What is the doctrine of public trust?

The doctrine of public trust is an important part of water law in Alabama. This doctrine is based on the idea that certain natural resources are for public use and are therefore held in trust by the state for the benefit of its citizens. This includes navigable waters like rivers, lakes, and streams, as well as land where wildlife and other natural resources are found. The doctrine of public trust requires the state to protect the public’s right to use and enjoy these resources, making sure they are not abused or mismanaged. This applies to all uses of these resources, including fishing, hunting, recreational activities, and water projects. The state is responsible for enforcing the doctrine of public trust and can use its powers to regulate how these resources are used and managed. The doctrine of public trust is based on centuries of legal precedent from English common law and has been applied for generations in the United States to protect these public resources from private ownership and exploitation. As water law in Alabama has developed, the doctrine of public trust has become a cornerstone of the law, ensuring that these resources are not overused or abused, and remain available for public use.

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