NATIONAL AUDUBON SOCIETY V. SUPERIOR COURT OF ALPINE COUNTY 33 Cal.3d 419, 189 Cal.Rptr. 346, 658 P.2d 709 (1983) CASE BRIEF

NATIONAL AUDUBON SOCIETY V. SUPERIOR COURT OF ALPINE COUNTY

33 Cal.3d 419, 189 Cal.Rptr. 346, 658 P.2d 709 (1983)

NATURE OF THE CASE: This was suit to enjoin a diversion of water. Appealed.

FACTS: In 1940, the predecessor to the California Water Resources Board granted the City of Los Angeles a permit to divert water from four of the five streams which flowed in to Mono Lake. These diversions resulted in the water level dropping, and the abandonment of the site by certain species of birds. The ultimate effect of the diversions was unknown, but it was apparent that the scenic and ecological value of the lake was endangered. The National Audubon Society sued on a theory that the diversion of water by the City was a violation of the public trust. The City's right to continue to divert water from the lake derived from the appropriative water rights system.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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