In this episode, we explore the California Constitution, the California Water Code, and the Public Trust Doctrine. The California Constitution entrusts the State with protecting water as a public trust resource. Water is owned by the people of California and must be used for beneficial use. We explore how the statutory laws of the California Water Code can contradict the public trust doctrine, a foundational law of the California Constitution.
ARTICLE 10 WATER
SEC. 2. It is hereby declared that because of the conditions prevailing in this State the general welfare requires that the water resources of the State be put to beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation of such waters is to be exercised with a view to the reasonable and beneficial use thereof in the interest of the people and for the public welfare. The right to water or to the use or flow of water in or from any natural stream or water course in this State is and shall be limited to such water as shall be reasonably required for the beneficial use to be served, and such right does not and shall not extend to the waste or unreasonable use or unreasonable method of use or unreasonable method of diversion of water. Riparian rights in a stream or water course attach to, but to no more than so much of the flow thereof as may be required or used consistently with this section, for the purposes for which such lands are, or may be made adaptable, in view of such reasonable and beneficial uses; provided, however, that nothing herein contained shall be construed as depriving any riparian owner of the reasonable use of water of the stream to which the owner's land is riparian under reasonable methods of diversion and use, or as depriving any appropriator of water to which the appropriator is lawfully entitled. This section shall be self-executing, and the Legislature may also enact laws in the furtherance of the policy in this section contained.
Marty Dunlap is the founder of the Citizen's Water Watch of Northern California, where people who have assumed a leadership role in providing an environmental voice for both surface and groundwater in the region can come together. The purpose of the group is to meet and discuss emerging issues and formulate strategic approaches in providing a clear and strong voice on behalf of the public regarding projects that impact the water resources of Northern California. Marty pursued a degree in law during her career at Butte College where she coordinated testing for entering students and generated statistical data on student performance and outcomes. She entered the field of law with the desire to utilize her counseling background in mediating the conversation about providing protection to the earth and its resources. She now focusses on protecting the waters of Northern California.
Resources:
California Constitution, Article 10, Section 2
Beneficial use as defined by the State Water Resources Control Board
