Felix Smith, the whistleblower in the selenium poisoning of the Kesterson National Wildlife Refuge, has written a white paper on the dangers of irrigating an alkali desert loaded with the trace element selenium.

Abstract for Felix Smith's paper:  Public Trust, Selenium and Unreasonable Use of Water

This paper defines the ownership of California water and the roles of the State Water Resources Control Board (State Board) and USEPA which is to attain the highest water quality that is reasonable and beneficial.  Ownership of land includes responsibility for how it is used.  The history of the Public Trust Doctrine and its application is to protect beneficial uses and ecological values – to maintain natural resources, not to privatize beneficial uses.  The state's obligation under the public trust includes protecting sustainable aquatic systems.

The characteristics of selenium and how it bio-accumulates are described as well as its destructive impacts on birds, other wildlife, and human health.  Other water quality stressors are ag chemicals and other wastewaters, and the unknown synergy between all of these and selenium.  The San Joaquin River is called the longest selenium hazardous waste site known to man.  The San Joaquin Valley would not be irrigated without the subsidies provided by the Central Valley Project, by the federal farm bill's crop subsidies and the subsidized energy used to pump water.  These subsidies have greatly increased the value of land that otherwise would be almost worthless and has degraded many public trust values.  The United States can oust conflicting uses of water without compensation in order to protect public trust values.

READ WHITE PAPER HERE and REFERENCES HERE.