
Deadpool lies behind Rawls’ veil of ignorance
Brad Udall gave a talk in 2013 that became foundational to my thinking about solving the challenge of life with a shrinking Colorado River. Here’s how I described it in my book Water is For Fighting Over:
Udall distinguished between the “reality of the public” and the “reality of the water community,” describing a world in which regular folks have no clue about things water professionals obsess over—things like Article III(d) and the Colorado River Basin Storage Project Act and the “doctrine of prior appropriation.” Udall’s “public” is a community of people who just want to turn on the tap and have the water come out. But they have some basic notions of fairness and good sense, imagining that the policies underlying our attempt to supply that water will consider questions of equity, sound economics, and the environment. Water-management actions that violate those notions will, to quote Udall, “violate the public’s sense of ‘rightness.’”
An adaptation of Brad’s thoughts were the original closer in my op-ed in today’s New York Times. We ended up cutting the paragraph because the piece was far too long, but the idea is at the heart of the thing.
I argue that California’s defense of what it understands to be its priority on the Colorado River is an attempt to push the burden of the impact of climate change onto its neighbors.
If the water in Lake Mead dips below 1,025 feet above sea level, California’s proposal would cut Arizona’s allocation in half, but California’s share, which is already larger, would be cut only 17 percent. That would mean central Arizona’s cities, farms and Native American communities would suffer, while California’s farmers in the large desert agricultural empire of the Imperial Valley — by far the region’s largest agricultural water user — would receive more water from Lake Mead than the entire state of Arizona….
Many Native American communities in Utah, Colorado, New Mexico, Arizona and California that were left out when the water subsidies were handed out in the 20th century deserve a much bigger share of the river than they have received. California’s intransigence is making it harder to meet that legal and moral challenge.
The fish, birds and vegetation of the Colorado River also need water to survive. Collaboration among all seven basin states has, over the last decade, returned a modest supply to once-dry stretches of the river’s bed. California’s intransigence makes that harder, too….
If we approach the challenge with a sense of fairness and shared sacrifice it will be possible to save the West that we know and love. But this can only happen if California joins in, rather than trying to hoard the water for itself.






