public trust doctrine

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  • Applying the Public Trust Doctrine to River Protection

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    Applying the Public Trust Doctrine to River Protection

    Department of Water Resources | June 9, 2004...
    Summary

    The public trust is an ancient doctrine, stemming from Roman law. The Institutes of Justinian state that “by natural law, these things are...

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  • Development of Flow Criteria for the Sacramento-San Joaquin Delta Ecosystem

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    Development of Flow Criteria for the Sacramento-San Joaquin Delta Ecosystem

    California State Water Resources Control Board | August 4, 2010...
    Summary

    Water Code section 85086 (See Appendix B), contained in the Delta Reform Act, was enacted as part of the comprehensive package of water...

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  • Effective Implementation of the Public Trust Doctrine in California Water Resources Decision-Making: A View From the Bench

    Effective Implementation of the Public Trust Doctrine in California Water Resources Decision-Making: A View From the Bench

    University of California at Berkeley, School of Law | April 12, 2012...
    Summary

    Forty years ago, in his seminal law review article on the public trust doctrine, Professor Joseph L. Sax suggested that “citizens seeking to...

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  • Instream Flow Studies for the Protection of Public Trust Resources: A Prioritized Schedule and Estimate of Costs

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    Instream Flow Studies for the Protection of Public Trust Resources: A Prioritized Schedule and Estimate of Costs

    California State Water Resources Control Board | February 18, 2011...
    Summary

    Chapter 5 of the 2009-10 Seventh Extraordinary Session (SB X7 1, Simitian) directs the State Water Resources Control Board (State Water Board) to...

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  • Judicial Missteps, Legislative Dysfunction, and the Public Trust Doctrine: Can two wrongs make it right?

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    Judicial Missteps, Legislative Dysfunction, and the Public Trust Doctrine: Can two wrongs make it right?

    Harvard Law | December 19, 2015...
    Summary

    Professor Joseph Sax’s environmental law scholarship has inspired generations of lawyers and legal scholars, including my very first law review publication in 1987,...

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  • Maps, Models, and Mystery: Interconnected Groundwater and the Public Trust

    Maps, Models, and Mystery: Interconnected Groundwater and the Public Trust

    American Bar Association (ABA) | August 10, 2019...
    Summary

    Walk into the office of any water law practitioner, anywhere, and you might think you made a wrong turn and walked into the office...

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  • Measuring Cost-Effectiveness of Environmental Water Transactions

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    Measuring Cost-Effectiveness of Environmental Water Transactions

    Klamath Riverkeeper | August 4, 2016...
    Summary

    The diversion, storage and consumptive use of water in the western United States (US) has drastically altered streamflow, water quality and a raft...

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  • Mono Lake Basin Water Right Decision 1631

    Mono Lake Basin Water Right Decision 1631

    California State Water Resources Control Board | September 28, 1994...
    Summary

    Decision and Order Amending Water Right Licenses to Establish Fishery Protection Flows in Streams Tributary to Mono Lake and to Protect Public Trust...

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  • Navigability and its Consequences: State Title, Mineral Rights, and the Public Trust Doctrine

    Navigability and its Consequences: State Title, Mineral Rights, and the Public Trust Doctrine

    Social Science Research Network (SSRN) | June 12, 2014...
    Summary

    “Navigability” and “navigable waters” are two of the most complex terms of art in American law because their meanings vary from context to...

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  • Public Trust Distrust

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    Public Trust Distrust

    William & Mary Law School Scholarship Repository | January 1, 2001...
    Summary

    This Comment reviews the theoretical underpinnings of the public trust, a doctrine originating in Roman common Jaw and now constitutionalized by many states,...

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