Mono Lake Committee
The Mono Lake Committee (MLC) is an environmental organization based in Lee Vining, California in the United States. Its mission is to preserve Mono Lake, by reducing diversions of water from the Eastern Sierra watersheds by the Los Angeles Department of Water and Power (LADWP).
Mono Lake.
Mono Lake is an alkaline lake east of Yosemite National Park, largely fed by streams from the Sierra Nevada; it has no natural outlet. In 1919 the level of the lake peaked at 6427' above sea level. Birds bred and nested on a few volcanic islands in the lake, sustained by the extensive brine shrimp and alkali flies, which also attracted large numbers of migratory birds.
In 1941, the LADWP began redirecting water from the streams feeding Mono Lake into the Los Angeles Aqueduct. As time passed, this both reduced the level of the lake and dried out the lower sections of the source streams. By 1981 the level of the lake had been reduced to 6372' above sea level, with the lake's volume cut in half, and its salinity doubled. Negit Island, a breeding site for birds, developed a land bridge and became susceptible to land-based predators such as coyotes.
Formation of the Mono Lake Committee.
In 1975, David Winkler, Jefferson Burch, and Christine Weigen obtained a grant from the NSF, with help and encouragement from ecologist David Gaines, to study the ecology of Mono Lake. Gaines had found that, starting in 1941, LADWP's diversions of water from Mono Lake's inflow creeks had caused it to lose half its volume and double its salinity. These changes, Gaines reported, reduced the ability of the lake to support its saline ecosystem. During 1976–1977, Gaines witnessed the lake's water level drop even further, and he determined to take action.
The committee was founded in March 1978 by Gaines, David Winkler, Sally Judy and Mark Ross. Gray Brechin soon became the committee's first director; he joined Gaines and others in lobbying California politicians
Mono Lake is an important habitat for migratory birds (including the California gull). The lowering of the water level endangered the bird nesting grounds on Negit Island in the middle of the lake: a land bridge had formed, which allowed predators to attack the bird nests.
LADWP Lawsuit.
In 1979, the MLC, along with the Audubon Society filed suit in Mono County, California Superior Court, claiming that LADWP's water diversions violated the public trust doctrine: that all navigable water must be managed for the benefit of everyone. In 1983, MLC won the argument in front of the California Supreme Court, who directed that the public trust doctrine overrides prior water rights.
Bruce Dodge, of Morrison and Foerster, served as the pro-bono attorney in the case.
Eventually, multiple litigations were adjudicated in 1994, by the California State Water Resources Control Board. In that ruling, LADWP was required to let enough water into Mono Lake to raise the lake level above the then-current level of below the 1941 level. As of 2018, the water level in Mono Lake has risen of the required . Los Angeles made up for the lost water through state-funded conservation and recycling projects.
Current Status and Activities.
The Mono Lake Committee currently monitors the status of the lake and the compliance of the LADWP with the court decision, supports scientific research in the Mono Lake region, and is actively working on restoring the incoming stream environments. They also provide extensive educational activities to schools and the general public, and maintain an office, information center, and bookstore in Lee Vining, CA that also serves as the Lee Vining Chamber of Commerce.
References.
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Lee Vining, California
Lee Vining (formerly Leevining, Poverty Flat, and Lakeview) is an unincorporated community and census-designated place (CDP) in Mono County, California, United States. It is located south-southeast of Bridgeport. Lee Vining is located on the southwest shore of Mono Lake. The population was 217 as of the 2020 census.
History.
The town was named after Leroy Vining, who founded the town in 1852 as a mining camp. In 1926, the town was laid out by Chris Mattly and named "Lakeview", but when a post office was sought in 1928, it was learned that another town, Lakeview, California, already had the name. The name of Lee Vining was chosen in 1953. The place was also called "Poverty Flat" for its unfavorable conditions for agriculture.
Geography.
Lee Vining is in western Mono County along U.S. Route 395, at the eastern base of the Sierra Nevada. US 395 leads northwest to Bridgeport, the Mono county seat, and southeast the same distance to the junction for Mammoth Lakes. California State Route 120 climbs west from Lee Vining to the top of Tioga Pass, the east entrance to Yosemite National Park. According to the United States Census Bureau, the Lee Vining CDP covers an area of , 99.95% of it land and 0.05% of it water.
Climate.
