PUBLIC TRUST DOCTRINE

Based in Roman Law, the Public Trust Doctrine holds that certain resources belong to all the people and are therefore held in trust by the state for future generations. Since the 1970s, court rulings have expanded the concept of public trust to protect not only the traditional uses of navigation, commerce, and fishing, but also ecological preservation, open space maintenance, and scenic and wildlife habitat preservation. In a 1983 landmark ruling by the California Supreme Court (National Audubon Society v. Superior Court of Alpine County), the court held that water right licenses held by the City of Los Angeles and its Department of Water and Power to divert water from streams tributary to Mono Lake remain subject to ongoing State (California) supervision under the public trust doctrine and could be curtailed or revoked, if necessary, to protect the public trust. The court held that public trust uses must be considered and balanced when the rights to divert water away from Navigable bodies of water are to be considered. Therefore, in issuing or reconsidering any rights to appropriate or divert water, the state must balance public trust needs with the needs for other beneficial uses of water. Also see Equal Footing Doctrine (U.S. Constitution) and Public Interest, or Public Welfare.