Green Evolution From Regulatory Stalemate To Successful Pollution Control In California’s San Joaquin Valley
Green Evolution From Regulatory Stalemate To Successful Pollution Control In California’s San Joaquin Valley.
Dec 18, 2015
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Green Evolution
From Regulatory Stalemate
To Successful Pollution Control
In California’s San Joaquin Valley
Green Evolution The Pollution Control Stalemate The Grasslands Program in Theory The Grasslands Program in Practice Cloning the System
The Pollution Control Stalemate
Photo courtesy of the Joseph Skorupa, U.S. Fish and Wildlife Service
The Kesterson DisasterThe Pollution Control Stalemate
Photos courtesy of the U.S. Fish and Wildlife Service
Nearby Wetlands Also DamagedThe Pollution Control Stalemate
The Kesterson Solution 1990. A federal-state interagency committee
completes its $50million study and concludes:
using less water creates less pollution
The Pollution Control Stalemate
Increase irrigation efficiency Re-Use drainwater
To blend with good irrigation water To grow salt-tolerant crops
Fallow the land and sell the water Retire the land and sell the water
Discharge limited amounts to the San Joaquin River
The Pollution Control Stalemate
Post-Kesterson: Voluntary BMPs
Selenium Loads Discharged 1986 - 1994
Drainage Area Se DischargeWater Year 1986 to 2000
0
2,000
4,000
6,000
8,000
10,000
12,000
14,000
WY 86 WY 87 WY 88 WY 89 WY 90 WY 91 WY 92 WY 93 WY 94 WY 95 WY 96 WY 97 WY 98 WY 99 WY 00
Water Year
Sele
niu
m L
oad
(lb
s)
The Pollution Control Stalemate
Drainage was still threatening ecosystems and violating water quality standards
Great egrets and great blue herons, San Luis Wildlife Refuge, Gary Zahm, FWS 9/99
The Pollution Control Stalemate
The Grasslands Program -- In Theory
Regulatory Options
The Good --- Economic Incentives Tradable Discharge Permits Effluent Fees Input Fees
The Bad --- Mandatory BMPs The Ugly --- Traditional Permits
The Grasslands Program in Theory
The Grasslands Program in Theory
•Many small, independent, controllable sources•Farmers are organized into irrigation districts•Districts have authority to use input fees•District discharges can be monitored•A TMDL can define acceptable regional discharge•California law allows permits for districts and farmers
Proposed Regulatory SystemThe Grasslands Program in Theory
Regulatory Agency… Gives discharge permit to regional district
Discharge target = TMDL Monitors discharge from regional drain Imposes sanctions for non-compliance
(fines, drainage cut-off)
The Grasslands Program in Theory
Regional District… Operates tradable discharge permit
program among districts Determines initial allocations Monitors district discharges Imposes sanctions for noncompliance
(fines, drainage cut-off)
The Grasslands Program in Theory
Districts… Use input pricing to limit farm discharges Monitor water inputs Impose sanctions for non-compliance
(fines, water cut-off)
The Grasslands Program in Theory
Advantages of the Proposed Regulatory System
Ease of administration: The regulatory agency issues one permit.
Ability to meet the discharge limit: The regional cap assures that selenium
discharges decrease to safe levels.
The Grasslands Program in Theory
Cost-effectiveness: Tradable discharge permits among districts
promote regional cost-effectiveness. Tiered water pricing means that decreasing
drainage saves money for farmers. Local control:
Farmers and districts can tailor inputs and discharges to their own needs.
The Grasslands Program in Theory
But will it work?
The Grasslands Program in Theory
The Grasslands Program--In Practice
In 1996, the program was implemented.
The Grasslands Program in Practice
Photo credit: Panoche Drainage District
Current Regulatory System Contracts between Bureau of Reclamation
and regional district
Contracts between Bureau of Reclamation and regional district
The Grasslands Program in Practice
Bureau of Reclamation… Sets discharge limits
monthly limits for selenium discharges gradual decrease to TMDL limits
Monitors discharge from drain Imposes sanctions for non-compliance
Fines for small exceedances Automatic termination for discharges greater
than 120% of limits
The Grasslands Program in Practice
Regional District… Developed internal “regulatory” system
Chose tradable discharge allocation system Allocated discharges to districts
Monitors district discharges Imposes sanctions for noncompliance
(fines, drainage cut-off)
The Grasslands Program in Practice
Districts… Developed internal “regulatory” systems
Tiered water pricing Prohibition on surface discharges Recycling Individual sump discharge limits Land retirement
Monitors water inputs Imposes sanctions for non-compliance (fines,
water cut-off)
Photo credit: Panoche Drainage District
The Grasslands Program in Practice
Farmers… React to price signals on water Recycle surface runoff
The Grasslands Program in Practice
Photo credit: Panoche Drainage District
ResultsThe Grasslands Program in Practice
Grasslands Area Monthly Selenium Discharges
0
200
400
600
800
1000
1200
1400
1600
1800
Oct
.
Jan
.
Ap
ril
July
Oct
.
Jan
.
Ap
ril
July
Oct
.
Jan
.
Ap
ril
July
Oct
.
Jan
.
Ap
ril
July
Oct
.
Jan
.
Ap
ril
July
Oct
.
Jan
.
Ap
ril
July
Oct
.
Jan
.
Sel
eniu
m (
lbs.
)
Year 1 Oct 96-Sept 97
Discharge Targets
Year 2 Oct 97-Sept 98
Year 3Oct 98-Sept 99
Year 4 Oct 99-Sept 00
Year 5 Oct 00-Sept 01
Year 7Jan 02-Dec 03
Year 6 Oct 01-Dec 02
Why it works
Quantitative limits on selenium discharges are set in advance and strictly enforced.
Districts and farmers are accountable for meeting the limits.
Districts and farmers can design their own mixes of drainage control actions.
The Grasslands Program in Practice
Cloning the System
Cloning the System
Prerequisites Motivation Legal and institutional mechanisms to
regulate districts or farmers Enforcement capability Discharge targets Monitoring feasibility
Cloning the System
Motivation to meet standards
Precondition for receiving federal subsidies Farm Bill payments Subsidized irrigation water Subsidized drainage discharge
Enforcement of TMDL limits
Cloning the System
Legal and Institutional Mechanisms
Federal contracts for irrigation water Federal and State authority to regulate
pollution discharges Existing water districts Tradable discharge permit systems
Cloning the System
Enforcement Capability Automatic termination of benefits Fines
Cloning the System
Discharge Targets TMDLs TDP allocations
Cloning the System
Monitoring Feasibility Drainage networks: sumps and canals Input surrogates
Irrigation water applied Fertilizer and pesticide application rates
Cloning the System
Sites for New Trading ProgramsAmong Farmers
Sites for New Trading ProgramsAmong Farmers
Cloning the System
Photo credit: Panoche Drainage District
Cloning the System
Regionwide Pollution-Control Costs
Appendices
Comparison of Regulatory Options
Appendices
Performance of Potential BMPs for Cotton
Appendices
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