What is the public trust doctrine in terms of water?

The public trust doctrine is an important legal concept in North Carolina when it comes to water. This doctrine, which is rooted in English and Roman law, states that certain natural resources are essential for public health, safety, and welfare and are therefore owned by the public as a whole. In terms of water, the public trust doctrine recognizes that all bodies of water are held in trust by the state for the benefit of the public. This means that the state is responsible for the conservation of rivers, lakes, streams, estuaries, and other waters, and that they should be managed for public purposes only. The public trust doctrine also grants members of the public the right to use the waters for such activities as boating, swimming, fishing, and other recreational activities. It also grants the public certain rights of navigation over the waters, such as the right to access public waterways for specific navigational purposes. In North Carolina, this doctrine is enforced through the Water Rights and Land Use Laws, which regulate the use and management of all water-related resources. These laws require that any construction or alteration to water bodies must be approved by the state, and that all activities conducted in or on the waters must first be obtained permission from the state. Furthermore, the state is responsible for the protection and preservation of these resources for the benefit of the public.

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