08/06/2026
"To determine whether the Public Trust Doctrine precludes development here, application of a three-part test is necessary. First, are the waters important to the public, and have the public historically and traditionally used these waters for aesthetic, commercial or recreational purposes?
Second, will the proposed permit destroy or seriously impair the public’s historical use?
Third, is the public interest so paramount that it overrides any countervailing interest of the proposed developer?
Bigfork Bay clearly meets these criteria. Accordingly, the bay’s waters are held in trust for us, the public. We, members of the public, have long enjoyed them, and will, hopefully, for years into the future."
Guest opinion: Bigfork Bay meets Public Trust Doctrine criteria Read more in the comments. https://dailyinterlake.com/news/2026/aug/04/guest-opinion-bigfork-bay-meets-public-trust-doctrine-criteria/?utm_campaign=trueanthem&utm_medium=social&utm_source=facebook