The Public Trust Doctrine and California Water Law: National Audubon Society v. Department of Water and Power

Conflicting demands on dwindling surface water supplies in California have led to frequent challenges of state decisions to grant diversions of water that impair or destroy ecological, recreational, or other instream uses of surface waters. This Comment examines the fundamental problems of surface water allocation in California and addresses the possibility of incorporating the public trust doctrine into the current water law system. The Comment then evaluates a recent attempt to apply the public trust doctrine in National Audubon Society v. Department of Water and Power. The Comment concludes by offering an alternative means to public trust protection of California’s surface waters.