7390

• UCREFRP Catalog Number: 7390
• Author: Natural Resources Law Center.
• Title: Boundaries and Water
• USFW Year: 1989.
• USFW - Doc Type: Allocation and Use of a Shared Resource.
• Copyright Material: NO

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relationship to navigability. See,~, United
States v. Grand River Dam Authority, 363 U.S. 229
(1960). Third, the traditional public trust
doctrine applies to watercourses navigable for
title. See qenerally Illinois Central Railroad v.
Illinois, 146 U.S. 387 (1892). It should be noted
that the classic federal Illinois Central doctrine
applying to watercourses navigable for title has
been extended in some states as a matter of state
law. Thus, some states have applied public trust
reasoning to navigable watercourses and have
imposed requirements that may not be mandated by
Illinois Central as a matter of federal law, ~,
~, National Audubon Society v. Superior Court
of Alpine County, 33 Cal. 3d 419, 189 Cal. Rptr.
346, 658 P.2d 709 (1983), cert. denied, 464 U.S.
977 (1983), while other states have extended the
public trust doctrine, as a matter of state law,
to rivers not navigable for title, ~, ~,
Montana Coalition for Stream Access, Inc. v.
Hildreth, 684 P.2d 1088 (Mont. 1984). See
qenerally Dunn~ng, The Public Trust Doctrine and
Western Water Law: Discord or HarmonY?, 30 Rocky
Mtn. Min. L. Inst. 17 (1985).

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