Book contents
- Riverflow
- Riverflow
- Copyright page
- Epigraph
- Contents
- Maps
- Foreword: Marching Away from Folly
- Acknowledgments
- Introduction Publicum Ius Aquae
- 1 Instream Rights and the Public Trust
- 2 Instream Rights and Unreasonable Use
- 3 Instream Rights and Dams
- 4 Instream Rights and Watershed Governance
- 5 Instream Rights as Federal Law Recedes
- 6 Instream Rights as Water Temperatures Rise
- 7 Instream Rights as Sea Levels Rise
- 8 Instream Rights and Groundwater Extraction
- 9 Instream Rights and Old Canals
- 10 Instream Rights and Water as an Investment
- 11 Instream Rights and International Law
- 12 Instream Rights and Irrigation Subsidies
- 13 Instream Rights and Pacific Salmon
- 14 Instream Rights and Hatchery Fish
- 15 Instream Rights as Indigenous Rights
- Conclusion Policy Disconnected from Science
- About the Author
- Index
1 - Instream Rights and the Public Trust
Published online by Cambridge University Press: 18 February 2021
- Riverflow
- Riverflow
- Copyright page
- Epigraph
- Contents
- Maps
- Foreword: Marching Away from Folly
- Acknowledgments
- Introduction Publicum Ius Aquae
- 1 Instream Rights and the Public Trust
- 2 Instream Rights and Unreasonable Use
- 3 Instream Rights and Dams
- 4 Instream Rights and Watershed Governance
- 5 Instream Rights as Federal Law Recedes
- 6 Instream Rights as Water Temperatures Rise
- 7 Instream Rights as Sea Levels Rise
- 8 Instream Rights and Groundwater Extraction
- 9 Instream Rights and Old Canals
- 10 Instream Rights and Water as an Investment
- 11 Instream Rights and International Law
- 12 Instream Rights and Irrigation Subsidies
- 13 Instream Rights and Pacific Salmon
- 14 Instream Rights and Hatchery Fish
- 15 Instream Rights as Indigenous Rights
- Conclusion Policy Disconnected from Science
- About the Author
- Index
Summary
As legal creatures go, the public trust is an odd duck. Public trust principles are often echoed in constitutional provisions, but constitutions are often not the source of the public trust. Statutory provisions often reference the public trust, but its legal foundation is not found in such statutes. The public trust has been characterized as a property interest, but one that is not held by any particular entity.
The public trust is also now a legal concept that continues to gain broader acceptance internationally. As noted in the Introduction to this book, variations of the public trust have now been recognized in such countries as India, Kenya, and South Africa.1 Given that the origins of the public trust can be traced back to the English common law, it is perhaps not surprising that it has often been given a positive reception in many of England’s former colonies (such as India, Kenya, South Africa, and the United States), which are the inheritors of this tradition.
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- RiverflowThe Right to Keep Water Instream, pp. 15 - 30Publisher: Cambridge University PressPrint publication year: 2021