of California, where a landmark ruling was handed down in favor of Audubon, which held that the public trust doctrine applied to the Los Angeles Mono Basin diversions and that the state must exercise continuous supervision to ensure that trust values are continuously considered. Background The leading case that established the public trust doctrine in the U.S. is the 1892 Supreme Court case Illinois Central Railroad v. Illinois. The Court held that public trust submerged lands belong to the respective States within which they are found, with the consequent right to use or dispose of any portion thereof, when that can be done without substantial impairment of the interest of the public in the waters…. setting a precedent for strict scrutiny of any private taking of public trust land. The Court in Illinois voided the deed because under public trust law it did not promote a primary public purpose. This meaning has been supported by Federal and California Court decisions in Woodruff v. North Bloomfield, People v. Gold Run Ditch Mining Co., People ex rel Ricks Water Co. v. Elk River Mill and Lumber Co and People v. Truckee Lumber Co. These cases make it clear as a matter of law one must exercise rights or use property so as not to infringe on the rights, interests or properties of others. Procedural history 1928: California State Constitution Article X, Section 2 states that all waters of the state must be put to reasonable and beneficial use. Any waters in excess of the "reasonable and beneficial uses" are considered surplus waters available for use by others, as stipulated under the appropriative water rights administered by California State Water Resources Control Board (SWRCB) Water rights are granted by the SWRBC after an application to appropriate water is approved and a permit is issued. The permit allows construction of a project needed to divert the water according to the terms and conditions of the permit, which includes submission of periodic progress reports by the applicant with SWRCB to ensure the application of the water is for beneficial use. If the conditional terms of the permit are met, SWRCB may issue a license to confirm the appropriative rights to the water. 1940: the City of Los Angeles Department of Water and Power (DWP) was granted permits allowing appropriation for the entire flows of four out of five of Mono Lake's tributaries (Lee Vining, Walker,