Technology Has Role to Play in Water Debate

May 1st, 2015

This month’s WG&S deals with the topic of water.  It is a topic on the forefront of everyone’s mind as California is in its fourth consecutive year of drought and the water shortages faced by the state gin up arguments about who is at fault and what constituency will have to “give” (water) in order to weather this lack of storms.

WG Government Affairs teams in Sacramento and Washington, D.C., (who are among the best and brightest water policy experts in the agricultural sector) have to navigate those divisive arguments, punctuated by frequent inaccuracies and misperceptions, as we all work toward more assured long-term water supplies for the three major water users (environment, agriculture and urban) in this state.  But science and technology has a part to play as well.  There are a variety of issues that are ripe for technology in the areas of precision, efficiency, monitoring, alternative sources, etc., that may contribute to agriculture’s constant effort to produce more food using fewer resources and with less waste.

There are a few macro areas where innovation is occurring and technology is being developed.  The first focus is what are the tools that will help growers increase precision and efficiency of irrigation events?  Western Growers wrote about some of the remote technologies we were working to advance in 2013 in an article by Wendy Fink Weber titled “Irrigation Technology.”  Satellite and aerial information is being developed and made accessible to growers in user-friendly formats to assist them in their efforts to understand how much water a plant may need in real time so that more precise and just-in-time scheduling and application of water may occur on the farm.  These tools and technologies progress every day and will soon be widely available and likely commonly used as another data point for important management decisions.  But these technologies don’t directly address the issues of short supply.

California growers also must focus on where their water is coming from and the sustainability or “renewability” of those supplies.  There are several potential sources of water that may be underutilized in the agricultural setting including reclaimed water from industrial and urban settings, recycling water on farm (using water multiple times prior to release) and desalination of  brackish and ocean waters.  The fierce competition for existing water supplies within California points out that all water users should be working more aggressively to perfect our use of these alternative sources.  Greater availability of alternatives reduces the overall pressure on exiting supplies and expands the decision makers options and ability to meet water demands whether in an ag, environmental or urban setting.  Technology may help to knock down some of the barriers that exist in developing these supplies for agriculture.

For example, the reuse of tail water has been discouraged because of (among other things) food safety concerns.  Today there are treatment technologies that may assure safe and high-quality water from tail water.  The challenge might be scaling these technologies (such as zero-valent iron filters) to handle volumes of water needed by ag at an affordable cost.  Already there are areas of the state, as well as other areas of the country, where municipal waste water is reclaimed and repurposed for drinking water and irrigation.  The technology is there. Developing the infrastructure and assuring the market (sometimes it is about clearly communicating the benefits and dispelling the misperceptions about a new technology e.g., GMOs or agricultural chemistry) for foods produced with these waters are the next steps. Similar to reclaimed waters, the technology for desalination exists, but again the challenge is scaling and making these technologies more available.

The other missing piece of the water puzzle is the real-time quantification (monitoring) of the water balance.  It is noteworthy, although not widely discussed, that intense efforts to improve efficiency have sometimes resulted in adverse, unintended environmental consequences.  Take something simple like lining a ditch/canal with concrete.  Doing this may increase the efficiency of your irrigation system—but at the expense of water recharge essential to proximate surface and groundwater bodies.

Agriculture does not get credit for that fraction of water that maintains the environment, but does get blamed when something goes awry.  Damned if you do; damned if you don’t.  New technologies that can help quantify the entire water balance are here.  Using satellite, weather data, remote sensing, in-situ sensing and monitoring information, a complete picture of consumed, discharged and conserved water for a given farm, group of farms or irrigation district can be quantified.  This holistic view can then be used to test alternative scenarios and make informed decisions about the highest use of any of those fractions of water.

The bottom line is that despite the fact that irrigated agriculture is constantly increasing its water efficiencies, it is incumbent upon this sector (and others) to continually strive to improve our systems.  This means examining closely the technologies that will allow us to be more efficient, utilize alternative sources and make informed decisions with the entire water equation in our field of view.  Western Growers is embarking on a more focused effort to advance useful technologies that will save growers time, money and headache.  Water will undoubtedly be an urgent and key focus of this effort and we encourage you to contact us to offer your thoughts and ideas as well as to stay abreast of many of these ongoing efforts.

 

The Phoenix Zoo’s New Exhibit

May 1st, 2015

Rousseau Farming Company’s Food Safety Officer Kami Weddle is teaching Arizona’s children how their food is grown, why we should eat lots of fruits and veggies and the importance of the specialty crop industry to Arizona.

