PUBLIC INTEREST, OR PUBLIC WELFARE

In many states, a permit to appropriate water must be denied if the appropriation would be contrary to the public interest or public welfare. These terms are sometimes vague and state engineers or others administering the permit systems generally have viewed narrowly the authority granted under such provisions. In some cases they have restricted their consideration to matters of economic efficiency or the effects of the proposed appropriation on existing or future use for the water and have not considered such things as the environmental effects. However, recent developments, such as state environmental policy acts or legislation addressing specific public interest criteria, have placed new emphasis on this issue. Also see Public Trust Doctrine.