Reviving California's Public Trust Doctrine and Taking a Proactive Approach to Water Management, Just in Time for Climate Change

摘要

Climate change is going to severely impact water supplies in the western United States, particularly in California. As climate change degrades aquatic habitats, conflicts between environmental protection and human consumption will increase. This Note explores how California's State Water Resources Control Board can play a more proactive role in water management by using the public trust doctrine to resolve water conflicts and better prepare California's water systems for climate change. The Note suggests that the State Water Resources Control Board rely on external procedural mechanisms such as the federal Endangered Species Act as an informational resource. In conclusion, this Note calls for the California State Legislature to provide the Stale Water Resources Control Board with more financial support so that the Board can adequately manage California's scarce water resources.