The Water Dispute
I had been at Chloe’s pear orchard since before dawn, having arrived early in anticipation of the investigators. Two unfamiliar trucks were parked at the entrance of the farm. On the sides of the vehicles, blue letters were clearly visible.
NSJWCD – North San Joaquin Water Conservation District.
And I wasn't the only one there from the crack of dawn.
"If the investigation results show any problems, we won't let this slide. Just so you know."
"We’re going to file for damages."
The farmers who had visited before were back, throwing threats around. But there was someone among them I hadn't seen before: a tall man with black hair, standing well over 190 centimeters, with a long, angular face.
He stood with his arms crossed, his sharp gaze darting between Chloe and the investigators. He was the one in that group who concerned me the most.
"Who is that?" I asked, and Liam replied.
"That’s Mr. Jack O'Connell, the owner of the pistachio farm about 5 kilometers to the southeast. He runs a massive operation, over 400 acres."
At the mention of a pistachio farm, I furrowed my brow. In terms of water consumption, a pistachio farm is even more demanding than a pear orchard. A single tree can require 60 to 80 liters of water or more per day during the summer.
"Good morning. I’m Harold Curtis, a field investigator for the NSJWCD. We’re here to investigate the suspected drop in water levels caused by the excessive operation of your well, as reported."
"Yes, please, do a thorough job," Chloe said as she shook his hand. The man, dressed in a dark navy shirt and wearing sunglasses, held a thick folder of documents.
"We always follow procedure. So, do you consent to the investigation regarding the complaint?"
"Of course."
The man who had protested the most aggressively earlier chewed his gum and raised his voice.
"There’s definitely a problem! You need to investigate it properly!"
"Understood. Since consent has been given, we will begin the investigation."
The investigators immediately pulled out their equipment and moved to where the well was located. The thin line of the water level meter was lowered into the well, and after three beeps, a graph appeared on the screen.
Harold narrowed his eyes as he watched the blue line drop slowly before taking a sharp dip at a certain point.
"Do you see this? The water level drop starts on this line before it does at other farms. Given the topography, the water flow moves from north to south... so this farm would be the primary source."
I nodded and peered at the screen.
"That’s due to the terrain. The surface in this area is tilted at about a 3-degree angle, so..."
"That’s the farm's opinion. We judge based on data."
His tone grew increasingly cold. He continued his explanation in a strictly professional manner.
"Technically, it’s the most likely scenario. For now, we will designate your farm as the provisional cause."
He said that and scribbled a note.
Primary suspect site – Lodi Pear Orchard.
Chloe cried out in surprise.
"Wait a minute! The investigation isn't even finished, why are you starting with us...!"
"With the water level dropped this low, it’s a wonder your pear trees are even alive. As a temporary administrative measure, cease well operations for 48 hours."
I was dumbfounded, but I had no choice but to follow the legal procedure for now.
"Even if this order is baseless, we will accept it for now. But we will keep a record of this."
When I told him to write down the investigator's name and the details of the administrative action, Harold didn't care at all; instead, he raised one corner of his mouth in a sneer.
"Suit yourself."
After the investigators left, the surrounding farmers began to clamor as if they had been waiting for it. We had received an administrative order, and we declared that we would appeal and demand a proper re-investigation.
"Hmph! We won't just sit by!"
"Get ready to face a class-action lawsuit!"
The farmers lashed out like a storm before leaving. Their eyes looked as if they had just seen a witch from the Middle Ages. The only fortunate thing was that Chloe didn't show any signs of being depressed.
"So they think they've caught us in a trap, huh? We aren't just going to sit here, right?"
Chloe was burning with fighting spirit.
"I’m going to file a Reconsideration Request and a request to stay the administrative order within the day."
"That’s the spirit!"
Chloe, who had clenched her fist, suddenly looked at me with puppy-dog eyes, perhaps feeling a bit worried.
"We aren't actually the problem, are we?"
"I checked earlier. It wasn't that the well was drilled to the wrong depth. If that’s the case, the problem is definitely originating somewhere else."
"Then why are they blaming us without checking further?"
"That’s..."
I started to explain but stopped myself. However, Chloe understood what I meant, and she raised her eyebrows in a sharp arch and shouted.
"Those disgusting racists! You can't even educate people like that! We have to screw them over legally! That’s the only way to make sure they never do this again. Can’t we do something through a lawsuit?"
"It’s hard to prove. We just have to move past it. You know? It’s not easy."
Chloe grabbed my arm with a sullen face.
"I’ll apologize on your behalf."
"Ha, you’re not in a position to apologize to me right now. We’re the ones about to get sued."
"You’ll handle it well, like you always do."
She gave me a bashful smile, and I couldn't help but laugh along.
"Yeah, let’s just solve this first."
At this, Liam, who had been watching, asked.
"Are you planning to call a lawyer?"
"A lawyer is overkill; a paralegal should suffice. And I can’t do this alone; I need to call a Hydrogeological Consultant."
Groundwater interference disputes between farms were quite common in the United States. Because of this, hydrogeologists or water resource consultants were already active, and it was common to analyze well levels, pressure, and pump volumes to create a Well Interference Report to submit to administrative hearings or courts.
"Understood. Do you know of any consultants?"
