread in San

Environmental Health Coalition Environmental Diego Bay sediments and affects the tissues of Bioaccumulation: An increase in the low-income communities of color. As a result, various species of fish that are subject to human concentration of a substance in a living these communities have been forced to take consumption.”98 Sonia Rodriguez, Community organism over time; occurs when an organ- outreach, community education and even data Organizer with the San Diego-based Environ- ism takes in contaminated air, water, or collection into their own hands.94 mental Health Coalition, calls toxic sediment food containing substances that are very and the contaminated fish a key environmental slowly metabolized or excreted, and can The use of mercury to separate gold and other justice issue in San Diego Bay. She notes that affect the health and functioning of the metals from ore began in California with the communities of color who depend on fish as a organism. gold rush, but the legacy of environmental food source consume “…toxic fish in a man- destruction and genocide continues to this day.95 ner that is consistent with cultural methods of Clear Lake, the ancestral home of the Elem preparations, i.e. consuming the entire fish, fish

90 Thirsty For Justice: A People’s Blueprint for California Water CASE STUDY

Mega-Dairies and the “Happy Cow” campaign to promote corporate dairy interests.82 Environmental Justice Impacts Central Valley residents have seen property values drop and family farms Wasco, just north of Bakersfield in Kern move out as dairies move in. Tom County, is one of the many towns in Frantz, long-time Wasco resident and the Central Valley to witness the rise of president of the Association of Irritated “mega-dairies” – concentrated, highly Residents comments, “people have mechanized and factory-like facilities seen the effects of these dairies and typically housing anywhere between they don’t want anything to do with that. 800 and 14,000 cows. When resi- Once the dairy is there, everyone knows dents heard news of impending dairy you won’t get other development.” construction that would bring more Franz Tom than 100,000 cows to their area, 83 risks, such as reproductive problems The dairy industry regularly pollutes Wasco has unemployment rates 77 percent voted to request that any new due to high nitrate levels. The antibi- water sources. Companies like Hilmar hovering around 20 percent, with 24 dairies be sited outside a ten-mile buf- otics and growth hormones used on Cheese in Merced County dumped percent of families below the federal fer zone beyond the city limits.74 The cows can also migrate into drinking huge amounts of wastewater on poverty line and a population that is 78 83 town of Wasco submitted the request water and increase the risk of cancer. local fields for sixteen years until the two-thirds Latino. The new centers to county supervisors, who proceeded Sacramento Bee revealed the extent of dairy production—Tulare, Kern with the approval process for the new Discouraged by increased regula- of pollution and lack of enforcement. and King Counties—have similar high dairies anyway. tion by the Santa Ana Regional Water The absence of regulatory oversight unemployment and poverty rates, and Quality Control Board, dairies have at Hilmar was certainly encouraged large communities of color.84 To many 79 For the past ten years, Chino Basin, moved into the Central Valley. Dairies by the fact that one of their founders residents, the lack of dairy regulation east of Los Angeles, has been the have been able to cash in on the Chino and co-owners, Chuck Ahlem, was is the latest incident in a long history of center of the dairy industry.75 Dairies’ Basin’s environmentally unsustainable Governor Schwarzenegger’s undersec- the exclusion of community concerns practice of dumping large volumes of suburban expansion by selling their retary of agriculture.81 Also helping the from regulatory processes. “Poor com- manure on nearby fields have severely land to real estate developers at high dairy industry is their powerful lobbying munities never had that much voice 80 degraded the Santa Ana River and speculative prices. The patterns of force, the California Milk Advisory in anything that they are building,” groundwater basins, the drinking poor watershed and land-use planning Board, one of the largest marketing Frantz says. “Regular farmers and rural source for a large portion of Orange initiated in Chino Basin are being repli- boards in the U.S. With an advertising people didn’t want these factories. A County.76 Dairy-related water contami- cated in the Central Valley, particularly budget of $37 million, they undertake town like Wasco has no say about what nation presents serious human health near low-income, communities of color. aggressive marketing efforts such as happens outside their city limits.”

TheThe EnvironmentalEnvironmental JusticeJustice CoalitionCoalition forfor WaterWater 91 As a child, one of my stews, and eating skin – all methods of eating The Impact of Floods 99 favorite activities was that maximize exposure to toxics.” In a healthy watershed, forests trap and store fishing on Clear Lake An Environmental Health Coalition survey of rain water and melting snow. Riparian, or with my father. An local fishing spots found that 96 percent of the streamside, plants keep banks from eroding dur- fishers were people of color, the majority of expert fisherman, he ing floods. Wetlands soak up and slowly release whom consume contaminated fish above the floodwaters; plant roots and deep soils allow has ‘fish patience’ and advisory level. Other studies of mercury levels precipitation to sink into the ground, where it optimism and so he in blood have found higher levels among Asians is filtered as it seeps slowly down to the aquifer; and Pacific Islanders and women who eat fish.100 and beaver dams trap sediments. Indigenous would wait a long time This raises concern about the exposure levels management practices maintain the health of a for the fish to nibble of the large percentage of Filipino families who watershed’s ecosystems. Watershed “manage- before moving the boat. regularly consume fish from the San Diego Bay. ment” in the U.S. era has devastated the natural The report concludes by emphasizing the ur- function of California’s rivers. Massive flooding— I was in college before gency of these environmental justice concerns: a symptom of the instability of the engineered I bothered to look and degraded water system—began in the late closely at the California Many of the fishers surveyed reside in Barrio nineteenth century as a result of mining and log- Logan, Sherman Heights, Logan Heights, West ging in the upper watersheds. Dams, levees, and Department of Fish Chula Vista and National City. These commu- other flood-control structures mask some of the and Game regulations nities are the most heavily burdened with toxic impacts of the destruction of healthy watershed in detail. And then I exposure in San Diego County. Among the function, often by diverting floodwaters down- co-risk factors of these communities…are the stream. saw the section ‘Public highest lead contamination in housing stock, Health Advisories on highest cancer, reproductive, respiratory risks Low-income communities and communities of from air contaminants, and high poverty rates. color in rural areas are particularly vulnerable Fish Consumption.’97 These co-exposure rates necessitate additional, to flooding. Low-income communities of color more protective actions to respond to the located in the Central and Pájaro Valley flood- —Jacquelyn Ross high cumulative burdens of these community an Elem woman, remembers plains lack adequate drainage, levee, and sewage 101 102 fishing on Clear Lake: residents. infrastructure. In years of heavy rainfall, levees may be inadequate to hold back the excess

92 Thirsty For Justice: A People’s Blueprint for California Water water. Nor are upland communities immune. In the Sierra Nevada the channelization of streams, the destruction of wetlands, clearcut logging practices, and road construction can cause significant flooding and mudslides during spring snowmelt and heavy rains.

Urbanization greatly increases the severity of floods. As concrete and buildings cover the land, more water runs off, laced with heavy metals, pesticides, motor oil, and sediment. Meandering streams become deep gullies and are usually put a year, low-income people are unlikely to have mudslides leading to the deaths of almost ninety into concrete channels or buried completely in Los Angeles Department of Public Works Paved streets do not provide an adequate outlet for floodwaters. culverts. Increased runoff causes more intense flooding and decreases the amount of time water such protections for their homes and belongings. people. According to historian Mike Davis, as flows through riparian forests and wetlands. The When agencies attempt to quantify the impact the city’s population grew and industrial acreage destruction of these habitats reduces the ecosys- of a flood, the overall economic impact in a low- expanded, the Army Corps of Engineers’ solu- tem’s ability to remove pollutants. Storm drains income community is often valued lower due to tion was to: that are meant to pipe water away from upstream lower property values. As a result, low-income sites may simply relocate the flooding problems communities are likely to be overlooked when deepen and ‘armor’ – that is, pave – a downstream to flatland communities with even resources to solve flooding problems are allocat- narrow width of the Los Angeles River’s less adequate flood-control infrastructure. ed based on calculated flood-damage costs.103 channel in order to flush storm runoff out of the city as efficiently as possible, and Because toxic waste sites and wastewater treat- Urbanization and Flooding thus allow extensive industrial develop- ment plants are often located in the flatlands, in Los Angeles ment within the floodplain. Beneficial adjacent to low-income communities and com- to large landowners in the region, this munities of color, flooding can lead to increased The Los Angeles metropolitan area, one of strategy would force the natural river into toxic exposure for residents. The economic the great emblems of urban sprawl, is built on a concrete straitjacket – destroying the impacts of flooding are also significant. Because a coastal floodplain. During the 1930s, rapid riparian ecology and precluding the use of flood insurance can cost several hundred dollars urban development caused drastic floods and the riverway as a greenbelt.”104

The Environmental Justice Coalition for Water 93 John McPhee describes the resulting Los An- mad is that they neglected this street. It’s not hood, and provide all communities in California, geles Flood Control system as “more than two that we didn’t call and complain, it’s just that regardless of race, income or ethnicity with safe, thousand miles of underground conduits and they didn’t care.”110 Non-profit organizations like accessible parks and wild spaces.116 concrete-lined open stream channels – a web of TreePeople have initiated large-scale green- engineering that does not so much reinforce as ing programs in Sun Valley, using catch basins C HAPTER C ONCLUSION replace the natural river systems.”105 In the dry and trees to prevent flooding. However, many season, the flow is treated wastewater. Water communities in Los Angeles’ vast ‘flood control equitable watershed management is a runoff from new suburban developments has in- system’ still experience summertime releases of real solution to many community water issues. creased the flow of the Los Angeles River three raw sewage and frequent floods. However, like conservation and water reuse, fold, outpacing the construction of flood-control powerful forces in land-use planning favor urban dams and concrete levees.106 Industrial areas Equitable Watershed Management is sprawl, industry, and agribusiness interests. The along the channelized river became the home of Essential to Achieving Environmental result is a series of health and environmental many of Los Angeles’ poor and working-class Justice concerns that overwhelmingly impact low-in- residents. Today, these areas are primarily com- come communities and communities of color, munities of color.107 Many of the former indus- Watersheds provide important quality of life which are simultaneously denied access to trial sites are vacant; immigrant communities benefits and support the local and regional political processes to address these concerns. occupy tract housing built for former manufac- economy. They catch, store and transport our These communities continue to pay a heavy turing workers.108 water supply, providing a “natural infrastruc- price, with their health and quality of life, for ture” that supports household uses, industry, poor watershed planning decisions. Sun Valley, once a riverbed feeding the coastal commerce, and agriculture. Sound watershed floodplain and now a major concrete thorough- management is the foundation of community fare, is predominately Latino, largely industrial, and economic development; restoration of and prone to flooding. The area was built with- rivers and waterfront lands has often been the out an underground storm sewer or curbside catalyst for community revitalization.113 Effec- channels to catch rainwater and runoff. Resi- tive watershed management and land conserva- dents recall annual floods that prevented chil- tion efforts increase property values and the dren from going to school. They are frustrated local tax base.114 By using recycling wastewater with city officials who claim it costs too much and infiltrating stormwater throughout the wa- money to make infrastructure improvements.109 tershed, cities improve water quality,115 increase As one business owner says, “What makes you green and public space in every urban neighbor-

94 Thirsty For Justice: A People’s Blueprint for California Water Every year state route 269 is closed down. From all the money that has Flooding north-south artery.111 and into the streets of 112 been wasted cleaning up State Route Every year Huron faces Huron. The aqueducts’ Devastates floods and mud slides path also blocks floodwa- 269, the state could have invested in Central Valley from nearby Arroyo Pas- ters from Lemoore Naval a more sustainable solution. Up the Town ajero Creek. When the Air Station. Every year creek there is a gravel company that California Aqueduct, the when the road is closed, main canal for the Cen- the town loses business; conducts continuous excavations, An annual event in Hu- ron, a small, overwhelm- tral Valley Project, was residents are forced to which releases asbestos into the ingly Latino town of built just west of the farm take long detours, and creek. With heavy rainfall the 6,300 west of Fresno, is working community, deal with mud-covered asbestos becomes concentrated and the flooding of Highway it diverted floodwaters roads and the associated 269. The highway is the away from their natural health risks. soils travel through the creek and main route to a major flow into Tulare Lake the community of Huron. When the soil dries up and becomes dust, the asbestos and pesticide laden dust layer everything in town. A car can’t stay clean for more than a few hours – so your car gets layered with not only pesticides but asbestos, and so do your lungs.”

—Rey Leon, Policy Analyst, Latino Issues Forum,

who grew up in Huron, California EJCW Suburban sprawl, a symptom of poor watershed management, negatively impacts local water bodies.

The Environmental Justice Coalition for Water 95 96 Thirsty For Justice: A People’s Blueprint for California Water POLICY RECOMMENDATIONS

Water Governance and Public Participation

The State Legislature Should Establish An Independent Commission To Analyze Social, Economic, And Environmental Inequities Inherent In The Current Water Rights Allocation System, Including The Definition And Legal Interpretation Of The “Reason- able And Beneficial Use” Doctrine.

The California State Constitution and the state Water Code define water as a public good and hold the state responsible for managing it in the public interest. The state is charged with protecting “reasonable and beneficial” uses. Unfortunately, the logic of “reasonable and beneficial use” is driven by two exclusionary principles: 1) water not used for agriculture or municipal purposes is water wasted and 2) the value of water usage is to be measured economically, not socially, culturally or ecologically. These two principles fail to protect Native American uses of water and ecosystem water needs.

CALFED Should Commission An Independent Community Review State And Federal Water Projects’ Social And Economic Impacts On Local Communities. CALFED Should Also Fund An Independent Review Of California Dams To Examine The Possibility Of Decommissioning Operations Through The Federal Energy Regulatory Commission Process Or Through Other Mechanisms.

Dams are destroying Native American cultures by flooding their ancestral homelands and burial sites, and by virtually exterminating salmon runs upon which many tribes depend on for food and livelihood. Several Northern California tribes are currently facing the threat of cultural extinction due to the proposed expansion of Shasta Dam and the continued operation of other dams. Studies of the economic impacts of removing dams have shown that dam removal can greatly improve rural economies by revitalizing fisheries and increasing tourism.

