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Show variety of recognized public uses. The original purpose of the doctrine was to assure public access to navigable waters for commerce, navigation and fishing. That has evolved to include modern uses that the legislature has determined appropriate to multiple- use management ofGSL( 65A- 10- 8): preservation of the lake; availability of brines to lake extraction industries; wildlife protection; recreation protection; safe boating; availability of appropriate areas for extraction of brine, minerals, chemicals and petrochemicals to aid the state's economy; maintenance and protection of marshlands, rookeries and wildlife refuges and public access to the lake for recreation, hunting and fishing. The Public Trust Doctrine has been, and will continue to be, flexible to accommodate changing demands for public trust resources. There is no particular hierarchy of uses, but when there are competing public benefits, the public trust requires that those benefits that best preserve the purpose of the public trust under the circumstances should be given a higher priority. The Utah Legislature has assigned responsibility for management of sovereign lands, including GSL, to DFFSL. As trustee, DFFSL must strive for an appropriate balance among compatible and competing uses specified in statute. It is desirable to maintain the option to adjust the allocation of public trust resources in response to changes in demand and changes in administrative and legislative policy. Sale of sovereign lands is generally precluded by the constitutionally- imposed duty of the state to manage sovereign lands for the public. The general exception to this prohibition is if the disposition itself is in the furtherance of the public interest. The Utah Legislature has chosen to protect the public interest when sovereign land is sold or leased by requiring that "... the lease, contract of sale, or deed shall contain a provision that: ( a) these lands shall be open to the public for the purpose of hunting, trapping, and fishing upon them during the lawful season, except: ( i) where the lands are situated in incorporated or unincorporated towns or cities: and ( ii) when it is mutually agreed by the director of the Division of Forestry, Fire, and State Lands and the Wildlife Board that the lands may be leased or sold for exploration or development of minerals including oil and gas; and ( b) no charge may be made by the lessee, contractee, or grantee to any person who desires to go upon the land for the purpose of hunting, trapping, or fishing." Even so, there are circumstances under which a lessee or grantee must be able to restrict public access to fully enjoy the rights granted under a lease, permit or sale. Examples include restrictions during mining operations, construction of improvements, harbor operations, military operations and access to personal property. The test of any disposition of an interest in sovereign land is that it must be done without any substantial impairment of the public interest in the lands and waters remaining. Once again, this involves a judgement call on the degree of impairment of the trust resource or the public's trust rights therein. 13 |