No Fictions Required: Assessing the Public Trust Doctrine in Pursuit of Balanced Water Management

No Fictions Required: Assessing the Public Trust Doctrine in Pursuit of Balanced Water Management

Oct 01, 2013

Article

Co-Author, University of Denver Water Law Review, Fall 2013

The public trust doctrine is controversial. This article evaluates whether the public trust doctrine should be applied to water management. To illustrate the issue, consider the following legislation proposed in Michigan:

The waters of the state, including groundwater, are held in trust by the state. The state shall protect these waters and other natural resources that are subject to the public trust for the benefit of present and future generations.

Some states have enacted legislation applying the public trust doctrine to water management. Other states, however, have rejected such application.

Click on the above pdf to read the entire article published at 17 U. DENV. WATER L. REV. 53 (2013).

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