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<br /> <br />The public trust doctrine applied to water <br />law was a legal theory whose time had <br />come. <br /> <br />72 CALIFORNIA WATER <br /> <br />beneficial use to the fullest extent possible. The requirement of <br />reasonable use has modified many uses of water in California. <br />Because of this concept, a use cannot simply be beneficial but must <br />also be reasonable considering the alternative uses that can be made <br />of the water. A user with a higher priority can be forced to share <br />water with a junior user if all of the senior's use is not reasonable. <br />Fish and Game Code Sections 5937 and 5946 have been <br />significant primarily in the litigation surrounding the diversions by <br />the Los Angeles Department of Water and Power. However, they <br />are applicable to many streams and rivers in the state. <br />A satisfactory method for resolving the competing demands for <br />water between consumptive and environmental users has not been <br />found. Currently, these disputes are resolved through litigation, a <br />process examined in the context of the decision in Environmental <br />Defense Fund v. East Bay Municipal Utility District. Super. Ct. <br />Alameda County, 1990, No. 425955. <br /> <br />The Public Trust Doctrine <br />The application of the public trust doctrine in modern water law is <br />a direct result of the work of Professor Joseph Sax, formerly a pro- <br />fessor of law at Boalt Hall, University of California at Berkeley. In <br />1970, Professor Sax wrote an article entitled "The Public Trust Doc- <br />trine in Natural Resource Law: Effective Judicial Intervention" <br />(Volume 68, Mich. L.Rel'. 471). Between 1970 and 1985, approxi- <br />mately 100 cases were reported involving the public trust doctrine, <br />many of which cited Professor Sax's article.1lt is hard to imagine a <br />more intense judicial response to a single article; the public trust <br />doctrine was a legal theory whose time had come. <br />In his article, Professor Sax frankly described his interest in <br />the public trust doctrine- <br /> <br />Of all the concepts koown to American law, only the public trust <br />doctrine [citation omitted] seems to have the breadth and substan- <br />tive content which might make it useful as a tool of general appli- <br />cation for citizens seeking to develop a comprehensive legal <br />approach to resource management problems. If that doctrine is to <br />provide a satisfactory tool, it must meet three criteria. rt must con- <br />tain some concept of a legal right in the general public; it must be <br />enforceable against the government (footnote omitted); and it must <br /> <br />1 Lazarus, "Changing Conceptions of Property and Sovereignty in Natural <br />Resources: Questioning the Public Trust Doctrine," 1968, 71 Iowa L.Rev., <br />pages 631, 644. <br />