PUB00109

• Year: 1995
• Title: Califormia Water
• CWCB Section: Interstate & Federal
• Author: Arthur L. Littlewort
• Description: History, overview, and explanation of water rights and legislation of California
• Publications - Doc Type: Historical

"The control of the State for purposes of
the trust can never be lOSl. . . "

76 CALIFORNIA WATER

The United States Supreme Court upheld Illinois' action, ruling
that the express conveyance of trust lands was beyond the power of
the legislature. Although the decision did not prohibit the disposition
of trust lands to private parties, it prohibited a state from divesting
itself of the authority to govern an area over which it has responsi-
bility to exercise its police power. In this particular case, by grant-
ing such a large portion of the waterfront, the legislature had
relinquished its control over navigation, a public trust use over
which it was required to have authority.lO
Expanding on the opinion in Arnold v. Mundy, the court artic-
ulated the limited purposes for which property subject to the trust
may be disposed of-

The interest of the people in the navigation of the waters and in
commerce over them may be improved in many instances by the
erection of wharves, docks and piers therein, for which purpose
the State may grant parcels of the submerged lands; and, so long
as their disposition is made for such purposes, no valid objections
can be made to the grants. It is grants of parcels of lands under
navigable waters, that may afford foundation for wharves, piers,
docks, and other structures in aid of commerce, and grants of
parcels which, being occupied, do not substantially impair the
public interest in the lands and water remaining, that are chiefly
considered and sustained in the adjudged cases as a valid exercise
of legislative power consistently with the trust to the public upon
which such lands are held by the State. But that is a very difJer-
ent doctrine from the one which would sanction the abdication of
the general control of the State over lands under the navigable
waters of an entire harbor or bay, or of a sea or lake. Such abdi-
cation is not consistent with the exercise of that trust which re~
quires the government of the State to preserve such waters for the
use of the public. The trust devoMng upon the State for the pub-
lic, and which can only be discharged by the management and
control of property in which the public has an interest, cannot be
relinquished by a transfer of the property. The control of the State
for the purposes of the trust can never be lost, except as to such
parcels as are used in promoting the interests of the public
therein. or can be disposed of without any substantial impairment
of the public interest in the lands and waters remaining. Illinois
Central, pages 452-453; emphasis added

10 Sax. page 489.