What is the test for standing to assert a claim of public trust under the Public Trust doctrine?

MultiRegion, United States of America

The following excerpt is from Mono Cnty. v. Walker River Irrigation Dist., 890 F.3d 1174 (9th Cir. 2018):

2 Under the public trust doctrine, states hold navigable waterways within their borders in trust for the good of the public. See Lawrence v. Clark County , 127 Nev. 390, 254 P.3d 606, 607 (2011) ; see also Mineral County , 20 P.3d at 807 (Rose, J., concurring) ("In its most fundamental terms, the public trust doctrine provides that ... all of a state's navigable waterways are held in trust by the state for the benefit of the people and that a state official's control of those waters is forever subject to that trust.").

3 In a concurrently filed memorandum disposition, we hold Mineral County has standing to assert its public trust claim. Furthermore, we have concurrently decided that Walker Lake is within the Walker River Basin. See United States v. U.S. Bd. of Water Comm'rs , No. 15-16316.

4 We hold the subsequent takings claim in abeyance pending the result of certification.

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