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Recent California Water News

 

Public Trust & SGMA

Oct 09, 2018

The public trust and SGMA:  “In a recent decision in litigation over flows and salmon survival in the Scott River system, the California Court of Appeal has ruled that groundwater pumping that diminishes the volume or flow of water in a navigable surface stream may violate the public trust. The public trust does not protect groundwater itself. “Rather, the public trust doctrine applies if extraction of groundwater adversely impacts a navigable waterway to which the public trust doctrine does apply.” The court also concluded that the Sustainable Groundwater Management Act (SGMA) does not preempt or preclude independent application of the public trust to groundwater pumping, finding “no legislative intent to eviscerate the public trust in navigable waterways in the text or scope of SGMA.” … ”  Read more from the California Water Blog here:  The Public Trust and SGMA

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