CIRS Blog about Rural California
Washington — Northern California and Oregon irrigation districts have won a key round in a long-running legal battle as they seek compensation for their loss of water in the Klamath River Basin.
In a 53-page opinion, U.S. Court of Federal Claims Judge Marilyn Blank Horn concluded the federal government’s 2001 diversion of Klamath River Basin water amounted to a “physical taking” of the irrigation districts’ property. Horn’s ruling Dec. 21 rejected the government’s argument that the diversion instead amounted to a “regulatory taking.”
The technical-sounding difference could shape the final dollar-and-cents’ outcome. As attorney Josh Patashnik put it in a Santa Clara Law Review article, a judge’s determination of a physical rather than regulatory taking “often plays a central role in determining whether property owners are paid compensation.”
WASHINGTON — President Barack Obama on Friday quietly signed and bequeathed to President-elect Donald Trump a massive infrastructure bill designed to control floods, fund dams and deliver more water to farmers in California's Central Valley.
While attempting to mollify critics’ concerns over potential harm to the Sacramento-San Joaquin Delta, Obama signed the $12 billion bill in a distinctly low-key act. The still-controversial California provisions were wrapped inside a package stuffed with politically popular projects, ranging from Sacramento-area levees to clean-water aid for beleaguered Flint, Michigan.
“It authorizes vital water projects across the country to restore watersheds, improve waterways and flood control, and improve drinking water infrastructure,” Obama stated, adding that “help for Flint is a priority for this administration.”
Dubbed the Water Infrastructure Improvements for the Nation Act, the bill passed both House and Senate by veto-proof margins following years of maneuvering and debate. Obama’s signature was never really in doubt, though administration officials had previously resisted some of the specific California provisions.
Fresno was the leading U.S. farm county until 2013, when the drought reduced irrigation water available to large farmers on the western side of the county. Fresno's farm sales for 2015 were $6.6 billion, down from $7 billion in 2014, and led by $1.2 billion worth of almonds from 186,000 acres and followed by $900 million for grapes from 195,000 acres. Fruit and nut crops worth $3.3 billion were half the value of Fresno farm sales.
Tulare county's farm sales dropped from $8.1 billion in 2014 to $6.9 billion in 2015, with lower milk prices for the county's 285 dairies explaining the drop.
There were many commodity stories in summer 2016. California's 900,000 acres of almonds are expected to produce a record two billion pound crop in 2016. Grower prices are expected to be about $2.50 a pound.
Table grape acreage is expanding to over 83,000 bearing acres. Workers in the San Joaquin Valley were being paid $10 to $10.50 an hour in summer 2016, plus $0.30 to $0.50 per 22-pound box, with a trio of two pickers and one packer sharing the piece rate. A trio picking 12 boxes an hour would share $3.60 to $6, or earn $11 to $13 an hour or $100 a day. Working six-day weeks for 18 weeks or 108 days, grape pickers could earn $10,800 or more a season.
Table olives have declined to 15,000 acres and 63,000 tons in 2016, in part because of the $500-a-ton cost of getting olives picked by hand. Many growers are shifting to nuts, which can be harvested mechanically.
WASHINGTON —Numerous California raisin growers are seeking federal compensation for crops surrendered years ago as part of an old supply management system.
Three new court decisions could help them.
In two lawsuits that seek to become a large class-action, and a separate suit filed by a single Fresno County farm, growers seek government payments to offset what’s been deemed a government “taking” of their property. A federal judge this week kept all three lawsuits alive, rejecting Justice Department efforts to dismiss them.
“At this point, the government should just settle and write the checks,” said attorney James A. Moody, who represents the Fresno County based Lion Farms. “In my view, the case is over at this point.”
By Gail Wadsworth and Elizabeth Henderson
The goal of fair labor standards is to achieve decent and humane working conditions for all employees. The Fair Labor Standards Act (FLSA) is a federal law which establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments. Agriculture in the U.S. is exempt from several of the FSLA requirements, such as overtime pay and child labor laws.
Many consumers are not aware of these legal exemptions but are aware of poor working conditions for workers on farms. Several organizations are working within the U.S. to improve standards on farms for laborers.
