In Environmental Law Foundation, et al. v. State Water Resources Control Board, et al., Case No. 34-2010-80000583, three plaintiff organizations (collectively, ELF) claim that California's Public Trust Doctrine requires the State Water Resources Control Board (Board) and Siskiyou County (County) to regulate groundwater that is hydraulically connected to the navigable Scott River (Scott Groundwater). Although ELF's legal theory is sound, ELF chose the wrong case to test it. The Scott Groundwater already is subject to public-trust protections that are set forth in an existing Siskiyou County Superior Court Decree. Before it asks another Court to issue a new order based on a novel public-trust theory, ELF should seek better enforcement of the existing Decree.
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