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.