Let’s start thinking about water!

Characterizing U.S. drought over the past 20 years using the U.S. drought monitor

There are several types of drought — such as meteorological, agricultural, hydrological, socio-economical, and ecological — as well as different drought metrics, such as the Palmer Drought Severity Index, Standardized Precipitation Index, and Rainfall Decile-based Drought Index. An agricultural drought may occur without a hydrological drought (and vice versa). Similarly, one drought index may favor one source of data over the other and show drought where the other does not. Leeper and others note these issues and explain that the U.S. Drought Monitor is a composite drought index informed by local expertise that might do a better job of representing general drought conditions. Accordingly, they analyzed the U.S. Drought Monitor since its inception in 1999 to investigate drought patterns across the United States. They found that droughts evolved much slower in the western United States compared to the east, resulting in longer but fewer droughts. They also found that the eastern United States experienced more frequent but shorter-duration droughts. In addition, they found that about 10% of all droughts were flash droughts, but that flash droughts were more common in the southern states.

Beyond Senate Bill 3: How to achieve environmental flows in Texas under prior appropriation

I debated whether to review this rather fantastic paper since I have a conflict of interest as a co-author. However, despite — or because of — its blinding excellence, I feel obligated to include it as part of the column. Dear reader, I promise that I will do my best to keep my discussion of this Nobel-worthy piece of work to just the facts…

IIt’s been 15 years since the Texas Legislature passed Senate Bill 3 in 2007, legislation that fast-tracked the consideration of flows for the environment for the rivers, estuaries, and bays of the state. The bill has been lauded, both in the state and nationally, for its intent, but others have noted issues with the process and the lack of on-the-ground protection of environmental flows. A big part of that lack of on-the-ground protection is due to the paucity of unappropriated water in the state that can be set aside for the environment. In this paper, Rubinstein and friends conduct a policy analysis to identify options for stakeholders and the legislature to consider for protecting more water for the environment while at the same time honoring private property rights.

The authors identified seven options (presented verbatim here):

1. protecting water right owners who participate in forbearance agreements from water right cancellation;
2. pursuing cancellations and affirming abandonments;
3. requiring that cancelled or abandoned water be set aside to meet environmental flow standards;
4. modernizing how surface-water use and diversions are tracked;
5.  requiring water right holders to demonstrate the pursuit of other water supplies before suspending environmental flows;
6. studying how environmental flows can coexist and be protected within a prior appropriation system; and
7. studying how dedications of water under existing water rights can be considered for tax credit or deductions to further incentivize transactions for environmental benefit. Riverine ecosystems are the canaries-in-the-coal-mine for the state’s surface-water resources. Protecting environmental flows protects water resources in general as well as preventing federal interventions concerning endangered species.

Mitigating conflicts with love and cooperation

I read this paper because of the mention of “love” in the title (and the shout-out-to-Tina-Turner subtitle for the conclusions, “What’s Love Got to Do with It?”). Philosophically, Longo and his lovers (not fighters) define love, in this case, as philia: “a mutual friendliness and familiar attachment” also known as brotherly love (one presumes sisterly love is philia as well). Perhaps another way of referring to philia is an appreciation and respect for the needs of your “adversaries” and an honest intent to find a mutually acceptable solution to problems. Longo and others note that philia involves empathy, the “ability to engage in the perspectives of others and to feel concern for their points of view,” and a recognition of difference.

In the water space, the authors investigate several case studies including Kansas-Nebraska, Egypt-Ethiopia-Sudan, and, closer to home, Texas-New Mexico with respect to the most recent disagreement over Elephant Butte Reservoir and the Rio Grande. Probably the closest to waterlove I’ve personally witnessed was the agreement between Texas and New Mexico irrigators in the late 2000s mediated by Patrick R. Gordon, the Rio Grande Compact Commissioner from 2008 through 2019.

Unfortunately, Longo and friends don’t discuss this more recent philia (sadly missing [it seems] from the literature) and instead focus on the philia of the original 1938 compact and the most recent lawsuit, instigated as it was by higher political powers in New Mexico not party to the agreement. Longo and others seem to favor Texas in the conflict by questioning New Mexico’s lack of concern for delivering water to Texas. The authors note that, for New Mexicans, “[the] love is for the fight and not for the resolution.” Ultimately, the authors note that for love to reign, there needs to be (1) legal structure and institutions, (2) reciprocal good will, (3) empathy, and (4) concerns for reputation (saving face). If love can’t be found, then perhaps a song by The Bobby Fuller Five becomes more appropriate in the water world: “I Fought the Law (and the Law Won).”