The Environmental Justice Coalition for Water 97 The State Of California Should Require All Water Users, Includ- The State Of California Must Require A Local Public Process ing Agricultural, Industrial, And Municipal Users, To Implement For The Review And Approval Of Any Water Transfers And Land All Available Water Conservation, Reuse, Recycling, And Other Fallowing Decisions. When Water Transfers And Land Fallowing Water-Use Efficiency Options Before Any Dams, Reservoirs, Are Approved, California Must Require Transition Assistance Ocean Water Desalination Plants, Or Other Types Of Water For Communities And Individuals Impacted By Such Projects. Development Infrastructure Are Approved For Construction. Water transfers and land fallowing impact farm workers, local residents, Water conservation, reuse, and recycling programs have proven small businesses, and regional economies in addition to the parties successful in increasing water supplies without building additional directly involved in the agreement. The decisions to conduct these infrastructure. Many of these programs have also created jobs and programs are often made by the boards of landowner-based water economic opportunities in low-income communities. In contrast, dams, districts rather than the community as a whole. It is crucial to ensure reservoirs, desalination plants, and other large water development meaningful public participation from the outset of any discussions about projects have disproportionate negative impacts on low-income water transfers and land fallowing. In order to prevent severe disruption communities and communities of color, particularly tribal communities. of local economies, water districts conducting the transfers must be They are also expensive, environmentally destructive, and fuel required to include a transition assistance program for the impacted unsustainable coastal and suburban sprawl. communities, especially for displaced workers who are left without employment and often, without homes. California Law Should Specifically Prohibit Water From Publicly Subsidized Projects From Being Sold Or Traded In Speculative California Law Must Require That The Governing Bodies Of All Bulk Water Sales Or Trading Schemes. Water Districts Be Popularly Elected. Voting Should No Longer Be Limited To Those Who Own Land And Property. California taxpayers pay hundreds of millions of dollars every year to build and maintain water infrastructure that provides water to farmers, Many water districts’ governance structures are land based and property municipalities, and others who are under legal obligations to use the weighted. Water district board elections are inequitable because water in specific ways. Such water is not private property but a public they favor wealthy landowners and their interests over those of other resource that legally belongs to all Californians. Therefore, anyone residents. Water districts must be responsive and representative of all the receiving publicly subsidized water must not be allowed to sell or trade water needs in a community. Therefore, any district resident must be able water for a profit at taxpayers’ expense. Instead, water no longer needed to vote and run for a seat on a water district board. should be returned to the environment, or redistributed to communities who lack a safe, reliable drinking water supply.

98 Thirsty For Justice: A People’s Blueprint for California Water Water Districts Must Define Their Service Area Broadly So As One Government Agency Should Have Ultimate Regulatory To Include All Members Of The Community And Their Respec- Oversight Over All Potable Water Suppliers To Ensure That All tive Needs. Consumers Have The Same Protections Under The Law Re- gardless Of Who Provides Their Water. Water districts often narrowly define their service area and do not include all populations that are affected by board decisions. Many water districts Different government agencies are responsible for regulatory oversight assess taxes and fees on district residents to help subsidize water of public, quasi-public, and private water purveyors. Consumers receive infrastructure projects that do not benefit non-landowners. A landowner- vastly different levels of water quality, access to water, water rates, controlled irrigation district may focus on its mandate to provide and customer service depending on who provides their water. Until one adequate irrigation water and neglect the concerns of people also drink drinking water regulatory agency is established, all consumers must the irrigation water. It is critical that water districts gather accurate receive notification of which regulatory agency to contact when they have information about water problems in their communities, establish concerns about their water. formalized processes to represent all users in the development of water policies, and ensure that such publicly made decisions are enforced. All Proposals To Privatize Public Water Utilities Must Include A Local Public Review Process That Also Allows All Local Water All Water Districts Should Be Required To Develop And Imple- Consumers To Vote Or Otherwise Decide On Such Proposals ment Integrated Groundwater Management Plans That Include Before Public Utilities Are Privatized. The Water Quality, Water Supply, And Drinking Water Quality The privatization of public water systems can lead to rate increases, Needs Of All Communities Within Their District Boundaries. service disconnection, and limited opportunities to hold a private Groundwater is an important source of drinking water for millions of company accountable, among other problems. Therefore, it is critical Californians. It is critical to ensure that aquifers are not further polluted or that all water consumers vote on any privatization proposals. Once a depleted. All water districts, including irrigation districts, must recognize privatization contract is approved, local public agencies – such as city that their practices may adversely impact groundwater sources upon or county governments – should be responsible for monitoring and which neighboring communities depend, and must create integrated evaluating how effectively private water suppliers are able to deliver safe groundwater management plans to ensure that their actions do not have and affordable water to all community members. If a company fails to negative impacts on groundwater supplies. meet these requirements, the water system must be returned to public management. In communities that lack public capacity to manage the water system, the county government, local irrigation district, or other local public entity should assume responsibility for the water system.

The Environmental Justice Coalition for Water 99 The State Should Require That All Water And Land-Use Proj- All State Government Agencies Having Jurisdiction Over Any ects Be Planned, Implemented, And Managed With Participa- Aspect Of Water Management And Planning Must Adopt the tion From Impacted Community Members. Additionally, The Cal/EPA Advisory Committee On Environmental Justice Rec- State Should Require That Water Be Considered As An Essen- ommendations for Achieving Environmental Justice. tial Component In All Land-Use Decisions And Projects. The recommendations revolve around the following four goals: Land-use decisions and plans have a disproportionately negative effect Goal #1: Ensure meaningful public participation and promote community on low-income, communities of color, including the permitting of multiple capacity-building to allow communities to be effective participants in polluting facilities, such as heavy industries, landfills, power plants, and environmental decision-making processes. wastewater treatment plants in their neighborhoods. Land-use planning processes often fail to consider water resources, resulting surface and Goal #2: Integrate environmental justice into the development, adoption, ground water pollution as well as flooding in low-income communities implementation, and enforcement of environmental laws, regulations, and communities of color. New water supply and quality, watershed and policies. restoration, and wastewater treatment projects, as well as efforts to Goal #3: Improve research and data collection to promote and address renew water contracts, authorize or reauthorize dams, transfer water, environmental injustice related to the health and environment of retire agricultural land, restore rivers, or construct desalination plants communities of color and low-income populations. can also negatively impact communities. All of these projects must also include a cost-benefit analysis that focuses on generating resources Goal #4: Ensure effective cross-media coordination and accountability in in communities left out of the benefits of California’s existing water addressing environmental justice issues. development. State agencies committed to achieving environmental justice within water policy must adopt these four goals as essential in addressing the water- related needs and concerns of low-income communities and communities of color. The recommendations outline many strategies public agencies can use to ensure meaning public participation in water-related policy and decision-making processes. The full text of the recommendations can be found at Cal/EPA and on EJCW’s website, www.ejcw.org.

100 Thirsty For Justice: A People’s Blueprint for California Water Access to Water Resources • Use U.S. mail, fax transmission, and other communication methods to disseminate information about funding programs; All Potable Water Purveyors Should Be Required To Establish A • Contract with community-based organizations to disseminate “Lifeline” Rate For Low-Income Residential Water Users. information about funding programs, and to conduct prospective Residential water service, particularly in rural areas, can often place applicant workshops; a major financial burden on low-income households. Electricity and • Define “disadvantaged communities” as communities with an annual telephone service utilities offer a “lifeline” rate to low-income consumers. median household income less than 80 percent of the statewide It is vital that all water utilities to provide water at a discounted rate that annual median household income; low-income consumers can afford. • Define “small community” as one with no more than 3,000 users or Adequate Funding Must Be Made Available To Build And Main- 1,000 connections; tain Drinking Water and Wastewater Infrastructure For Tribal, • Give disadvantaged communities preference for state funding for safe Small, And Economically Disadvantaged Communities. State drinking water and water quality projects; Funding Programs For These Projects Must Be Made Acces- sible To These Communities. • Set aside 25 percent of water funding for disadvantaged and small communities; State agencies must be creative in finding funding for water-related projects in low-income communities and communities of color. • Provide disadvantaged and small communities technical assistance One possibility is to use Proposition 50 funds for the Infrastructure in preparing of applications for water-related grants and loans in a Rehabilitation Program, which funds infrastructure projects in manner that addresses community needs; disadvantaged communities. The state agencies responsible for • If state agencies are unable to provide technical assistance directly distributing the bulk of funds available for water projects—the to applicants, the state should contract with experienced community Department of Health Services, the State Water Resources Control Board development organizations to provide such assistance; and the Department of Water Resources—manage funding programs that are often inaccessible to low-income communities and communities • Disadvantaged and small community water systems, as well as of color. Incorporation of the following principles into existing and future community-based organizations should be exempted from matching funding programs will ensure that communities are able to access funds requirements; resources necessary to develop and maintain safe, affordable drinking • Disadvantaged and small communities must receive assistance in water systems: meeting CEQA and TMF requirements; • Translate all materials, including funding program guidelines, requests • Native American communities should qualify as “disadvantaged for proposals, instructions, and other documents into languages communities.” spoken by at least 10 percent of all Californians;

The Environmental Justice Coalition for Water 101 State Water Project And Central Valley Project Contractors The State Of California Should Commission An Independent Should Pay A User Fee, Proportional To Their Use Of Project Study To Recommend Strategies For Phasing Out Pesticides Water, To Help Fund Water Infrastructure Projects For Tribal, And Other Chemicals That Are Known To Be Highly Toxic To Small And Otherwise Disadvantaged Communities Located Humans And That Pollute Water Supplies. In The Interim, The Near The Projects. State Should Require Pesticide And Other Chemical Manufac- tures To Pay Into A Special Fund That Would Be Used To Clean- The publicly funded State Water Project and Central Valley Project should Up Water Contamination. provide benefits for the largest possible number of taxpayers. Currently, most tribal, small and economically disadvantaged communities located Pesticides are a virtually unregulated but highly dangerous class of near the projects receive no direct benefits, including access to project drinking water contaminants. About one-third of the more than 600 water. Many of these communities lack access to safe and affordable pesticides used in California are known to be toxic to humans and other drinking water, while high-quality surface water destined for irrigation flows living organisms; many pesticides have been found to contaminate all around them. groundwater. Pesticides have polluted more than 500 miles of the state’s waterways, which as a result have been designated as unsafe for Public Health Goals (PHGs) And Maximum Contaminant Levels drinking, swimming, and fishing. (MCLs) For Contaminants In Drinking Water Should Be Estab- lished Using Health Data Relevant To Women And Children. The The California Department of Health Services (DHS) Must En- Office of Environmental Health Hazard Assessment and the sure The Quality of Vended Water By Increasing Regulation of Department of Health Services Must Consider The Cumulative Water Vending Machines and Retail Water Facilities. Impacts Of Exposure To Multiple Contaminants From Multiple Harmful levels of bacteria and contaminants have been detected in Sources When Setting PHGs And MCLs. vended water, yet DHS does not perform regular inspections of vended The regulatory process that establishes drinking water standards is water machines and retail water facilities in order to guarantee the quality inherently flawed in several ways. First, standards are based on both of water dispensed. Low-income and immigrant communities are public health and economic considerations, and therefore standards especially reliant on vended water because they believe it is cleaner often allow a contaminant to be present in excess of what constitutes than tap water. Yet most consumers do not know that vended water is a health protective level. Second, the regulatory process does not take simply tap water that is run through a filtration process on site inside the into account the wide range of contaminants that environmental justice machine. DHS currently collects over $440,000 per year from vending communities are exposed to on a regular basis, nor the related cumulative machine licenses, yet this funding is not applied toward vending machine health effects that such contaminants cause. Finally, drinking water inspections standards are largely based on health studies performed on healthy white men, not women and children of color, or other vulnerable populations.

102 Thirsty For Justice: A People’s Blueprint for California Water All Regional Water Quality Control Boards Must Stop Exempt- The State Water Resources Control Board Must Require Local ing Agricultural And Dairy Runoff From Meeting Federal And Governments To Adopt Wastewater And Stormwater Treatment State Clean Water Laws. Strategies That Put Them In Compliance With The Clean Water Act, In Order To Prevent Sewage Treatment And Combined As of 2002, 685 water bodies in California were listed as “impaired Sewer Overflows In Environmental Justice Communities. waters” by the Environmental Protection Agency because they exceeded pollutant limits. Many of these pollutants originate on farms and dairies Stormwater runoff and combined sewer overflows pollute beaches and end up in streams, rivers, bays, and in groundwater supplies. and coastal waters throughout California but particularly affect urban Polluters should be required to clean up this pollution, and prevented from low-income, communities of color. Municipalities must investigate and further polluting water resources. Regional Water Quality Control Boards prioritize wastewater treatment strategies that provide tertiary treatment must revoke any current exemptions, and must vigorously monitor and or higher; eliminate combined sewer overflows through watershed- enforce compliance with the federal Clean Water Act, the state Porter- scale stormwater infiltration; integrate water recycling; prioritize the Cologne Act, and other water quality laws and regulations. Finally, the use of constructed wetlands and other living systems that improve the Regional Boards should provide incentives for farmers to adopt and ecological health of local watersheds; and enhance the communities in use better management practices that prevent the contamination of which wastewater treatment facilities are located. groundwater and surface water. Local And State Governments Must Require The Use Of Best The State Water Resources Control Board Must Take Immedi- Management Practices To Prevent Flooding In Environmental ate Action To Prevent The Continued Pollution Of And Clean Up Justice Communities. Water Bodies Upon Which Low-Income, People Of Color Com- Examples of best management practices include banning new munities Rely On For Fish. development in floodplains prone to catastrophic flooding, or in Low-income, people of color, more than affluent whites, rely on areas such as wetlands that store floodwaters and prevent flooding contaminated, locally caught fish to supplement their diets. While it is downstream. Local governments should use brownfield redevelopment important to post signs that warn of the dangers of eating contaminated processes to increase the hydrological integrity of urban watersheds by fish, the State Board must require industrial, agricultural, and municipal restoring riparian and waterfront land to greenways and natural retention polluters to clean up existing pollution in water bodies. The State Board basins. They should also train and employ residents of disadvantaged must also enforce federal and state laws designed to prevent further communities to implement flood control and habitat restoration projects. pollution. Finally, state and federal authorities must take immediate action to clean-up abandoned mercury mines and other legacy pollution sites that continue to contaminate California’s waters.

The Environmental Justice Coalition for Water 103 California Law Must Require That All State Agencies Collect Public Health Data That Includes Race And Income Informa- tion. Additionally, The U.S. Census And The California Depart- ment Of Finance Should Collect Information On Residential Wa- ter Infrastructure In Census Questionnaires And Other Surveys Of The State’s Residents.

Currently, agencies and the public do not have enough information available to adequately assess community water needs. In order to ensure the availability of data to characterize risk across populations, it is critical that public health data include race and income. Such data will enable agencies to determine which communities are most threatened by contaminated drinking water.

