For Two California Communities, Solving Water Shortages Was Just the Beginning

The Human Story of Water in California

Water is the lifeblood of California.

The recent drought in California has officially ended, but water scarcity remains a challenge statewide. Given California’s geographic and demographic diversity, the causes of and solutions to water scarcity vary greatly. From coastal cliffs to desert plains, and from bustling metropolises to agricultural towns, local water challenges are as diverse as Californians themselves.

This Drinking Water Contaminant Index was developed by the California Office of Environmental Health Hazard Assessment.

This Drinking Water Contaminant Index was developed by the California Office of Environmental Health Hazard Assessment.

Perhaps no two communities differ more than Monterey County and Matheny Tract, one a fabled seaside community, the other a virtually unknown and unincorporated Central Valley community of a few hundred homes. When the California’s record-breaking drought hit in 2011, both communities found themselves facing some of the most urgent water crises in the state. Monterey was finally coming to terms with the fact that it needed to invest in desalination, water recycling, or more stringent conservation standards to support its growing population. Meanwhile, the residents of Matheny Tract had to stop drinking their water due to arsenic contamination, and waged a legal and political battle to receive assistance from the neighboring city of Tulare.

Monterey County (Central Coast) and Matheny Tract (Central Valley)

Monterey County (Central Coast) and Matheny Tract (Central Valley)

Today, both communities face new challenges: Monterey is bracing itself for a November ballot initiative that may revamp the county’s entire water system, while Matheny residents are leveraging their relationship with Tulare to obtain wastewater infrastructure. The aftermath of the drought shows that water challenges in California go beyond questions of simple supply and demand. Monterey County and Matheny Tract demonstrate the complexity of California’s water issues, but they also show that the story of water, is at its core, a story of people. Both communities are home to resilient residents who united in the face of natural, political, and corporate obstacles, to fight for the human right to safe, affordable, and clean drinking water.

Monterey

Monterey County

Monterey is a place of contrasts. It’s home to an assortment of sleepy, beach towns while also a buzzling tourist attraction. It’s a dreamy agricultural paradise and also a hub of America’s rural-urban inequality. It’s a place that exudes life with its rolling, green valleys, its seal-covered beaches, and its eccentric inhabitants that years ago inspired the acclaimed 1945 novel by John Steinbeck, Cannery Row. Today, however, Monterey County is also the home to a contested battle over access to water that has taken center stage in the life of many of its inhabitants.

The historic Cannery Row, captured in John Steinbeck's classic novel, is a popular tourist attraction

The historic Cannery Row, captured in John Steinbeck's classic novel, is a popular tourist attraction

For George Riley, a retired San Mateo county clerk and navy officer, Monterey’s water management system has become a focal part of his daily life. In 2013, Riley co-founded Public Water Now, a citizen-run group determined to nationalize the county by buying out the national private water distributor, CalAm.

Since 1995, CalAm has struggled to find a solution to a court mandate calling for an end of the company’s illegal overuse of the Carmel River. In the 23 years since the first court ruling, CalAm has proposed a series of plans to cut its dependency of the Carmel River. So far, a viable solution is still lacking. With a 2022 deadline fast approaching, however, others in the community have began proposing alternatives. The Monterey Peninsula Water District (MPWD), a state government agency, has developed a recycled water project that hopes to relieve some of urgency. Citizens like George Riley, however, see the state’s initiative as an opportunity for Monterey to gain independence from the Carmel River - and CalAm.

Chapter One: How We Got Here

Like many other instances of drought in California, Monterey’s own struggle for water began with the overuse of its primary water source. The Carmel River has provided water for Monterey County since 1921 with the completion of the San Clemente Dam. In 1949, city officials built a second dam, the Los Padres Dam, to meet rising consumer demand. The dam is located 6 kilometers south of the city of Carmel and when first put to operation, it could hold twice the amount of water than the original San Clemente Dam.

