Water law - Public Trust Doctrine

Journal Article · Sun Jul 01 00:00:00 EDT 1984 · Nat. Resour. J.; (United States)

OSTI ID:6350616

Casey, E S

In a case involving California's Mono Lake, the State Supreme Court held that infringement of the values protected by the Public Trust Doctrine is a separate ground for challenging water appropriations, and that the continuing nature of the state's duty as trustee prevents the acquisition of a vested right to appropriations that injure navigation, commerce, and fisheries. The author summarizes the history and the competing claims of the Doctrine and the California Appropriative Water Rights System. The National Audubon suit now makes it possible for any member of the public to challenge any surface water diversion as injurious to the public trust, but it also offers the California courts an opportunity to redirect the state's water policies. 130 references.

• OSTI ID: 6350616
• Journal Information: Nat. Resour. J.; (United States), Vol. 24:3
• Country of Publication: United States
• Language: English

Related Subjects

54 ENVIRONMENTAL SCIENCES
29 ENERGY PLANNING
POLICY AND ECONOMY
CALIFORNIA
WATER RESOURCES
COMPETITION
PUBLIC POLICY
ALLOCATIONS
CASE LAW
INTERVENORS
LAWSUITS
LEGAL ASPECTS
WATER RIGHTS
FEDERAL REGION IX
LAWS
NORTH AMERICA
RESOURCES
USA
520600* - Environment
Aquatic- Regulations - (-1989)
290400 - Energy Planning & Policy- Energy Resources