What is the public trust doctrine?

The public trust doctrine is a legal principle that states certain natural resources, such as water, are held in trust by the government on behalf of the people. This doctrine is rooted in ancient Roman law, and while it has been adapted to various degrees by different countries, it has served as a foundation for water law in Virginia. In Virginia, the public trust doctrine is a cornerstone of water law and is recognized in both the state constitution and state statutes. Under this doctrine, the Virginia state government has the responsibility to manage and protect waters within the state for public use, and for the benefit of future generations. This includes activities such as fishing, navigation, flood control, and water supply. The public trust doctrine in Virginia is enforced by the Virginia State Water Control Board, tasked with developing and enforcing water quality and quantity regulations. These regulations are designed to ensure that the water within the state is managed in a way that preserves it for public benefit. Additionally, the Virginia Water Protection and Restoration Program is responsible for maintaining the public trust in the state’s waters. Overall, the public trust doctrine is an important part of water law in Virginia and is important to protect water within the state for both current and future generations.

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