The public trust doctrine requires the state to hold in trust designated resources for the benefit of the people. Traditionally, the public trust applied to commerce and fishing in navigable waters, but its uses were expanded in California in 1971 to include fish, wildlife, habitat and recreation.
In California, public trust was most notably invoked in a landmark 1983 case involving water use at Mono Lake.
Participants of this tour snake along the San Joaquin River to learn firsthand about one of the nation’s largest and most expensive river restoration plans.
The San Joaquin River was the focus of one of the most contentious legal battles in California water history, ending in a 2006 settlement between the federal government, Friant Water Authority and a coalition of environmental groups.
We will travel deep into California’s water hub and traverse the Sacramento-San Joaquin Delta, a 720,000-acre network of islands and canals that supports the state’s water system and is California’s most crucial water and ecological resource. The tour will make its way to San Francisco Bay, and includes a ferry ride.
Come with us as we venture through California’s Central Valley, known as the nation’s breadbasket thanks to an imported supply of surface water and local groundwater. Covering about 20,000 square miles through the heart of the state, the valley provides 25 percent of the nation’s food, including 40 percent of all fruits, nuts and vegetables consumed throughout the country.
The UC Berkeley School of Law along with stakeholders in Mono Lake will convene a symposium in Sacramento on Nov. 17 to mark the 20th anniversary of the State Water Resources Control Board’s decision to integrate the Water Code, Fish and Game Code and the common law of public trust to protect the lake and its tributary creeks.
Water nerds unite! You’re not going to want to miss this opportunity: the Mono Lake at 20: Past, Present, and Future symposium on November 17, 2014, in Sacramento, California. … Co-sponsors of the event: UC Berkeley School of Law’s Center for Law, Energy & the Environment; UC Berkeley College of Natural Resources; the Water Education Foundation; Mono Lake Committee; California Trout; and the Water and Power Law Group.
This drought year, as in those past, California water regulators have given away to cities and farms some river flows critical to fish and wildlife. … There are, however, legal backstops to prevent harmful reductions in fish flows, even during a drought as severe as this one.
The 28-page Layperson’s Guide to Water Rights Law, recognized as the most thorough explanation of California water rights law available to non-lawyers, traces the authority for water flowing in a stream or reservoir, from a faucet or into an irrigation ditch through the complex web of California water rights.
The 20-page Layperson’s Guide to Water Marketing provides background information on water rights, types of transfers and critical policy issues surrounding this topic. First published in 1996, the 2000 version offers expanded information on groundwater banking and conjunctive use … Colorado River transfers, CALFED’s Water Transfer Program and the role of private companies in California’s developing water market.
Order in bulk (25 or more copies of the same guide) for a reduced fee. Contact the Foundation, 916-444-6240, for details.
The 24-page Layperson’s Guide to California Water provides an excellent overview of the history of water development and use in California. It includes sections on flood management; the state, federal and Colorado River delivery systems; Delta issues; water rights; environmental issues; water quality; and options for stretching the water supply such as water marketing and conjunctive use.
Rooted in Roman law, the public trust doctrine recognizes the public right to many natural resources including “the air, running water, the sea and its shore.”
The public trust doctrine requires the sovereign, or state, to hold in trust designated resources for the benefit of the people. Traditionally, the public trust applied to commerce and fishing in navigable waters, but its uses were expanded in California in 1971 to include fish, wildlife, habitat and recreation.
This printed issue of Western Water examines the area of origin laws, what they mean to those who claim their protections and the possible implications of the Tehama Colusa Canal Authority’s lawsuit against the Bureau of Reclamation.