I have distilled my three top questions for new or additional water markets in California. I would oppose any proposition for new market activity until I had answers I liked to these three questions.
- What social goal is the water market trying to achieve? That goal cannot be “have a real good market”. Water markets are tools, among other tools like regulation or planning, that can be used to achieve something. What is that thing for this specific proposed market?
- What is the built-in mechanism that ensures that the market is redistributing a fixed amount of water with economic efficiency, rather than efficiently drawing an open-ended amount of water out of the environment, the ground, and rural communities?
- What is the built-in mechanism for the Kaldor-Hicks compensation? The Kaldor-Hicks criteria says (roughly) that the water reallocation would create so much more value that the winners could compensate the losers (beyond or outside the sale itself). But that never actually happens, so I would want to see a mechanism for that built right into the market.
As an example, I will apply these three questions to a couple different potential water markets.
Example 1: A newly formed Groundwater Sustainability Agency has determined the sustainable yield for the year and wants to allocate that yield among the users in the area the GSA covers. It proposes to do so by water market. I have three questions for them!
Q1. What social goal is the proposed water market trying to achieve?
A1. Our goal is to allocate this year’s sustainable groundwater yield amongst the users in our boundaries. We want to do this the way that gets the most economic value out of that water.
Q2. What are the mechanisms that ensure that the market is only allocating a fixed amount of water?
A2. We used geology and hydrology to tell us how much water could be withdrawn from the groundwater basin this year. After the market allocates that amount of water, we will check well meters, pump electricity bills, and patrol irrigated lands to ensure that only that amount of water is used and there is no additional theft of groundwater.
Q3. What is the mechanism for the Kaldor-Hicks compensation?
A3. All water sales will include fees for paying back the state for repairs of infrastructure damaged by subsidence, for compensating the people who were not able to buy water this year, and for helping injured third parties.
Those are great answers. I am not opposed to this water market, although I would like to see if other tools could generate greater benefits for the state. Now let’s try another example.
Example 2: People really think that California should have a more faster better water market because water markets would fix everything.
Q1. What social goal is this water market trying to achieve?
A1. I suspect it is a combination of getting additional water for urban use and new urban development, prying water lose from senior rights holders without challenging the water rights system, and retiring some ag land because we “shouldn’t” be growing field crops. But no one says those things. I don’t know what the goal is, because the goals people list are usually vague-ass bullshit about sending price signals or improving efficiency. Or hell, being cool, like Australia.
Q2. What are the mechanisms that ensure that the market is only allocating a fixed amount of water?
A2. Right now, proposals for a statewide market are usually paired with calls for “better data” on realtime use. But that measuring and monitoring barely exists now, not even for direct use, much less water sales. It takes a long time to verify that sellers are only selling water they’d have consumed, that they aren’t just backfilling the sale with groundwater or riparian water. There is no effective statewide mechanism for this.
Q3. What is the mechanism for the Kaldor-Hicks compensation?
A3. HAHAHAHHHHAHAHHAAHAhahahahaHAHAhah ha hah ha hah ha. *Sigh* You’re killing me. Rural communities try to get at this by passing Area of Origin laws saying water can’t be sold away, and we try to ensure that third parties aren’t hurt before permitting the sale. But those are the types of things that market advocates want to “streamline” away.
These answers do not give me confidence, so I am opposed to setting loose (more of) an unguided water market in California.
If you are in the path of a proposed water market, you should ask those three questions until you get answers you like in small words. The answers aren’t economic concepts, they are social concepts, so you should understand every inch of the answers. Oppose using market mechanisms until you are satisfied on these points.