What is the doctrine of public trust?
The doctrine of public trust is an important legal concept in the water law of Washington that both recognizes and protects the public’s right to use, benefit from, and enjoy natural resources. This legal doctrine is based on the idea that certain resources, such as navigable waterways, are held in trust by the state and belong to the public as a whole, not to any individual or group. In Washington, this doctrine is established by state courts and goes beyond the common law of ownership that governs property rights. It is based on the concept of a sovereign government that acts as a trustee of the public’s natural resources, including water. This means the state is responsible for protecting these resources from waste and exploitation. The doctrine of public trust specifically applies to navigable waterways in Washington, which are defined as any waterway that is capable of being used for commercial navigation. The state holds these waterways in trust for the citizens of Washington, meaning the public can use them for recreational purposes such as swimming, fishing, and boating, without any permission from a private landowner. The doctrine of public trust is a vital part of Washington’s water law, as it ensures that the public has access to the state’s natural resources and that the government is responsible for protecting those resources from abuse or exploitation.
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