The Fair World Project recently examined some of the key challenges facing farmworkers and analyzed seven of the eco-social certifications that appear on our food. They found two programs with strong standards and good enforcement to help ensure workers are well treated: the Fair Food Program and the Agricultural Justice Project.
Only one of these recommended certifiers actively operates in California, the Agricultural Justice Project (AJP). We recently contacted AJP to get some questions answered for consumers in California who are interested in eco-social justice certification.
Consumers in the United States are especially fortunate to have access to fresh food at all times of the year. In our supermarket produce aisles it’s hard to tell what season it is when fresh fruits and vegetables are available all the time. We can be thankful for this abundance and especially in California where we have a year-round growing season. But hidden in the abundance of produce on the shelves is a darker story of food chain workers who struggle to eat the foods they grow and package.
Food Equity along the Chain
Equity is an essential characteristic of a healthy food system. Access to healthy, fresh, sustainably grown food is a basic human right. Ironically, this right is often denied to workers who are directly engaged (frontline workers) along the food chain.
The Food Chain Workers Alliance recently updated their report “The Hands that Feed Us” from 2012 with the new report, “No Piece of the Pie.” The report is full of sobering data. The food industry, employing 21.5 million people is the single largest employment sector in the US. And, despite steady growth of the sector, wages for workers have only risen twenty cents an hour in the last four years. As a result, food workers are increasingly turning to food assistance programs, like SNAP (Supplemental Nutrition Access Program also known as Food Stamps) to help feed themselves and their families. Median wages for front line food workers are $16,000 while industry CEOs have a salary of $120,000.
- Despite employment growth, the food chain pays the lowest hourly median wage to frontline workers compared to workers in all other industries.
- The annual median wage for food chain workers is $16,000 and the hourly median wage is $10, well below the median wages across all industries of $36,468 and $17.53.
- Food chain workers rely on public assistance and are more food insecure than other workers. Thirteen percent of all food workers, nearly 2.8 million workers, relied on SNAP to feed their household in 2016.
- This was 2.2 times the rate of all other industries, a much higher rate than in 2010 when food workers had to use food stamps at 1.8 times the rate of all other industries.
- Food insecurity in households supported by a food chain worker rose to 4.6 million during the Great Recession ("No Piece of the Pie," Executive Summary, Pages 1-2)
There is not enough farmworker housing. A combination of economic incentives, stricter regulation of housing quality, and worker preferences suggests there will continue be a shortage of affordable and decent housing for seasonal farmworkers.
Until the 1960s, many farmers housed seasonal workers on their farms in a bid to attract them and to have workers available when they were needed. On-farm housing was often offered at little or no cost, and workers did not incur costs to commute to work.
Unionization and tenant rights, as well as tougher regulations and enforcement, encouraged many farmers to eliminate on-farm housing, which they could do in the 1970s, 1980s and 1990s and continue to attract workers because unauthorized migrants flooded into the United States. Today, most farmworkers live in farmworker cities, often crowded into single family homes, and many commute in car- and van-pools to work.
Federal and state governments operate farmworker housing centers, most of which give preference to families and offer a range of health, education and other services to workers and their children. Solo males generally live off of the farm and away from subsidized centers, especially when they work in short-season crops, such as the three-month table grape harvest in the Coachella Valley.
California needs more housing, but zoning laws that require developers to "maintain neighborhood character" and limit how many unrelated people can live together raise housing prices and slow the migration of poorer people to boom areas such as San Francisco. Many of the tech workers in San Francisco earn $150,000 to $200,000 a year, and the city's median house price in summer 2016 was $1.1 million.
By some estimates, United States GDP could be increased by 10 percent if zoning restrictions were eased so that poor people could move to richer areas and enjoy higher wages without spending their extra earnings on housing. A state law supported by Governor Jerry Brown would make it harder for cities to saddle developers with open-ended design, permit and environmental reviews. Many people in desirable places want to pull up the drawbridge, arguing that allowing more people into their cities would degrade the quality of life.
