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california Water Today 115 <br />of political clout. Critics of the Department of Water Resources express concern <br />that the agency’s broader public mission of statewide water resource planning <br />conflicts with (and is compromised by) its operation of the State Water Project <br />(Little Hoover Commission 2010). In Chapter 8, we suggest some institutional <br />reforms to improve the performance of these state agencies. <br />Federal agencies also face resource constraints, exacerbating the effects of <br />diminished federal involvement in California water in recent decades (Chapter 1). <br />In particular, the ability of the U.S. Army Corps of Engineers to play a major <br />role in California has been severely taxed by American involvement in wars and <br />reconstruction in Iraq and Afghanistan, as well as the need to focus domestic <br />efforts on the Gulf of Mexico in the aftermath of Hurricane Katrina and the <br />British Petroleum oil spill. <br />The courts <br />California’s judicial system also plays an important role in water governance, <br />with the courts serving as arbiters of disputes over particular water manage- <br />ment and use issues that often affect or reflect broader policies. State courts, <br />rather than the legislature, established the initial contours of California’s hybrid <br />system of water rights, and courts continue to define and redefine those con- <br />tours (such as the meaning of “reasonable use”) (Gray 2004). In the absence <br />of state groundwater permitting, courts have been the locus of adjudication <br />proceedings for groundwater basins. Federal and state courts also have had a <br />central role in environmental policy. In recent years, court actions have been <br />particularly important in protecting environmental flows and other environ- <br />mental amenities of water, both through the judicially enforced public trust <br />doctrine (National Audubon Society v. Superior Court 1983) and through their <br />interpretation and enforcement of the federal and state Endangered Species <br />Acts (Moore, Mulville, and Weinberg 1996; Doremus and Tarlock 2003). For <br />instance, current controversies over water supply and endangered species man- <br />agement in the Delta are largely being played out in a federal court in Fresno <br />(Chapter 1). The threat of a court decision can also lead parties to come to <br />a settlement—the case with the recent agreement to restore flows to the San <br />Joaquin River to bring back salmon and other fish species (Box 9.1). <br />A Diverse Mix of Other Actors <br />Many other groups, both formal and informal, are involved in making and <br />implementing water policies and managing water resources.