Both dams were bought by CalAm in 1966. Twelve years later, the community created the Monterey Peninsula Water Management District to regulate the growing demand for water. But by 1990, the demand had already exceeded supply. At the time, CalAm’s water portfolio included the two dams, pumped water from the Seaside Basin, and extraction from wells on the lower Carmel River - which alone accounted for 70% of all their water. Under the Memorandum of Agreement, CalAm had historically been allowed to pump between 14,106 to 16,863 acre-feet per year (afy) from the Carmel River. The Sea Water Basin provided an additional 3,849 afy. However, the loss of the dam’s storage capacity due to the accumulation of sediments over time, coupled with the county’s population growth led to the overdrafting of the Carmel River in 1995.

In July of that same year, the State Water Resources Control Board issued  Order 95-10, which restricted CalAm’s water rights from the Carmel River - including wells - to a mere 3,376 afy. Despite introducing a number of water conservation initiatives, the county failed to significantly decrease its water consumption. Over the next decade, CalAm continued to illegally extract water from its sources without significant reductions, which displeased a number of residents in Bayside, California.

In 2006, enough pushback led to a new ruling by the Monterey County Supreme Court that mandated that CalAm reduce its use of the Seaside Basin from 3,504 afy to 1,474 afy. CalAm faced another court defeat three years later when the Water Resources Control Board approved a cease and desist order that required an end to all illegal pumping of the Carmel River by January 1st, 2017.

CalAm submitted the Monterey Peninsula Water Supply Project (MPWSP) in 2012, a joint a proposal with the Marina Coast Water District and Monterey County District aimed at addressing the 2009 mandate. The initiative proposed building a desalination plant with the capacity of producing 9.6 million gallons of potable water a day for CalAm’s then 400,000 customers. The project failed to materialize, however, due to a corruption scandal involving some of CalAm’s project partners.

Later in 2012, CalAm proposed a second project, the Monterey Peninsula Water Project (MPWP). The new proposal included the creation  of a regulatory institution whose job it would be to ensure transparency and combat corruption, the Monterey Peninsula Regional Water Authority (MPRWA). MPWP de-scaled the original plan’s sole reliance on desalination by also including a water recycling and water storage initiative. With just five years until the 2017 deadline, however, the CalAm  petitioned for five-year extension. In July of 2016, the the Water Resource Board voted 5-0 in support of granting the extension.

Chapter Two: The Pure Water Project

Today, CalAm continues to be the primary distributor of water for the 600,000 residents of  Carmel-by-the-Sea, Carmel Highlands, Carmel Valley, Chualar, Del Rey Oaks, Highlands, Monterey, Pacific Grove, Pebble Beach, Sand City, Seaside, and various small communities along the Highway 68 corridor. While the deadline extension has bought CalAm time to refine its initial desalination initiative, the road hasn’t been easy.

In 2016, the MPWMD and Monterey One Water - both public agencies - introduced their own initiative aimed to address the water shortage that CalAm has been unsuccessful in resolving, Pure Water. The current Pure Water Monterey project is a recycling project to provide one-third of the water supply for the Monterey Peninsula and replenish groundwater. When asked about how the project will aid in the restoration of the Carmel River, Rachel Gaudoin, Public Outreach Coordinator of Monterey One Water, stated “The Pure Water Monterey project is a replacement water supply, in that once one gallon is injected into the aquifer, the private water utility, California American Water, has a right to extract one gallon”. The primary source of water for this project would be secondary treated wastewater. Additional sources would be a mix of agricultural drainage water, lettuce wash water, and urban stormwater runoff.  

A major success of this project is the improved relation between Salinas - the agricultural region of Monterey County - and urban Monterey. Unlike coastal Monterey, the Salinas Valley receives its water from the Salinas River. Many attempts have been made in the past to allow coastal Monterey access to the Salinas River. However, the agricultural population of Salinas has staunchly opposed. Pure Water has successfully established a partnership with the Salinas Valley, in which coastal Monterey will be granted access to agriculture return flows and lettuce wash water. Pure Water provides a win-win solution for both regions as it provides waste water to the coastal Peninsula in exchange for irrigation water for crops.

