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Topic: Public Trust Doctrine

Overview April 24, 2014

Public Trust Doctrine

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.

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Western Water January 4, 2019 Douglas E. Beeman Douglas E. Beeman

Women Leading in Water, Colorado River Drought and Promising Solutions — Western Water Year in Review

Dear Western Water readers:

Women named in the last year to water leadership roles (clockwise, from top left): Karla Nemeth, director, California Department of Water Resources; Gloria Gray,  chair, Metropolitan Water District of Southern California; Brenda Burman, Bureau of Reclamation Commissioner; Jayne Harkins,  commissioner, International Boundary and Water Commission, U.S. and Mexico; Amy Haas, executive director, Upper Colorado River Commission.The growing leadership of women in water. The Colorado River’s persistent drought and efforts to sign off on a plan to avert worse shortfalls of water from the river. And in California’s Central Valley, promising solutions to vexing water resource challenges.

These were among the topics that Western Water news explored in 2018.

We’re already planning a full slate of stories for 2019. You can sign up here to be alerted when new stories are published. In the meantime, take a look at what we dove into in 2018:

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Western Water October 19, 2018 Klamath River Watershed Map Layperson's Guide to Groundwater Gary Pitzer

California Leans Heavily on its Groundwater, But Will a Court Decision Tip the Scales Against More Pumping?
WESTERN WATER NOTEBOOK: Pumping near the Scott River in Siskiyou County sparks appellate court ruling extending public trust doctrine to groundwater connected to rivers

Scott River, in Siskiyou County. In 1983, a landmark California Supreme Court ruling extended the public trust doctrine to tributary creeks that feed Mono Lake, which is a navigable water body even though the creeks themselves were not. The ruling marked a dramatic shift in water law and forced Los Angeles to cut back its take of water from those creeks in the Eastern Sierra to preserve the lake.

Now, a state appellate court has for the first time extended that same public trust doctrine to groundwater that feeds a navigable river, in this case the Scott River flowing through a picturesque valley of farms and alfalfa in Siskiyou County in the northern reaches of California.

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Western Water February 23, 2018 Layperson's Guide to Water Rights Law Gary Pitzer

Does California’s Environment Deserve its Own Water Right?
IN-DEPTH: Fisheries and wildlife face growing challenges, but so do water systems competing for limited supply. Is there room for an environmental water right?

Sunset in Sacramento-San Joaquin DeltaDoes California need to revamp the way in which water is dedicated to the environment to better protect fish and the ecosystem at large? In the hypersensitive world of California water, where differences over who gets what can result in epic legislative and legal battles, the idea sparks a combination of fear, uncertainty and promise.

Saying that the way California manages water for the environment “isn’t working for anyone,” the Public Policy Institute of California (PPIC) shook things up late last year by proposing a redesigned regulatory system featuring what they described as water ecosystem plans and water budgets with allocations set aside for the environment.

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Publication May 20, 2014

Layperson’s Guide to Water Rights Law
Updated 2020

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.

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Publication May 20, 2014

Layperson’s Guide to Water Marketing
Updated 2005

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 2005 version offers expanded information on groundwater banking and conjunctive use, Colorado River transfers 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.

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Publication May 20, 2014 California Water Map

Layperson’s Guide to California Water
Updated 2021

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. New in this 10th edition of the guide is a section on the human need for water. 

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Aquapedia background February 11, 2014

Public Trust Doctrine

Public Trust Doctrine

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.

  • Read more
Western Water Magazine March 1, 2010

Whose Water Is It? Area of Origin Water Rights
March/April 2010

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.

  • Read more

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