Seasonality is a characteristic of agriculture. Some seasons are busy, others less so. Busy times mean more employees — and less busy times – well, seasonality in farming is why it has always been hard for farmworkers to find year-round steady work. Most people still think of farmworkers as migrants, moving from one part of the country to the next, following the harvest as crops mature. For migrant farmworkers from time immemorial, there have always been periods of time when work is scarce. This is unlike almost any other profession. Sure, teachers have traditionally had time off in the summer. Landscaping and construction are also kind-of seasonal. But I think not to the extent that is built into the very nature of farming. Harvest time is fraught with urgency — the crop must be in the barn and out of the rain, or at the processing plant and out of the field, in a short window of time, or it will be lost. All the effort of keeping the crop safe, growing it from a seed to a grain, or from a bud to a fruit, can be for naught, if the harvest fails for one reason or another.
California's labor force in summer 2016 was 19.1 million, including 18.1 million who were employed. Los Angeles County has a labor force of five million, followed by 1.6 million each in Orange and San Diego counties, and almost one million each in Riverside and San Bernardino countries, that is, the five major southern California counties have almost 55 percent of the state's labor force.
About 16.5 million California workers are employed in nonfarm wage and salary jobs; there are 430,000 hired farm workers. Four sectors include two-thirds of the state's wage and salary workers: trade, three million, followed by professional and business services, education and health services, and government, which each employ 2.5 million.
Washington — Three Northern California dams and one in Oregon would eventually fall, under a proposal floated last month to a federal agency.
Facing resistance from Republican lawmakers, dam-removal proponents now hope to outflank Congress at the Federal Energy Regulatory Commission. Advocates say removing the dams would help restore the Klamath River.
By Renata Brillinger
The Soil Carbon Challenge digs directly into the ground with the farmers, ranchers, and landowners who can manage land to improve soil health. Peter Donovan, a leader in demonstrating the connection between land management practices and increased soil carbon, founded the Soil Carbon Challenge—“an international prize competition to see how fast land managers can turn atmospheric carbon into water-holding, fertility-enhancing soil organic matter.” Peter has established an approach to scientifically showing (not just telling) the nexus of appropriate land management, soils, and carbon sequestration.
When managed correctly, soil can become a “sink” for atmospheric carbon while also providing benefits such as increased water holding capacity, decreased erosion and runoff, and improved health, productivity, and resilience due to enhanced populations and diversity of soil microorganisms.
Peter believes in showing possibility by measuring change over time, and recognizing actual results. As such, The Soil Carbon Coalition supports “a different kind of science”, believing science is “based on shared evidence, open participation, specific locations and situations, and on learning to manage wholes more than parts.”
Washington, D.C. — San Joaquin Valley officials picture a world in which:
State Route 99 grows wider in Merced, Madera and Tulare counties. Stronger roads support the region’s heavy dairy tankers. New reservoirs get built. And, not least, some bipartisan cooperation blossoms on Capitol Hill.
Farfetched? Maybe. But this week, elected representatives and staffers from eight Valley counties are making their collective case to an often-fitful Congress. They’re following the adage, sometimes applicable in lobbying as in life, that fortune favors the bold.
“We’re bringing attention to the needs of the Valley, and making sure that all of our legislators know where we stand,” Stanislaus County Supervisor Bill O’Brien said Wednesday, adding that “we also get different audiences than we normally get with just the congressmen.”
O’Brien, for instance, was speaking in the Cannon House Office Building, where three House Transportation and Infrastructure Committee staffers were briefing the visitors. In the afternoon, the Valley officials talked about clean air rules at the Environmental Protection Agency.
SACRAMENTO – Farmers and ranchers throughout California commend the legislature for its recent actions on climate change. The passage of key climate bills, alongside the appropriation of more than $65 million for climate-smart agriculture programs, will provide needed resources for farmers and ranchers to address a changing climate.
“Farmers have a lot at stake in a changing climate as our extreme drought reminds us,” said Tom Willey at T&D Willey Farms in Madera. “We experience the impacts of climate change on our farm every day. I commend the California legislature for continuing down the path of reducing greenhouse gas emissions and investing in the continued success of California agriculture.