Water Policy and Advocacy
Shaping the Future of Water Management Through Policy and Advocacy
Legal Action to Support Jus Publicum in the Public's Water
The Foundation may use advocacy or litigation where appropriate to protect the public’s interest in water. By addressing competition for water use in the judicial setting, advocating the public interest and the common good, we are able to raise public policy issues that otherwise would not arise in the application of antiquated water laws.
Water belongs to the public, as do game, fish and the environment. It has been so since time immemorial. Domain over the public’s water was claimed by the new United States in 1787 in both jus privatum and jus publicum. The former permitted the government to license private use of the public’s water. The latter permitted the government to legislate strategies to protect the public’s interest in the asset the public held in common. Both are ensconced in the Property Clause of the U.S. Constitution (Article IV, Section 3, Clause 2).
Congress passed that authority to the State of Washington upon statehood in 1889.
The Washington Legislature has delegated its authority to license private use of the public’s water first to the Department of Water Conservation, the predecessor of the Department of Ecology. These state agencies could issue licenses to private persons where they could show that they had “appropriated” (taken) water from a public water body and would put it to “beneficial use.”
The Legislature’s retained authority to protect the public’s interest in the public’s water is like that of a trustee of a trust. The corpus of the trust is the public’s water and the public are the beneficiaries. Hence, the “public trust doctrine” has been used by beneficiaries to support and defend the trustee’s actions where licenses sounding in jus privatum interfere with the public interest.
“Beneficial use” was initially thought to be economically beneficial. But, in 1971, Washington’s Legislature declared that “Uses of water for domestic, stock watering, industrial, commercial, agricultural, irrigation, hydroelectric power production, mining, fish and wildlife maintenance and enhancement, recreational, and thermal power production purposes, and preservation of environmental and aesthetic values, and all other uses compatible with the enjoyment of the public waters of the state, are declared to be beneficial.”
Our efforts include supporting the Washington Legislature’s exercise of its jus publicum authority where it is otherwise constitutional.
Advancing Sustainable Water Management Practices
Through advocacy, we work with lawmakers, regulators, and community leaders to promote restoration of aquatic environments, fishery resources, endangered species and fair and equitable water policies. Our focus is on ensuring that water and its denizens remain a public resource and that sustainable practices are prioritized in decision-making.
By advocating for principles like maximum net benefit and instream water rights, we influence policy reforms that protect the environment while meeting the needs of Washington’s communities.
Maximum Net Benefit
The Washington Legislature has declared that:
Allocation of waters among potential uses and users shall be based generally on the securing of the maximum net benefits for the people of the state. Maximum net benefits shall constitute total benefits less costs including opportunities lost.
The Water Means Life Foundation advocates that administratively-conferred licenses for the private use of the public’s must be compromised to this legislative mandate issued under the Legislature’s jus publicum authority.
By simplifying complex laws and highlighting actionable steps, we empower communities to advocate for sustainable water management and protect their access to clean water.
Your Involvement Makes a Difference
You can support water policy efforts by participating in advocacy campaigns, volunteering your time, or contributing to our legal and educational initiatives. Every action you take helps to protect water as a shared resource for all.
Together, we can create a future where water is sustainably managed and equitably distributed.
Securing the Future of Water Resources
Water is a public resource that belongs to all of us. Supporting the Water Means Life Foundation ensures that policies reflect the values of fairness and sustainability. Join us to protect water for people, ecosystems, and future generations.
Contact Us to Get Involved
We welcome everyone who is passionate about creating a sustainable future for our planet’s water resources. If you are interested in collaborating with us, have questions about our work, or want to contribute, we encourage you to get in touch.
Our contact page provides an easy way to reach us. Whether you prefer email, phone, or submitting an inquiry through our online form, we are here to connect with you.
You can also stay updated on our latest efforts by following us on social media. Join the conversation, share your thoughts, and become part of a growing community dedicated to protecting water for future generations.