Lee Vining, on the boundary between the Sierra Nevada and Great Basin ecoregions, has a transitional climate: warmer and drier than the mountains to the west but cooler and much snowier than the vast desert to the east. Despite only getting of water-equivalent precipitation annually, the town averages nearly of snow, sometimes falling as late as April or even May. Precipitation is highest in the winter months of December through March, but some can be expected to fall every month of the year, and the town does not typically experience the four to six month dry spells of more coastal parts of California.
Economy.
The economy of Lee Vining relies largely on tourism, since it is the closest town to the east entrance of Yosemite National Park, and is near other tourist destinations such as Mono Lake, the ghost town of Bodie, popular trout fishing destinations, and June Mountain and Mammoth Mountain ski areas, and the June Lake recreational area. Although off-season tourism has increased in recent years, most tourists visit in the summer months because State Route 120 through Yosemite is often closed otherwise because of heavy snowfall in the winter. Lee Vining has a year-round information center for visitors.
Sights.
Lee Vining is situated near the foot of Lee Vining Canyon. State Route 120 runs from town, through the canyon, up to Tioga Pass. Lee Vining Canyon is one of only two ice climbing venues in California. U.S. Route 395 also runs through the town, connecting to Los Angeles to the south, and Reno, Nevada to the north. Gus Hess Park commemorates an early miner in Lee Vining.
The town is the site of the Upside-Down House, a distinctive local landmark built by silent film actress Nellie Bly O'Bryan. Also located in the town is the Whoa Nellie Deli, which was once described by the "San Francisco Chronicle" as "a misplaced Fellini set carved into the edge of the Mono Basin, dust devils skipping around in the distance like extras on the floor of Owens Valley."
The Lee Vining Airport lies near the town. The ZIP Code is 93541. The community is inside area codes 442 and 760.
Demographics.
The 2010 United States Census reported that Lee Vining had a population of 222. The population density was . The racial makeup of Lee Vining was 126 (56.8%) White, 0 (0.0%) African American, 25 (11.3%) Native American, 0 (0.0%) Asian/Pacific Islander, 64 (28.8%) from other races, and 7 (3.2%) from two or more races. Hispanic or Latino of any race were 96 persons (43.2%).
The Census reported that 213 people (95.9% of the population) lived in households, 9 (4.1%) lived in non-institutionalized group quarters, and 0 (0%) were institutionalized.
There were 85 households, out of which 31 (36.5%) had children under the age of 18 living in them, 44 (51.8%) were opposite-sex married couples living together, 4 (4.7%) had a female householder with no husband present, 5 (5.9%) had a male householder with no wife present. There were 5 (5.9%) unmarried opposite-sex partnerships, and 1 (1.2%) same-sex married couples or partnerships. 28 households (32.9%) were made up of individuals, and 6 (7.1%) had someone living alone who was 65 years of age or older. The average household size was 2.51. There were 53 families (62.4% of all households); the average family size was 3.25.
The population was spread out, with 56 people (25.2%) under the age of 18, 26 people (11.7%) aged 18 to 24, 71 people (32.0%) aged 25 to 44, 52 people (23.4%) aged 45 to 64, and 17 people (7.7%) who were 65 years of age or older. The median age was 30.4 years. For every 100 females, there were 107.5 males. For every 100 females age 18 and over, there were 102.4 males.
There were 112 housing units at an average density of , of which 43 (50.6%) were owner-occupied, and 42 (49.4%) were occupied by renters. The homeowner vacancy rate was 2.3%; the rental vacancy rate was 10.6%. 108 people (48.6% of the population) lived in owner-occupied housing units and 105 people (47.3%) lived in rental housing units.
Government.
In the California State Legislature, Lee Vining is in the Senate District, represented by Democrat Angelique Ashby, and in the Assembly District, represented by Republican Joe Patterson.
In the United States House of Representatives, Lee Vining is in California's congressional district, represented by Democrat John Garamendi.
Education.
Lee Vining is in the Eastern Sierra Unified School District. An elementary school and a high school (Lee Vining High School) are located in Lee Vining. Lee Vining also has a public library.
References.
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Sierra National Forest
National forest in California, United States
Sierra National Forest is a U.S. national forest located on the western slope of the central Sierra Nevada in California, bounded on the northwest by Yosemite National Park and on the south by Kings Canyon National Park. The forest is known for its mountain scenery and beautiful lakes. Forest headquarters are located in Clovis, California. There are local ranger district offices in North Fork and Prather.
