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AWWA JAW19761

M00002946

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AWWA JAW19761 Journal AWWA - Public Rights at the Headwaters

Journal Article by American Water Works Association, 10/01/1986

Thorson, John E.

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The origin and applications of the public trust doctrine are discussed. The Mono Lake litigation (National Audubon v. Superior Court), in which the California Supreme Court ruled that water rights cannot be obtained without reference to public trust, is discussed. Efforts undertaken in Montana to recognize and enforce public rights in water allocations by implementing water reservations, facilitating stream access, revising water permit requirements, limiting private appropriation, and controlling state water leasing are described. Includes 42 references.