Humboldt Bay  Public Trust Regle Essay

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Humboldt Bay Tidelands and the Public Trust Doctrine

Wildland Water Top quality

December eleven, 2009

Stand of Material

Setting1

Historical Setting4

Legal Setting5

Impairments & Effective Uses6

Extent of Severity9

Causes of Impairment10

Reasons for the Impairment10

Solutions12

Summary12

Sources Cited13

Set of Figures and Tables

Figure 1: Historical level of area entrusted for the public around Humboldt Bay2 Figure 2: Six watersheds feed Humboldt Bay Source Krisweb3

Figure 4: Traditional Wiyot Tribal Lands Resource: Center for Indian Community Development4 Stand 1: Beneficial Uses and Impact of Tideland Reduction 9

Environment

Humboldt Bay is the second largest estuary in Washington dc (Proctor 1980). The these types of used to become approximately twenty-seven, 000 miles but is actually approximately 16, 000 quadrat do to " wrecklamation”(See Figure 1). The watershed is 288 square mls with the average rainfall of 38 in . (Monroe 1973, Lard 2008). The bay and the watershed are on the edge of a subduction zone making for steep hilly surfaces adjacent to the bay and ocean. The abundance of hills comes at the expense of flat property, consequently a lot of the flat property in the place is previous bayland that is diked. The geologic formula of the watershed is mostly wildcat development. The wildcat formation is a highly errodable mash-up of fabric from the subduction zone (McLaughlin 2000). The high errodability of the watershed has led to vulnerability to high sedimentation rates which will greatly impair the watershed. The 6 major watersheds of Humboldt Bay are generally within remarkably errodable materials (see Number 2). The edge of the gulf is composed of freely consolidated muds that would be susceptible to intense liquefaction in the event of a large earthquake making the bay's edge an unhealthy place to build. non-e the less the cities of Eureka and Arcata happen to be close to the bay's edge (See Figure 3). Presently most of the Bay's advantage is used intended for ranching cows.

Figure 1: Historical level of area entrusted for the public about Humboldt Bay

Figure a couple of: Six watersheds feed Humboldt Bay Source Krisweb

Historic Setting

Land use around the bay offers ranged from low impact living by the native Wiyot people to signing and processing of wood to ranching to travel. The initially humans to settle the Humboldt Bay area were the Wiyot (See Figure 4). In the 1850's the platinum rush helped bring greater numbers of people to the area and to California in general. The Wiyot had been eventually violently pushed out. The inflow of people was also adequate for Cal to become a express. Once California became a state the state was entrusted to guard all navigable waters which include tidelands to get the benefit of the people (California Point out Lands Commission rate 2001, Lard 2009). So that you can raise money the Washington dc State Legislature began advertising the tidelands from 1858 to 1872 (Lard 2009). Although the leads of rare metal brought large numbers of people, timber harvesting held them about. Along with the increase of people came up the elevated need for meals. The lack of smooth space created incentive to dike and use the baylands as meadow land in order to meet the burgeoning demand for various meats.

Figure 4: Historical Wiyot Tribe Lands Origin: Center intended for Indian Community Development

Legal Setting

The bulk of Humboldt Bay's tidelands had been sold and diked. Across most of the community Common Law states that navigable marine environments are owned by the community at large. Tidelands fall under the category of navigable waters and are also therefore protected up to the excessive high wave line. The protection of public gets has in the past fallen around the government and is also referred to as the population Trust Regle (PTD). The of this prevalent law originates from many historical sources including, the Study centers of Justinian in Rome, the Magna Carta in britain, and the Desgarradura Partides vacation (State Royaume Commission 2001)....

References: California Research Bureau; The U. S. Best Court Limitations Federal Dangerous Wetlands: Ramifications of the SWANCC Decision; Washington dc Research Bureau, February 2002

California Condition Lands Commission, No Writer; Public Trust Policy, 08.

Center intended for Community American indian Development, Simply no Author, Not any Date, http://www.humboldt.edu/~cicd/map.html

Flushman, Bruce S., Water Boundaries: demystifying land restrictions adjacent to tidal or navigable waters, 2002.

Marks v. Whitney Great Court of California, 1971 6 California. 3d 251, 491 S. 2d 374, 98 Induration. Rptr. 790

McLaughlin, Ur. J

Monroe, Gary. " The All-natural Resources of Humboldt These types of. " В Department of Fish and GameВ Coastal Wetland Series #6, Dec (1973)

North Coast Regional Water Quality Control Board (NCRWQCB)

Slade, David C., Putting the population Trust Doctrine to Work: the application of people trust doctrine to the administration of lands, waters and living methods of the coastal states, 1997.

Stubblefield, Toby. " Seiment budget for subalpine watersheds, Pond Tahoe, Washington dc, USA. " В CATENAВ 76 no . 3 (2009): 163-172.



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