History.
Sierra National Forest was the second National Forest created in California and the largest at the time. It covered over six million acres (24,000 km2) of the Sierra Nevada and was about four times the average area of typical California National Forests. Originally it embraced parts of eight counties from Tuolumne on the north to Kern on the south and Mono and Inyo on the east. Initially its name was descriptive, but later when the Sierra was divided into different units this was no longer the case.
President Benjamin Harrison proclaimed the Sierra Forest Reserve on February 14, 1893. Four years later the south half became a separate unit and was named Sierra South during the "forest reserves" era. This designation was dropped after the administrative transition to the National Forests on March 4, 1907. On July 1, 1908, the Sequoia National Forest, and Kings Canyon and Sequoia National Parks were established from this south portion of Sierra National Forest. Eastern portions of Sierra National Forest became the Inyo and Toiyabe National Forests; northern portions were used for Yosemite National Park and the Stanislaus National Forest.
The Sierra National Forest contains artifacts dating back over 10,000 years, mainly from indigenous people before written records started about 150 years ago. Around the late 1700s, the Fresno River marked the area between the Southern Sierra Miwok and the Chukchansi Yokuts, with the Western Mono living near today's Bass Lake. The borders between these groups were not clear-cut, showing that the Miwok, Yokuts, and Mono territories often overlapped.
The first timber sale on a California National Forest took place in the Sierra NF by the United States General Land Office in 1899.
Geography.
Sierra National Forest covers, in descending order of forestland area, the eastern portions of Fresno, Madera, and Mariposa counties, adjacent to the southern part of Yosemite National Park. It includes more than , at altitudes ranging from in elevation. The terrain includes rolling, oak-covered foothills, heavily forested middle elevation slopes and the tundra landscape of the High Sierra.
Boundaries.
The forest's boundary starts clockwise at the intersections of the Merced River, Sweetwater Creek and HWY 140, then moves east following the Merced River canyon to the border with Yosemite National Park near El Portal. Then it follows the park's southern boundary until it reaches the Inyo National forest near Electra Peak. From there it travels south to its border with Kings Canyon National Park near Mount Goethe. It follows the park's northern border, then heads south to the Kings River near Deer Canyon. From there it moves down the Kings River canyon east; south of the river is the Sequoia National Forest. When it reaches Pine Flat Lake near Trimmer, it turns north towards Tollhouse and continues on to Auberry. From there Sierra National Forest moves on to North Fork, then west to form a small finger towards Coarsegold. Finally, the boundary travels north to Yosemite Forks and moves west towards Miami Mountain, then heads north to return to the Merced River.
Recreation.
The forest includes a number of scenic attractions, including Fresno Dome and Nelder Grove. Several reservoirs offer fishing and boating, including Bass Lake, Shaver Lake, Wishon Reservoir, and Courtright Reservoir. There are numerous hiking opportunities in wilderness areas: Ansel Adams, John Muir, Dinkey Lakes, Kaiser, and Monarch. There is also a ski resort, China Peak, that operates under a special use permit. Great sailing opportunities exist at Huntington Lake.
Administration.
The Sierra National Forest is located within the Pacific Southwest region of the US Forest Service. The forest is divided into three ranger districts:
Bass Lake Ranger District is north and west of the San Joaquin River. Its Ranger District office is located at 57003 Road 225 North Fork, California, 93643. The district includes 36 camp sites, 17 picnic sites, 7 Off Highway Vehicle Trails, and 10 trails. It includes the Forest Service Offices of Oakhurst (40343 Hwy 41, Oakhurst, California 93644), and the Clover Meadow Wilderness Office.
High Sierra Ranger District is south and east of the San Joaquin River; it has its Ranger District office out of 29688 Auberry Rd P.O. Box 559 Prather, California 93651. This district contains 30 camp sites, 11 picnic sites, and 13 Off Highway Vehicle Trails. It also includes the following Forest Service Offices; the High Sierra visitor information station near Mono Hot Springs on the Kaiser Pass Road, Eastwood visitor information center at Hwy 168 and Kaiser Pass Road at Huntington Lake, Dinkey Creek visitor information center on Dinkey Creek Road near the Dinkey Creek Campground,
Supervisor's Office (an administrative Unit) contains the Sierra National Forest Supervisor's office (1600 Tollhouse Rd Clovis, California, 93611); the Yosemite Sierra Visitor Bureau (40343 Highway 41, Oakhurst, California 93644); and the Fresno Air Attack Base which is co-located with the Sierra National Forest Emergency Communications Center (2307 and 2309 N Clovis Ave, Fresno, California 93727) at Fresno Yosemite International Airport.
