Ancient legal doctrine stirs Delta water fight

A powerful state agency is coming under increasing pressure to apply an ancient, obscure and potent legal concept to sort out the state's untenable water mess and save the Delta's dying ecosystem for future generations.

The public trust doctrine, which has roots in the Roman Empire, could lead to sweeping revisions in the amount of water that may be taken from the Delta.

The doctrine, which has been buttressed in California's courts, says that certain values belong to present and future generations and that the state has an obligation to protect those values. In the Delta, for example, that could mean regulators might strike a new balance between the needs for Delta water and recreational fishing and water quality.

The idea is prompting fierce opposition from some of the state's largest water agencies, who fear water will be taken away from them for environmental benefits.

Several months ago, an independent panel appointed to make recommendations on water policy and the Delta concluded public trust and a related constitutional doctrine should become the foundation of decision-making about California water.

The chairman of that panel, former legislative leader Phil Isenberg, told the State Water Resources Control Board this week that the status quo must change, but he added that proposed changes will face stiff opposition.

"Most people want to be assured that what they're doing now, they can continue to do it, and it will be cheap," Isenberg said.

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