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The Public Trust and In-stream Uses
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Jan S. Stevens
Published/Copyright:
October 8, 2003
The public trust doctrine, an ancient but newly revived common law remedy, can prevent the continued destruction of public waters. This Article takes an historical overview of the doctrine as it applies to nonnavigable waters, focusing on the California cases involving Mono Lake, the Lower American River, and Putah Creek. The author concludes that public trust considerations were intertwined with the appropriative water rights system long before the 1983 Mono Lake decision. Furthermore, the public trust doctrine will continue to impact future water decisions in California, with potentially significant impacts on California’s Colorado River water supply.
Published Online: 2003-10-8
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
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Articles in the same Issue
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- Democracy, Distrust, and the Public Trust: Process-based Constitutional Theory, the Public Trust Doctrine, and the Search for a Substantive Environmental Value
- Public Property and the Democratization of Western Water Law: a Modern View of the Public Trust Doctrine
- Mono Lake and the Evolving Public Trust in Western Water
- Trust Theory of Environmental Protection, and Some Dark Thoughts on the Possibility of Law Reform
- The Public Trust: A Fundamental Doctrine of American Property Law
- Fish Out of Water: The Public Trust Doctrine in a Constitutional Democracy
- Variation on a Theme: Expanding the Public Trust Doctrine to Include Protection of Wildlife
- Joseph Sax and the Idea of the Public Trust
- The Public Trust and In-stream Uses
Articles in the same Issue
- Article
- Democracy, Distrust, and the Public Trust: Process-based Constitutional Theory, the Public Trust Doctrine, and the Search for a Substantive Environmental Value
- Public Property and the Democratization of Western Water Law: a Modern View of the Public Trust Doctrine
- Mono Lake and the Evolving Public Trust in Western Water
- Trust Theory of Environmental Protection, and Some Dark Thoughts on the Possibility of Law Reform
- The Public Trust: A Fundamental Doctrine of American Property Law
- Fish Out of Water: The Public Trust Doctrine in a Constitutional Democracy
- Variation on a Theme: Expanding the Public Trust Doctrine to Include Protection of Wildlife
- Joseph Sax and the Idea of the Public Trust
- The Public Trust and In-stream Uses