In addition, the forest has a close relationship with the Teakettle Experimental Forest which is deep inside the forest and the San Joaquin Experimental Range which is just outside the forest boundaries. They both fall in the Pacific Southwest Research Station which is based in Berkeley, California.
Ecology.
The ecology of the National Forest is typical for the western side of the southern Sierra Nevada: distributions of species are largely governed by climate, which is strongly dependent on altitude. The ecology can be described by biotic zones, which are marked by either a tree indicator species, or by a lack of trees. The biotic zones include the foothill woodland zone from (interior live oak), the lower montane zone from (Ponderosa pine), the upper montane zone from (lodgepole pine/red fir), the subalpine zone from (whitebark pine), and the alpine zone from (above the tree line).
Some of the forest are old growth, containing lodgepole pine ("Pinus contorta") and red fir ("Abies magnifica").
National monument proposal.
A campaign to designate the national forest as a national monument was begun in 2015. The proposal for the Range of Light National Monument would prevent new mining operations and phase out logging and grazing, resulting in a continuous protected area linking Yosemite, Sequoia, and Kings Canyon national parks. Former Sequoia National Park ranger Deanna Lynn Wulff founded the organization Unite the Parks to campaign for the monument's establishment. The proposal has been endorsed by numerous local businesses and organizations, a group of 200 scientists, the California Democratic Party, Democratic National Committee, Sierra Club, and the Coalition to Protect America's National Parks. The protection of old-growth trees would contribute to the 30 by 30 initiative. It is opposed by Congressman Tom McClintock and the logging industry.
In December 2022, Congressmembers Jackie Speier and Jerry McNerney introduced a bill that would establish Range of Light National Monument comprising the entirety of Sierra National Forest and the San Joaquin Gorge managed by the Bureau of Land Management. The new national monument would be administered by the National Park Service, which would manage land for conservation rather than multiple-use.
Unite the Parks has also led a lawsuit to prevent logging in fisher habitat.
References.
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National Audubon Society v. Superior Court
National Audubon Society v. Superior Court (Supreme Court of California, 1983, ) was a key case in California highlighting the conflict between the public trust doctrine and appropriative water rights. The Public Trust Doctrine is based on the principle that certain resources (such as navigable waters) are too valuable to be privately owned and must remain available for public use. In "National Audubon Society v. Superior Court," the court held that the public trust doctrine restricts the amount of water that can be withdrawn from navigable waterways. The basis for the Public Trust Doctrine goes back to Roman law. Under Roman law, the air, the rivers, the sea and the seashore were incapable of private ownership; they were dedicated to the use of the public. In essence, the public trust doctrine establishes the role of the state as having trustee environmental duties owed to the public that are subsequently enforceable by the public. There is judicial recognition of this, dictating that certain rights of the public are key to individual common law rights (such as state recognition of the public right or trust for waterways and coastal zones). Judicial recognition of the public trust doctrine has been established for tidelands and non-navigable waterways, submerged land (such as lake beds) and the waters above them, and preservation of a public interest (such as recreation, swimming, access, and sport fishing).
In "National Audubon Society v. Superior Court," it was alleged by the plaintiffs that the public trust doctrine was being violated due to environmental damages to Mono Lake in the form of significant water level declines as a result of water diversions by the City of Los Angeles Department of Water and Power (DWP). DWP based their defense on the fact that they held permits, issued by the state for the diversions, and so the diversions were allowable. The central issue in the case was whether appropriative water rights (granted in the past) must consider the public trust doctrine, requiring protection of natural resources by the state. More specifically, the issue being addressed by the court was whether Mono Lake was subject to a public trust, which would invalidate Los Angeles' use of the streams feeding the lake. The California Supreme Court held that the state, under the public trust doctrine, had continuing responsibility for the state's navigable waters and that the public trust doctrine, therefore, prevented any party from appropriating water in a manner that harmed the public trust interests. However, the court also recognized that LA depended on these diversions as a critical water source, and this in turn mitigated the rule of law as the court held that water transfers were permissible even though some damage to the environment would occur as long as this was kept to minimal harm to the extent feasible. This ruling established that the public trust doctrine and appropriative water rights are "part of an integrated system of water law" and so both must be considered when determining appropriate use of water in California.
