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Last modified
7/14/2011 11:10:44 AM
Creation date
9/30/2006 10:04:17 PM
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Publications
Year
2000
Title
Layperson's Guide to California Water
CWCB Section
Interstate & Federal
Author
California Water Education Foundation
Description
Layperson's Guide to California Water
Publications - Doc Type
Other
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<br />Environmental Issues <br /> <br />During the two decades following World War II. <br />development of California's water was virtually <br />unimpeded. It was not until the 1970s that environ- <br />mental considerations were factored into the water <br />supply equation. Legislation was enacted to protect <br />the environment as environmental awareness grew. <br />Attention also was focused on "in stream uses" of <br />water to benefit fish and wildlife, recreation, water <br />quality and aesthetics - uses to which price tags <br />cannot easily be attached. By 1990. these uses <br />rivaled such traditional benefits as irrigation and <br />navigation in importance. Such instream uses are <br />recognized by the state constitution and Water Code <br />as beneficial and must be considered in administra- <br />tive decisions and in issuing water rights permits. <br />The past two decades have seen few major water <br />development projects, because of costs and passage <br />of strict state and federal environmental protective <br />legislation. <br /> <br />California has been a leader in environmental <br />protection since the 1970s. It instituted some ot the <br />toughest state environmental legislation. The <br />California Legislature was the first in the country to <br />protect rare plants and animals through passage ot <br /> <br /> <br />mm!.mII <br /> <br />The change in values over time is reflected in the <br />case of Mono Lake, a strangely beautiful saline <br />body of water located west of Yosemite National <br />Park in the Sierra Nevada. In 1940, the city of <br />Los Angeles was granted permits to divert water <br />from four of the seven tributaries feeding Mono <br />Lake. It was acknowledged that these diversions <br />would lower the lake's level. However, at that time <br />a higher value was placed on urban water supply <br />than on environmental uses. Forty years later, the <br />water level of the lake had dropped more than 40 <br />teet. The decline in the lake level and simulta- <br />neous increase in salinity jeopardized the basin's <br />unique shrimp and bird population. The lowered <br />lake also uncovered stretches of the lake bed <br />which contains high levels of alkali. When exposed <br />to the wind dust storms are created that are <br />harmful to the respiratory system. <br /> <br />In 1979, the National Audubon Society joined with <br />the Mono Lake Committee in a lawsuit against <br />the Los Angeles Department of Water and Power <br />(LADWP), charging that the state, as supervisor <br />of the public trust, was obligated to protect <br />navigable bodies of water against diversions caus- <br />ing environmental damage. In a 1983 landmark <br /> <br />decision, the California Supreme Court held that <br />the public trust doctrine applied to Los Angeles' <br />rights to divert water from Mono Lake's feeder <br />streams. It held that the state retains jurisdiction <br />over these rights and may reconsider the impact <br />on public trust, which in addition to commerce, <br />navigation and fishing, includes wildlife habitat. <br />The necessity of protecting the public trust was <br />to be determined by balancing the value and cost <br />of instream water needs against the benefits and <br />costs of diversions. <br /> <br />In response, an injunction was issued in 1991 by <br />a superior court halting LADWP's water exports. <br />Concurrently, an appellate court in a 1989 ruling <br />and follow up decision held that LADWP's licenses <br />must be modified to allow sufficient flow to rees- <br />tablish tisheries. The litigation over Mono Lake <br />continued until October 1994 when the State <br />Board amended Los Angeles' water rights to pro- <br />tect and restore the lake and its tributary creeks. <br />In 1998, the State Board adopted additional <br />restoration plans for Mono Lake. Currently about <br />6385 feet above sea-level, the lake is expected <br />to meet the State Board mandated height of 6,392 <br />feet above sea-level in about 10-15 years. <br /> <br />Eighty-three miles ofrhe <br />Tuolumne Ri\'er iI/Horrellm <br />of Nell' D01l Pedro Dam <br />(Ire prorecIedfromfitrrher <br />d(Te/opmelll by srate a1ld <br />federal/mi's presen'illg <br />\vild and scenic ri\'ers. <br /> <br />~~ <br /> <br />= <br /> <br /> <br /> <br />19 <br />
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