It seems hard to believe how much we all took water for granted not so long ago.
But with global warming, a shrinking groundwater supply, and the consequences of the Flint, Michigan, drinking water disaster, that’s all changed—perhaps forever.
Maybe unsurprisingly, California will take the lead in adapting to the new reality. It was the first state settled in the arid West, and other western states generally formed their water policies anticipating heading off the mass evacuation of their water to the Golden State. Two years ago, reacting to the continuing drought, the state legislature passed the Sustainable Groundwater Management Act, which required localities in California to stop depleting local aquifers by balancing water pumped out with water coming in.
The U.S. Environmental Protection Agency and the Senate Finance Committee have estimated that just maintaining a minimal American water infrastructure during the next two decades will require about a $500 billion investment—and doing the bare minimum has become almost reckless in the wake of the Flint disaster. Given the ever-tighter state of government funding in this era, closing that gap will require some innovative thinking, including determining how the private sector can be better incentivized to participate in solutions.
But there’s no magic bullet, according to those who work in the field. “Desalination is one of the things that has to be in a portfolio to maintain the water supply, along with water recycling, storm water recapture, conservation, and a real focus on more efficient water use, both in urban areas and for agriculture. It’s going to take all those things,” says Eric Garner, managing partner of Los Angeles-based Best Best & Krieger, who has practiced water law for more than 25 years.
Some water specialists see an important role for the private sector. While water policy has largely been a creature of the states, and no doubt will continue to be, Wes Miliband of Stoel Rives is hopeful on one front. “No, we don’t have an overall federal water policy. But there are drought bills in every session of Congress, and there is a financial component to them. What I think has to happen to bridge the gap and help the public sector get water projects done together with the private sector is allowing a return on investment, so it’s not all on the public sector anymore. I think some kind of tax incentive or credit is the best way to get it done and that would have to come at the federal level.”
"You might say that water is in certain respects becoming the new oil."
The Poseidon water desalination plant near San Diego, which came online late last year, has also been a source of optimism for those who see converting saltwater to fresh drinking water as one important arrow in the water innovation quiver. Under consideration for at least a generation and more than a decade in development, water plants require at least a dozen government permits. The facility has the capacity to provide 50 million gallons a day, or at least 8 percent of the region’s water needs.
Eric Garner notes that the economics of desalination are more difficult for inland areas because of the cost of pumping it uphill. “It has some limitations, but it has a role to play.” Adds Wes Miliband: “Even though water from this project is priced at $2,200 an acre, which is pretty steep, it’s providing that certainty of availability, versus the volatility we’ve had. Then, the willingness to pay that premium increases.” Plus, it’s local water, which is better for the environment, he adds.
But relentless global warming is making everything tougher. Not only is a warming planet causing higher evaporation rates, but warmer temperatures are causing more water to be consumed. “One, there’s less precipitation. And if it’s warmer, people will use more water for irrigation and other purposes,” says Garner. “Our water systems were built primarily between the 1920s and the 1970s. They were sized based on the hydrologic pattern of that time, meaning for the snow pack to hold till the summer. But when it melts sooner, we have no place to hold that water, so it just goes into the ocean. So there’s a lot of concern about climate change and different weather patterns, and having to adapt.”
A half century ago—buoyed by a strong economy and a federal government that thought big enough to put a man on the moon and to cover the nation in a ribbon of interstate highways—the U.S. Bureau of Reclamation drew up preliminary plans for a nationwide system for moving water where it’s needed. It never got built, and now cost constraints and environmental laws wouldn’t allow it anyway.
Other rich nations are hungrily casting their eyes on American water supplies. The largest dairy company in oil-rich but water-poor Saudi Arabia, for instance, has purchased thousands of acres of farmland in California and Arizona. The reason: To feed its dairy cows, it needs alfalfa, which requires lots of water to cultivate—water the country cannot secure at home. But Wes Miliband doesn’t see such transactions becoming common. “I don’t really envision that China and other countries are going to be lining up to buy up agricultural land in the U.S.”
Nevertheless, you might say that water is in certain respects becoming the new oil, a finite strategic resource that’s becoming a point of conflict across the globe. “I was at an international legal conference in Vienna last year, and people in the mountains of Austria complain that Vienna steals their water,” says Eric Garner. “It’s the same everywhere.”