Chapter Three: CalAm's Desalination Project

For now Dave Stoldt, General Manager of MPWD, is unsure when CalAm’s proposed desalination project will begin but he is confident about the success of MPWD's Pure Water Monterey project. At the very least, Pure Water will reduce how large the desalination plant will have to be. Stoldt also worries that a viable solution to the water crisis is being further complicated by politics. For a desalination plant to work, Stoldt thinks more emphasis needs to start being placed on the engineering and technological side of the issue, rather than law and finance. Unfortunately, the reality of the project is very different.

Dave Stoldt, the General Manager of the Monterey Peninsula Water District believes that engineering is the true solution to Monterey's water challenges, rather than "politics and the courts."

Dave Stoldt, the General Manager of the Monterey Peninsula Water District believes that engineering is the true solution to Monterey's water challenges, rather than "politics and the courts."

For the desalination project to begin, a Certificate of Public Convenience and Necessity (CPCN) will have to be issued. Stoldt speculates that a few lawsuits are likely to come against CalAm afterwards which will stall the project for about 3-6 years. “We are concerned that the community will still have to  live under a moratorium on new connections ... in that scenario,” Dave states, “and if that happens, then very likely we're going to push for an interim alternative, which will be an expansion of Pure Water as a way to release this place from the moratorium from new connections and the cease and desist from the state. And then we can solve the next increment of water, probably desal... Buy that is using politics and the courts, that isn’t using engineering.”

Some residents who oppose the desalination plant argue that the project is a tool to expand the county’s population. Many fear that once the desalination plant is completed it will easily be expanded to fuel economic growth, which could irreversibly change the small-town feel of the community. For others, opposition rises from the high costs of CalAm’s water and skepticism of the organization’s ruling body. Public Water Now (PWN) is a citizen-ran organization whose mission is to reduce of the cost of the county’s water through the nationalization - they want CalAm out.

Chapter Four: Citizen Opposition

George Riley moved to Monterey 20 years ago, where he is now retired,  and has spent years educating himself on the inner workings of the county’s water management. In 2005, PWN tried to begin the process of nationalizing the district’s water but was unsuccessful in getting the initiative on the voting ballot. In 2014, following CalAm’s corruption scandal, PWN was finally able to introduce a proposal to the ballot but it didn’t pass as it only gather 45% voter support. But Mr. Riley isn’t giving up.

George Riley, the Executive Director of Pure Water Now, wants the people of Monterey to take control of their own water supply.

George Riley, the Executive Director of Pure Water Now, wants the people of Monterey to take control of their own water supply.

On November 18, 2018, PWN is leading a third attempt to get voters to support an initial assessment of the feasibility of buying out CalAm. While PWN does not currently have a strong assessment of the cost to acquire CalAm or of the pay off to users if public transfer occurs.  Current estimates are based on CalAm’s publicly available financial results and benchmarks on previous buyouts in other districts.

According to Dave Stoldts,  if the ballot initiative is passed, it will require a feasibility study to determine if public water takeover is economically feasible. However, he is skeptical that a tangible measure exists. Nevertheless, Stoldt believes that MPWD has the institutional resources to oversee the nationalisation process, albeit difficult, “It is a very nuanced process because Cal Am has assets in MC that are not within our jurisdiction and don’t represent the service territory that PWN is most concerned about, which is the six cities of unincorporated Carmel valley, called the Cal Am main system”.

Chapter Five: CalAm's Supporters

But not all Monterey citizens oppose CalAm’s management of the water distribution system.  With tourism making up a significant portion of the coastal region’s economy, the hospitality and restaurant sectors depend on a reliable and plentiful source of water. Many business owners in the county are thus willing to overlook the country’s high price for water in exchange for the dependability that CalAm offers - albeit, the high water costs are often footed by the customers and not the business owners. Despite the different factors at stake for business owners, many restaurants and hotels have joined the community’s efforts to conserve water. Restaurants, for instance,  do not serve customers water unless it is requested. And in many restrooms, signs hang explaining the importance of conserving water. Nevertheless, the November 18 ballot is already increasing tensions between citizens and the business elite.

Chapter Six: What's Next?

The concerns of the community are growing as the November 18 day approaches. Mr. Riley believes that the community has been let down by CalAm too many times. Many citizens feel cheated by the fact that despite the county’s major conservation efforts, CalAm has continued charging comparable amounts. This outrage has been further magnified by campaigns such as the one done by FoodWaterWatch, which claims that Monterey has the most expensive water in the country.