104 Thirsty For Justice: A People’s Blueprint for California Water APPENDIX A: PRINCIPLES OF ENVIRONMENTAL JUSTICE

Adopted October 1. Environmental Justice affirms the sacredness of Mother Earth, 10. Environmental Justice considers governmental acts of 1991 at the First ecological unity and the interdependence of all species, and the environmental injustice a violation of international law, the Universal National People of right to be free from ecological destruction. Declaration on Human Rights, and the UN Convention on Genocide. Color Environmental Leadership Summit, 2. Environmental Justice demands that public policy be based on 11. Environmental Justice must recognize a special legal and natural Washington, D.C. mutual respect and justice for all peoples, free from any form of relationship of Native Peoples to the U.S. government through discrimination or bias. treaties, agreements, compacts, and covenants affirming sovereignty and self-determination. 3. Environmental Justice mandates the right to ethical, balanced and responsible uses of land and renewable resources in the interest of 12. Environmental Justice affirms the need for urban and rural a sustainable planet for humans and other living things. ecological policies to clean up and rebuild our cities and rural areas in balance with nature, honoring the cultural integrity of all our 4. Environmental Justice calls for universal protection from nuclear communities, and providing fair access for all to the full range of testing, extraction, production and disposal of toxic/hazardous resources. wastes and poisons and nuclear testing that threaten the fundamental right to clean air, land, water and food. 13. Environmental Justice calls for the strict enforcement of principles of informed consent, and a halt to the testing of experimental 5. Environmental Justice affirms the fundamental right to political, reproductive and medical procedures and vaccinations on people of economic, cultural and environmental self-determination of all color. peoples. 14. Environmental Justice opposes the destructive operations of multi- 6. Environmental Justice demands the cessation of production of national corporations. all toxins, hazardous wastes, and radioactive materials, and that all past and current producers be held strictly accountable to 15. Environmental Justice opposes military occupation, repression and the people for detoxification and the containment at the point of exploitation of lands, peoples and cultures, and other life forms. production. 16. Environmental Justice calls for the education of present and future 7. Environmental Justice demands the right to participate as equal generations that emphasizes social and environmental issues, partners at every level of decision-making including needs based on our experience and an appreciation of our diverse cultural assessment, planning, implementation, enforcement and evaluation. perspectives.

8. Environmental Justice affirms the right of all workers to a safe and 17. Environmental Justice requires that we, as individuals, make healthy work environment, without being forced to choose between personal and consumer choices to consume as little of Mother an unsafe livelihood and unemployment. It also affirms the right of Earth’s resources and produce as little waste as possible; and those who work at home to be free from environmental hazards. make the conscious decision to challenge and reprioritize our lifestyles to insure the health of the natural world for present and 9. Environmental Justice protects the right of victims of environmental future generations. injustice to receive full compensation and reparations for damages as well as quality health care. The Environmental Justice Coalition for Water 105 APPENDIX B: OVERVIEW OF WATER RIGHTS IN CALIFORNIA

The California Constitution states: water equally. In theory, riparian rights underground beneath a stream; 2) “…water must be put to reasonable and take precedence over appropriative underground streams that do not beneficial use in the interest of the people rights; however, presently unexercised surface; and 3) rainwater that falls and for the public welfare.” This public riparian rights may get a lower priority on the ground and settles downward value is codified in the California Water than longer-established appropriative (percolating waters). Surface water Code, which states: “…all water within rights. rights (described above) are applied to the State is the property of the people the first two categories of groundwater. Appropriative Rights are based on of the State.” By law, no individual, The extraction of percolating waters is actual use of water and are obtained corporation, or other private entity can virtually unregulated: landowners have through a permit from the SWRCB. They own water. rights to use any groundwater beneath are assigned a “priority” based on the their land. The SWRCB does not require The State of California holds public water date the water use began or was first a permit to use groundwater, however resources “in trust” for all Californians. registered with the state. Appropriators some counties have adopted regional The State government, through the are able to sell or transfer their water regulation practices. courts, the Legislature, and the State rights, and may lose title to their water Water Resources Control Board rights through non-use. (SWRCB) ensures that water is used in a Federal Reserved Rights are held reasonable and beneficial manner. There by the U.S. government for national is a clear distinction between the right parks, forests, and Native American to use water and the actual ownership reservations. These rights are “senior” to of water, as only the people of California all state water rights claims. can own water. Contract Rights Water districts Below is a summary of the major types signed contracts with the Central Valley of “water rights” governing water use in Project operated by the federal Bureau California: of Reclamation, and the State Water Riparian Rights enable a user to divert Project to deliver water to farmers, water water to land that borders a natural companies, and municipalities. Central water body, such as a lake, river, or Valley Project irrigation contracts are stream. Their exercise must not harm currently being renegotiated. any other riparian user, and they are not Groundwater Rights are prescribed lost by non-use. When water is scarce, all according to three legal categories riparian rights holders divide the available of groundwater: 1) water that flows

106 Thirsty For Justice: A People’s Blueprint for California Water APPENDIX C: OVERVIEW OF WATER DISTRICTS

There are over forty different California Water Districts Irrigation Districts Community Services District statutes that people or agencies Contra Costa Water District Palo Verde Irrigation District Shasta Community Service District may use to form a water district. Historical Origins: Created under Historical Origins: Created under Historical Origins: Created under This leads to a large variety in the California Water District Act of the Wright Act of 1887, the first the Community Services District Law structure and function. This table 1913. water district act in California. of 1951. provides a description of some of the most common types of water Current Function: To acquire, Current Function: To provide water Current Function: Created to districts. Note that since districts store and distribute water. Many for agricultural use, but may also provide an array of municipal governed by elected boards only have been formed to receive water be responsible for providing potable services, including water for allow registered voters to vote from the Central Valley Project and water to residents within the district. all purposes. Often formed in in water board elections, non- the State Water Project. They are found in agricultural areas. isolated, unincorporated areas that citizens are excluded from water have specific water needs that a Governance: Districts are formed Governance: Districts are formed decision-making processes. countywide system cannot provide. by landowners and governed by by landowners within the proposed boards of directors made up of district and governed by an elected Governance: Districts are formed landowners, who are elected via board of directors. by a petition of voters and governed property-weighted voting. by either elected or county- appointed boards of directors.

The Environmental Justice Coalition for Water 107 County Water District Municipal Water Districts Public Utility Districts Water Replenishment Water Agencies East Orange County Water Eastern Municipal Water District Bolinas Community Public Districts Metropolitan Water District District Utility District Southern California Water Replenishment District

Historical Origins: Created Historical Origins: Created Historical Origins: Created Historical Origins: Created Historical origins: Water under the California County under the Municipal Water under the California Public under the Water Replenishment agencies are created by specific Water Act of 1913. District Law of 1911. Utilities Act of 1912. Most were District Act of 1955 to address legislative acts; for example, the formed before the 1950’s. extensive groundwater Metropolitan Water District was Current Function: To provide Current Function: Manage overdraft. formed by the Legislature of the water to urban and suburban large water basins and delivery Current Function: Provide State of California in 1927. areas; the most common type systems. Many now sell water many public services, including Current Function: Recharge of independent district. to other, smaller water districts water. They are formed in groundwater basins that provide Current Function: Provide and systems in Southern unincorporated areas. drinking water by obtaining water management services Governance: Districts are California. supplemental water supplies. throughout urban and rural formed by a petition of voters Governance: Districts are The Southern California Water areas and counties. Agencies and governed by elected or Governance: Districts are formed by residents and Replenishment District is the often function as water appointed boards of directors. formed by the voters in the are governed by a board of only one that exists. wholesalers and purchase area and are governed by either directors appointed by local water from the Department of elected or appointed boards of officials. Governance: District was Water Resources or Bureau of directors. formed by registered voters in Reclamation, or develop their the area and is governed by an own supply and sell the water to elected board of directors. other, member water districts.

Governance: Districts are formed by a petition of a public agency, e.g., the City Council and are governed by an appointed board of directors; members of involved public agencies vote.

108 Thirsty For Justice: A People’s Blueprint for California Water APPENDIX D: AGENCIES THAT REGULATE WATER QUALITY AND MANAGEMENT

There are the five major regulatory water resources and ensuring proper The Department of Water Resources water utilities, which together serve bodies responsible for ensuring water distribution of these resources. The (DWR) operates and maintains the State approximately 20 percent of California’s supplied to Californians follow federal State Board works with nine Regional Water Project (SWP), which includes water users. and state guidelines. This reference tool Water Quality Control Boards to develop the California Aqueduct, which includes http://www.cpuc.ca.gov/static/index.htm highlights the stated goals and objectives and enforce water quality goals. Major developing and managing large water 505 Van Ness Ave. of these agencies and provides general responsibilities include developing Total delivery contracts. The State Water San Francisco, CA 94102 contact information. Maximum Daily Loads (TMDLs) for Project includes over 600 miles of canals (415) 703-2782 various contaminants found in water and pipelines, 33 dams and reservoirs, The Department of Health Services The San Francisco Bay-Delta bodies in their regions and issuing and 5 hydroelectric power plants. Water (DHS), through the Drinking Water Authority (CALFED) is a collaborative discharge permits for different types of districts use SWP water to supplement Program, is the state agency responsible effort between various state and water discharge. surface and groundwater resources, for ensuring that Californians have federal agencies. It was formed to http://www.swrcb.ca.gov primarily for irrigation and drinking safe drinking water. The agency create a comprehensive plan for the 1001 I Street water in larger municipalities. DWR also oversees more than 7,500 public water Bay-Delta that balances environmental, P.O. Box 100 works with local water districts on water systems in the state – ranging from agricultural, industrial and residential Sacramento, CA 95812 management, flood control, and water private corporations, to mutual water water uses. It has attempted to involve (916) 341-5615 use projects. companies, to public utilities. This means many stakeholders to address critical http://www.dwr.water.ca.gov that DHS is responsible setting and water management issues, such as Contact information for the California 1416 9th Street, enforcing drinking water regulations, the difference in actual water supplies Regional Water Quality Control Sacramento, CA 95814 known as Maximum Contaminant Levels and projected water uses in the Delta. Boards: Mailing Address: (MCLs), issuing fines and taking other While not a regulatory agency, it creates http://www.swrcb.ca.gov/regions.html P. O. Box 942836, compliance measures against public comprehensive management plans for North Coast Region 1: (707) 576-2220 Sacramento, CA 94236 water systems that are in violation of many of the state’s water resources. San Francisco Bay Region 2: (510) 622- (916) 653-5791 MCLs. http://www.calwater.ca.gov/ 2300 http://www.dhs.ca.gov/ps/ddwem/ The California Public Utilities AboutCalfed/AboutCALFED.shtml Central Coast Region 3: (805) 549-3147 technical/dwp/dwpindex.htm Commission (CPUC) is a state 650 Capitol Mall, 5th Floor Los Angeles Region 4: (213) 576-6600 1616 Capitol Ave., 2nd Floor agency that regulates investor-owned Sacramento, CA 95814 Central Valley Region 5: (916) 255-3000 Sacramento, CA 95814 utilities including water, wastewater, (916) 445-5511 Lahontan Region 6: (530) 542-5400 (916) 449-5576 telecommunications, and electric Colorado River Basin Region 7: (760) companies. The CPUC is responsible 346-7491 The State Water Resources Control for ensuring that private utilities provide Santa Ana Region 8: (909) 782-4130 Board (State Board) is charged with reliable service at reasonable rates. The San Diego Region 9: (858) 467-2952 monitoring the quality of California’s CPUC regulates a total of 200 private

The Environmental Justice Coalition for Water 109 APPENDIX E

Technical assistance providers Delano office: for local water concerns 1224 Jefferson St, Suite 25 Delano, CA 93215 California Rural Legal Assistance (661) 720-9140

Advocacy group with offices all over California Rural Community that provides legal assistance and community Assistance Corporation education to rural farm working communities on environmental and social issues. Provides technical assistance, training and resources on a variety of issues rural communities may face. http://www.crla.org RESOURCES Central San Francisco office: http://www.rcac.org/ FOR ADVOCATES AND 631 Howard Street, Suite 300 3120 Freeboard Drive, Suite 201 COMMUNITY GROUPS San Francisco, California 94105 West Sacramento, CA 95691 (415) 777-2752 (916) 447-9832

California Rural Water Association Self Help Enterprises

Provides technical assistance and training to rural Provides technical assistance to small, rural water and wastewater systems. communities in the San Joaquin Valley working to http://www.calruralwater.org/ develop water delivery and sewage systems and 1112 I St, Suite 200 housing resources. Sacramento, CA 95814 http://www.selfhelpenterprises.org/ Toll free (800) 833-0322 8445 W. Elowin Court P.O. Box 6520 Center for Race, Poverty and the Visalia, CA 93290 Environment (559) 651-1000

Provides litigation and technical assistance to North Valley Office: communities facing environmental health and 2413 W. Cleveland, Suite 101 justice issues. Madera, CA 93637 San Francisco office: (559) 675-1100 450 Geary Street, Suite 500 San Francisco, CA 94102 (415) 346-4176

110 Thirsty For Justice: A People’s Blueprint for California Water Advocacy and environmental California Environmental Center for Environmental Health Environmental Health Coalition Rights Alliance justice organizations Advocacy and research organization Organizing and advocacy group in Asian Pacific Advocacy organization in Los Angeles working on environmental and public San Diego that works on community Environmental Network that works on environmental health and health issues and ensuring corporate environmental and social justice issues. justice policy issues. accountability of polluters. www.environmentalhealth.org Advocacy group in Oakland that builds www.envirorights.org www.cehca.org 401 Mile of Cars Way Suite 310 networks of Asian-Pacific Islander P.O. Box 116 528 61st Street, Suite A National City, CA 91950 community groups and works on direct El Segundo, CA 90245 Oakland, CA 94609 (619) 474-0220 organizing campaigns to promote (310) 536-8237 (510) 594-9864 environmental and social justice in API Latino Issues Forum Californians for Pesticide Reform Communities for a communities. Research and advocacy organization Better Environment http://www.apen4ej.org Advocacy and research organization with offices in San Francisco, Fresno 310 8th Street, Suite 309 based in San Francisco that provides Advocacy, legal and research and Ontario that provides information Oakland, CA 94607 information on health affects of pesticide organization in Oakland and Los Angeles and education on how public policy in (510) 834-8920 exposure and pesticide policy and that promotes environmental health and California affects Latino communities. California Communities practices. justice in urban communities. www.lif.org Against Toxins www.pesticidereform.org www.cbecal.org 160 Pine Street, Suite 700 49 Powell St., Suite 530 Oakland office: San Francisco, CA 94111 Statewide coalition that provides San Francisco, CA 94102 1611 Telegraph Avenue (415) 284-7220 advocacy and technical assistance to (415) 981-3939 or Suite 450 Literacy for Environmental Justice communities working on environmental toll free (888) CPR-4880 Oakland, CA 94612 health and justice issues. (510) 302-0430 Education and organizing group in San Center for Community Action www.stoptoxics.org Francisco which focuses on urban and Environmental Justice Los Angeles office: P.O. Box 845 environmental education and youth 5610 Pacific Boulevard Rosamond, CA 93560 Organizing and advocacy group based in empowerment. Suite 203 (661) 273-3098 Riverside that provides information and www.lejyouth.org Huntington Park, CA 90255 assistance to community groups working 6220 Third Street (323) 826-9771 on environmental justice and public health San Francisco, CA 94124 issues. (415) 508-0575 www.ccaej.org P.O. Box 33124 Riverside, CA 92519 (951) 360-8451