Case summary.
In 1979, the National Audubon Society, Mono Lake Committee, and others ("Audubon") filed a suit against City of Los Angeles Department of Water and Power "DWP" to suppress their diversion of the four tributaries that originally supplied Mono Lake with water from Sierra snowmelt. The public trust doctrine is the cornerstone and crux of this court case; the doctrine originates from Roman law and has persisted throughout European and English Common law. The Institutes of Justinian from the Sixth Century A.D. stated: "by the law of nature these things are common to mankind -the air, running water, the sea and consequently the shores of the sea". Spanish and Mexican law also recognizes the public trust doctrine; the Treaty of Guadalupe Hidalgo guarantees these rights in California.
Thus, the public trust doctrine is a philosophical and realized extension of the concept of communal property, which belongs to the people and is to be held in a "trust" by the government. The public trust doctrine holds that our water, fish, and wildlife are shared resources to be held in an exalted position, above that of any industrial, commercial, or private uses in any administrative or judicial review of water allocation, and establishes that the government must uphold and protect this trusteeship as a moral obligation.
Audubon's original complaint, filed with the Superior Court of Mono County, asserted the diversions were a violation of the public trust doctrine, were both a public and private nuisance, and a violation of California State Constitution Article X, Section 4 & Article XVI, Section 6, which respectively prohibit obstruction of navigable waters and gifts by the state of a state asset. The suit attempted to establish Public Trust rights in Mono Basin, and sought declaratory and injunctive relief. This case eventually reached the Supreme Court of California, where a landmark ruling was handed down in favor of "Audubon", which held that the public trust doctrine applied to the Los Angeles Mono Basin diversions and that the state must exercise continuous supervision to ensure that trust values are continuously considered.
Background.
The leading case that established the public trust doctrine in the U.S. is the 1892 Supreme Court case Illinois Central Railroad v. Illinois. The Court held that "public trust submerged lands belong to the respective States within which they are found, with the consequent right to use or dispose of any portion thereof, when that can be done without substantial impairment of the interest of the public in the waters…." setting a precedent for strict scrutiny of any private taking of public trust land. The Court in Illinois voided the deed because under public trust law it did not promote a primary public purpose.
This meaning has been supported by Federal and California Court decisions in "Woodruff v. North Bloomfield", "People v. Gold Run Ditch" "Mining Co., People ex rel Ricks Water Co. v. Elk River Mill" and "Lumber Co and People v. Truckee Lumber Co". These cases make it clear as a matter of law one must exercise rights or use property so as not to infringe on the rights, interests or properties of others.
Procedural history.
1928: California State Constitution Article X, Section 2 states that all waters of the state must be put to reasonable and beneficial use. Any waters in excess of the "reasonable and beneficial uses" are considered surplus waters available for use by others, as stipulated under the appropriative water rights administered by California State Water Resources Control Board (SWRCB) Water rights are granted by the SWRBC after an application to appropriate water is approved and a permit is issued. The permit allows construction of a project needed to divert the water according to the terms and conditions of the permit, which includes submission of periodic progress reports by the applicant with SWRCB to ensure the application of the water is for beneficial use. If the conditional terms of the permit are met, SWRCB may issue a license to confirm the appropriative rights to the water.
1940: the City of Los Angeles Department of Water and Power ("DWP") was granted permits allowing appropriation for the entire flows of four out of five of Mono Lake's tributaries (Lee Vining, Walker, Parker, and Rush Creeks) for municipal use and hydropower generation. Mono Lake's tributaries contain glacial fed snowmelt from the Sierra Nevada and thus convey potable water, whereas the water in Mono Lake itself was and is not potable due to its salinity. Despite being granted permits, "DWP" lacked the appropriate conveyance facilities to physically appropriate and transport the volume of water that was granted at the time.
1963: The City of Los Angeles authorized the construction of a new aqueduct, the Second Los Angeles Aqueduct to transport surface water from Mono Basin and both surface and groundwater from Owens Basin.
