Protecting watersheds with the Public Trust Doctrine

Background/Question/Methods and Results/Conclusions

Uses of navigable waters, such as a dam or other facility, are authorized individually under regulatory statutes. Over time, this approach results in significant cumulative impacts, because no one statute reaches the different uses. The public trust doctrine, as common law, has typically been enforced in this same manner against individual uses. However, the doctrine may be used as the basis for coordinated management of a watershed to assure the sustainability of fisheries, navigation, and other public trust values.