The Environmental Justice Coalition for Water 111 La Union del Pueblo Entero (LUPE) http://www.citizen.org/california/ Urban Habitat Campaign for Safe and 1615 Broadway, Ninth Floor Affordable Drinking Water A non-profit organization founded by Research and advocacy organization Oakland, CA 94612 Cesar E. Chavez, rooted in the belief that based in Oakland that addresses issues Alliance of environmental, consumer (510) 663-0888 members of the low-income community of social and environmental justice from a and public health groups that provide have the responsibility and the obligation Silicon Valley Toxics Coalition regional perspective. national information on drinking water to organize themselves, and through http://www.urbanhabitat.org contaminants, water infrastructure, and Research, advocacy, and organizing their association, begin to advocate and 436 14th Street, Suite 1205 national water regulations. organization in San Jose that addresses articulate for the issues and factors that Oakland, CA 94612 http://safe-drinking-water.org/ human health and environmental problems impact their lives. (510) 839-9510 4455 Connecticut Avenue NW, caused by the rapid growth of the high- Suite A-300 www.lupenet.org tech industry General information and Washington DC 20008 P.O. Box 62 - 29700 Woodford-Tehachapi www.svtc.org (202) 895-0432 ext. 135 Road Old Highway 58 760 N. First Street resources on water quality, Keene, California 93531 San Jose, CA 95112 supply and use Clean Water Action Tel : (661) 823 6105 (408) 287-6707 American Water Works Association Research and advocacy group that works

TreePeople nationwide to develop, strengthen and Physicians for Social Responsibility Provides educational material on national defend water laws and protections. Los Angeles Chapter Education and urban reforestation water quality and utilities. www.cleanwateraction.org organization in Los Angeles that provides http://www.awwa.org/ San Francisco office: Research, policy and advocacy organiza- watershed education programs, tree 6666 W. Quincy Ave 111 New Montgomery St., Suite 600 tion that works on environmental and planting programs, and urban watershed Denver, CO 80235 San Francisco, CA 94105 public health issues. management programs. (303) 794-7711 or (415) 369-9160 www.psrla.org www.treepeople.org toll free (800) 926-7337 617 South Olive Street, Suite 810 12601 Mulholland Drive California Urban Water Conservation Los Angeles, CA 90014 Beverly Hills, CA 90210 Council (213) 689-9170 (818) 753-4600 Council of water agencies, public interest Public Citizen groups and private entities working to Research and advocacy organization in integrate urban water conservation into Oakland that provides information on and California water policy. fights corporate control of government http://www.cuwcc.org and natural resources in California and 455 Capitol Mall #703 internationally. Sacramento, CA 95814 (916) 552-5885

112 Thirsty For Justice: A People’s Blueprint for California Water East Bay Watershed Center Environmental Health Action U.S. Geological Survey Environmental Protection Agency Safe Drinking Water Water Resources Division Envirofacts Warehouse for Water Educational center based in Oakland working to promote local watershed Education and action center sponsored Conducts national and statewide Provides detailed information on stewardship and management by citizen by Physicians for Social Responsibility research and data collection on water companies discharging waste into groups, schools, planners, land owners, that provides national information on supply, quality and use. waterways and reported violations. businesses, and elected officials. environmental health issues. http://ca.water.usgs.gov http://oaspub.epa.gov/enviro/ http://www.merritt.edu/~envst/ http://www.envirohealthaction.org/water/ 6000 J street Placer Hall Room 4000 ef_home2.water watershed.html 1875 Connecticut Avenue, NW, Sacramento, CA 95819 12500 Campus Drive Suite 1012 (916) 278-300 Government and Oakland, CA 94619 Washington, DC 20009 water agencies (510) 434-3840 (202) 667-4260 Information on local (see also Appendix D) natural resources and their Pacific Institute Groundwater Resources Association of California contaminants Association of California Provides research and policy analysis Water Agencies on issues relating to development, the Research organization that disseminates Environmental Protection Agency Locate Your Watershed environment, and security. technical and educational material on Coalition of water agencies that provides statewide information on water supply, www.pacinst.org groundwater issues for policy-makers and Provides a watershed database with regulations, water quality and links to 654 13th St. the public. information local watershed locations, member agencies. Oakland, CA 94612 www.grac.org toxic releases and contact information www.acwanet.com (510) 251-2203 915 L Street, Suite 1000 for organizations and agencies working 910 K Street, Suite 100 Sacramento, CA 95814 locally. Public Trust Alliance (916) 446-3626 Sacramento, CA 95814 http://cfpub.epa.gov/surf/locate/index.cfm (916) 441-4545 Research organization that uses the Water Education Foundation public trust doctrine to advocate for Environmental Defense democratic management of natural Research group that provides information Fund’s Scorecard resources that are legally held in trust by on California water issues. Map Pollution in your Community the state of California for public benefit. www.watereducation.org Database that provides searchable, www.publictrustalliance.org 717 K Street, Suite 317 location-specific reports and maps on Rm. 290, Bldg. D, Fort Mason Center Sacramento, CA 95814 land, water, and air contaminants and San Francisco, CA 94123 (916) 444-6240 dischargers. (510) 644-0752 http://scorecard.org

The Environmental Justice Coalition for Water 113 California Environmental Protection United States Environmental Bayview Hunters Point Advocates Agency Environmental Justice Protection Agency, Region 9 Olin Webb Program (415) 671-2863 Responsible for enforcing Enforces Agency program developing environmental and public health laws North Richmond Shorline Open environmental justice policies to related to natural resources in the Space Alliance implement throughout the California Southwest U.S., including California. Whitney Dotson, Parchester Environmental Protection Agency. www.epa.gov/region09 Neighborhood Council http://www.calepa.ca.gov/EnvJustice/ 75 Hawthorne Street (510) 367-5379 P.O. Box 2815 San Francisco, CA 94105 Jonna Papaefthimiou, Sierra Club Sacramento, CA 95812 (866)-EPA-WEST or (415) 947-8000 (510) 848-0800 (916) 445-9480 BayKeeper Groups profiled in this report California Office of Environmental www.baykeeper.org Health Hazard Assessment Butte Environmental Council Sejal Choksi Lynn Barris Baykeeper & SF Bay Chapter Director Assesses public health risks from air www.becnet.org Baykeeper and water pollution, food and seafood 116 W. Second Street, #3 55 Hawthorne St. Suite 550 contamination, and pesticides. Chico, CA 95928 San Francisco, CA 94105 http://www.oehha.ca.gov/water.html (530) 891-6424 (415) 856-0444 1515 Clay Street, Suite 1700

Oakland, CA 94612 Comite Pro Uno (510) 622-3200 Felipe Aguirre, Legal Advocate 4020 E Flavson Ave Mid-Pacific Region of the Bureau of Maywood, CA 90270 Reclamation, U.S. Department of the (323) 560-8690 Interior. Karuk Tribe Federal agency that manages the Central Craig Tucker, Klamath Campaign Valley Project and provides news and Coordinator information on water supply. (916) 207-8294 http://www.usbr.gov/mp/index.html Ron Reed, Department of Natural 2800 Cottage Way Resources Sacramento, CA 95825 (530) 627-3116 (916) 978-5000

114 Thirsty For Justice: A People’s Blueprint for California Water agricultural discharge waivers: water supplies in California and restore Exemptions granted to farmers and the ecosystem of the San Francisco Bay- agribusiness in 1982 by the Central Valley Sacramento/San Joaquin River Delta Regional Board that exempted agricultural watershed. dischargers from the reporting and per- mitting requirements of California’s Clean California Environmental Quality Act Water Act. The waivers expired in 2003, (CEQA): (see Public Resources Code GLOSSARY but renewals—opposed by a coalition of section 2100 et.seq.) CEQA was passed over ninety groups—were granted for two into legislation in 1970. Among other more years. Agricultural drainage is the things, it requires all local, regional, and largest source of pollution for most of the state agencies to review environmental Central Valley’s waterways. impacts of proposed public or private developments and to advise or require aquifer: An underground bed or layer of alternatives or mitigation for environmen- sand, gravel, or porous stone that stores tally damaging projects. These findings water. for this review are stated either in an Environmental Impact Report (EIR) or a bioaccumulation: An increase in the Negative Declaration. concentration of a substance in a living organism over time; occurs when an carcinogen: Any substance that can organism takes in contaminated air, water, cause or aggravate cancer. or food containing substances that are very slowly metabolized or excreted, and Central Valley Project (CVP): A fed- can affect the health and functioning of eral water storage and distribution project the organism. managed by the Bureau of Reclamation. The project’s dams, reservoirs and aque- brownfield: A vacant or underutilized ducts irrigate California’s Central Valley site, or a portion thereof, that has actual and create water storage infrastructure, or perceived contamination and an active such as dams and reservoirs. The project potential for redevelopment or reuse. stores and distributes about 20 percent of California’s developed water. CALFED Bay-Delta Program: A collaborative effort of over twenty state and federal agencies and stakeholders to develop a long-term plan to improve

The Environmental Justice Coalition for Water 115 chronic exposure: Long-term, low- discharge: Flow of surface water in a groundwater: The supply of fresh water construction, dams, channels, land dis- level, continuous exposure to a toxic stream or canal or the outflow of ground found beneath the Earth’s surface, usu- posal, saltwater intrusion, and city streets. substance that usually occurs through a water from a flowing artesian well, ditch, ally in aquifers, which supply wells and significant portion of a lifetime. or spring; can also apply to discharge springs. Because ground water is a major pathogens: Microorganisms that can of liquid effluent from a facility or of source of drinking water, there is growing cause disease in other organisms or in Clean Water Act: Enacted in 1972, it chemical emissions into the air through concern over contamination from leach- humans, animals and plants (e.g., bacteria, establishes the basic structure for regulat- designated venting mechanisms. ing agricultural or industrial pollutants or viruses, or parasites) found in sewage, in ing discharges of pollutants into water leaking underground storage tanks. runoff from farms or rural areas popu- bodies in the United States. The Act gave environmental justice: The fair lated with domestic and wild animals, the Environmental Protection Agency the treatment and meaningful involvement industrial agriculture: A large-scale, and in water used for swimming. Fish and authority to implement pollution control of all people regardless of race, color, mechanized, corporate-run, export-ori- shellfish contaminated by pathogens, or programs, such as setting wastewater national origin, or income with respect ented, monoculture agricultural system the contaminated water itself, can cause standards for industry. The Clean Water to the development, implementation, dominant in the U.S. and California; char- serious illness. Act is used to set water quality standards and enforcement of environmental laws, acterized by large acreage, soil erosion, for all contaminants in surface waters. regulations and policies. Fair treatment use of synthetic pesticides and fertilizers, point source: A stationary location In California, industrial pretreatment means that no group of people, including and a dependence on low-wage, immi- or fixed facility such as an industry or programs are implemented under the racial, ethnic, or socio-economic groups grant labor. municipality that discharges pollutants Clean Water Act to control the discharge should bear a disproportionate share of into air or surface water through pipes, of toxic substances, and thereby protect the negative environmental consequences maximum contaminant level (MCL): ditches, lagoons, wells, or stacks; a single sewer systems, treatment plants, sludge, resulting from industrial, municipal, and The maximum permissible level of a identifiable source such as a ship or a and receiving waters from toxic con- commercial operations or the execution contaminant permitted by the federal mine. tamination. Since 1987, the Clean Water of federal, state, local and tribal programs and state Drinking Water Act regulations. Act has required each state to develop and policies. MCLs are established by the state’s De- Porter-Cologne Act of 1969: Desig- a non-point source program. The State —Environmental Protection Agency partment of Health Services for individual nates the State Water Resources Control Water Resources Control Board holds contaminants. Board with the ultimate authority over this responsibility in California. environmental racism: Refers to any state water rights and water quality policy, practice, or directive that has non-point source (NPS): Diffuse pollu- policy. It also establishes nine Regional cumulative effects: The summation of the deliberate or unintended effect of tion sources (i.e., without a single point of Water Quality Control Boards to oversee exposures of an organism to a chemical differentially disadvantaging individuals, origin or not introduced into a receiving water quality on a day-to-day basis at the over a period of time. Adverse effects can groups, or communities based on race or stream from a specific outlet). The pollut- local/regional level. result from individually minor but collec- color. Environmental racism is often insti- ants are generally carried off the land by tively significant actions taking place over tuted by the government and reinforced storm water. Common nonpoint sources privatization: The process of shifting a period of time. by legal, economic, political, and military are agriculture, forestry, urban, mining, the operation or ownership of a service policies. and its infrastructure to the private sector.

116 Thirsty For Justice: A People’s Blueprint for California Water property-weighted voting: A voting public trust doctrine: A legal prin- standards for drinking water to protect urban. In terms of a geographical place, system in water districts whereby voting ciple that holds certain resources, such against both naturally-occurring and urbanization often means increased rights and power are based on how much as water and wildlife, are the property man-made contaminants that may be density of settlement and/or business and what types of property one owns. of all residents and the state must hold found in drinking water. and other activities in the area over time. such resources in trust for the benefit of Urbanization has profound effects on a Propositions 12 and 13 (2000), the people. It was incorporated into the State Water Project (SWP): A series region’s economy and ecology. Proposition 40 (2002): Public bonds Californian constitution in 1928. of bond-funded California water delivery passed to improve water quality in rivers, projects which transport water from urban sprawl: The expansion of a lakes, and streams; ensure clean drinking redlining: The figurative or literal pro- Northern California to Southern Califor- metropolitan area, particularly its suburbs, water; protect beaches and coastal areas cess of drawing red lines on maps around nia. The project was authorized in 1960 over a large area. New development is threatened by pollution; improve air qual- areas to which lenders refuse to make by the Burns-Porter Act, which estab- often low-density with growth directed ity; preserve open space and farmland loans, or make loans on less favorable lished a bond to finance the construc- outwards from a metropolitan center. threatened by unplanned development; terms. It allows lenders to refuse to serve tion of several major dams, reservoirs, protect wildlife habitat; restore historical particular geographical areas because of aqueducts, and levee facilities in the Water District Act of 1913: Authorizes and cultural resources; and repair and the race or income of the area’s residents. Sacramento-San Joaquin Delta. Today, water districts governed through property improve the safety of state and neighbor- the State Water Project includes twenty- weighted voting; created by landowners hood parks. remediation: Cleanup or other methods two dams and reservoirs. as a response to the Wright Act. used to remove or contain a toxic spill Proposition 50 (2002): A general or hazardous materials from a Superfund Superfund program: The federal gov- water marketing: The buying and sell- obligation bond to fund a variety of water site or other contaminated site. ernment’s program to locate, investigate ing of water; in California water market- projects including: specified CALFED and clean up the worst uncontrolled and ing often involves the transfer of water Bay-Delta Program projects including ur- runoff: Precipitation, snow melt, or ir- abandoned toxic waste sites nationwide. from agricultural to urban users. ban and agricultural water use efficiency rigation water that runs off the land into It is administered by the Environmental projects; grants and loans to reduce streams or other surface water. It can Protection Agency; activities include watershed: The area that drains to a Colorado River water use; purchasing, carry pollutants from the air and land establishing the National Priorities List, common waterway, such as a stream, protecting and restoring coastal wetlands into the receiving waters. investigating sites for inclusion on the list, lake, estuary, or wetland. Also called a near urban areas; competitive grants for determining their priority, and conduct- drainage basin. water management and water quality Safe Drinking Water Act: Originally ing and/or supervising the cleanup and improvement projects; development of passed by Congress in 1974 to protect other remedial actions. river parkways; improved security for public health by regulating the nation’s state, local and regional water systems; public drinking water supply. The law urbanization: The increase in urban and grants for desalination and drinking requires many actions to protect drinking character or nature. It may refer to a water disinfecting projects. water and its sources. SDWA authorizes geographical area combining urban and the United States Environmental Protec- rural parts, or to the transformation of tion Agency to set national health-based an individual locality from less to more

The Environmental Justice Coalition for Water 117 wetlands: Those areas that are inun- dated or saturated by surface or ground water at a frequency sufficient to support vegetation typically adapted for life in saturated soil conditions. Wetlands gener- ally include swamps, marshes, bogs and similar areas.

