“By the law of nature these things are common to mankind – the air, running water, the sea and consequently the shores of the sea”

– Institutes of Justinian

“The public trust…is an affirmation  of the duty of the state to protect the people’s common heritage of streams,  lakes, marshlands and tidelands….”

– Supreme Court of California, 1983

CELP relies on the Public Trust Doctrine to protect the public interest in healthy rivers, streams and aquifers, and access to all of Washington's publicly owned tidelands.

Background

The Public Trust Doctrine (PTD) originated in the Roman Empire beginning in the 5th Century, A.D., and was later encoded into English Common Law. It holds the state holds domain and sovereignty over all shorelands and navigable water, regardless of private ownership. The state has a duty to administer these lands and waters to maintain the public's right to fishing and navigation.

While American revolutionaries certainly had their differences with England, they used English Common Law as the basis for the new nation's statutes. Each new state was granted full ownership of its water bodies and shorelands, with an accompanying right to sell them. These conditions of private ownership are referred to as the jus privatum. Along with these rights came the duty to hold in trust the public's rights of navigation and access to fisheries along all fresh and saltwater banks, regardless of ownership. This is known as jus publicum.

Related information:

Fletcher Landing on Bainbridge Island

    ~ Fletcher Landing and the Public Trust Doctrine

    ~ related press stories