Meeting Public Comments

Jason Reber []

Iowa House Study Bill 647 Undermines Public Trust DoctrineThe Iowa House Study Bill (HSB 647), just proposed in 2023, would allow common interest communities/developments (CIDs) and certain nonprofit corporations such as homeowners associations to regulate the operation of vessels and equipment on public lakes. This bill would be a significant setback for the public trust doctrine, which holds that certain resources, such as water, are held by the state for the benefit of the public.What is the Public Trust Doctrine?The public trust doctrine is a legal principle that requires the government to protect and manage certain natural resources for the public benefit. These resources include waterways, wildlife, and mineral resources. The doctrine is based on the idea that these resources are too important to be privatized and that they should be accessible to all citizens.How Does the HSB 647 Undermine the Public Trust Doctrine?The HSB would allow CIDs and nonprofits to establish their own rules for the operation of vessels on public lakes. These rules could be anything from speed limits to equipment requirements. This would give these private entities control over a resource that is rightfully held by the public. Additionally, the associations can control the licensing and safety inspections of the vessels to members only and block the public from access to the resource.The Impact of the HSB on Public AccessThe HSB could have a significant impact on public access to certain public lakes. If CIDs and nonprofits are able to impose their own rules on the use of these lakes, it could make it more difficult for the public to enjoy them. This is especially concerning for lowincome individuals and families, who may not be able to afford to join a CID or afford the additional costs associated with complying with private rules.ConclusionThe Iowa House Study Bill is a dangerous and misguided piece of legislation that would undermine the public trust doctrine and damage public access to public lakes. It is important to stand up for the public's right to access and enjoy these precious natural resources.