California Could Finally Get Serious About Water

by Greg Walcher on May 15, 2026

The Wall Street Journal headline said “San Diego Now Has So Much Water That It’s Selling It.” The article said San Diego generates enough water to rescue Arizona, though that’s jumping the gun just a bit. No such deal has actually been finalized yet, but the fact that the conversation is underway marks a new era in Colorado River negotiations. And not a minute too soon.

The latest optimism is not based on any change in the historically low flow of the Colorado River. It’s based on the realization – at long last – that California does not need Colorado River water. That realization has finally come not only to Upper Basin states like Colorado (which has been making this point for decades) but to all of the seven states in the Colorado River Basin, which are entitled to various amounts of river water allocated by a century-old interstate compact and several other legal agreements.

California occupies 840 miles of coastline on the world’s largest body of water, the Pacific Ocean. The issue of desalination has risen to the top of the agenda for other Basin States now for two reasons. First, the inability of the states to reach an agreement on drastic reductions in their water use requires them to focus on other alternatives. Second, the oceanside Claude “Bud” Lewis Carlsbad desalination plant in San Diego County has completed a series of upgrades that may be game-changing.

Compared to other desalination plants around the world, the Carlsbad facility is relatively small. But for California, it represents a giant leap. The plant was constructed in 2015 to convert seawater from the nearby Encina Powerplant. After Encina shut down in 2018, the desalination plant had to make significant upgrades to replace that water with ocean water, upgrades just recently completed.

San Diego’s unique situation led to a serious effort that took years. During a drought in the early 1990s, San Diego lost a third of its allocation, which came almost entirely from the Colorado River. That prompted major investments, including enlarging a dam and buying agricultural water rights from the Imperial Valley. It also led to serious investment in the Carlsbad desalination plant, which can now produce about 50 million gallons per day. That is extraordinarily modest compared to other such plants around the world.  

Desalination on a commercial scale began in Saudi Arabia in 1907 with a coal-powered distillation machine. Technical advancements over the decades led to establishing the Saline Water Conversion Corporation in 1965, now the world’s largest producer of desalinated seawater, with a capacity of 1.32 billion gallons per day. That’s equal to 26 of the San Diego plants.

Worldwide, there are more than 18,000 desalination plants, producing 25 billion gallons a day for 300 million people. That’s almost 10 times the population of California, and the volume of desalinated water represents about 30 million acre feet – more than double the entire flow of the Colorado River.  

In 2023 the California Coastal Commission rejected the Poseidon desalination project, which was 20 years in the planning and would have supplied another 50 million gallons a day. The Commission cited, among other factors, the “high cost of the water and lack of local demand for it…” While Los Angeles estimated its demand at 500,000 acre feet a year, or 447 million gallons a day.

Some reports show that even the new plant in San Diego has run below maximum capacity because “imported water sources” were cheaper. That is, in a nutshell, the main reason California has long refused to talk seriously about desalination, even though it is a central part of the State’s long-term water plan. Taking more from the Colorado River is cheaper, and the impact on other states just doesn’t matter to some California water leaders, though with a $4.1 trillion economy money is really no obstacle. California’s economy is four times larger than Saudi Arabia’s.

Still, the success of the San Diego plant has now led Arizona and Nevada to suggest that other states could help finance such projects. The federal government could also help share costs, and water exchanges could then leave millions of acre feet of water in the River for the other states – states that do not have oceans – while possibly refilling Lake Mead and Lake Powell. One San Diego water manager explained simply, “You’ve got to be able to move water from where it is to where it’s needed.”

Despite recent gloomy predictions, there may be more hope than ever, by looking further West to where the water is – the ocean.

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Is Every Government Employee a Cop Now?

by Greg Walcher on May 2, 2026

I don’t know anyone else who tracks the number of federal cops, but the watchdog group Open the Books occasionally reports on the burgeoning number of federal agencies with law enforcement divisions. The latest report, “The Militarization of Federal Bureaucracy” detailed the astonishing scope of federal police power. There are over 200,000 federal officers with guns, badges, and arresting authority, in a whopping 103 different federal agencies. The federal government has more law enforcement officers than America’s 25 largest cities combined.

