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Can Groundwater Permitting Affect the Public Trust?
A recent California Court of Appeals decision held that a local agency must consider how groundwater pumping affects public trust resources like rivers and lakes. This significant decision expands the “public trust doctrine,” which requires the State to protect the public’s ability to use water for boating, swimming, and fishing. Applying this doctrine to groundwater pumping complicates agencies’ duties when considering well drilling permit applications or Sustainable Groundwater Management Act implementation.
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