The Struggle for Water Justice in California’s San Joaquin Valley: A Focus on Disadvantaged Unincorporated Communities

University of California, Davis (UC Davis) | February 1st, 2018

In California, lack of access to clean, safe, and affordable water is a threat to public health and well-being, and violates the state’s newly codified Human Ri

In California, lack of access to clean, safe, and affordable water is a threat to public health and well-being, and violates the state’s newly codified Human Right to Water (HRTW). In low-income communities located outside city boundaries (otherwise known as disadvantaged unincorporated communities or DUCs), drinking water is often unsafe to drink. In many such localities, drinking water is contaminated by industrial by-products (usually associated with agriculture, oil and gas production, transportation, and manufacturing) and compromised by inadequate wastewater treatment and disposal systems, as well as naturally occurring toxic substances like arsenic and uranium. Many DUC residents in the San Joaquin Valley pay a triple penalty to obtain safe water: they bear the health costs of unsafe drinking water; they purchase that unsafe water at high costs; and they must also purchase “substitute” water—typically expensive bottled water—for drinking and cooking purposes. Lack of access to clean, safe and affordable drinking water has a racial and ethnic component: the vast majority of the valley’s DUC residents are people of color who also face cumulative impacts from environmental contamination brought on by proximity to air pollution, pesticides, toxic facilities and waste disposal. Without city governments to directly represent their interests and provide essential services, residents of these DUCs have been systematically deprived of access to important means of democratic governance (Anderson 2008). California’s San Joaquin Valley is the source of much of the state and the nation’s agricultural wealth. Yet it is also a region where poverty persists amidst prosperity (Taylor and Mar n 1998). Many of the region’s DUC residents hold low-wage and dangerous jobs, and confront severe and cumulative environmental contamination of their air, water, and land (London, Huang, Zagofsky 2011). The well-being of the nearly 350,000 residents living in 450 DUCs throughout San Joaquin Valley is therefore an important environmental health, and social justice issue that demands urgent attention by policy makers, public agencies and advocates. Over the past two decades, community leaders, advocates, and policymakers have pursued a range of strategies to address unsafe drinking water in the valley’s DUCs and elsewhere in California. For example, in 2004, resident advocates won a case against the City of Modesto in 2003 for its systematic exclusion from city services of communities of color living in nearby DUCs (Molina 2014). In 2011, Senate Bill (SB) 244 required cities and counties to address the infrastructure needs of California DUCs in land use and municipal service plans, and in annexation decisions. In 2012, an HRTW policy was passed in response to massive community mobilization. Known as Assembly Bill (AB) 685, and signed by Governor Jerry Brown, it codified that every human being has a right to safe, clean, affordable, and accessible water to meet basic human needs, and required state agencies to consider this right when establishing policies and regulations. A 2013 report by the Community Equity Initiative (led by PolicyLink, California Rural Legal Assistance Inc., and California Rural Legal Assistance Foundation) developed a sophisticated analysis of the conditions of DUCs in the San Joaquin Valley. California Unincorporated: Mapping Disadvantaged Communities in the San Joaquin Valley (Flegal et al. 2013) put DUCs on the map by using a new methodology to identify these communities, and to highlight the need for new policies and funding mechanisms to address the significant challenges they face. This report, and the dedicated work of water justice advocates, have greatly increased public awareness of water inequality in DUCs. This has helped direct new public funding to improve water infrastructure, and encouraged collaborative solutions among interest groups that historically have been in conflict with each other. However, all parties agree that much more needs to be done to understand the complex issues facing DUCs, and to provide their residents with safe and affordable drinking water. Our report analyzes this situation in detail, and offers several recommendations to inform policy and advocacy on how to improve water access to these communities. To do so, we have used maps of DUCs, CWSs, and State Small Water Systems (SSWSs), as well as water quality reports, demographic data, and expert interviews. Together, these sources have helped us highlight gaps in the provision of safe and a ordable drinking water. Our main conclusion is that California’s legislature, regulatory agencies, and water suppliers need to undertake more concerted and well-resourced efforts to ensure that the HRTW is ensured for all of the San Joaquin Valley’s residents.

The unequal burdens of water scarcity

Nature Portfolio (Springer Nature) | January 19th, 2023

Curtailing water use during drought is costly, but those costs are not evenly distributed. Socio–hydrological modelling shows how water burdens fall more heavily on poo

Curtailing water use during drought is costly, but those costs are not evenly distributed. Socio–hydrological modelling shows how water burdens fall more heavily on poor households in response to water conservation policies.

Water Recommendations to the Next President

Pacific Institute | September 14th, 2020

The United States faces several severe and worsening water problems. Continuing to neglect these problems will impoverish and sicken this and future generations,

The United States faces several severe and worsening water problems. Continuing to neglect these problems will impoverish and sicken this and future generations, destroy beneficial aquatic ecosystems, and threaten our economy and food supply. Smart water policies will create hundreds of thousands of jobs, improve public health, and speed our economic recovery. In this letter, we offer a short assessment of four key problems and specific recommendations for addressing them.