"I’ll have to ask around. In the meantime, could you help me prepare the necessary materials for filing the documents?"
"Of course."
I immediately made a call. The person who could be the most reliable help in this situation was Pierce Morgan from the Agricultural Extension Office.
"Hello."
"Oh, Brian! What brings the star of Napa Valley to call? Ah! Is it about the organic certification? That’s not something we issue on our end, you know?"
"Haha, I know. That’s issued by the USDA. It’s just that I’m looking for a hydrogeological consultant."
"Hm? Hydrogeology? Why? There’s no way Redwood would have a water dispute with anyone else."
Pierce Morgan certainly had great insight into farming. Generally, wine grapes are a water-saving crop that uses the least amount of water. They didn't use much to begin with, and drip irrigation combined with water stress management through SWP made them use even less. Therefore, the likelihood of a water dispute with neighboring farms was low.
Of course, that was only the surface phenomenon; underneath, fierce battles were being waged over water rights and accessibility. But Redwood had its well drilled long ago, so we didn't have to worry about water shortages.
"It’s not for our farm. A friend of mine who goes to UC Davis, Chloe, is farming pears in Lodi. A water dispute broke out there."
"Ah! I see. Got it. I’ll find someone skilled and let you know. Can you wait?"
"Thank you."
A short while later, he called back and gave me the number of a man named Dominic Smith. I gave him the address of the Lodi farm, requested a meeting, and immediately headed to the Lodi County Administrative Office with Chloe.
On the second floor of the Lodi County Administrative Office, gray walls and old fluorescent lights flickered. An old sign hung above the counter: [WATER RESOURCES & AGRICULTURE UNIT].
The female employee behind the counter set down a folder and said expressionlessly,
"You’re here regarding a complaint, right?"
"Yes. We’d like to submit a reconsideration request."
As I answered, Chloe, who was standing next to me, handed over a thick envelope. Inside were pump operation records and well depth diagrams.
The employee scanned the documents and said,
"Please consult with the person in charge. They just arrived at their desk."
The door to a small office at the end of the hallway opened, and a middle-aged woman walked in, clutching a folder. With neatly tied brown hair, a plain gray knit sweater, and thick-rimmed glasses, she held out her hand.
"I’m Nancy Hamilton. I’m a paralegal with the Lodi Farm Bureau. If it’s regarding a reconsideration request, I can help you."
As Chloe and I shook her hand and sat down, Nancy opened an old folder and pulled out an aged form.
"This is the Reconsideration Request form. If you believe an administrative order is unjust, you can submit this within 10 days to trigger a hearing."
She pointed to a specific section of the document and continued.
"You must attach 'new evidence or technical verification data' here. Without it, the request will be accepted, but it’s highly likely to be dismissed."
I nodded and asked,
"By evidence... you mean things like pump operation volumes, flow meter data, and water level records, right?"
"It would be better to have a report containing reliable figures verified by a hydrogeologist rather than just internal farm data. Is that possible?"
"Of course. We will have it written and submitted within 10 days."
She smiled.
"Good. The reconsideration request will be filed today. Good luck, Mr. Choi."
Two days after filing the request, a man visited the farm.
With messy, wavy hair and an earth-toned shirt, he looked exhausted and irritable, but his thin gold-rimmed glasses added a touch of intelligence to his appearance.
"I’ve been waiting. Mr. Dominic Smith?"
"That’s me. And the owner is...?"
"That’s me. And this is my... partner."
After Chloe’s introduction, he shook my hand and sat down. As soon as he sat, he pushed up his glasses and said nonchalantly,
"Water disputes in the Lodi area are constant, so it’s not easy to resolve conflicts without presenting proper figures. Do you know anything about the underground conditions here?"
"Yes, there are two aquifers below. The shallow one is the Alluvial Layer, and the deep one is the Deltaic Gravel Layer. The problem is that these two layers aren't perfectly separated."
"......?"
He looked slightly surprised. He had assumed that because I was young and Asian, I was an immigrant or an international student, but I knew the local ground conditions too well.
"My hypothesis is this: if someone touches the deep layer, the pressure in the layer above changes as well. If there’s somewhere else using deep wells—not us—that could be the cause. So, finding that is the key."
"You’ve already figured out quite a bit yourself, haven't you?"
"Well... farming is fundamentally about land and water."
Before reaching the doctoral level in agricultural science, one must know the basics of how to utilize water. Naturally, one should also know the characteristics of each region, and even if I had forgotten, such information wasn't hard to find.
"Many people have that thought, but few actually know. Anyway, you need my authority, not my ability, right?"
He had instantly grasped my intention. But I couldn't just say that out loud.
"Not at all. I need your help, Dominic. If my hypothesis is wrong, please advise me at any time. I don't care what method we use as long as the problem is solved."
At my words, he smiled and nodded.
"So, where do you suspect?"
I brought a map of the vicinity from the office, spread it out, and pointed to one spot.
"The farms that use the most water in this area are... the walnut farm and the pistachio farm right here. It’s more likely that they used excessive water than us, as we’ve only been planting seedlings for a year."
"So you want to investigate them?"
"Exactly. Is that possible?"
Dominic crossed his arms and gave a meaningful smile.
"Do you like working at night?"
I understood his intention.
"Of course."