Wright Act of 1887: The state legisla- ture’s first comprehensive enabling act for water district organization. The act authorized the first water districts, which were to be public irrigation districts, and allowed voting based on voter registra- tion. zoning: The ability of local governments to specify the use of property. It is used to control and influence development. For example, some areas of a neighborhood may be designated only for residential use and others for commercial use.

118 Thirsty For Justice: A People’s Blueprint for California Water Introduction Environmental Justice. July 2003, Appendix A, 3. 1 Monique Wilber, Californians Without Safe Water (Department of Water Resources 8 “First People of Color Environmental Statewide Water Planning, 2003), 5. Leadership Summit: Principles of Environ- mental Justice.” See Appendix A. 2 Torri Estrada, personal communication, 9 REFERENCES March 2005. 9 Ibid., Principle #7.

3 Federal Executive Order 12898 signed by 10 Gary Yamamoto, Department of Health President Clinton in 1994. Services, personal communication, 25 March 2005. Barbara Cross, Department of 4 Robert D. Bullard, People of Color Envi- Water Resources, office communication, 25 ronmental Groups (Atlanta: Environmental March 2005. Justice Resource Center, 2000), 9. 11 Aimee Suzara, “Reflections: A Filipina’s 5 Manuel Pastor, Environmental Justice: The Perspective,” Race, Poverty and the Environ- U.S. Experience. Paper prepared for the ment, X, no. 1, (2003): 18. International Conference on Natural Asset Building, Santa Cruz, California. December 12 Laura Pulido, “Development of the 2001, 3. ‘People of Color’ Identity in the Environ- mental Justice Movement of the Southwest- 6 Manuel Pastor, Environmental Justice: ern United States,” Socialist Review 96, no. 4, The U.S. Experience. Paper prepared for the (1998): 172. International Conference on Natural Asset Building, Santa Cruz, California. December 13 See: Juliet Ellis, Luke Cole and Ziba 2001, 2. Kashef, “Where Do We Go From Here? A Look At the Long Road to Environmental 7 Gregory King, “Addressing Environmental Justice,” Race, Poverty and the Environment, Justice in California” found in the Draft Rec- X, no. 1 (2003). ommendations of the Cal/EPA Advisory Committee on Environmental Justice to the Cal/EPA Interagency Working Group on

The Environmental Justice Coalition for Water 119 Chapter 1 Economy,” http://www.statehealthfacts. Fitzsimmons, Thirst for Growth: Water Policy (San Francisco: Latino Issues org/cgi-bin/healthfacts.cgi?action=profile Agencies as Hidden Government in Califor- Forum, 2003), 15. 1 David Carle, Introduction to Water in Cal- &area=California&category=Demograph nia (Tucson: University of Arizona Press, ifornia (Berkeley: University of California ics+and+the+Economy (25 April 2005). 1991), 89-104; Merrill Goodall, “Water in 21 See Tomas Almaguer, Racial Fault Press, 2004), 8, 10. California Agriculture,” (paper presented Lines: The Historical Origins of White Su- 10 Joel Diringer et al., Health in the at the conference “Water in California premacy in California (Berkeley: University Agriculture: Technology, Politics and 2 Carle, 90. Heartland: The Crisis Continues (Fresno: of California Press, 1994); Carey McWil- California State University, 2004), 14. People,” Sacramento, CA, 13 June 1991.) liams, Factories in the Fields: The Story of See the reviewer’s note available online at Migratory Farm Labor in California, 1935 3 See: Peter Gleick et al., Waste Not, Want 11 2000); Steven Street, Beasts of the Fields: servation in California (Oakland: Pacific Stats about California Agriculture,” 2002. A Narrative History of California Farm Institute, 2003), 2. www.cfbf.com (25 April 2005). 16 Brechin, 71. workers, 1769-1913 (Stanford, Stanford

12 University Press, 2004). 4 Norris Hundley, The Great Thirst: Cali- Laura Pulido, “Rethinking Environmen- 17 Public Policy Institute of California, fornians and Water, A History (Berkeley: tal Racism,” Annals of the Association of “Just the Facts: California’s Economy,” 22 Kate A. Berry, “Race for Water? Native University of California Press, 2001), 9, American Geographers, 90, no. 1 (2000), 22. October 2004, http://www.ppic.org/ Americans, Eurocentrism, and Western 11, 568. 13 Kevin McCarthy and Georges Vernez, content/pubs/JTF_EconomyJTF.pdf (25 Water Policy,” in Environmental Injustices, April 2005). Political Struggles: Race, Class and the Envi- 5 Immigration in a Changing Economy: Monique Wilber, Californians Without ronment, ed. David E. Camacho (Durham: Safe Water (Sacramento: Department of California’s Experience (Rand: MR854, 18 National Agricultural Statistics Service, Duke University Press, 1998), 104-108. Water Resources Statewide Water Plan- 1997), 1. http://www.rand.org/publica- “2002 Census of Agriculture – Volume ning, 2003), 2. tions/MR/MR854 (25 April 2005); Mike Davis, Ecology of Fear (New York: Vintage 1 Geographic Area Series,” United 23 Hundley, 61. Books, 1998), 123. States Department of Agriculture, 2002. 6 Ibid., 2 (25 April 2005). Water, Our Future: The Need for New Voices 7 Ibid., 2 Asian Pacific Environmental Network, in California Water Policy (Oakland: Pacific http://www.apen4ej.org/issues_api.htm 19 Ibid, “2002 US Census of Agriculture Institute for Studies in Development, 8 Department of Finance, Population Pro- (11 April 2005). – County Information, California 241,” Environment and Security and EDGE: jections by Race/Ethnicity for California and http://www.nass.usda.gov/census/cen- the Alliance of Ethnic and Environmental Its Counties 2000–2050 (Sacramento: State 15 Gray Brechin, Imperial San Francisco: sus02/volume1/ca/st06_2_002_002.pdf Organizations, 1997), 10. of California, 2004). Urban Power, Earthly Ruin (Berkeley: (25 April 2005). University of California Press, 1999), 71- 25 Pratap Chatterjee, Mercury Contamina- 9 The Henry J. Kaiser Family Founda- 71, 98-99; Robert Gottlieb and Margaret 20 Paola Ramos, Promoting Quality, Equity, tion and Community Health in Northern tion, “California: Demographics and the and Latino Leadership in California Water

120 Thirsty For Justice: A People’s Blueprint for California Water California (San Francisco: International 33 Rio Arriba County Case No. RA 84-53 Jonassohn, Genocide: Analyses and Case 47 Gerard Seenan, “U.S. tribes dance to Indian Treaty Council, n.d.), 8. (C), N.M. 1st Judicial District, 16 April Studies (New Haven: Yale University shame ScottishPower,” The Guardian, 24 1985. Press, 1990), 3-39, 195-203. July 2004. 26 National Park Service, “A History of Mexican Americans in California: Post- 34 “Waiahole Tunnel: A Drain On Wind- 41 Donald J. Pisani, Water, Land, and Law 48 Kevin Kennedy and Jim Woodward, Conquest California,” http://www.cr.nps. ward Resources,” Environment Hawaii, in the West: The Limits of Public Policy, Preliminary Assessment of Energy Issues gov/history/online_books/5views/ October 1994; Ann Bottocelli, “Wind- 1850-1920 (Lawrence: University of Associated with the Klamath Hydroelectric 5views5b.htm (25 April 2005); See also ward streams to get a boost” Honolulu Kansas Press, 1996), 157, 174-179. Project (Sacramento: California En- Leonard Pitt, The Decline of the Californios: Advertiser, 17 December 1994. ergy Commission, 700-03-007, 2003), 1. A Social History of the Spanish-Speaking 42 Pisani, Water and American Government, http://www.energy.ca.gov/reports/2003- Californians, 1846-1890 (Los Angeles: 35 In re Water Permit Applications Waia- 154-155. 07-15_700-03-007.PDF (18 February University of California Press, 1966). hole Ditch Combined Contested Cases, 9 2005). P 3d 409 (Hawaii, 2000). 43 Leaf Hillman and John Salter, “En- 27 Almaguer, Racial Fault Lines, 41. vironmental Management: American 49 Pisani, Water, Land and Law, 7-8. 36 Ibid. Indian Knowledge and the Problem of 28 California State Constitution, Article Sustainability,” Forest, Tree and People 50 Ibid., 11, 170. 10, Section 2, http:www.leginfo.ca.gov/. 37 Ibid. Cited in The Public Trust Doc- Newsletter # 34 (1997). www.xlibris. const/.article_10 (25 April 2005). trine: Hawaii’s Precious Water (Honolulu: de/magickriver/karuk.htm (18 February 51 Rudolph Lapp, Afro-Americans in Hawaii’s Thousand Friends, 2004) 2005). California (San Francisco: Boyd & Fraser, 29 One famous statement to this effect 1979). is Josef Stalin’s 1929 comment that 38 Donald J. Pisani, Water and American 44 Ron Reed, interview conducted by “Water which is allowed to enter the sea Government: The Reclamation Bureau, Amy Vanderwarker, 17 February 2005. 52 Almaguer, 70. is wasted,” quoted in Corporate Watch, National Water Policy, and the West, 1902- “Engineering the Ebb and Flow” (Oxford 1935 (Berkeley: University of California 45 Ibid. 53 Ibid., 11, 36. (UK): Issue 12, Summer 2000). Press, 2002), 2. 46 Kari Norgaard, The effects of an altered 54 Hundley, 85-87. 30 Street, 2004 and McWilliams, 1935. 39 Marc Reisner, Cadillac Desert: The diet on the health of the Karuk people: pre- American West and Its Disappearing Water liminary report (University of California, 55 Ibid., 87. 31 Tomas Almaguer, 73. (New York: Penguin Books, 1993), 152, 2004), 52. http://www.friendsoftheriver. 334-352. org/PressRoom/2005-01-31_KarukTribe. 56 Ibid., 97. 32 Michael Warburton, “Hawaii Case html (10 April 2005). Study,” office communication, 16 Febru- 40 For an analysis of the concept of geno- 57 Final Report of the Governor’s Commis- ary 2005. cide and its history in nineteenth-century sion to Review California Water Rights Law United States, see Frank Chalk and Kurt (State Water Resources Control Board,

The Environmental Justice Coalition for Water 121 Dec. 22, 1978), 18. http://www.swrcb. 63 Lapp, Afro-Americans in California. 74 John Driscoll, “Trinity advocates watch of ESTDs increased in a neighborhood, ca.gov/general/publications/docs/l584a. Central Valley contracts,” Eureka Times the overall health of the neighborhood pdf and http://www.swrcb.ca.gov/gen- 64 Gomez and Wong, 12. Standard, 16 February 2005. declined (e.g., median household incomes eral/publications/docs/l584b.pdf and the quality of education decreased, 65 Ibid., 11. 75 Steve Evans, “Shasta Dam Raise and while unemployment rates and poverty 58 Ellen Hanak, Who Should be Allowed to Reservoir Enlargement Factsheet,” (Sac- increased); and that, on average, there are twice as many ESTDs in federally-desig- Sell Water in California? Third Party Issues 66 Hundley, 239 and Final Programmatic ramento: Friends of the River, 2005). nated empowerment zones than there are and the Water Market (San Francisco: Pub- EIR/EIS (Sacramento: CALFED Bay outside their zones’ boundaries. lic Policy Institute of California, 2003), 9. Delta Program, July 2000), 5.4-12 76 Bettina Boxall, “Water Pact Give State’s Growers New Profit Stream,” Los Angeles 59 80 Pulido, “Rethinking Environmental See: Gray Brechin, Imperial San Fran- 67 Goodall, 1991. Times, 16 February 2005. cisco; Gray Brechin and Robert Dawson, Racism,” 16, 26. Farewell, Promised Land: Waking from the 77 68 Ibid. Daryl Kelley, “Tejon Ranch Contends it California Dream (Berkeley: University has Enough Water,” Los Angeles Times, 12 81 Lizette Hernandez, Torri Estrada and of California Press, 1999) and Stephanie Catalina Garzon, Building Upon Our 69 December 2004. Pincetl, Transforming California: A Politi- Ibid. Strengths: A Community Guide to Brown- cal History of Land Use and Development 78 Paul F. Minner and Antero A. Rivas- fields Redevelopment in the San Francisco 70 Dean MacCannell and Jerry White, (Baltimore: Johns Hopkins University plata, A Guide to Planning in California Bay Area (Oakland: Urban Habitat Pro- “The Social Costs of Large-Scale Agri- Press, 1999). (Sacramento: Governor’s Office of Plan- gram, 1999), 2. culture: The Prospects of Land Reform ning and Research, 1991), 2. 60 Walter Goldschmidt, As You Sow (Il- in California,” in Charles C. Geisler and 82 Miriam Walden, How did we get here? A Frank J. Popper, eds., Land Reform, Ameri- linois: The Free Press, 1947), 8. 79 A landmark study, “Urban Neighbor- regional history of the Bay Area (Oakland: can Style (Totowa, New Jersey: Rowman Urban Habitat Program, 2004), 8. & Allanhead, 1984), 39. hood Demographics Associated with 61 Dean MacCannell, “Industrial Agri- Environmentally Suspect, Tax-Delinquent culture and Rural Community Degreda- Properties: Equity and Redevelopment 83 Ruth Wilson Gilmore, “You Have Dis- 71 Ibid. tion [sic]” in Agriculture and Community Implications” by Nancey Leigh and lodged A Boulder: Mothers and Prisoners Change in the U.S., Louis E. Swanson, ed. Robert Gradeck, The Review of Black in the Post Keynesian California,” Trans- 72 (Boulder: Westview Press, 1988), 15, 17. Renee Sharp, California Water Subsi- Political Economy, 25, no. 1, (1996) 61-83, forming Anthropology, 8 (1999), 13. dies (Oakland: Environmental Work- examines the demographics of neighbor- 62 Kary Mamen et al., Ripe for Change: ing Group, 2004), 1. http://www.ewg. hoods in Milwaukee, Wisconsin, with 84 Beth Bagwell, Oakland: Story of a City Rethinking California’s Food Economy org/reports/watersubsidies/execsumm. “environmentally suspect, tax-delinquent (Novato: Presidio Press, 1982), 196. (Berkeley: International Society for Ecol- php> (25 April 2005). (ESTD)” properties (i.e., brownfields). ogy and Culture, 2004), 12. It reveals that African Americans are 85 Lawrence P. Crouchett, Lonnie Bunch 73 Dale Kasler, “Water worries never run disproportionately concentrated in III, and Martha Kendall Winnacker, dry,” Sacramento Bee, 14 March 2005. areas with ESTDs; that as the number

