Dear HCN,
Regarding the anonymous
letter, “Where Credit is Due” (HCN, 10/2/95), I’d like to clarify
the litigative history that led to the “saving” of Mono Lake. As
the letter correctly noted, the first limitation of water
diversions from the Mono Basin was the product of lawsuits filed in
1984 by California Trout. The Mono Lake Committee and National
Audubon Society joined in these lawsuits, which were based on
enforcing California Fish and Game codes. But much more went into
last fall’s “victory” for the lake.
The decision
to raise the level of Mono Lake rested as much on California’s
Public Trust Doctrine as the state’s wildlife codes. Beginning in
1978, the Mono Lake Committee, National Audubon Society, Sierra
Club, and many others sought protection for the lake’s Public Trust
values by challenging the Los Angeles Department of Water and
Power’s licenses to divert water. By 1983, the case had made it to
the California Supreme Court, which ruled that the state has an
obligation to protect public trust values such as “the purity of
the air, the scenic views of the lake and its shore, the use of the
lake for nesting and feeding birds.”
It is
impossible to give credit for the Mono Lake victory to one legal
case, or one environmental group. In truth, it took multiple
lawsuits, an extraordinary array of environmental groups and
federal and state agencies, and, most importantly, a supportive and
vocal public. It was this coalition, not a solitary organization,
that ultimately brought about last fall’s milestone in the ongoing
effort to permanently protect Mono Lake.
Sally
Miller
Lee Vining,
California
The writer is a
member of the Mono Lake
Committee.
This article appeared in the print edition of the magazine with the headline Thanks to all who helped save Mono Lake.
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