Professor Frank Comments on Groundwater Regulation Suit for KQED
Professor of Environmental Practice Richard Frank commented for a news report on public radio station KQED regarding a lawsuit over groundwater extraction in Siskiyou County.
In July, a Sacramento County Superior Court ruled that Siskiyou County and the State Water Resources Control Board must consider water flows in the Scott River before issuing permits to drill wells and pump hydrologically connected groundwater nearby. It was the first time a California court affirmed that pumping of groundwater resources that are connected to surface water flows are subject to California's Public Trust Doctrine. The case is being appealed and may be headed for the California Supreme Court, and Frank is optimistic the lower court ruling will be upheld.
"We don't have the luxury anymore of treating water as purely private property, a private resource," said Frank. "In my opinion, that's never been the law -- that's never been sound policy. But having courts underscore that, emphasize that and make that principle an abiding part of water policy and water law is critically important."
Frank, a 1974 graduate of King Hall, is a leader in the field of environmental law and the founding Director of the California Environmental Law and Policy Center at UC Davis School of Law.