scholarly journals Owens Valley and the Public Trust

2013 ◽  
Vol 3 (3) ◽  
pp. 82-85
Author(s):  
Graham Chisholm
Keyword(s):  
Los Angeles ◽  
Migratory Birds ◽  
Public Trust ◽  
Mono Lake ◽  
Owens Valley ◽  
The Public ◽  
Owens Lake ◽  
Public Trust Doctrine ◽  
History Of ◽  
Important Habitat

This essay explores the history of the public trust doctrine for water in California, established in the battle of preserving Mono Lake, and extends the concept to include the responsibility Los Angeles has to restore Owens Lake, an important habitat for migratory birds.

scholarly journals Owens Valley and the Aqueduct

2013 ◽  
Vol 3 (3) ◽  
pp. 50-59 ◽  
Author(s):  
Kim Stringfellow
Keyword(s):  
Los Angeles ◽  
Environmental Impact ◽  
Dust Control ◽  
Mono Lake ◽  
Owens Valley ◽  
Owens Lake ◽  
Local Opposition ◽  
The 19Th Century ◽  
The Impact

This timeline details the economic, social, and environmental impact that the Los Angeles Aqueduct had on the Owens Valley. It begins in the 19th century with the Paiute who lived in the valley, and covers local opposition to the aqueduct and attempts to sabotage it in the 1920s, controversial land sales, depletion of the valley water table, dust at the dry Owens Lake bed, the impact of the Los Angeles Department of Water and Power on the region, the second aqueduct and Mono Lake, the 1991 long-term water agreement, and mitigation efforts including dust control at Owens Lake and the Lower Owens River Project. The material is drawn from Stringfellow's There It Is—Take It! project.

Traditional water rights, ecology and the public trust doctrine in Hawaii

Water Policy ◽  
2013 ◽  
Vol 16 (1) ◽  
pp. 184-196
Author(s):  
C. S. Papacostas
Keyword(s):  
Water Rights ◽  
Public Trust ◽  
The State ◽  
Water Shortages ◽  
The Public ◽  
Public Trust Doctrine ◽  
Subsurface Waters ◽  
The Face ◽  
History Of

This case study discusses the implications of imposing the doctrine of public trust to ground and surface waters within the State of Hawaii and its effects on traditional rights that had previously evolved based on common law. It traces the major events of the history of water rights and practices beginning with the system devised by the indigenous Hawaiian people prior to the adoption of the doctrine of public trust to the water resources of the State of Hawaii, applied with the most expansive interpretation of the public trust doctrine, encompassing both surface and subsurface waters and a wide assortment of protected uses and purposes. The major decisions that ensued when applying the doctrine, via legal prescriptions and administrative rules, are described. The implications of the interplay between scientific enquiry and research are presented, with legal precedent in the face of potential water shortages, competing uses, sensitivities to comprehensive resource management, considerations of ecological balance and protection of the rights of indigenous people. Many of these findings are transferable to other jurisdictions contemplating the adoption of public trust doctrine principles to their surface and ground waters.

Land, History, and the Law

2019 ◽  
pp. 108-128
Author(s):  
Susan Y. Najita
Keyword(s):  
United States ◽  
National Park ◽  
Rift Zone ◽  
Public Trust ◽  
The United States ◽  
Lava Flows ◽  
Land Acquisition ◽  
The Public ◽  
Public Trust Doctrine ◽  
History Of

This essay examines the history of land acquisition in creating Hawai‘i Volcanoes National Park during the period after the overthrow of the Hawaiian monarchy and the annexation of the islands to the United States. Its specific focus are the land condemnations and exchanges that went into creating what is known as the Kalapana Extension, an area of active lava flows along the area known as the East Rift Zone. I examine the implications of this history for our understanding of "the public" and conservation’s best legal principal, the public trust doctrine.

Mono Lake and the Evolving Public Trust in Western Water

2003 ◽  
Vol 3 (1) ◽  
Author(s):  
Michael Blumm ◽  
Thea Schwartz
Keyword(s):  
Water Rights ◽  
Case Law ◽  
Public Trust ◽  
Mono Lake ◽  
Water Law ◽  
Conceptual Coherence ◽  
The Public ◽  
California Water ◽  
Public Trust Doctrine

The Mono Lake case is a lodestar in public trust jurisprudence. This article discusses that case and explains how it revolutionized California water law. The article identifies six principles established by the decision that place it in the vanguard of public trust case law. It also examines some of the progeny of the Mono Lake decision, both in California and in other western states. The article claims that in the wake of Mono Lake, a half dozen western states have recognized the application of the public trust doctrine to water rights, although no other state has embraced all six of the tenets of the Mono Lake doctrine. The article concludes that the the public trust doctrine's deep historical roots and conceptual coherence make it a promising vehicle by which to moderate the excesses of the prior appropriation doctrine of western water law and replace that doctrine's "all or nothing" approach with what the article refers to as the "accommodation principle," under which both diversionary and instream uses of water will be accommodated wherever feasible.

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