The battle over water and who gets to manage it is long from over. A transition to a publicly-owned system will require a lot more research and time. For now, citizens of Monterey County must wait until November to find out what the next step is in  addressing the decades-old water challenge will be.

Matheny Tract

Matheny Tract

"Behind all of the jargon, all of the issues, all of the challenges...are people. Real, human, people. It's not just about capital improvements...it's about supporting the work that wonderful people are doing on their streets and in their towns."

-Jessi Sneider, Self-Help Enterprises

Chapter One: The Setting

Matheny, also known as Matheny Tract, is a census-designated place just south of Tulare. In the mid-20th century, Matheny was settled by African American farmworkers who could not afford to settle in neighboring cities due to high housing prices and discriminatory real estate practices. Today, Matheny is home to around 1,200 residents, 73.4% of whom are Hispanic or Latino, and 30% of whom earn less than the federal poverty line. The community lacks basic infrastructure such as sidewalks, sewage, and street lights, and until 2016, residents did not have access to clean drinking water.

Chapter Two: Contaminated Drinking Water

For years, Matheny Tract’s 300 households could not drink their tap water due to elevated arsenic levels in their groundwater supplies. The arsenic, while naturally occurring, became increasingly concentrated due to excessive pumping by farmers during California’s 2012-2017 drought. Arsenic in drinking water has been correlated with cardiovascular and neurological diseases, as well as diabetes and a number of cancers. Additionally, water quality in Matheny Tract suffered from nitrate pollution, caused by fertilizer runoff from neighboring farms, and fecal bacteria contamination from leaching septic tanks. While residents could shower and clean with the water, they were forced to rely on bottled water for consumption. This posed a significant financial and psychological burden for the low-income residents, who knew that they needed to take action to force recognition from the State and local governments.

Irene, a resident of Matheny Tract, speaks about her family's experiences with arsenic contamination in their tap water.

Irene, a resident of Matheny Tract, speaks about her family's experiences with arsenic contamination in their tap water.

Chapter Three: Unincorporated Communities' Obstacles in Accessing Clean Drinking Water

Matheny Tract’s unincorporated status posed financial and political challenges to obtaining water access. Like other unincorporated areas in the Central Valley, Matheny Tract lacked the centralized government and technical expertise necessary to construct, operate, and maintain water treatment infrastructure. They also lacked the political clout necessary to elicit support from the neighboring city of Tulare.

Matheny Tract provides an example of the challenges that unincorporated communities more broadly face when navigating periods of water scarcity, and shows the power of local organizing to generate solutions for these communities.

Unincorporated communities must compete for water resources from a number of interests, including agriculture, residential, and commercial uses.  Agricultural operations constitute about 80% of water consumption in California, with the remaining water split between residential and commercial uses.

The oversized influence of agriculture operations poses additional water quality challenges. For years, the agricultural industry has been exempt from regulations over the surface and groundwater pollution generated by excessive fertilizer and pesticide application. As regional water boards have attempted to protect water resources by imposing waste discharge requirements, agricultural entities have continued to lobby at the the regional and state level to limit regulatory oversight. This has led to the continued degradation of water resource statewide, and has disproportionately impacted low-income communities in that drink directly from groundwater wells, and that lack the funding and expertise necessary to operate water treatment facilities.

Funding is a major obstacle for small communities such as Matheny Tract. Unincorporated communities often consist of low-income residents who, without a centralized government, cannot levy taxes. They must rely on support from state bonds, which create pools of funding that expire after a few years-  making it difficult to fund long-term projects. Additionally, money is generally only offered for upfront construction costs, and not the operations and maintenance costs that are essential to keep infrastructure projects running. Finally, it can be difficult to find the resources to apply for funding, especially when the county government refuses to do so. When water infrastructure exists, these small communities lack the ratepayer base to distribute the cost of the infrastructure.

