The question of water

Richard T Estrada, Modesto Bee, California, 9 September 2001

Developers would be required to prove they have water to support new subdivisions before building the first house under proposed legislation that has the backing of agricultural and environmental groups.

Senate Bill 221 would close a loophole in the California Environmental Quality Act, said Jan Ennenga, manager of the Stanislaus County Farm Bureau.

"Right now, development only has to show that theoretically there is water available for the houses," Ennenga said. "This would be the difference between paper water and real water."

Before builders receive final approval for a residential development of more than 500 units, they would have to provide proof that they have the water to satisfy the community's needs.

The bill is being watched closely by Northern San Joaquin Valley farmers because of the region's housing expansion and restrictions on water use for crops.

Agriculture's take on the bill, according to the California Farm Bureau Federation, is that it will protect farmers' water rights and perhaps encourage more water storage facilities.

"We are at a stage where water development hasn't kept pace with population growth in California," said Dave Kranz, water information director for the farm bureau. "We're adding hundreds of thousands of people each year and little to our water supply to serve those residents.

"The only way to meet those needs is to take water from other users, often farmers," Kranz said. "In the long run, that's not a good idea. These new residents not only are going to require water, but food, too."

Access to water is needed to ensure the health of California's $27 billion ag industry, but it has been a concern in recent years given the urban and environmental pressures.

"There are only so many places to take water from, and it's become more difficult on farmers because there is little flexibility with water dedicated to the environment," Kranz said. "Endangered species protections make it difficult to divert that water."

The new water bill is sponsored by state Sen. Sheila Kuehl, D-Santa Monica. It excludes proposed residential projects in urban areas that are designed for very low and low-income households.

The Diablo Grande project in the foothills on the West Side of Stanislaus County, which could eventually include 5,000 homes, would have been subject to the restrictions called for in the bill.

"What's in place right now is essentially disclosure," said Syrus Devers, a Turlock native and a water consultant for Kuehl. "You have to disclose where you'll get your water from, but there's no remedy even if you disclose there might not be enough water for your development."

An amendment easing the burden of proof on a developers' right to pump groundwater convinced some builders' groups to remain neutral on the legislation.

That doesn't mean builders aren't still troubled by the bill.

"Our industry as a whole feels it isn't right to pit one segment of California against another. We get enough of that from other states coveting what we have here," said Ed Taczanowsky, executive vice president of the Modesto-based Building Industry Association of Central California.

"The real answer is long-term water storage and conservation," Taczanowsky said.

The bill is awaiting a vote in the Assembly. If approved, it would return to the Senate for consideration of approval of changes. The final step would be the governor's office.

"Any time we've got the major environmental groups, building groups and the farm bureau on the same page, I'm confident we'll get it passed," added Devers, whose father is an almond grower in Stanislaus County.