Environmental
Apr. 23, 2014
Water management from a forgone era
The public trust doctrine stems from a legal fiction of public "ownership" of navigable waters. By Russell M. McGlothlin and Scott S. Slater
The public trust doctrine is often championed as a core principle of water law and policy in California and in certain other western states. But water management would benefit from constraining our reliance on the doctrine to those situations where it is both suitable and required to advance its underlying purposes. States can most effectively manage water resources through the adoption of proactive substantive laws an...
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