What is the public trust doctrine in terms of water?

The public trust doctrine is a legal concept stating that the government is responsible for protecting the public’s right to use and access bodies of water, such as lakes, rivers, and ocean waters, in Washington State. This public access includes activities like fishing, swimming, and boating. The doctrine is based upon the idea that “navigable waters" are public lands and must be available for public use. The doctrine is rooted in the state’s Water Code, which requires that the state protect public access and recreational use of water bodies. Under this law, the state must control water usage and regulate the quality of the water. For example, local governments are responsible for issuing permits for activities such as: the use of water for industrial purposes, the draining of wetlands, and revisions to shoreline development rules. In addition, the public trust doctrine can also apply to water rights disputes. A court may decide that a particular body of water should be classified as a public area subject to the public trust doctrine, allowing the public to use the water for recreational activities. As a result, the state must take steps to protect any public interest in the water body, even if private interests and property may be impacted by the public access. Ultimately, the public trust doctrine is an important legal concept in Washington State. It seeks to ensure that all citizens have access to and use of water, while also ensuring that the quality of water remains protected and preserved in accordance with the state’s Water Code.

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