What is the public trust doctrine?

The public trust doctrine is a fundamental legal principle in California’s water law. It states that certain bodies of water and the land beneath them are held in trust by a government, specifically for the benefit of the public. This means that the government is responsible for managing water resources responsibly and ensuring access to the public. In California, the public trust doctrine applies to navigable waters, tidal lands, and their related resources, including fisheries, and aquatic life. The doctrine establishes that the government must protect these natural resources and ensure they remain available and accessible to the public. This means the government must consider the public trust when making decisions about how to manage these resources. The public trust doctrine is often used to protect water resources, especially in California. For example, the public trust doctrine has been used by environmental organizations and citizens to challenge or prevent certain water use projects that may harm shared water resources or lead to reduced public access. The doctrine has also been used to limit public and private activities on the coast and in some inland wetlands, to protect the public’s ability to use these areas. Overall, the public trust doctrine is an important part of California’s water law and helps to ensure that bodies of water and the resources associated with them are managed responsibly and remain available for use by the public.

Related FAQs

What is the role of the federal government in regulating water?
What is the interplay between water law and environmental law?
How does the National Environmental Policy Act affect water law?
What are the various types of water rights?
How do riparian and prior appropriation systems differ in their approach to water rights?
What is the doctrine of equitable estoppel?
How is water law enforced?
How is water quality maintained?
What is the doctrine of absolute liability?
What is groundwater law?

What is the public trust doctrine?

Related FAQs

Related Blog Posts