122 Thirsty For Justice: A People’s Blueprint for California Water Visions Towards Tomorrow: The History of 94 Gilmore, 13. 102 “Public Health Assessment: Pemaco York’s Lower East Side (New York: Black- the East Bay Afro-American Community Maywood, Maywood, Los Angeles well Publishers, 1994), 249. 1877-1977 (Oakland: Northern California 95 Pulido, “Rethinking Environmental County, California” (California Depart- Center for Afro-American History and Racism,” 30. ment of Health Services and Agency for 109 Olin Webb, interview by Amy Vander- Life, 1989), 10. Toxic Substances and Disease Registry, warker, 1 April 2005. 96 Michael Greenberg and Dona Sch- 19 February 2003), 3. (20 March 2005). York: Oxford University Press, 1985), 197. what was the question?” Social Science 111 Elisa Barbour, Metropolitan Growth 103 Medicine 39, no 2 (1994), 180. Ibid., 6. Planning in California, 1900 – 2000 (San 87 David M. Grant, Melvon L. Oliver, and Francisco: Public Policy Institute of Cali- Angela D. James, “African-Americans: So- 97 “Maywood, California,” City-Data. 104 Brownfield Redevelopment: Case Studies fornia, 2002), 12. ppic.org/content/pubs/ cial and Economic Bifurcation,” in Ethnic http://www.city-data.com/city/May- (San Francisco: California Center for R_1202EBR.pdf (25 March 2005). Los Angeles, Robert Waldinger, ed. (New wood-California.html (20 March 2005). Land Recycling, 2000), 10. York: Russell Sage Foundation Publica- 112 For a detailed history of how water tions, 1997), 380. 98 Felipe Aguirre, interview by Amy 105 Ibid., 14. was necessary to the growth of Califor- Vanderwarker, 18 March 2005. nian cities, see Marc Reisner, Cadillac 88 Joel Russell, “Overlay Zoning to Protect 106 Martha Matsuoka, Reintegrating the Desert. Surface Waters,” Planning Commissioners 99 Jennifer Shelton et al., Low-Level Flatlands: A Regional Framework for Journal, 54 (2004). http:www.plannin- Organic Compounds in Active Public Wells Military Base Conversion in the San Fran- 113 Barbour, 10. greports.com/wfiles/w192.html (5 April as Ground-Water Tracers in the Los Angeles cisco Bay Area (Oakland: Urban Habitat 2005). Physiographic Basin, California, 2000 (U.S. Program, 1995). 114 Gottlieb and Fitzsimmons, 211. Geological Survey, Water Resources 89 Pulido, “Rethinking Environmental 107 Investigations Report 01-4188, 2001), 26. Neil Smith, “New City, New Frontier: 115 Tapan Munroe and William Jackman, Racism,” 30. The Lower East Side as Wild, Wild The State of the Great Central Valley: As- 100 Alex Helperin, David Beckman, and West,” in Variations on a Theme Park: the sessing the Region via Indicators (Modesto: 90 Jackson, 203 – 207. Dvora Inwood, California’s Contaminated New American City and the Fall of Public Great Valley Center, 1999), 9, 37. Groundwater: Is the State Minding the Space, Michael Sorkin, ed. (New York: 91 Noonday, 1992), 84. Ibid., 217. Store? (San Francisco: Natural Resources 116 Glen Totten, “California Issues: A Defense Council, 2001), 35. Briefing on California Water Issues,” 108 92 Hernandez, Estrada, and Garzon, 6. Janet Abu-Lughod, “The Battle for (Water Education Foundation, March 101 Ibid., 35. Tompkins Square Park,” From Urban 2004), 9. http:water-ed.org/cabriefing.asp 93 Jackson, 190. Village to East Village: the Battle for New (4 March 2002).

The Environmental Justice Coalition for Water 123 117 Resources Agency, Flood Warnings: (9 April National Academy Press, 1992), 38. ramento: Department of Water Resource, 2005). 137 Juliette Beck, office communication, 22 2005), 1. 129 See “Analysis of Economic Impacts of March 2005. 124 Gibler, 15. Proposed Land Retirement in Westlands 118 Guy McCarthy, “Officials Deny Flood Water District: Final Report” and “Adden- 138 Conner Everts, personal communica- Blame, fingers point in wake of death of 125 “How It Works,” (Imperial Irrigation dum: Responses to Comments,” (United tion, 1 April 2005. woman, fetus,” San Bernardino Sun, 15 District, 1998). www.iid.com/aboutiid/ Farm Workers AFL-CIO; May 2003). March 2005. iidbackground.html (20 March 2005). 139 For more information about desalina- 130 Bill McEwan, “No Place to Call Home tion see: California Coastal Commission, 119 Ellen Hanak and Antonina Simeti, 126 Quantification Settlement Agreement on the West Side,” Fresno Bee, 26 October Seawater Desalination and the California Water Supply and Growth in California: (Sacramento: Imperial Valley Irrigation 2004. Coastal Act (Sacramento: California a Survey of City and County Land-Use District, the Coachella Valley Irrigation Coastal Commission, March, 2004) Planners (San Francisco: Public Policy District, the San Diego County Water 131 Juliana Barbassa, “Though land is Poi- (25 of Southern California, the San Luis Rey supplies,” North County Times, 15 March April 2005) and the Surfrider Founda- 120 Vic Pollard, “Groups Sue to Block Settlement Parties, the State of California, 2005. tion’s website: . 13 March 2005. Interior, October 2003), 10. http://www. 132 “Local Water Demons,” Butte Environ- saltonsea.water.ca.gov/crqsa/index.cfm mental Council, Spring 1999. http://www. 140 “Tapping the World’s Largest Res- 121 John Gibler, Water Heist: How Corpora- (25 April 2005). becnet.org/News/WaterDemons.html ervoir: Desalination” Water Education tions Are Cashing In On California’s Water (25 March 2005). Foundation, Jan/Feb 2003, 8. (Oakland: Public Citizen, 2003), 13. 127 “Imperial Irrigation District Water Conservation and Transfer Project, 133 Gregory Thomas, Designing Success- 141 For more on this issue, see Latino 122 See for example: Terry Anderson, California,” Federal Register Environmen- ful Groundwater Banking Programs in the Issues Forum, Power Against the People? “What Shortage? Water Markets Increase tal Documents (Washington, D.C.: U.S. Central Valley: Lessons from Experience Moving Beyond Crisis Planning in Califor- Water Supply,” EcoWorld: Nature and Environmental Protection Agency, 67, no (Berkeley: Natural Heritage Institute, nia Energy (San Francisco: Latino Issues Technology in Harmony, 25 October 2002. 217, 8 November 2002). http://www.epa. 2001), 31. Forum, 2001). http://www.lif.org/publi- http://www.ecoworld.org/Home/Ar- gov/fedrgstr/EPA-IMPACT/2002/No- cations/power_rpt.pdf (25 April 2005). ticles2.cfm?TID=327 vember/Day-08/i28507.htm (25 April 134 Ibid., 32. 2005). 142 Sam Miller, “Water Project up for Plan- 123 “In the Imperial Valley, working to 135 Lynn Barris, office communication, 28 ning Commission vote,” Orange County 128 make water transfer fair to all,” Envi- Committee on Western Water Man- February 2005. Register, 17 April 2003. ronmental Defense, 16 January 2004. agement, National Research Council, Water Transfers in the West: Efficiency,

124 Thirsty For Justice: A People’s Blueprint for California Water 143 Seawater Desalination and the California 4 Metropolitan Water District of Southern Equity, and Latino Leadership in California report on water privatization: http:// Coastal Act, 52. California, “About MWD,” available Water Policy (San Francisco: Latino Issues www.pacinst.org/reports/new_econo- online at: www.mwdh2o.com/mwdh20/ Forum, 2003), 43. my_of_water/ as well as Maude Barlow 144 Water Reuse Foundation, Project pages/about/about01.html (18 March and Tony Clarke, Blue Gold: The Fight to Profile, Water Reuse Economic Workshop 2005). 13 California Ground Water Conditions, Stop the Corporate Theft of the World’s Water Report (National Water Research Institute Ground Water Report to Congress (Wash- (New York: New Press, 2002). Stratus Consulting Inc. Project No. WRF- 5 Groundwater Management in California: ington, DC: Ground Water Protection 03-006, Product No. 03-006-01), 2. A report to the legislature pursuant to Senate Council, 1999), 15. 21 Peter H. Gleick et al. The New Economy Bill 1245 (1997) (Sacramento: Depart- of Water: The Risks and Benefits of Global- http://www.watereuse.org/pdf/pro- ment of Water Resources, 1999), 3. 14 Bulletin 118 California Groundwater Up- ization and Privatization of Fresh Water file_03006.pdf (1 May 2005). date 2003. (Sacramento: Department of (Oakland: Pacific Institute, February 6 Mizany and Manatt, A Citizen’s Guide, 3. Water Resources, 2003) www.groundwa- 2002), 39. 145 Peter Gleick, et al. Waste Not, Want ter.water.ca.gov/bulletin118/update2003/ Not, 1. 7 Special Districts: Relics of the Past or Re- index.cfm. pg 20 (March 15, 2005). 22 Maude Barlow, Blue Gold: The Global sources for the Future? (Sacramento: Little Water Crisis and the Commodification of Chapter 2 Hoover Commission, 2000), 11. 15 Ibid., 2, 96. the World’s Water Supply (San Francisco, International Forum on Globalization,

8 16 1999), 15. 1 This term was coined from Robert John Gibler, Water Heist: How corpora- Ibid., 113. Gottleib and Margaret Fitzsimmons, tions are cashing in on California’s water 23 Health effects of service disconnections Thirst for Growth: Water Agencies as Hidden (Oakland: Public Citizen, 2003), 2. 17 Groundwater Management, 15. in the UK are documented in House of Government in California (Tucson: Univer- Commons 8 May 1996: Column 151 Water sity of Arizona Press, 1991). 9 “California Judge Scraps Nestle Water 18 Ibid., 15. Deal,” San Francisco Chronicle, 24 March Meters. http://www.parliament.the-statio- nery-office.co.uk/pa/cm199596/cmhan- 2 2005. 19 Betty Brickson, J.K. Hartshorn, and Cleo Woelfle-Erskine and Laura Allen, srd/vo960508/debtext/60508-01.htm (28 Elizabeth McCarthy, A Layperson’s Guide Dam Nation: Dispatches from the Water February 2005). Also in Emanuele Lobina 10 Little Hoover Commission, Special to California Water (Sacramento: Water Underground (New York: Soft Skull, 2005). and David Hall, UK Water Privatization: Districts, 21-22. Education Foundation, 2000), 13. A Briefing (London: PSIRU, February 20 See the following online sources for 2001), 16-18. Water shut-offs were made 11 3 Kimia Mizany and April Manatt, What’s Ibid., 56-57. In 2000,the Goverment more information on water privatization: illegal in the UK by Water Industry Bill So Special About Special Districts? A Citi- Accanting Standards Board Implemented Public Citizen’s Water for All Cam- (Bill 1) 1998/1999, http://www.parlia- zen’s Guide to Special Districts in California, new reporting requirements for special paign, http//:www.wateractivist.org, ment.uk/commons/lib/research/rp98/ Third Edition (Sacramento: Senate Local districts. This may increase accountability International Forum on Globalization rp98-117.pdf (28 February 2005). Government Committee, 2002), 3. of water districts,but that has yet to be http://www.ifg.org/analysis/reports/bg- seen2 Paola Ramos, Promoting Quality, summary.htm and The Pacific Institutes’

