Think of a public park near you or the better-known Boston Common, or think of the public beaches and waters of our Great Lakes. Who owns these public spaces and resources? The short answer is that you do, meaning you the public. This concept of public spaces and resources like water being owned and shared by the public is not a new one; in fact, it is dates back over 2000 years to the times of Roman emperor, Justinian, and has been a part of English common law and our U.S. democracy for centuries. Read more
The 21st century brings a new wave of acute and chronic threats to the waters of the Great Lakes Basin. The world water crisis is coming to a head based on a constellation of contributing factors, including climate change, increasing world population, unchecked pollution, and wasteful consumption practices. Conflict over fresh water sources will only increase in the future as the need to provide clean drinking water, grow food, and produce energy is expected to double worldwide by 2050. Read more
To understand how the Public Trust works and how it can solve the threats and abuses to the waters of the Great Lakes Basin, citizens and leaders will need to see and understand water as a shared public resource or “commons” is as important as other constitutional rights including free speech, assembly, and the right to posses and enjoy private property. Read more
- Public trust waters and protected uses cannot be alienated by government, and in any event may never be transferred or controlled for private purposes. A public purpose is required. (Public protected uses include navigation, commerce, fishing, swimming, recreation, and drinking water).
- The proposed diversion or use cannot materially impair the flow, level, integrity, or quality of public trust water and tributary water. It cannot materially impair public trust resources or protected public uses.
- A duty is imposed on government to account for its actions or approvals of a diversion or use by making duly recorded findings based on adequate information concerning the effects of a proposed use to assure that there is no unlawful alienation or transfer for private purpose and no material impairment of public trust waters or uses. Read more
Uses of Great Lakes water are protected under the public trust, including fishing, swimming, recreation, commerce, and navigation. Read more