As part of an Arizona Specialty Crop Block Grant and in partnership with the Phoenix Zoo, several of Western Growers’ member companies—including Rousseau Farming Company and EverKrisp Vegetables—are hosting Farmer Workshops at the Zoo’s Fruit and Vegetable Learning Garden to introduce our children—and their parents and teachers—to Arizona agriculture.

During her recent workshops, Weddle explained to high school seniors, and later, fifth graders, what exactly goes into growing carrots, kale and watermelon, among other crops.

“We grow in your neighborhoods … Talking Stick reservation … over by Cardinal Stadium … in Gilbert,” Weddle said. “It takes about 800,000 carrots seeds to seed an acre.  That acre produces about 30 tons of carrots.”

One student was struggling. “It’s hard to visualize an acre.”

“A football field is a little more than an acre,” Weddle responded.

And so began a discussion about what many of us in the specialty crop industry may take for granted.  A question was asked about the decline in the bee population and why that matters.  Weddle explained that watermelon is a cucurbit and as such, has separate male and female flowers.  Watermelon does not self-pollinate; bees must transfer the pollen from male to female flowers.  “In fact,” Weddle said, “bees pollinate almost 80 percent of all produce.  So you bet our bees are important to us.”

The workshop also covered food safety, how many varieties of carrots there are, what different commodities are grown in Arizona and the types of agriculture careers that are available to these young people.

As a measureable outcome for the grant, students were surveyed at the end of each workshop.  Based on the results of the survey, it is clear the students learned a great deal.  They learned what grows in Arizona (answers included: kale, herbs, all kinds of lettuce, carrots, melons, tomatoes, citrus).  They also learned about jobs in agriculture—science, food safety, engineering, marketing, human resources and accounting.

And, many students provided a bonus fun fact they learned:

•   Watermelons are 92 percent water.

•   Carrots take six months to grow.

•   Yuma is the winter vegetable capital of the world.

•   Food is grown in Arizona.

The Phoenix Zoo Farmer Workshops will continue through September 2015.  For more information, please contact Sabrina Blair at [email protected] 949-885-4789.

Congress Grapples with Drought Action

May 1st, 2015

For the last several years, farmers in California and throughout the West have faced water pressures and shortages as drought grips the country.  Early last year, both the House of Representatives and the U.S. Senate passed legislation that would address the drought in California and attempt to provide some immediate assistance.  But like much of Congress’ work, compromise proved to be elusive and neither of those efforts reached the president’s desk.

What happened, and more importantly, what prospects are there for action this Congress?

Last year after both the House and the Senate passed separate drought relief bills, negotiations between both chambers collapsed unexpectedly late in the year.  As was reported in the press, meetings had advanced the bill to near completion when discussion ceased.  The media reported that the central premise of that negotiation was to simply try to give water agencies more flexibility to shift allocations between environmental requirements and the needs of users in the most drought-stricken parts of California.

It is not entirely clear why talks stopped.  California Senator Dianne Feinstein indicated publicly that negotiations were halted, at least in part, due to public pressure being leveled against the package and the lack of transparency.  Additionally, pressure from fellow California Senator Barbara Boxer that no input from Northern California stakeholders had been given played a role.

 

Where are we now?

Unfortunately prospects for passage of a California-only water package is extremely slim.  In the Senate, moving a package last year for California only was difficult with many Senate offices only reluctantly allowing the bill to move forward without legislation addressing interests that they have for their states.  This year will be no less difficult in the Senate.  Thus while we anticipate that Senator Feinstein and the California Congressional delegation could well put forward bills, trying to find a vehicle to which those bills could attach will be difficult and critical to any success.

 

What are the options?

On the legislative front, if a California package can be agreed upon, there might be some room to combine California’s provisions with provisions that would impact other Western states.  While California’s drought reaches a level of severity that has not been seen in a 1,200 years, it is not the only state in a long and prolonged period of drought.  Throughout the Western United States drought conditions are either in place today or have been severe.  Indeed, the Colorado River Basin has been in a drought pattern now for more than a decade with water levels at Lake Mead approaching levels at which water rationing to Arizona and Nevada should be triggered.

Beyond that, NASA scientists recently predicted that this pattern of extended droughts is likely to continue through the next 50-plus years.  As a result many Western state congressional members from both parties are interested in taking productive steps that could help in their respective states.

 

What role will Western Growers try to play?

