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Craig's avatar

I suggest an environmental legal challenge to reduce wasteful overconsumption of Colorado River water by the cattle and water-thirsty feed crop industries in the Imperial Valley. The Salton Sea and surrounding region is increasingly contaminated by toxic agricultural runoff, at times causing catastrophic algae blooms killing fish and migrating birds, and skyrocketing rates of childhood asthma. Phosphorus is the primary cause of toxic algae blooms in waterways. And manure contains high concentrations of phosphorous. So, why are public authorities permitting Concentrated Animal Feeding Operations (CAFOs) to be sited near the landlocked Salton Sea? For example, near Calipatria and less than a mile from the Sea is a CAFO operated by the Brandt Cattle company. It’s adjacent to the Alamo River flowing into the Sea. The company is obviously concerned to prevent public awareness, even posting a sign prohibiting photography on the public road (Brandt Road) running through the CAFO.

Text copied from the sign:

BRANDT

COMPANY, INC.

NO UNAUTHORIZED

PHOTOGRAPHY OR VIDEO

VIOLATORS WILL BE PROSECUTED

PRIVATE PROPERTY

• NO TRESPASSING

• ALL VISITORS MUST CHECK IN AT OFFICE

THESE PREMISES ARE UNDER VIDEO SURVEILLANCE

Jon Marvel's avatar

One solution to the Colorado River water crisis is for the Upper and Lower Basin States to start charging per acre-foot of water use instead of giving the water away for free. All the prior-appropriation western States own the surface and ground water in their State and authorize water rights to be used by agricultural (always the largest water use) for specified beneficial uses like irrigation of crops for a particular time every year according to the particular water right's historic adjudicated priority.

In Idaho, where I live, the State has the authority to charge water users but chooses not to do so. Idaho also has the highest per capita diversion and use of water in the entire country and a modest annual charge by the State of Idaho of $3 per acre foot of any water right would raise over $60,000,000 per year and easily pay the entire annual budget of the Idaho Department of Water Resources. States could set water pricing in a way to incentivize conservation of water and reduce annual use dramatically through their use of pricing as a market-based solution to slow or end declining surface and ground water. The pricing system could vary according to the type of use and could be designed to minimize use for large but non-essential uses like hay and other forage crops while encouraging water use for human food production and drinking water.

Charging appropriately for water use reflects that water has much higher value than acknowledged by the prior-appropriation system and has always been undervalued in our arid landscapes.

Current negotiations between Upper and Lower Basin States in the Colorado River watershed to solve the ongoing water crisis, should could include encouraging States to start charging users per acre-foot of water use.

Of course water in the west is also a deeply political matter and a pricing change of any kind for vested water rights would bring all the entrenched water buffaloes out to complain about any State approved price for water.

Still the current westwide water crisis should be a catalyst to overcoming those seeking to maintain the clearly failing status quo.

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