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Commentary: Felix ‘Public Trust’ Smith urges no vote on Delta bills

Posted by: Maven on August 28, 2009 at 8:15 am

From IndyBay.org, this commentary by Felix Smith, board member of the Save the American River Association (SARA):

“To the California Legislature — I am writing to express my concerns about the rush to judgment of several bills being discussed by the State Assembly and State Senate. The Bills are SB-1 (Simitan), AB –1 (Huffman) and SB-3 (Wolk). Some of the language will expressly change the meaning / interpretation of the Public Trust Doctrine and the duties of the State administrators under that Doctrine.

The Public Trust Doctrine and the protection of the Public Trust has persisted in European, English and American law throughout history. Its roots trace back to Roman times. The Institutes of Justinian in 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”. These resources belonging to all the people are therefore held in trust by governments. As a resource management tool, the Public Trust Doctrine predates California’s water right, and waste discharge permits for air and water and land use laws and regulations since it goes back to the Sixth Century A.D.

The Public Trust Doctrine makes government agencies the trustee of our air, lakes, rivers, and streams and associated resources, uses, and ecological values and other assets of significant public use and value. This trusteeship is for the benefit of people. Public Trust assets are not held primarily for sale or conversion into money. In simple terms Public Trust assets, associated uses, and ecological values should be devoted to fulfilling the purposes of the trust, i.e., in the service of the people.

This trusteeship fixes the responsibility for the day-to-day, as well as long-term management of public trust assets. State agency administrators, as trustees, have a high fiduciary duty and responsibility to manage such assets for the long-term public interest. The obligations of a trustee are to protect trust assets from decline and to increase trust assets in numbers and value for use by the public. The duties of a trustee extend far beyond custodial activities. It requires prudent management. A trustee must be aware of potential adverse impacts; seek out opportunities for resource improvement, and act upon them appropriately consistent with its stewardship duties and responsibilities. …”

Read more of Felix Smith’s commentary from IndyBay.org by clicking here.

August 28, 2009 · Filed Under Legislation - State & Federal

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