Those 103 federal agencies – half of which are not primarily law enforcement – spent $3.7 billion on guns, ammunition, and military-style equipment between 2006 and 2023. The FBI and ICE have always had that. But the National Institutes of Health in suburban Bethesda, Maryland now has its own fleet of police cars with cops who carry guns and can arrest people. So do the Bureau of Engraving and Printing, Library of Congress, National Park Service, Forest Service, Fish and Wildlife Service, Marine Fisheries Service, Government Printing Office, and the Bureau of Land Management (BLM).

It is BLM law enforcement that has raised hackles across the West lately, prompting a major federal court case with far-reaching implications. That’s because the BLM has gone far beyond deploying cops to enforce laws. The agency has created its own laws – not typical land management regulations but criminal laws – then sent their own cops to enforce them.

The current case is so over-the-top it’s hard to believe, but it’s real. BLM used Federal Land Policy Management Act (FLPMA) authority to classify ordinary traffic violations as criminal offenses, subject to $1000 fines and jail time. A man in Moon Rocks, Nevada named Gregory Pheasant was caught riding a dirt bike at night on BLM land – an area where dirt bikes are allowed – with a broken taillight. Moon Rocks, Nevada isn’t the middle of nowhere – it is the end of nowhere. Never mind that there was no traffic issue, because dirt bikes in the desert do not encounter traffic, so there was no safety issue. Never mind that in every single state, including Nevada, a broken taillight is a traffic

violation, carrying a civil fine. In Colorado it’s a $15 ticket. But Mr. Pheasant was not given a ticket. He was arrested. Charged with a crime. Threatened with jail time.

To be clear, when Congress passed FLPMA in 1976 it granted BLM authority to issue regulations enforced by criminal penalties on BLM land. The legal question is whether Congress had the right to do that. Delegating enforcement authority is routine and expected. Delegating regulatory authority is another thing. But granting the authority to make criminal laws is yet another, and that is the question now before the Supreme Court. Mr. Pheasant sued, challenging Congress’s authority to delegate to any executive branch agency the power to decide what is a crime. The federal district judge agreed with Pheasant and dismissed the case. But no one has more lawyers than the government – BLM appealed, and the 9th Circuit Court of Appeals sided with Congress and BLM.

Even though BLM’s rule is wildly out of synch with state law, the Nevada Attorney General is running for Governor and didn’t want to take on the BLM and its allies. So, the State of Idaho took up the cause, joining Pheasant’s appeal to the U.S. Supreme Court. Idaho’s brief argues simply that, “The Constitution gives Congress the power to make laws and the Executive the duty to enforce them, but here Congress improperly handed the power to define crimes on public lands to the Bureau of Land Management.” Now joined by 20 other states, the plaintiffs explain that FLMPA allows BLM to make criminal laws on 245 million acres of public land without any meaningful limits, or even definitions, from Congress. The suit asks the Supreme Court to enforce the Constitutional requirement that elected representatives, not unelected employees, define criminal conduct, and to “restore the separation of powers the Founders designed.” The high court has yet to decide whether to hear the case.

I am a law-and-order guy. I think if a federal official sees someone breaking the law, something that threatens public safety, they should call the police. There are 3,144 counties in America and every one has a sheriff with a gun, badge, and arresting authority. They can easily handle traffic violations, even broken taillights. But they don’t get to make the laws, they enforce them. That’s the way it should work, at every level of government – even the BLM.  

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Passing the Bill to Find Out What’s In It

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Where Money Meets Power

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Giving States a Seat at the Table

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NEPA Was Never Meant to be a Weapon

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Look What They’ve Done to Her Song

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Greenpeace Judge Might Just Beat the Dutch

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My granddad had a great expression when something was remarkable or astonishing: “Well, if that doesn’t just beat the Dutch!” It was a linguistic heirloom of the 17th Century when England and the Netherlands were commercial and naval rivals. Something had to be extreme to surpass even the Dutch, so that eventually became a common […]

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Cracking on About Wind and Solar

March 6, 2026

John Palsgrave, a linguist and tutor in Henry VIII’s court, illustrated a point by writing, “He cracked afore we came hyther that he wolde do marvaylles, but nowe he is shronke asyde no man can tell whyther.” The word “cracked” was often used in the Middle Ages to mean “boast,” as in “he cracked on […]

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