Insight
Water Futures
By themselves, desalination, conservation, and system re-engineering won't solve our water puzzle. But together, they just might work.
Related Articles
A Double Dose of Power
by Constance Endelicato
Women in the Legal and Medical Professions Can Work Together to Dismantle Gender Inequality
What Will a Car Accident Lawyer Actually Do for You?
by David Muñoz
Find out what you can expect after hiring a personal injury attorney. Learn about your legal rights to help you decide if you should hire an attorney after suffering injuries in a car accident.
A Better Bottom Line
by Margaret Pierce
How Benefit Corporations are leading the charge to save the world.
California Grad Student Strike Sparks Legal Free-Speech Battle
by Gregory Sirico
Graduate students in California strike over free speech rights amidst university crackdowns on Pro-Palestine protests, fueling an ongoing legal battle.
The Human Cost
by Justin Smulison
2 new EU laws aim to reshape global business by enforcing ethical supply chains, focusing on human rights and sustainability
Treacherous Waters, Uncharted Territory
by Bryan Driscoll
Political shifts around the globe this year are forcing international law and business to navigate a more intricate compliance landscape
IN PARTNERSHIP
Steps To Take After an Encino Car Accident
by Andrew L. Shapiro
Hurt in a car accident that wasn’t your fault? You may be able to recover compensation. Call JUSTICENTER Personal Injury Lawyers for a free consultation today.
Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform
by Jennifer Verta
Explore how Prop 36 could shape California's sentencing laws and justice reform.
The Struggle Is Real
by Justin Smulison
Businesses are overlooking state and federal laws when downsizing or closing operations, driving a tidal wave of class action lawsuits from former employees.
California Overhauls Controversial Private Attorneys General Act
by Eric C. Schwettmann and Katherine A. Hren
Enacted 20 years ago, PAGA is well behind the litigation curve in an age where change is always in motion.
IN PARTNERSHIP
California Car Accident: How To File a Personal Injury Claim
by Robert T. Simon
Several steps are involved in filing a personal injury claim after a car accident in California. Read this article to learn about your legal rights and options.
IN PARTNERSHIP
What Are the Stages of a Criminal Case in California?
by Nafiz M. Ahmed
Criminal cases in California must follow proper procedures in court. One lawyer outlines each stage of a criminal case to offer guidance to all involved.
Incendiary Behavior
by Lyssa A. Roberts and Rahul Ravipudi
California’s future will see more frequent wildfires caused by faulty equipment. Litigation tied to recent Golden State infernos shows the way forward.
The Attorney You Choose Makes All the Difference
by A. Ilyas Akbari and Bobby Saadian
Choosing the right attorney for your lawsuit can make the difference for a successful outcome.
Trending Articles
2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.
by Jennifer Verta
Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.
Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence
by Jennifer Verta
Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.
Legal Distinction on Display: 15th Edition of The Best Lawyers in France™
by Best Lawyers
The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.
Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico
by Jennifer Verta
Celebrating top legal professionals in South America and the Caribbean.
Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom
by Best Lawyers
Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.
Unveiling the 2025 Best Lawyers Editions in Brazil, Mexico, Portugal and South Africa
by Jennifer Verta
Best Lawyers celebrates the finest in law, reaffirming its commitment to the global legal community.
Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform
by Jennifer Verta
Explore how Prop 36 could shape California's sentencing laws and justice reform.
Announcing the 16th Edition of the Best Lawyers in Germany Rankings
by Best Lawyers
Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.
Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™
by Best Lawyers
Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.
Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot
by Gregory Sirico
Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.
Find the Best Lawyers for Your Needs
by Jennifer Verta
Discover how Best Lawyers simplifies the attorney search process.
Key Developments and Trends in U.S. Commercial Litigation
by Justin Smulison
Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.
Woman on a Mission
by Rebecca Blackwell
Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.
Best Lawyers Celebrates Women in the Law: Ninth Edition
by Alliccia Odeyemi
Released in both print and digital form, Best Lawyers Ninth Edition of Women in the Law features stories of inspiring leadership and timely legal issues.
