What is the “doctrine of gains”?
The “doctrine of gains” is a legal principle that applies to Washington water law. In Washington, water is treated as a publicly owned resource, and is managed and regulated by the state government. Under the “doctrine of gains”, any water user that takes water from a source for beneficial use may not benefit at the expense of other water users, or of the public good. This means that the water user must use their water in an appropriate and judicious fashion, and not consume or divert more than what is necessary. The “doctrine of gains” is part of the public trust doctrine, which assigns the state government the responsibility to protect public resources, like water, from overuse or abuse. The state government also has the responsibility to ensure that users are putting water to beneficial use in the public interest. In addition, the “doctrine of gains” prevents the user from expanding their own water use beyond what has already been determined to be beneficial. This is an important measure, as it prevents one user from taking excessive amounts of water for their own use, or from limiting the access of other water users.
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