Public Trust Doctrine (PTD) Update 2023

THE PUBLIC TRUST DOCTRINE AND ITS APPLICATION TO CONSERVE INSTREAM FLOWS AND WATER LEVELS

Updates to the
1996 national instream flow program assessment project’s
public trust doctrine workshop proceedings

SPECIAL REPORT TO THE INSTREAM FLOW COUNCIL


Members Internal Use Only  (these materials are copyright protected)

INTERNAL & EXTERNAL USES OF THESE COPYRIGHTED MATERIALS:

Carefully note the following internal and external agency/governmental jurisdiction uses criteria (that are also included in the umbrella report) as these materials are copyrighted:

 

INTERNAL Agency Review

Share this umbrella report update and supporting information within your agency, including your legal office.

Ask your colleagues whether they are familiar with the doctrine, and specifically, whether they have reviewed how the doctrine provides authority to protect instream flows and water levels in your jurisdiction. If not, encourage the legal office to review Appendix A.1, including cases from similarly situated jurisdictions.

 

EXTERNAL Engagement

You may provide interested stakeholders the public link to the 1996 workshop proceedings. You may provide your own summaries of information in this copyright protected update (umbrella report and appendices) accompanied by references to the materials summarized, being mindful of the copyright limitations.

Public Trust Doctrine Update Umbrella Report 2023 Link

PTD Report Supplemental and Related Materials:







Questions: contact christopher@chalkboardllc.com or abrummond@mt.gov

 

 

IFC PTD Biennial Meeting (April, 2022) Presentations:


 

Related Meeting (May 23, 2022) Presentations


Webinar video – May 23, 2022 PTD Draft Report Q&A
Webinar chat comments

Richard Roos-Collins CV


Supplemental May 23, 2022 PTD Webinar California Case Law related Materials Related to Discharge of Pollutants into Navigable Waters. Discussed by RRC.
   – People v Gold Run Ditch and Mining Co (1884)
   – People ex rel Ricks Water Co v Elk River Mill and Lumber Co (1895)
   – People v Truckee Lumber Co (1897)
   – People v Monterey Fish Products Co (1925)   (Katie Birch – follow up documentation) 
 

 

 

 

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