Policy/Law:  The Public Trust Doctrine is a Common Law Doctrine.  The phrase ‘Navigable waters’ is not defined in a scientific way.  If any sort of water craft can be used in the water then that water is considered navigable, and the water and land up to the high water mark are owned and controlled by the state in the best interests of the public.  Even if the boater must leave the water to get around obstacles such as large rapids it is still considered a navigable route.¹  The three public uses of  the water are navigation (boating), fishing, and commerce.  While these are the primary uses, courts have ruled that if an action is non-damaging it also falls under the doctrine and is protected by law.  This important for recreational uses of rivers such as walking and camping.²  The states can manage their rivers and waterways as they see fit as long as their management corresponds with the doctrine.  This means they can limit actions if those actions will adversely affect the river.  Regulation of motor boating, prohibiting campfires and limiting access to prevent damage are all acceptable management actions under the doctrine.  These restrictions are seen as preserving or raising the value of the river for the public.  Rivers cannot be closed to the public because of the desires of land owners or specific interest groups such as fishermen or non-motorized boaters.³   This is significant because it puts control of Minnesota’s Rivers in the hands of Minnesota Policy makers.  Allowing for Minnesota to form the State run Wild and Scenic Rivers Act.

History of the Public Trust Doctrine:  Roman emperor Justinian combined some of the laws of earlier rulers into one law that allowed for common highways, the air, RUNNING WATER and the seas and shores to be designated for public use.  Justinian’s law was adopted in English law through the Magna Carta and was transferred to the colonies—including the original thirteen colonies of the United States ⁴.  As new states were added they had equal rights under the “Equal Footing Doctrine” so the rivers, air and seas remained under state control for the public.⁵