How does the public trust doctrine apply to interstate water issues?
The public trust doctrine is a basic principle in water law that grants public access to and use of navigable waters. This doctrine is applicable to interstate water issues in several ways. In particular, it can be used to resolve disputes between states and establish a duty of protection for interstate waters. First, the public trust doctrine ensures public access to navigable waters in interstate waterways. The doctrine recognizes the waterways as a shared public resource, which provides the right for citizens of both states to access and enjoy the waters. Second, the doctrine obligates each state to protect the quality of interstate waterways. This includes protecting them from pollution, overuse, and misuse. The public trust doctrine serves as a reminder to states of their duty to protect the waterways and to work with other states to ensure that they are being managed in a way that is in the public’s interest. Finally, the public trust doctrine provides a mechanism for resolving interstate water disputes. States may negotiate agreements that determine the sharing of shared water resources, taking into account environmental and economic factors. These agreements can also include dispute resolution mechanisms in the event of a disagreement. Ultimately, the public trust doctrine serves as a tool for states to manage and protect interstate waters. By recognizing the public right to access and enjoy the waters, as well as the duty to protect them, this doctrine serves to ensure the responsible use of this valuable resource.
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