Water Service Disconnections in California

Pacific Institute | October 1st, 2018

When a household fails to pay their water bill in full for more than a given period of time – one or two months – their water service can be disconnected. In

When a household fails to pay their water bill in full for more than a given period of time – one or two months – their water service can be disconnected. In addition to the original utility bills, additional fees are accrued at each step, from the first late payment through restoration of service. Households that struggle to pay their water bills on time can face serious financial challenges to maintain or restore water service. Lack of water in the home compromises the ability of people to wash their hands, clean their home, and safely prepare food. Water disconnections are associated with a higher rate of water-borne diseases in the community, and disconnected water renders housing legally uninhabitable and untenantable.1,2 As such, water disconnections are a serious concern for public health and housing security.

Water systems in California: Ownership, geography, and affordability

Utilities Policy (Elsevier) | August 10th, 2021

This study asks whether different types of water systems serve different types of communities and differ with respect to affordability. Using 2017 data for California we

This study asks whether different types of water systems serve different types of communities and differ with respect to affordability. Using 2017 data for California we match service area boundaries with census income data and rate structures to compare the geography, income distribution and affordability of water rates within communities served by systems of different ownership types. We find that for-profit and publicly owned systems serve communities of similar income distributions, while not-for-profit mutual water companies serve higher-income communities. Regulated privately-owned systems charge more for water while providing more low-income assistance and shutting off fewer households than publicly owned systems.

Water, environment, and socioeconomic justice in California: A multi-benefit cropland repurposing framework

Science of the Total Environment (Elsevier) | November 22nd, 2022

Water, environment, and socioeconomic justice in California: A multi-benefit framework

Science of the Total Environment (Elsevier) | November 5th, 2022

Low-income, rural frontline communities of California's Central Valley experience environmental and socioeconomic injustice, water insecurity, extremely poor air quality,

Low-income, rural frontline communities of California's Central Valley experience environmental and socioeconomic injustice, water insecurity, extremely poor air quality, and lack of fundamental infrastructure (sewage, green areas, health services), which makes them less resilient. Many communities depend financially on agriculture, while water scarcity and associated policy may trigger farmland retirement, further hindering socioeconomic opportunities. Here we propose a multi-benefit framework to repurpose cropland in buffers inside and around (400-m and 1600-m buffers) 154 rural disadvantaged communities of the Central Valley to promote socioeconomic opportunities, environmental benefits, and business diversification. We estimate the potential for (1) reductions in water and pesticide use, nitrogen leaching, and nitrogen gas emissions, (2) managed aquifer recharge, and (3) economic and employment impacts associated with clean industries and solar energy. Retiring cropland within 1600-m buffers can result in reductions in annual water use of 2.18 km3/year, nitrate leaching into local aquifers of 105,500 t/year, greenhouse gas emissions of 2,232,000 t CO2-equivalent/year, and 5388 t pesticides/year, with accompanying losses in agricultural revenue of US$4213 million/year and employment of 25,682 positions. Buffer repurposing investments of US$27 million/year per community for ten years show potential to generate US$101 million/year per community (total US$15,578 million/year) for 30 years and 407 new jobs/year (total 62,697 jobs/year) paying 67 % more than prior farmworker jobs. In the San Joaquin Valley (southern Central Valley), where groundwater overdraft averages 2.3 km3/year, potential water use reduction is 1.8 km3/year. We have identified 99 communities with surficial soils adequate for aquifer recharge and canals/rivers within 1600 m. This demonstrates the potential of managed aquifer recharge in buffered zones to substantially reduce overdraft. The buffers framework shows that well-planned land repurposing near disadvantaged communities can create multiple benefits for agriculture and industry stakeholders, while improving quality of life in disadvantaged communities and producing positive externalities for society.

When Decentralization Fails: Governance and Inequity in California’s Drinking Water System

Western Political Science Association | April 4th, 2019

In the United States, there are more than 151,000 drinking water systems which operate at a variety of decision-making scales and under various governance and own

In the United States, there are more than 151,000 drinking water systems which operate at a variety of decision-making scales and under various governance and ownership structures (US EPA, 2015). This extreme level of decentralization and fragmentation may allow for local control and flexibility, but it has not guaranteed safe drinking water for all (Hughes & Mullin, 2017; Pannu, 2012). In California alone, there are more than a million people each year receiving unsafe drinking-water. To further our understanding of how system governance contributes to these drinking water disparities, we compile and analyze a novel dataset including all 2,886 of California’s active Community Water Systems and their health-based Safe Drinking Water Act violations (2012-2018) in order to answer two important questions: 1) how is California drinking water governance organized at the system level? 2) Do certain types of governance structures out-perform or under-perform compared to others? We find that while control variables such as population size remain most determinative of system performance, there are significant differences in SDWA compliance between distinct governance arrangements. These findings highlight the important role that governance, in its broader conception, plays in contributing to SDWA noncompliance and leads us to argue that determining the role of governance in creating disparities, therefore, is an important prerequisite to understanding how different arrangement might best address them.

Who makes decisions about California's water?

Restore the Delta | January 9th, 2023

This project collected and created data on California's water managers at the state, local and individual level to determine their race and gender. At the State level, we

This project collected and created data on California's water managers at the state, local and individual level to determine their race and gender. At the State level, we used the State Workforce Analysis to examine the race and gender of water-related state executives. At the local level, we coded about 1500 directors of water agencies for race and gender and then compared each board to the race and gender of the agency service areas. At the individual level, we coded nearly 14,000 individual rights holders for race. The results were not surprising. At every level, the people who make decisions about California's water are more white and more male than the population of California. At the local agency level, boards of directors are 86% White and 79% male. At the individual level, 91% of small named water rights holders have last names that code as White.