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.
A notice for the next round of state hearings on whether
there’s “loose” water on the Kern River prompted exasperation
from one attorney and a letter from a Bakersfield group
beseeching the state to change its focus. Like the last round
held December 9-10, the hearings set for March 15-18 and April
5 and 6, will not consider the public’s needs and how the
diversion of water may impact the environment, recreation,
drinking water, or quality of life – collectively known as the
“public trust.” Instead, the hearing notice states those public
trust issues will be considered at some point in the
future.
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:
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.
Does 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.
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 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.
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.
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.
