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PUBLICATIONS & ARTICLES
The Taking of Water Through the Guise of the Public Trust Doctrine and the Reasonable Use Doctrine: A Taking Is a Taking
By Stuart L. Somach
At the onset, it should be noted that because of the limited nature of this paper its focus is upon a number of potentially damaging aspects of existing and proposed actions associated with the Delta, ignoring the positive. The reality is, however, that much of what is proposed is good, innovative and much needed. Nonetheless, in very critical areas, including those dealt with here, flaws in approach may undermine the effective implementation of the majority of the positive actions that have been suggested.
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