1974: SWRCB issued licenses confirming "DWP's" right to divert water from Mono Lake tributaries, resulting in annual diversions of approximately of water from Mono Basin since the aqueduct was completed in 1970. The diversions from the second aqueduct caused the surface area of the lake to decrease by one-third and the lake level to drop , exposing of lakebed.
1977: Stanford biologist David Gaines published a study on Mono Lake's ecosystem highlighting the dangers of water diversion that garnered national attention to the potentially catastrophic ecological impacts to Mono Lake from the "DWP" diversions. This led to the formation of the Mono Lake Committee and a grassroots movement spanning over 30 years to stop the diversions and restore the basin California Water Wars.
1979: The California Department of Water Resources (CDWR) and the United States Department of the Interior (USDI) undertook a joint study of Mono Basin. The study concluded that the level of Mono Lake should be stabilized at . To achieve this goal, drastic reductions of water exports from Mono Basin were recommended from the present annual average of to a limit of . Legislation was introduced to implement this recommendation, but was never enacted.
1979: The National Audubon Society ("Audubon"), Mono Lake Committee, Friends of the Earth, the Los Angeles Audubon Society, and Mono Basin landowners initiated the original lawsuit with the Superior Court of Mono County in 1979 against Los Angeles Department of Water and Power ("DWP"), asserting that the diversions were a violation of the public trust doctrine, were both a public and private nuisance, and a violation of California State Constitution Article X, Section 4 & Article XVI, Section 6, which respectively prohibit obstruction of navigable waters and gifts by the state of a state asset. The suit attempted to establish Public Trust rights in Mono Basin, and sought declaratory and injunctive relief.
The Public Trust Case was originally argued as: National Audubon Society v. Los Angeles. Superior Court of Alpine County No. 6429.
The case was transferred to Alpine Superior Court; "DWP" filed a cross-complaint seeking adjudication of Basin water rights to all appropriators, naming 117 cross-defendants, including the plaintiffs, the State, United States Forest Service, U.S Bureau of Land Management, and other private water users.
"DWP" also sought a Congressional declaration stating they consented to the impairment of navigable waters of Mono Lake. Finally, "DWP" asserted that any nuisance at Mono Lake was attributable to the newly exposed lakebed and sought a declaration that conditions resulted from a valid exercise of the police power by the State of California. Simultaneously, "Audubon" sought permission to include a cause of action based on the federal common law of nuisance, asserting that Mono Lake is an "interstate or navigable" water in which there is an overriding federal interest, and "DWP's" diversions were causing water and air pollution.
Due to the inclusion of federal agencies, the suit was transferred to Federal District Court, where they decided abstention was appropriate and remanded. Accordingly, "Audubon" was instructed to file an action in state court to resolve two key issues: 1.) The interrelationship between the California water rights system and the public trust doctrine: Is the public trust doctrine in this context subsumed in the California water rights system, or does it function independently of that system? Could the plaintiffs challenge the "DWP's" permits by asserting the public trust doctrine limits their permits and licenses, or argue that the water diversions are not "reasonable or beneficial," as required under the California water rights system? And 2.) Whether exhaustion of administrative remedies was pursued or is applicable in this context.
This case eventually reached the Supreme Court of California, carrying this title: National Audubon Society v. Superior Court. 33 Cal. 3d 419 (1983).
Case.
At the beginning of the 20th century, the city of Los Angeles, which lies south of Mono Lake, began to undergo huge growth. As a result of this growth, the city needed additional sources of water. Around 1905, former Los Angeles Mayor, Fred Eaton, and his colleague William Mulholland, began to buy land in the Sierra Nevada region to secure water supply. The Owens River was utilized as a water source until 1919, and when the Owens River Valley began to dry up, Los Angeles investigated the Mono Basin area. In the 1930s, Los Angeles purchased of land in the Mono Basin. Over the next decade, Los Angeles took water from creeks and streams in the area. In 1919, Mono Lake had a water surface elevation of above mean sea level. In 1955, the elevation of the lake was reduced to 6,405 and still dropping. The decrease in water volume of the lake subsequently increased lake salinity, adversely affecting the local food chain. In 1980, there was a documented fifty percent reduction in the resident shrimp population, and by the spring of 1981, this reduction reached ninety five percent. Also, as the water level of Mono Lake dropped, an island within the lake that was key nesting habitat for bird species became accessible from shore (effectively becoming a peninsula), allowing coyotes access to the nesting habitat. The subsequent predation on nesting birds significantly reduced population numbers. As the level of the lake continued to drop, shoreline area increased, resulting in airborne dust and sediment transport that covered the lake with very fine silt and impacted water quality.
