The public trust doctrine is a safeguard established to ensure continued access to public resources.
“The common law Public Trust Doctrine protects sovereign lands, such as tide and submerged lands and the beds of navigable waterways, for the benefit, use and enjoyment of the public.” - California State Lands Commission
How does the Public Trust Doctrine work?
The doctrine defines the fundamental legal obligation held by the state—and all California’s elected and appointed government officials—to protect certain natural resources for the benefit of all Californians, including future generations.
Natural resources are public resources.
When we think of the natural beauty and abundance of California, images of outdoor activities like fishing, camping, hiking, birdwatching, skiing, hunting or gardening often come to mind. But recreation is not the only use of a natural resource. For example, businesses use natural resources for private profit. Wildlife and ecosystems also depend on water, contributing to its value and importance as a resource. Because public resources belong to all Californians and the natural world doesn’t have a voice, it’s up to the government to keep their use in balance.
Profiting from public resources.
Governments rely on the concept of “beneficial use” when applying public trust principles to the utilization of a resource, thus balancing benefits and harms. Profit is clearly a benefit. For example, humans depend on agriculture and commercial fishing for food—industries that must be profitable in order to serve that need while simultaneously requiring a great deal of fresh water. When profits come at the expense of the health of a shared resource, it's the responsibility of our regulating agencies to enforce the laws based on public trust principles. The goal is to protect the resource from overuse and its subsequent consequences, keeping both the resource and the economy healthy long term.
How does this affect Californians?
Urban ratepayers and rural community members are paying more for and losing access to water. Too much water that should be used to support families, local businesses, and native ecosystems is being diverted to produce livestock feed and nuts sold overseas. Salmon and other important species are on the brink of extinction. For decades, public misperception about water scarcity has allowed mismanagement of water to go unchecked. Our legislatures, commissions, and agencies have abandoned their responsibility to uphold the principles of the public trust doctrine, with dire consequences for us all.
Note: For water in California, the State Water Resources Control Board and the California Department of Fish & Wildlife are the trustees responsible for upholding the public trust.
A historical note:
The development of California’s large-scale water distribution system was a series of contracted infrastructure projects in the 1920s that eventually came up against the environmental movements of the 1970s. With unbuilt dams unable to provide water in the volumes promised in the original contracts, a cycle of chronic shortages ensued. Despite clear and expressed concern, the environment was once again left out of the equation when these contracts were reevaluated in the 1990s.
Are our natural resources at risk?
The short answer is yes. And while it’s easy to blame things we can do little about—climate change and drought—there are many controllable factors at play. Market forces have had a strong influence on policy and policymakers for decades, driving the overexploitation of limited resources.
As climate-related environmental stressors intensify and current usage practices continue, significant ecological losses are inevitable. A devastating domino effect that will disrupt access to other public trust resources including trout and salmon fishing and recreational use of local lakes and rivers.
Once a resource is gone, the State is ultimately relieved of its duty to ensure our access to it. If the State isn’t held accountable now, their incentive to guarantee future generations these resources will disappear completely.
What now?
The good news is that there are laws are in place to protect our water. C-WIN and many other environmental groups are actively pursuing a just and sustainable water use model for all Californians. Protecting California’s water is not out of reach—it’s embedded in the foundations of our institutions.