Chapter Four: Potential Solutions for Unincorporated Communities

Given the numerous obstacles faced by unincorporated communities, a number of solutions are necessary to give these communities access to clean, safe, and affordable drinking water.  One solution posed by nonprofits in the Central Valley is to increase both short-term and long-term funding. During the drought, the Governor declared a state of emergency, which led to the availability of funds for these communities to get emergency access to clean water.  This money was used many communities to access short-term solutions, such as purchasing tanks for individual households. Given that the state of emergency has ended, this funding is set to expire at the end of June 2018. However, these communities still lack the water infrastructure necessary to provide residents with water without these tanks.  Increased short-term funding is necessary to give these communities access to immediate sources of water while more long-term solutions are pursued.

In addition to funding for immediate solutions to water shortages, money also must be made available for longer term infrastructure solutions.  While California voters have consistently passed bond measures to support upfront construction costs for several years a time, a more stable funding source needs to be made available for long-term infrastructure projects in these communities.  This funding should be available for both capital and operations and maintenance costs for these projects. To that end, a bill has been proposed in the California Senate that would create a Safe and Affordable Drinking Water Fund. SB 623 would be financed by a variety of sources, including a fertilizer fee, a dairy fee, and a fee on all water bills.  This funding would be available for both construction and operations and maintenance costs to provide water to people throughout California. One concern with this piece of proposed legislation is that it has provisions that essentially grants immunity to agriculture with respect to water quality regulations. Thus, if the bill passes, farmers in California would become exempt from a number of regulations that they must follow to limit the water pollution in the first place.

Two additional avenues that unincorporated cities can pursue are  are consolidation and annexation. Consolidation refers to when a municipal service in an unincorporated area is connected with the municipal service provision in a nearby incorporated area. For example, Matheny Tract consolidated its water system with the City of Tulare, and thus was able to plug into Tulare’s water supply.  However, as indicated by the story of Matheny Tract, cities and other providers of municipal services often do not want to consolidate with local unincorporated areas. Senate Bill 88 was passed to solve that problem. This law allows the State Water Resources Control Board to force mandatory consolidation of water services under certain conditions.

Another potential solution for unincorporated communities is to be completely annexed into nearby cities. The major benefit of annexation is that the city must then share all of the municipal services that it provides to its residents. However, some areas, including some residents of Matheny Tract, are reluctant to become annexed to nearby cities because annexation would force them into compliance with city codes. This would prevent many of the people in Matheny Tract, for example, from continuing to keep chickens and other animals in their yards.

Chapter Five: Citizen Engagement as a Solution in Matheny Tract

The Matheny Tract Committee is a local citizen group in Matheny Tract. The Committee organized the community to get access to clean drinking water. This strategy included community organizing, litigation against the City of Tulare, and legislative advocacy in Sacramento to secure the passage of SB 88.

This strategy was ultimately successful. The State used its new authority under SB 88 to force the City of Tulare to consolidate its water system with Matheny Tract after the City of Tulare backed out of the original contract. As a result, the community of Matheny Tract gained access to Tulare's clean drinking water in June 2016.

Irene hopes that more Californians learn about Matheny Tract's long battle to access clean water

Irene hopes that more Californians learn about Matheny Tract's long battle to access clean water

Chapter Six: What's Next

Despite successfully connecting to the City of Tulare's drinking water system, Matheny Tract's water problems have not disappeared. The community still lacks adequate wastewater and sewage infrastructure. The Matheny Tract Committee is working hard to address this problem. It hopes to replicate the strategy it used to achieve clean drinking water to connect into the City of Tulare's wastewater system.

More broadly, perhaps the biggest challenge for unincorporated communities is recognition. “Both in rural and urban areas in California, I think there’s a general lack of knowledge of the real conditions that are there, and how badly our political systems have done at representing them,” says Ashley Thompson from Leadership Council for Justice and Accountability. “I think it’s really important for people to try to watch out when information like this comes out, learn about it, and do what they can to support those on the ground who are doing the work...because there’s not enough resources dedicated to it.”  Californians should be aware that the fruits and vegetables that they enjoy leave lasting impacts on land, water, and human bodies in the Central Valley. It is essential for voters to look at the positions of political candidates on these issues, to ask their legislators to take action on these problems, and to reflect on the power and privilege behind something as simple as tap water.

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