The Environmental Justice Coalition for Water 125 24 Sarah Rubenstein, “City Blasts United 32 Manuel de la Fuente, “Presentation on corpwatch.org/article.php?id=11501, (26 45 Anne Pivey, Fairway Tract Water Water,” Atlanta Business Chronicle, 9 the struggle in Cochabamba,” presented March 2005). Company, interview by Amadis Sotelo August 2002, http://atlanta.bizjournals. at the World Social Forum, Porto Alegre, and Torri Estrada, Latino Issues Forum, com/atlanta/stories/2002/08/12/story1. January 2003. http://www.citizen. 38 Ramos, 43. July 2003. html (28 February 2005). org/cmep/Water/cmep_Water/reports/ bolivia/articles.cfm?ID=10608 (26 March 39 Committee on Small Water Supply 46 Drinking Water: Stronger Efforts Essential 25 Geoffrey F. Segal, “Many Questions 2005). Systems, National Research Council, Safe for Small Communities to Comply With Remain for Atlanta after United Water,” Water From Every Tap: Improving Water Standards (General Accounting Office, Reason Foundation, www.gppf.org/pubs/ 33 Frank Chavez, “Bolivian water Service To Small Communities. (Washing- RCED-94-40, 1994), 27. commentaries/2003/united_water.htm, rates hard to swallow,” Tierramerica, ton: National Academy Press, 1997), 7. (28 February 2005). 2005. (26 40 John Cromwell and Robert Raucher, National Characteristics, 6-1. 26 Rebecca Trujillo, interview by John March 2005). Comparative Advantages of Alternative Gibler, 27 March 2005. Forms of Public Ownership for Community 48 Torri Estrada, Paola Ramos, and Ama- 34 Jim Shultz, “The Politics of Water in Water Supply Systems (Boulder: Rural dis Sotelo, Where Does the Buck Stop? An 27 “Chualar CDP, Monterey County,” Bolivia,” The Nation, 28 January 2005. Water Partnership Fund, 2004), 12. Equity Analysis of State Funding Programs Central Coast Joint Data Committee. http://www.thenation.com/doc.mhtml?i and Their Effectiveness in Addressing Water http://www.centralcoastdata.org/public_ =20050214&s=shultz (26 March 2005). 41 National Research Council, Safe Water Issues in Low-Income Communities of Color html/census/ambag/cdps/Monterey/ from Every Tap, 26. in the Central Valley (Latino Issues Forum, Chualar/2000poprace (15 April 2005). 35 Jacques Paw, “Metered to death: how unpublished manuscript), 2. a water experiment caused riots and a 42 National Characteristics of Drinking Water 28 Draft Chualar Existing Conditions cholera epidemic,” The Center for Public Systems Serving Populations Under 10,000 49 Florez, “Where’s the Water?” Report, (n.p., n.d.), 3. Integrity, 5 February 2003. http://www. (Washington, D.C., EPA, 1999), 5-2. icij.org/water/report.aspx?sID=ch&rID= 50 Internet research and telephone 49&aID=49 (26 March 2005). 29 Larry Parsons, “Higher Water Bills Spur 43 Laura Florez, “Where’s the Water: interviews with Regional Board staffers Conservation Efforts,” Monterey County Tooleville residents have struggles with conducted 25 March 2005. 36 Herald, 23 November 2004. Dale T McKinley, “Running Dry: South water problems for years,” Visalia Times Africa’s water policy results in cutoffs, Delta, 3 August 2004. 51 Hyon B. Shin and Rosalind Bruno, 30 Virginia Hennessey, “Group Fights Cal- evictions and disease,” Race, Poverty and “Nearly 1-in-5 Speak a Foreign Language the Environment, XI, no.1, 2004. Am Merger,” Monterey County Herald, 14 44 Sanitary Inspection of Lake of the Woods at Home; Most Also Speak English ‘Very December 2004. Mutual Water Company (Bakersfield: De- Well,’ Census Bureau Reports,” Census 37 Quoted from Walter Turner, “Soweto partment of Health Services, 2004), 4. 2000 Briefs, 6 October 2003. http://www. 31 Ibid. Resists ANC Privatization Moves,” Africa census.gov/prod/2003pubs/c2kbr-29.pdf Today, 18 August 2004, http://www. (5 May 2005).

126 Thirsty For Justice: A People’s Blueprint for California Water 52 Ibid. 59 Recommendations of the Cal/EPA Advi- tion Agency, Washington, D.C., EPA230- 72 “Clean Water, Clean Farms Campaign sory Committee, 17-19. R-92-008, 1992), 3. fact sheet,” Clean Water, Clean Farms 53 To find a median household income, Coalition. http://www.cleanfarmsclean- there are eight different windows a user 60 The Model Plan for Public Participation 66 Alisha Deen, personal communication, water.org/agfacts.htm (25 April 2005). must navigate through. See www.census. (Washington, D.C., EPA, 1996, EPA-300- 8 April 2005. gov (15 April 2005). K-96-003). 67 “The Napa Agreement: Paper Dams 54 “Equivalent Level of Public Health 61 Alisha Deen, personal communication, for Paper Water,” Environmental Water Chapter 3 Protection Draft Decision Tree, CAL- 28 April 2005. Caucus fact sheet, 2004. On file at Public FED Drinking Water Subcommittee,” Citizen. 1 Paola Ramos, Promoting Quality, Equity, August 8, 2002, www.calwater.ca.gov/ 62 The Environmental Justice Subcommit- and Latino Leadership in California Water BDPAC/Subcommittees/DrinkingWa- tee operates entirely under the salary of 68 Sherry Padgett, testimony given to the Policy (San Francisco: Latino Issues ter/ELPH_Decision_Tree_8_28_02.pdf. its one staff member, while other CAL- California Assembly Committee on Envi- Forum, 2003), 31-32. (9 April 2005). FED programs have budgeted programs ronmental Safety and Toxic Materials and to push the subcommittee activities the California Assembly Select Commit- 2 California Assembly Bill 2342, (Jackson, 55 Alisha Deen, personal communication, forward. Ken McGee, office communica- tee on Environmental Justice Legislative 2004). http://info.sen.ca.gov/pub/03-04/ 28 April 2005. tion, 12 April 2005. See also CALFED Hearing, Richmond, CA, 6 November bill/asm/ab_2301-2350/ab_2342_bill_ Bay-Delta Program, 2004 Annual Report. 2004. 20040923_status.html (13 May 2005). 56 California Senate Bill 89 (Escutia, (Sacramento: CALFED Bay-Delta Pro- gram, 2005), 57. 69 2000), http://info.sen.ca.gov/cgi-bin/ Tom Frantz, Sharon Fuller, LaDonna 3 Margaret Reeves et al. Fields of Poison: postquery?bill_number=sb_89&sess=990 Williams, personal communication, 25 California Pesticides and Children (San 63 0&house=B&site=sen, (19 April 2005). 2004 Annual Report (Sacramento: April 2005. Francisco: Californians for Pesticide CALFED Bay Delta Program, 2004), 52. Reform, 1999), 4. 57 Final Report - Recommendations of the http://calwater.ca.gov/AboutCalfed/ 70 2002 Clean Water Act Section 303(d) List AnnualReport2004/04AR_pdf_OandC. Cal/EPA Advisory Committee on Environ- of Water Quality Limited Segments (Sac- 4 Brad Heavner, Toxics on Tap: Pesticides pdf mental Justice to the Cal/EPA Interagency ramento: State Water Resource Control in California Drinking Water Sources. (San Working Group on Environmental Justice Board, 2003). Francisco: California Public Interest 64 (Sacramento:Cal/EPA, 2003), 17-19. Monique Wilber, Californians Without Reseach Group Charitable Trust and http://www.calepa.ca.gov/EnvJustice/ Safe Water (Department of Water Re- 71 Terri Olle et al., Water Woes: An Analysis Californians for Pesticide Reform, 1999), Documents/2003/FinalReport.pdf (19 sources Statewide Water Planning, 2003) of Pesticide Concentrations in California 38. April 2005). 9, 30. Surface Water (San Francisco: California Public Interest Research Group and Pesti- 5 Ibid., 12. 58 Dr. Henry Clark, interview by Amy 65 Environmental Equity: Reducing Risk for cide Action Network Report, 2000). Vanderwarker, 23 March 2005. All Communities (Environmental Protec- 6 Ibid., 18.

The Environmental Justice Coalition for Water 127 7 United Farm Workers, Resolution #16, 13 Marla Cone and Lisa Getter, “Study limit for rocket fuel pollutant,” Associated 24 Richard E. Howitt and Charles V. presented by the National Executive Disagrees with EPA on Perchlorate: Press, 18 February 2005. Moore, “Water Management,” in John Board of the United Farm Workers of Scientists report says it poses a health Kirlin and Jeffrey Chapman, California’s America, AFL-CIO, Fourteenth Consti- risk but not at doses as low as the agency 19 “Fact Sheet on DOD Exemptions Policy Choices, Volume 9 (Los Angeles: tutional Convention of the United Farm had calculated,” Los Angeles Times, 11 from RCRA and CERCLA,” Committee University of Southern California, School Works of America, 5 September 1998. January 2005. www.latimes.com/news/ on Energy and Commerce Democratic of Public Administration, 1993), 139. local/la-me-perchlorate11jan11,1,6248 Staff, April 1, 2004. http://www.house. 8 Neil Dubrovsky et al., Water quality 04.story?coll=la-headlines-california, (3 gov/commerce_democrats/DODexemp- 25 Helperin, 39. in the San Joaquin-Tulare Basins, Cali- March 2005). tions/fact_sheet.1.htm. (2 April 2005). fornia 1992-95 (Washington, D.C.: U.S. 26 “Santa Monica Water Supply Threat- Geological Survey Circular 1159, April 14 Davin Diaz, interview by Amy Vander- 20 Ground Water Protection Council, Cali- ened by MTBE,” U.S. Water News Online 1998). http://water.usgs.gov/pubs/circ/ warker, 16 February 2005. fornia Ground Water Conditions, Ground July 1996, www.uswaternews.com/ar- circ1159 (9 April 2005). Water Report to Congress, (Washington, chives/arcquality/6smonica.html (6 April 15 “Bush Administration Again Seeks DC: October 1999). 2005). 9 Brian Medley, “Dairy wary activists Exemptions for Cleanup of Toxic make Sacramento Valley next battle- Rocket Fuel,” Environmental Working 21 Lisa C. Klinosky, Layperson’s Guide to 27 “Water Agencies Create Plan to fund ground,” Associated Press, 9 August 2004. Group Press Release, 20 April 2004. Drinking Water. (Sacramento: Water Edu- $320-million groundwater cleanup,” U.S. http://www.ewg.org/issues/perchlo- cation Foundation Sacramento, 1997), 13. Water News Online April 1999, www. 10 Gretchen Wenner, “Dairy may face rate/20040420/index.php (5 May 2005). uswaternews.com/archives/arcpolicy/ fines in dumping,” Bakersfield Californian, 22 For an in-depth discussion of this topic, 9watage4.html, (9 April 2005). 21 September 2004. 16 “Perchlorate in California Drinking see Helperin et al., California’s Contami- Water: Monitoring Update,” Department nated Groundwater: Is the State Minding the 28 California Assembly Bill 599 (Liu, 11 “Ground Water & Drinking Water: of Health Services. www.dhs.ca.gov/ps/ Store? (San Francisco: Natural Resources 2001). http://www.waterboards.ca.gov/ Perchlorate,” Environmental Protection ddwem/chemicals/perchl/monitoringup- Defense Council, 2001). gama/ab599.html (24 March 2005). Agency. www.epa.gov/cgi-bin/epaprint- date.htm (21 February 2005). only.cgi, (9 February 2005). 23 Karen Burow, Jennifer Shelton, and 29 Jim Mayer, Layperson’s Guide to Ground- 17 Cone and Getter, “Study Disagrees with Neil Dubrovsky, Occurrence of Nitrate and water (Sacramento: Water Education 12 “Rocket Fuel Waste Contaminates EPA on Perchlorate.” Pesticides in Ground Water Beneath Three Fund, 1998), 10 -11. Water Supplies For Thousands in Sacra- Agricultural Land-Use Settings in the East- mento County,” Environmental Working 18 “White House and Pentagon Bias ern San Joaquin Valley, California,1993- 30 Helperin, 75. Group California Policy Memo, 5 June National Academy Perchlorate Report,” 1995. (Denver: U.S. Geological Survey, 2001. Natural Resource Defense Council Press Water Resources Investigations Report 31 The Clean Water and Drinking Water Release, 10 January 2005, www.nrdc.org/ 97-4284, 1998), 44. Infrastructure Gap Analysis (Washington, medis/pressrelease/050110.asp (5 May 2005). John Heilprin, “EPA sets exposure

128 Thirsty For Justice: A People’s Blueprint for California Water D.C.: Environmental Protection Agency, tion for Water, 2005). www.ejcw.org. (5 Water?” www.epa.gov/safewater/dwh/ 50 Carole Goldberg and Duane Cham- EPA-816-R-02-020, 2002), 8. May 2005). health.html, (4 May 2005). pagne, A Second Century of Dishonor: Federal Inequities and California Tribes (Los 32 Dawn of the Replacement Era: Reinvest- 39 “Income and Poverty Level in 1999 44 “Nitrates in Drinking Water,” U.S. De- Angeles: University of California Los ing in Drinking Water Infrastructure (Den- for Places in Alameda to Fresno Coun- partment of Health fact sheet, 331-214, Angeles, American Indian Studies Center, ver: American Water Works Association, ties - 2000 Census.” State of California, 2004. http://www.doh.wa.gov/ehp/dw/ 1996), 58. See also: Kaiser Commission 2001), 11. Employment Development Department, Programs/nitrate.htm, (4 May 2005). on Medicaid and the Uninsured, “Health Labor Market Information Division, Insurance Coverage and Access to Care 33 Drinking Water Infrastructure Needs http://www.calmis.cahwnet.gov/file/ 45 Renee Sharp and Bill Walker, Is Water Among American Indians and Alaska Na- Survey, Second Report to Congress (Environ- demoinc/inc2000place1.htm, (4 May From Vending Machines Really “Chemi- tives” from E. R. Brown et al., Racial and mental Protection Agency, EPA 816-R- 2005). cal-Free”? (Oakland: Environmental Law Ethnic Disparities in Access to Health Insur- 01-004, 2001), 33-34, 37. Foundation and Environmental Working ance and Health Care (UCLA Center for 40 Paul Boyer, office communication, 25 Group, 2002), 12. Health Policy Research and The Henry J. Kaiser Family Foundation, 2000). 34 American Society of Civil Engineers, January 2005. “Infrastructure Report Card 2005: Califor- 46 Fran Burton, Deputy Director, Depart- 51 nia,” www.asce.org/reportcard/2005/, (6 41 Tina Eshaghpour, Confronting Toxic ment of Health Services. Letter to Sena- Tim Holt, “Crops Or Salmon: What April 2005). Contamination in our Communities: Women’s tor Richard Alarcon, July 26, 2004. Letter Will It Be?” Sacramento Bee, 30 June 2004; Health and California’s Future (San Fran- of opposition to Senate Bill SB 1302 (as Julie Johnson, “California Tribes Push For Higher Profile In Water Wars, Salmon 35 Caroline Farrell, office communica- cisco: Women’s Foundation of California, amended May 24, 2004), on file at Sena- Debate,” Pacific News Service, 2 June 2004. tion, Center for Race, Poverty and the 2003), 4. tor Alarcon’s office. Environment, 18 February 2005. 52 42 Roberta Wyn and Victoria Ojeda, 47 Ibid. Westlands Water Dist. v. Hoopa Valley Tribe, U.S. Ninth Circuit Court of Appeals, 36 Ramos, 23. Women’s Health Issues in California: Find- 13 July 2004, CV-00-07124-OWW. ings from the 2001 California Health Inter- 48 Ramos, 27-28. 37 See American Water Works Associa- view Survey (Los Angeles: University of 53 News Release, “McCloud River Indians tion, Dawn of the Replacement Era, 21; Of- California Los Angeles Center for Health 49 1997-98 Water Vending Machine Pilot Hold War Dance at Shasta Dam – Long fice of Water, Drinking Water Infrastructure Policy Research, 2003), 6. Study, Executive Summary (Los Angeles: Form.” http://winnememwintu.us/news_ Needs Survey, 17. Agricultural Commissioner/Weights and release_gary.html, (4 May 2005). 43 John Balbus and Martha Embrey, Measures Department, 1998), 1; 2000 38 “Proposal to allocate Proposition 50 Drinking Water and Disease: What Health Water Vending Machine Pilot Study, Execu- 54 “Winnemem Wintu H’up Chonas funds to continue the Infrastructure Care Providers Should Know, (Washing- tive Summary (Los Angeles: Agricultural – War Dance Frequently Asked Ques- Rehabilitation Program administered by ton: Physicians for Social Responsibility, Commissioner/Weights and Measures tions,” http://winnememwintu.us/Hup_ the Department of Water Resources” 2000); United States Environmental Department, 2000), 1. Chonas_FAQ.html, (4 May 2005). (Oakland: Environmental Justice Coali- Protection Agency, “What are the Health Impacts of Contaminants in Drinking

