"If the pumpers and the governmental and resource agencies don't act now, this crown jewel will be lost forever, only to become mud flats choked with tules," said Gary Seput, California Trout's Board Chairman.

Lake Merced is a surface manifestation of the underlying Westside Basin Aquifer. Because of extensive "unmanaged and uncontrolled" pumping by municipalities, three private golf courses and cemeteries located above the aquifer, the water level has declined to 9.25 feet, according to the petition. The pumpers take more than 10,800 acre feet of water per year from the groundwater aquifer. About 60 percent of this water is taken by the City of Daly City and three private golf courses; the Olympic Club, the Lake Merced Golf and Country Club and the San Francisco Golf and Country Club, said Bergstrom.

In spite of the harm to fishing, boating, public access and emergency water supply, the respondents pump without any legal restriction, do not use any reclaimed waters and do not manage groundwater conjunctively with the surface supply in order to maximize the efficiency of consumptive uses, the petition states.

"The current condition of the lake threatens its viability as a source of emergency water supply, a trout fishery and as a source of recreational opportunities," said Bergstrom. "When we had our press conference at Lake Merced, I didn't see one single person with a rod in the water. It is incredible to think that in the Bay area, ground zero for environmental awareness and sensitivity, no known municipal use of recycled water exists either in San Francisco or San Mateo County. It's unconscionable."

California Trout's attorney, Richard Roos-Collins of the Natural Heritage Institute, said the petition is unique in three respects.

"First, this petition is being filed before eight state and local agencies requesting they coordinate their remedies; second CalTrout is using the public trust doctrine to change underground water resource management; and third, California Trout is using the public trust doctrine to force the Westside Basin pumpers into using reclaimed water for irrigation purposes."

In a parallel court case involving a long string of landmark court victories now known in legal circles as "CalTrout I & II," surface water was returned to four Mono Lake tributaries in 1991, 50 years after the Los Angeles Department of Water and Power turned off all flows.

However, Michael Carlin, planning director for the San Francisco Public Utility Commission (PUC), countered that groundwater pumping wasn't the only problem that has resulted in the shrinking water level.

"Merced is an urban lake with a watershed that has shrunken dramatically from 6600 acres to 600 acres," said Carlin. "Also, the city has diverted storm runoff that historically went into the lake. It is easy to say that pumping the aquifer has resulted in the lower lake level, but realistically it is a series of events, including a decreasing watershed, decreasing runoff and the groundwater pumping, that has resulted in the current situation."

"There is no one solution to restoring Lake Merced," emphasized Carlin. "It will require a series of integrated solutions. Right now we're looking at a pilot plan to divert storm water into the lake."

The diversion plan will employ a treatment system that will take heavy solids out of the storm drainage water, as well as compost leaf cartridges that will filter oil and other particulates out. The PUC has also recommended restoring the lake level to 24 to 26 feet at the South Lake Gauge.

CalTrout acknowledged the efforts of the San Francisco PUC in developing a management plan, as well as the "good will and hard work" of the Westside Basin Partners in proposing to adopt a plan for the Westside Basin.

However, the organization believed the petition was absolutely necessary "in the face of a history of delay in on-the-ground action," citing 50 years of proposals, plans and task forces to maintain water levels and quality that have resulted only in the current dire situation of the lake. CalTrout contends that given the current rate of withdrawal from the aquifer, the lake level will be reduced to sea level by 2009.

The statewide fishery organization, once considered to be oriented towards fly fishermen, has in the past several years updated its mission to focus on working with the broader angling community to restore California's varied trout fisheries.

"The organization is making a conscious effort to appeal to all anglers, whether they fish with flies, bait or lures," said Bergstrom. "Everyone is a beneficiary of healthy watersheds, regardless of how they fish. That's why we are waging this campaign to save Lake Merced."