In 1976, a group of students from the University of California began to study the Mono Lake environment. Their research concluded that the lake's reduction in water level caused environmental damage, including the loss of the lake's brine shrimp, loss of migrating and nesting birds, and the destruction of the Mono Lake's natural beauty. In 1979, the National Audubon Society, Mono Lake Committee, Friends of the Earth, and four Mono Lake landowners filed suit against the "DWP". Plaintiffs claimed that the waters of Mono Lake were protected from the "DWP" diversions by the public trust doctrine. The Supreme Court held that the state has an obligation to protect Mono Lake once the diversions begin to harm public trust interests. The court also held that California water law permitted the State Water Resources Control Board (SWRCB) to objectively study Mono Lake water rights after the agency granted the rights. Audubon claimed that air pollution in the form of alkali dust storms were caused by Mono Lake's dropping water level. On October 6, 1988, the United States Court of Appeals, Ninth Circuit, held that Audubon could not claim a federal common law nuisance based on air pollution. In 1984, when "DWP" threatened to once again dry the creek, a trout fisherman, Dick Dahlgren, joined by California Trout, filed suit against the "DWP". Plaintiffs argued that not only did "DWP" violate the Public Trust Doctrine, it also violated the California Department of Fish and Game Code § 5937. From this case, the court required the "DWP" to release into lower Rush Creek. In 1986, the Mono Lake Committee brought a similar lawsuit to protect Lee Vining Creek. The court ordered the "DWP" to maintain a flow of to the creek. In 1989, the court halted the case for four years to allow the State Water Resources Control Board (SWRCB) to produce an Environmental Impact Report in order to recondition "DWP's" water right licenses, and to prove compliance with the Public Trust Doctrine and the Fish and Game codes
During 1993–94, SWRCB Vice-Chairman Marc Del Piero, the attorney on the Board, served as the SWRCB's sole hearing officer and conducted the water rights hearings that lasted for over forty-three days <SWRCB Water Rights Decision 1631>. On September 28, 1994, the SWRCB unanimously adopted Order 1631 and ordered that the lake must be restored to a height of 6392 feet above sea level within the next 20 years. The "DWP" can continue to divert water during these 20 years, but only an average of per year and the "DWP" must restore waterfowl and stream damage that resulted from past diversions.
Issues.
In this case, the California courts resolved two issues: The first issue was, whether the Public Trust Doctrine functions independently of the California Water Rights System. The public trust doctrine defines its purpose as maintaining, "All of its navigable, commerce, fishing, swimming, and other recreational purposes as trustee of a public trust for the benefit of the people." Therefore, the waterways cannot belong to just one person as private property; they must be available to all people.
The Public Trust Doctrine has also been expanded to protect lands in their natural state to serve as ecological units for scientific study. Mono Lake is a navigable waterway, and it harvests brine shrimp for sale as fish food. Under the traditional public trust cases, the lake is identified as a fishery. Plaintiffs sought to protect the lake's exceptional recreational and ecological value of the lake and its shore, the purity of the air, and the use of the lake for nesting and feeding by birds. Quoting "Marks v. Whitney", the court said, "There is a growing public recognition that one of the most important public uses of the tidelands and use encompassed within the tidelands trust is the preservation of those lands in their natural state, so that they may serve as ecological units for scientific study, as open space, and as environments which provide food and habitat for birds and marine life, and which favorably affect the scenery and climate of the area." As a result, Mono Lake is a navigable water, and the beds, shores, and waters of the lake are protected by the public trust.
During the trial the court brought up two cases that dealt with non-navigable waterways. In 1884, the court considered impairment of navigability in the American and Sacramento rivers due to mining on their non-navigable tributaries. Gold Run Ditching and Mining Company used water cannons to wash gold bearing gravel from the hillsides. As a result, 600,000 cubic yards of sand and gravel went into the American River and washed downstream into the beds of both the American and Sacramento rivers. The court said "The State holds the absolute right to all navigable waters and the soils