Should an effort take off, Western Growers is assembling ideas for inclusion in this western-wide package from sources and our producers operating in New Mexico, Colorado, Arizona and Nevada.  The idea is to find both specific ideas as well as patterns within the various states to draw out ideas that could apply in multiple watersheds across the West.  Some of these ideas would have short-term impact; others would help over a longer horizon.

 

What’s an example of an idea that could help in the long-term?

Last year, a bipartisan-supported provision that would streamline the federal Environmental Protection Agency permitting process for building water related infrastructure like ports or levees was included in the water infrastructure bill that passed.  The notion was to dramatically cut down the amount of time it took to get federal clearance for projects without destroying underlying environmental protections.  Likewise reducing the time it takes for federal clearance for projects that would build desalination, reservoirs or groundwater recharge facilities would have appeal in many drought-stricken states.

With the presidential election in 2016 taking up time and space, any movement on such a bill must occur before spring of next year.  Just as we did last year when we reached out to members of Congress on a California drought relief bill, we will push forward your interests.  Without water we cannot grow the food that America needs.  It’s just that simple, and so as we engage with Congress, we are pushing that message forward and demanding that Congress find solutions to help in both this immediate crisis as well as build a more resilient system going forward.

Nitrate Related Water Quality Regulations Continue to Be in Limbo

May 1st, 2015

By Theresa Dunham of Somach Simmons & Dunn

Over the last dozen years or so, the state’s regional water quality control boards have ramped up regulations on irrigated agriculture and their discharges to surface and ground waters.

Initially, growers were mainly tasked with implementing on-farm management practices for the protection of water quality and paying into cooperative programs for monitoring on-farm related pollutants such as pesticides in surface waters.  Beginning in 2012, however, key regional water quality control programs in the Central Coast and the Central Valley regions changed dramatically, substantially increasing monitoring and reporting requirements on growers within those regions.  A common theme in the new programs includes heightened awareness of groundwater quality, and more importantly, agriculture’s contribution of nitrates to groundwater.  This focus on groundwater and nitrates has raised key legal and technical questions that the State Water Resources Control Board, regional water quality control boards and the courts are currently looking to answer.

Chief among the questions raised is how the State Water Board and the regional water boards intend to regulate nitrogen (i.e., nitrate) discharges from irrigated agriculture to groundwater.  The water boards’ position is that they are mandated by current law and policies to regulate discharges from irrigated agriculture to groundwater in a manner that requires water leaching below the root zone to not exceed 10 mg/L of nitrate (as N), which is equivalent to the state’s drinking water standard for nitrate.

While this may be the legal standard, the water boards collectively are realistic and aware of the fact that the use of nitrogen is a key and necessary input in our farming systems, and that for many crops and soil types it may be impossible to meet such a standard below the root zone and still maintain a productive and viable agricultural economy in the state.  Others critical of agriculture believe that the water boards need to regulate nitrogen application of synthetic and organic fertilizers in order to actually regulate discharges of nitrates.  In light of this challenge, the State Water Board convened an Agricultural Expert Panel in 2014 to help address this issue.

In September 2014, the Agricultural Expert Panel delivered its conclusions to the State Water Board, which included recommendations pertaining to the Irrigated Lands Regulatory Programs.  The Agricultural Expert Panel answered specific questions posed by the State Water Board and ultimately recommended, in part, a regulatory program consisting of a strong and comprehensive education and outreach program, with phased in reporting of various key values such as crop type, acreage, total nitrogen applied and total nitrogen removed.

Some regional boards and others were critical of the report and its recommendations, claiming the recommendations were not specific enough in that they did not identify individual best management practices that would lead to compliance with water quality standards.  Upon delivery, the State Water Board accepted the report and directed State Water Board staff to review and come back with their recommendations on how and/or if the Expert Panel’s recommendations should be implemented.  As of this writing, State Water Board staff have not yet publically revealed their thoughts and impressions with respect to the Expert Panel Report.

Related to the State Water Board’s pending recommendations relative to the Expert Panel Report, California agriculture also awaits key decisions with respect to petitions pending before the State Water Board.  Environmental justice organizations (and others) challenged irrigated agricultural orders for the various watersheds adopted by the Central Valley Water Board in late 2012 and 2013.  The orders in question include substantial new monitoring and reporting requirements on agriculture for the protection of groundwater and requirements specific to nitrogen management planning and reporting.

The orders were challenged to the State Water Board on a number of different legal theories, including arguments that the orders did not comply with the State’s antidegradation policy because the orders continue to allow irrigated agriculture to degrade groundwater above the nitrate drinking water standard.  In short, environmental justice organizations want the State Water Board to require nitrogen application reporting, mandated use efficiency ratios of nitrogen applied to crop needs and clear numeric limits on irrigation discharges.