The Environmental Justice Coalition for Water 129 55 Cecilia Rasmussen, “L.A. Then And 62 Robert Perks, Rewriting the Rules, 3rd Resources Defense Council and the Clean tion Agency Sustainable Urban Environ- Now; Resort Was an Oasis for Blacks Un- Edition: The Bush Administration’s Assault Water Network, 2002), 16. ments Initiative, 2000), 3. http://www. til Racism Drove Them Out,” Los Angeles on the Environment (Washington D.C.: greenstart.org/efc9/publications/pdf/ Times, 21 July 2002. Natural Resources Defense Council, 66 Marla Cone, “Despite Clean Water Act bayviewHunters/SFBHPP_FR.pdf (5 2004), 38-43. upgrades, thousands are sickened each March 2005), 56 Allen Edson, “Why can’t communities year as waste from failing systems seeps get a Piece of The Pie,” Race, Poverty, and 63 Similar to air pollution trading schemes, into waterways, report finds,” Los Angeles 71 Metzger, “Community Based Water the Environment, XIII, no. 1 (2001), 18. water pollution trading systems can po- Times, 27 August 2004. Quality Sampling at Bayview-Hunters tentially impact low-income communities Point, San Francisco, CA..” 57 Based on calculations by Pacific Insti- and people of color by creating toxic “hot 67 SF Prospector, “Bayview District and tute, www.pacinst.org/topics/commu- spots.” See Richard T. Drury, Michael E. Hunters Point Demographic Informa- 72 PCBs can accumulate in the fat of fish, nity_strategies/richmond (25 April 2005). Belliveau, J. Scott Kuhn, & Shipra Bansal, tion,” http://www.sfgov.org/sfprospec- wildlife, and human beings. For this rea- Pollution Trading and Environmental tor (25 February 2005), cited in Eliot S. son, people should avoid eating fish from 58 Tomio Geron, “Richmond Activists Injustice: Los Angeles’ Failed Experiment Metzger, Sonya M. Havens, Vivian W. PCB contaminated waters. In addition, Fight for Wetlands, Open Space,” North in Air Quality Policy, 9 Duke Environ- Chang, Kathryn M. Clifton, Wade R. they should not consume the fatty parts Gate News Online, 28 October 2004. ment and Policy Form. 231 (1999); and, Peerman and John M. Lendvay, “Com- of fish, such as the skin, head, or internal “EPA’s Water Quality Trading Plan Wins munity Based Water Quality Sampling at organs, and should cook it in such a way Support,” Environmental News Service, 13 59 Background information was provided Bayview-Hunters Point, San Francisco, to allow fat to run off. For more informa- January 2003. http://64.233.179.104/ by Community Health Initiative of North CA,” paper presented at the National As- tion, go to http://www.oehha.org/fish. search?q=cache:s4lsvTVt5bgJ:www. Richmond, the Pacific Institute, and the sociation of Environmental Professionals, html and follow the various information ens-newswire.com/ens/jan2003/2003- Neighborhood House of North Rich- 28th Annual Conference “No Borders: links. 01-13-10.asp+Water+Pollution+Trading+ mond. One Globe, One Environment,” San Plan+Wins+Support&hl=en (25 February Antonio, Texas, 2003. 73 The mission of the CALFED Bay-Del- 2005). 60 See State Water Resources Control ta Program is to develop and implement 68 Board, “303(d) Summary tables, 2002,” E. Glaser, M.M. Davis and T. Aragon, a long-term comprehensive plan that will 64 Desk Guide: Environmental Justice in http://www.swrcb.ca.gov/tmdl/303d_ Cancer Incidence among Residents of the restore ecological health and improve Transportation Planning and Investments sumtables.html (4 May 2005). Bayview-Hunters Point Neighborhood, San water management for beneficial uses of (San Francisco: California Department of Francisco California. (San Francisco: De- the Bay-Delta System. Transportation, 2003), 18. partment of Public Health, 1998). 61 State Water Resources Control Board, 74 “Monitoring List, 2002,” http://www. “Wasco Backs Dairy Buffer,” The Bakers- 65 Nancy Stoner, Clean Water at Risk: A 69 swrcb.ca.gov/tmdl/docs/2002_mon_list_ Ibid. field Californian, 3 November 2004. 30th Anniversary Assessment of the Bush 020403.pdf (4 May 2005). Administration’s Rollback of Clean Water 70 Attracting Sustainable Redevelopment and 75 California Regional Water Qual- Protections, (Washington, D.C.: Natural Green Industries to Bayview/Hunters Point. ity Control Board, Santa Ana Region, (San Francisco: Environmental Protec- “Fact Sheet: General Waste Discharge

130 Thirsty For Justice: A People’s Blueprint for California Water Requirements for Concentrated Ani- 81 Chris Bowman, “Hilmar plant fined on the Racial and Socioeconomic Character- 90 Survey of Fishers on Piers in San Diego mal Feeding Operations (Dairies and over waste: Cal-EPA board levies a $4 istics of Communities with Hazardous Waste Bay, Results and Conclusions. (San Diego: Related Facilities) Within the Santa Ana million penalty on the cheese manufac- Sites (New York, Public Data Access, Inc., Environmental Health Coalition, 2005), Region,” Order No. 99-11, NPDES No. turer,” Sacramento Bee, 29 January 2005. 1987); Paul Mohai and Bunyan Bryant 1. http://www.environmentalhealth. CAG018001,” 1999. (eds.) Proceedings of the Michigan Confer- org/CBCPierFishersSurveyReport.htm (6 82 “Behind The Seal,” www.realcalifor- ence on Race and the Incidence of Environ- March 2005). 76 Sarah Ruby, “Will dairy influx foul niacheese.com/behindTheSeal/default. mental Hazards (Ann Arbor: University of Kern’s Water? Some fear explosion of cfm?sub=behindTheSeal&page=6&start= Michigan School of Natural Resources, 91 Public Summary of the San Francisco Bay cows, use of manure on crops may 1, (18 February 2005). 1990); Environmental Equity: Reducing Seafood Consumption Study (Richmond: threaten water quality,” The Bakersfield Risk for All Communities (Washington, California Department of Health Services Californian, 26 February 2005. 83 U.S. Census Bureau, 2000 Census, D.C.: Environmental Protection Agency, and San Francisco Estuary Institute, www.census.gov, (4 May 2005). EPA230-R-92-008, 1992). 2001), 11. 77 Robin Marks, Cesspools of Shame: How 87 Factory Farm Lagoons and Sprayfields 84 Rey Leon, Raquel Donoso, and Miguel Natural Resources Defense Council, 92 Sharon Fuller, interview by Amy Threaten Environmental and Public Health Rodriguez, New voices for change: Environ- “Contamination of Fish from San Fran- Vanderwarker, 16 February 2005. (Washington: Natural Resource Defense mental health issues in Latino communities cisco Bay: Findings at a Glance,” http:// Council and the Clean Water Network, of the San Joaquin Valley (Fresno: Latino www.nrdc.org/greengate/health/fishf.asp 93 Section 303(d) of the Clean Water Act 2001), 23. Issues Forum, 2004), 7, 10, 21. (4 May 2005). requires states to establish Total Maxi- mum Daily Loads of pollutants for waters 88 78 Physicians for Social Responsibility, 85 “San Francisco Estuary Institute, EPA Ted Schettler, Jill Stein, Fay Reich, that are impaired even after application of Oregon Chapter, “rBGH-free Oregon Release Report on Contamination of San and Maria Valenti, In Harm’s Way: Toxic pollution controls. For more information Campaign Fact Sheet.” http://www. Francisco Bay Fish,” EPA Press release, Threats to Child Development (Cambridge: see National Council for Science and the oregonpsr.org/csf/rbgh_fact_sheet.doc. 24 July 2003. http://www.sfei.org/inthe- Greater Boston Physicians for Social Environment, www.ncseonline.org/ (28 April 2005). news/Fishcontam2000_press.pdf (2 May Responsibility and Clean Water Fund, NLE/CRSreports/water/h2o-24cfm?&C 2005). See also Ben K.Greenfield et al., 2001), 11. FID=249871&CFTOKEN=68806862 (3 79 “California Animal Waste Manage- Contaminant Concentrations in Fish from March 2005). ment,” United States Environmental Pro- San Francisco Bay, 2000 (Oakland: San 89 Margy Gassel, Chemicals in Fish Report tection Agency Region 6: Animal Waste Francisco Estuary Institute, 2000), http:// No. 1: Consumption of Fish and Shellfish in 94 Examples of community data surveys Management, http://www.epa.gov/Re- www.sfei.org/rmp/reports/fish_contami- California and the United States, Final Draft include: Audrey Chiang, A Seafood Con- gion9/cross_pr/animalwaste/california. nation/2000/FishStudy_finalv3.pdf, (2 Report (Berkeley: Office of Environmental sumption Survey of the Laotian Community html (6 March 2005). May 2005). Health Hazard Assessment, 1997), 10. of West Contra Costa County, California http://www.oehha.ca.gov/fish/pdf/fish- (Oakland: Asian Pacific Environmental 80 Gretchen Wenner, “Manure, dairy 86 See Commission for Racial Justice, rpt.pdf ( 4 May 2005). Network, 1998.); Sharon Fuller, Ma’at issues raise legislator’s hackles in Wasco,” United Church of Christ, Toxic Wastes and Youth Academy: Fish Consumption Study for Bakersfield Californian, 2 November 2004. Race in the United State: A National Report Women and Children (Richmond: Ma’at

The Environmental Justice Coalition for Water 131 Youth Academy, 2005); Survey of Fishers Examination Survey, 1999-2000,” http:// 106 Alan Loomis, “The Los Angeles River: 112 Charles McCarthy, “Floods Drive on Piers in San Diego Bay, Results and www.cdc.gov/mmwr/preview/mmwrht- Past, Present, and Possibilities,” www. Huron City Leaders to Consider Suit,” Conclusions (San Diego: Environmental ml/mm5343a5.htm (3 March 2005). deliriousla.net/lariver/index.htm, (20 The Fresno Bee, 7 May 1998 Health Coalition, 2005). http://www. March 2005). environmentalhealth.org/CBCPierFish- 101 Environmental Health Coalition, 113 See Toronto’s waterfront revitalization ersSurveyReport.htm (4 May 2005). Survey of Fishers on Piers, 6. 107 Sprawl Hits the Wall: Confronting the program at http://www.city.toronto. Realities of Metropolitan Los Angeles (Los on.ca/waterfront/index.htm, (4 May 95 Pratap Chatterjee, Mercury Contamina- 102 Monterey County Office of Hous- Angeles: University of Southern Califor- 2005). tion and Community Health in Northern ing and Redevelopment, “Pajaro Draft nia, 2001), 9. California (San Francisco: International Community Plan: Principal Findings.” 114 Tom Schueler, “The Economics of Wa- Indian Treaty Council, n.d.), 8. (2002), 9-10. http://www.co.monterey. 108 Jennifer Price, “The South: From tershed Protection,” Watershed Protection ca.us/housing/pdf/PAJAROCOM- Downtown to Long Beach Harbor,” L.A. Techniques 2 vol. 4, 469-481. 96 Jim Brown III, Tribal Elder, interview MUNITYPLANPrincipalFindings.pdf (3 Weekly, 10 -16 August 2001. by Amy Vanderwarker, 23 April 2005. March 2005). 115 Pincetl et al., Toward a Sustainable 109 Miguel Bustillo, “Sun Valley sets out Los Angeles (Los Angeles: University of 97 Jacquelyn Ross, “Changing Waters,” 103 See Anu Mittal and Jeffrey Malcom, to Harness Rainfall,” Los Angeles Times, Southern California, 2003), 43. News from Native California. v 15, n 1, Fall Alaska Native Villages: Most Are Affected 6 June 2003. www.treepeople.org/vfp. 2001. www.heydaybooks.com/news/is- by Erosion, but Few Qualify for Federal As- dll?OakTree~getPage~&PNPK=119#Su 116 Robert Garcia, Erica Flores, Sophie sues/articles/15/1/Waters.html (3 March sistance (Washington: General Accounting npercent20Valley (7 March 2005). Mei-Ling, “Healthy Children, Healthy 2005). Office, GAO-04-042, 2003) for discus- Communities: Schools, Parks, Recreation, sions of economic, technical, and other 110 Quoted in Natasha Lee, “The 200- and Sustainable Regional Planning,” Ford- 98 An Ecological Assessment of San Diego barriers faced by communities of color to foot-long Sun Valley sinkhole has been ham Urban Law Journal 101 (2004), 119. Bay: A Component of the Bight ‘98 Regional federal flood and erosion control funding stabilized for now, buy city engineers say Survey. (San Diego: City of San Diego and programs. it will be fall before Tujunga Avenue re- Ocean Monitoring Program, 2003), 4. opens,” Los Angeles Times, 9 March 2005. www.waterboards.ca.gov/sandiego/pro- 104 Mike Davis, Ecology of Fear: Los Angeles www.latimes.com/news/loca/la-me- grams/baycleanup/executivepercent20su and the Imagination of Disaster (New York: sinkhole9mar09,0,3504510.story?coll=la- mmary.pdf (10 March 2005). Vintage Books, 1998), 69. home-local, (5 April 2005).

99 Personal communication, Albert Huang 105 John McPhee, from The Control of 111 Mark Grossi, “Creek Could be Bring- and Sonia Rodriguez, 2 February 2005. Nature in David L. Ulin ed., Writing Los ing Huron More Than Flooded Road Angeles: A Literary Anthology (New York: Mud From Annual Flows Laced With 100 Center for Diseases Control and Pre- The Library of America, 2002), 757. Asbestos,” The Fresno Bee, 25 May 1998. vention, “National Health and Nutrition

132 Thirsty For Justice: A People’s Blueprint for California Water