Applying the Public Trust Doctrine to River Protection

California Department of Water Resources (DWR) | June 9th, 2004

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

The public trust is an ancient doctrine, stemming from Roman law. The Institutes of Justinian state that “by natural law, these things are common property of all: air, running water, the sea, and with it the shores of the sea.” In medieval England this notion was picked up and turned into a declaration that the shores of the sea are common to all and inalienable. The concept was adopted in the United States. As early as 1821, a New Jersey court held that the state could not convey into private ownership the public lands covered by tidal waters, and that any grant purporting to do so was void. These waters are vested in the sovereign state, the court held, not for its own use, but for the use of its citizens for “passing and repassing, navigation, fishing, fowling, sustenance, and all the other uses of the water and its products...” Arnold v. Mundy, 6 N.J.L. 1 (1821). Although the legislature may build dams, locks and bridges in the general interest of improving navigation, the court stated, “they may not consistently with the principles of the law of nature and the constitution of a well-ordered society, make a direct and absolute grant of the waters of the state, divesting all the citizens of their common right.” That, said the Chief Justice, would be a grievance “which never could be long borne by a free people.” Id at 78. The public trust, like the ten commandments, has traditionally been phrased in terms of prohibition: “Thou shalt not abdicate the State’s control over its navigable waters.” More recently, however, this hoary common law creature, with roots in the civil laws of the Roman emperors, the English monarchs and the Spanish kings, has emerged from its long submerged home to impose new protections for the environment and new duties on governmental agencies.

Appropriative Water Rights in California: Background and Issues

California State Water Resources Control Board (SWRCB) | May 1st, 1977

This paper is part of a series of background and issue papers prepared by the staff of the Governor's Commission to Review California Water Rights Law. TABLE OF CONTEN

This paper is part of a series of background and issue papers prepared by the staff of the Governor's Commission to Review California Water Rights Law. TABLE OF CONTENTS I. Introduction II. Historical Background of Appropriative Rights III.  The Mechanics of Prior Appropriation IV.  Statements of Water Diversion and Use V.  Disputes Over Rights to Water VI.  Enforcement VII.  Loss of Appropriative Rights VIII.  Criticisms of Prior Appropriation Doctrine IX.  Water Use Planning and Allocation Issues  

Arizona v. California

United States Supreme Court | March 9th, 1964

Assembly Bill 1337

State of California Office of Legislative Counsel | February 16th, 2023

Assembly Bill No. 2108, Chapter 347, An act to add Sections 189.7 and 13149.2 to the Water Code, relating to water

State of California Office of Legislative Counsel | September 16th, 2022

Authority and Effectiveness of the State Water Resources Control Board

Delta Vision Blue Ribbon Task Force (Delta Vision) | July 1st, 2008

This report addresses issues related to the effectiveness of the California State Water Resources Control Board (“State Board” or “Board”) in carrying out its rol

This report addresses issues related to the effectiveness of the California State Water Resources Control Board (“State Board” or “Board”) in carrying out its roles and responsibilities, with particular reference to the Sacramento-San Joaquin San Francisco Bay-Delta (“Delta”). Section 1 presents an overview and evaluation of the authority and responsibility of the State Board. Section 2 describes actions of the State Board over many years in connection with the Delta, and in summary form, the Mono Lake basin and the Yuba River. Based on the preceding sections, Section 3 evaluates the effectiveness of the Board with particular reference to the Delta and sets forth some observations related to the Board’s authority and effectiveness.

Bay Delta Water Quality Control Plan (Bay Delta Plan)

California State Water Resources Control Board (SWRCB) | December 13th, 2006

"Bay Delta Plan" is short for the State Water Resources Control Board's (State Water Board) San Francisco Bay/Sacramento-San Joaquin Delta Estuary Water Quality Control P

"Bay Delta Plan" is short for the State Water Resources Control Board's (State Water Board) San Francisco Bay/Sacramento-San Joaquin Delta Estuary Water Quality Control Plan. The Bay-Delta Plan identifies the beneficial uses of the Bay-Delta, water quality objectives for the reasonable protection of those beneficial uses, and a program of implementation for achieving the objectives. The Bay-Delta Plan, when implemented, can determine the amount and timing of water entering and moving through the Delta. The State Water Board holds dual responsibilities of allocating surface water rights and protecting water quality. The State Water Board allocates water through an administrative system that is intended to maximize the beneficial uses of water while protecting the public trust, serving the public interest, and preventing the waste and unreasonable use or method of diversion of water. While most water quality control planning is done by the Regional Water Boards, the State Water Board has authority to adopt statewide water quality control plans. The State Water Board adopts the Bay-Delta Plan because of the Delta's importance as a major source of water supply for the state. The Bay-Delta Plan protects water quality in the region and includes water quality objectives to protect fish and wildlife beneficial uses through inflows to the Delta from the Sacramento and San Joaquin rivers and Delta outflows, in addition to objectives for salinity to protect agricultural beneficial uses. The State Water Resources Control Board (State Water Board) is in the process of a phased review and update of the 2006 Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary (Bay-Delta) (referred to as the 2006 Bay-Delta Plan). To learn more about the Bay-Delta Plan, click here. In 2009, the State Water Board began the process of reviewing and likely revising the 2006 Bay Delta Plan.  At the time of the archiving of this document, that update process still continues.  For the latest information, click here to visit the State Water Resources Control Board page for the Bay-Delta Plan Update.. RELATED DOCUMENT: Water Rights Decision 1641, the document that implements the 1995 Bay Delta Plan and is still in force.

Borrego Water District v. All Persons Who Claim a Right to Extract Groundwater in the Borrego Valley Groundwater Subbasin No. 7-024-01

Superior Court of California, County of Orange | April 8th, 2021

Boulder Canyon Project Agreement: Requesting Apportionment of California’s Share of the Waters of the Colorado River among the Applicants in the State

U.S. Bureau of Reclamation (USBR) | August 18th, 1931

Bring Back the Kern et al vs. the City of Bakersfield

Superior Court of California, County of Kern | February 5th, 2024