The viability and value in requiring such information is part of the Agricultural Expert Panel’s recommendations.  At this time, the State Water Board has accepted the petitions filed on the East San Joaquin Watershed order and is considering the issues involved, including how the Agricultural Expert Panel’s recommendations should or should not be implemented.  Although State Water Board staff indicated late last year that a draft order would be available sometime in early 2015, we still wait for the draft order to be issued.  Recent conversations with staff suggest that a draft order may issue sometime this summer.  The other Central Valley petitions remain pending before the State Water Board, and it is anticipated that overlapping issues will be addressed through an order issued relative to the East San Joaquin petitions.

With respect to the Central Coast, litigation challenging the Central Coast’s irrigated agricultural order remains pending in Sacramento Superior Court.  As with the challenges to the Central Valley orders, the Central Coast litigation involves allegations that the State Water Board erred by eliminating the nitrogen ratio requirement that was in the Central Coast order and that the monitoring and reporting requirements upheld by the State Water Board are insufficient.  This case was first filed in court in late 2013.  Western Growers and other agricultural organizations are participating as intervenors in the case to protect grower interests.  Briefing has recently been completed, and a hearing on the matter is scheduled for May 15, 2015.  After the hearing and absent any supplemental briefing, the judge will have 90 days to issue a decision.

In the meantime, the regional boards continue to implement their orders (including requirements pertaining to nitrogen management planning) as adopted, with delay of some requirements due to the pending actions before the State Water Board and the Sacramento Superior Court.  This leaves growers in the vulnerable position of not knowing what will ultimately be required and when.  Hopefully, the State Water Board and the Sacramento Superior Court pending decisions will bring clarity on this issue in the near future.

 

Theresa Dunham is a shareholder with the Sacramento, CA, law firm of Somach Simmons & Dunn.  The firm provides a unique combination of experience in the fields of water, natural resources, environmental, public land, public agency, toxics and hazardous waste, zoning, planning and land development law.  Ms. Dunham’s practice emphasizes water quality law.

The May 2015 Edition of WG&S Magazine Will Be Arriving Soon

May 7th, 2015

The May 2015 edition of the WG&S Magazine is in the mail.  Here’s a preview of some of the stories you will see:  

COVER STORY

Ag Technology

WG Announces Major Investment in Future

 

PRESIDENT’S NOTES

California’s Worst Drought Tests Gov. Brown

 

FEATURE STORIES

Dire Straits

Persistent Drought Reaches Epic Proportions

 

Water Efficiency Equation

Reducing Use Per Unit Gaining Traction

 

Unions 2.0 (Part II)

How Big Labor Is Using Worker Centers to Bypass Legal Regulations and Destroy Brands

 

WG/ACS Partnership

Preventing and Recognizing Skin Cancer

 

WG Board Convenes in Sacramento

 

GOVERNMENT AFFARIS

Congress Grapples with Drought Action

 

LEGISLATOR PROFILE

Tony Rivero representing Arizona’s 21st House District, including Peoria

 

AGRICUTLTURE & The law 

Nitrate Related Water Quality Regulations Continue to Be in Limbo

 

INSURANCE CORNER

The Drought, Weather and Crop Insurance

 

DEAR JON

Using the Monthly Measurement Method to Track Eligibility

 

SCIENCE &TECH

Technology Has Role to Play in Water Debate

 

WG IN THE NEWS

Congress Introduces TPA Legislation

 

U.S. Challenges Indonesia’s WTO Position

 

CA Farm Water Coalition Illustrates Severity of Drought

 

CA Registers New Chemistry for Sucking Pests

 

BLAST FROM THE PAST (from WG&S April 1985)

Rising Water Costs May Sink Growers

 

WESTERN GROWERS FOUNDATION update

The Phoenix Zoo’s New Exhibit

 

ADVERTISERS

WGIS

Saqui Law Group

Annual Meeting 2015

Sakata

Sustainable Groundwater Management Act Implementation

May 12th, 2015

The California Department of Water Resources (DWR) will be holding several public listening sessions to receive comments regarding the implementation of the Sustainable Groundwater Management Act (SGMA) over the next several months.  Western Growers has been selected to represent an agricultural perspective on a stakeholder advisory group, which was created to help inform DWR of the industry's thoughts and concerns as it drafts implementation regulations for the SGMA. 

The Draft Strategic Plan can be found here!

If you have any input on the subject, please contact WG’s Gail Delihant.