WE THE PEOPLE

I was born on the 4th of July and have sworn an oath to the Constitution six times. It means something to me.

Those feelings can be summed up in the beginning language of the Declaration of Independence.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed

Powerful words put to paper 249 years ago this week. Even the capitalizations used stress the importance of men, all men (and women) over governments. Democracy over Autocracy and Monarchy.

The protections of the Constitution are found in its amendments. The first ten, written by James Madison (the Bill of Rights), were written to satisfy the anti-federalists that feared too much power aggregated in the hands of the government, particularly the executive. Today, Congress and, increasingly, the Judiciary, have given territory under the checks and balances landscape of our three-co-equal branches of government to the executive.

It's a dangerous path that would trouble the founding fathers. Luckily, all power the government (and executive in particular) has is dependent on a greater power. The power of the people. The power of the vote.

It’s not the first time, one branch has vaulted ahead. History is a lesson in swings. James Madison and Alexander Hamilton lobbied  for the Legislative branch to be the strongest, feeling it to be the branch most  accountable to the people. The Warren Court (1953-1969) expanded civil rights and civil liberties lurching ahead of its counterparts. Today, the executive seeks what many see as unrestricted power. It may accomplish that, but the pendulum will swing back. For every action there is a reaction. That is the beauty and strength of the Constitution. 

So, when you read the news (right or left), it’s always good to have perspective. Today’s platforms to control speech, what is read, sexual orientation, media, culture, and thought will be the other party’s platform tomorrow (to the dismay of most in the middle).

The true meaning of the Constitution is to treat your fellow countryman with respect, whether you agree with their philosophies are not. Discourse over discord is what our founding fathers sought. We the people.

DAM(N), I HAD NO IDEA I WAS DEWATERING AMERICA

I’ve railed against the wasteful and dumb use of water before. These days, the tech billionaires and the administration actively promote cryptocurrencies and other wasteful uses of water.  A single bit-coin transaction can use 6.2 million times more water than a credit card swipe. Why? Electricity, power demands.

Electric demand in the US is expected to increase by over 75% in the next 25 years. Much of that demand will come from crypto-mining and data centers. Another chunk will come from rising temperatures resulting in longer cooling seasons and higher cooling loads (climate change). So, what does that have to do with water?

We are still using technology from the mid-20th century to generate electricity. Turbines driven by steam, created by superheating water. On average 2.0 gallons of freshwater are consumed to generate one kWh of electricity. The exception, of course, is hydro-electric dams/turbines. Here’s the average breakdown:

 ·         Water Used in Coal Fired Power Plant to Generate One MWh:          35,000 gal

·         Water Used in Nuclear Power Plant to Generate One MWh:                2,200 gal 

·         Water Used in Gas Fired Power Plant to Generate One MWh:            2,800 gal

 The energy needed to mine one bitcoin has been estimated to conservatively require 155 MWh, about the amount of energy a single family residence uses over 50 days. So, if the mining of a single bitcoin consumes the same amount of water as 6-7 homes in a year, how responsible (or irresponsible) is it to promote and partake in crypto-currencies?

Cryptocurrencies produce no independent tangible benefit. They are just another currency, just another investment vehicle.  A wasteful footprint the world cannot afford. I’m an optimist. I suspect that if people knew these facts, they would choose not to delve into cryptocurrencies.

 

 

WATER WARS Part 1: India & Pakistan

I write thrillers that weave in nature concepts like climate, the environment and water. I have spent my life dealing with one subject, water. My first attempt at a thriller exposed conflict over water between Turkey  and Iraq. Nations have been close to war over water. With climate change, looming conflicts are when not if.

This week’s skirmish between two hostile nuclear powers, India and Pakistan was ostensibly over control over Kashmir, but embedded in that conflict is the resource of water. The Indus River originates in China, flows into India and then into Pakistan. It’s six primary tributaries are he subject of a transboundary treaty (the 1960 Indus Water Treaty (IWT)), that generally allocates the three Eastern tributaries (Ravis River, Beas River, and Sutlej River to India) and the three Western tributaries (Indus River, Jhelum River, and Chenab River) are split 80% to Pakistan and 20% to India.

 

Well, the old water saying is, “I’d rather be upstream with a shovel than downstream with a water right.” India has been making overt rumblings that it wants to renegotiate the ITW, citing climate change impacts to the watersheds and its demands. Pakistan is not eager; 80% of its agriculture and a third of its hydropower is reliant on its share of the ITW.

 

So, when India blamed Pakistan for targeting Hindu tourists in a deadly attack in Kashmir, it “suspended” the ITW. Pakistan denied involvement in the attack and despite the ceasefire between the parties, the ITW remains suspended with Pakistan threatening legal recourse under the treaty. India really can’t stop the flow into Pakistan, it’s that pesky thing called gravity. Without infrastructure, to divert water the water, it will continue to flow…for now. But there is little doubt that this is a conflict that will intensify as demands increase and the effects of climate change reduce the supply side of the equation.

 

Stay tuned, there are at least seven other simmering transboundary water conflicts. I see another novel brewing.

 

 

WHO’S USING MY WATER?

I always cringe when I hear those two words together: MY WATER. Why, you ask. First, a bit about my perspective. I have spent my life dealing with one subject, water. As a water attorney fortunate enough to represent some of the nation’s most prominent companies, people, and water providers, I’ve heard those two words together too many times.

It's a NIMBY term usually uttered by those that don’t understand where water comes from, how it is used, who has rights to it, and how fragile and treasured water is. There’s a saying: If you have water, you don’t understand it; if you don’t have water, you know water well. In other words, if you’re from the East, you likely don’t give water much thought, just turn on the tap. In the west, water is precious, coveted, fought over.

With that backdrop, let’s get some statistics out of the way.

First, how is water used? Nationally, municipal and domestic use accounts for about 13% of all water use, agriculture 32%, power generation 45% and 10% miscellaneous uses. In the western united states, where water is scarcer, the figures are much different. There, 72% of water used is in agriculture, 22% municipal and domestic, and the balance is a mix.

That may come as a surprise to many that believe urban sprawl and development are the evil users of water. Not really. Not only is the share of water use surprisingly low, most, upwards of 90% of that water returns to the hydrograph in the form of treated wastewater discharge to be used again. In Colorado, my home state, we say “flush, California needs the water.”

In fact, as a result of education and conservation, the nation’s municipal water utilities use approximately the same amount of water now that it did in 1970, despite the population increasing by 40% in that same. Some good news.

The next question is where does the water come from? It depends on who’s using the water and where they reside. The vast majority of water use for domestic, industrial, and municipal uses comes from surface water. For agriculture, nearly 30% comes from groundwater. In some states, this figure is dramatically higher.

Despite far too many states failing to understand the interconnection between surface and groundwater (another reason politicians shouldn’t be left to their own when it comes to science), most groundwater withdrawals tap water connected with a surface stream (tributary water). The exceptions are confined aquifers such as the Ogallala in the great plains, that stretches from South Dakota to Texas. But that is a whole other post.

So, back to my original point. MY WATER. Water knows no geographical or political boundaries. It is a resource to be used wisely and once used available to others. Like energy, water can never be consumed to extinction. All the water that once was at the time of the dinosaurs remains today. Its wise use and recognition as a precious resource will ensure that future generations have an ample supply. How that is done is for the next couple of posts. Stay hydrated and stay tuned.