02-01-2007, 12:04 AM
[size 1]HARRISBURG-- The state agencies responsible for the stewardship of Pennsylvania'snatural resources today praised a court decision guaranteeing the rights of citizens to have access to the Little Juniata River in Huntingdon County for fishing, boating and other recreation.
The Department of Environmental Protection (DEP), theDepartment of Conservation and Natural Resources (DCNR) and thePennsylvania Fish and Boat Commission (PFBC) filed suit in 2003 against Donald Beaver and other defendants who had closed a 1.3-mile section of the Little Juniata River to the public and started a private fishingclub.
During a week-long trial, the agencies asked the court to confirm the commonwealth's long-standing position that the Little Juniata River is a navigable water of the state that is held in trust for the benefit of the public.
"The court has confirmed what we have maintained throughout this process: the historically navigable waters of the commonwealth belong to the peopleof the commonwealth, and no individual or corporation has the right to restrict the public's access to these waterways," DEP SecretaryKathleen A. McGinty said. "This decision affirms the state's obligation to preserve and maintain these waters for the benefit of futuregenerations."
DEP is responsible for protecting and improving water quality. It's also charged with regulating dams, floodcontrol projects and other encroachments on Pennsylvania's 83,161 milesof rivers and streams.
The issue first surfaced in 2000when Donald Beaver began operating an exclusive fly fishing business on the Little Juniata River at and downstream of its confluence with Spruce Creek in Huntingdon County. Beaver and his employees began excluding the public from the waterway by stringing cables across theriver and posting "no trespassing" signs at both ends of the 1.3mile-stretch of river.
The commonwealth based ownership of the river on historical evidence of navigation and trade on the Little Juniata River dating from the 1700s, and statutory designationsof the river as a public highway dating to 1794, 1808 and 1822.
The commonwealth's case drew the support of local residents and businesses and statewide organizations representing anglers and hunters.
DCNR, which administers public lands for Pennsylvania's multi-billion dollar outdoor recreation and tourism industry, joined the suit to uphold itsconstitutional responsibility to assure that public resources stayavailable to the public.
"Pennsylvania has hundreds andhundreds of miles of navigable streams that are important publicrecreation assets," DCNR Secretary Michael DiBerardinis. "This case helps us to protect the public's access to these waters."
ThePFBC, a state agency responsible for managing and protecting Pennsylvania's fishery resources, as well as the regulation and promotion of recreational fishing and boating, also praised thedecision.
"The court's ruling that the Little JuniataRiver is in fact a public waterway makes it clear that those who fish and boat have a right to enjoy one of the state's true naturaltreasures," said PFBC Executive Director Doug Austen. "Without access,the finest waters in the commonwealth have little value for publicrecreation. So protecting the public's rights on public waters is of utmost importance to this agency and our constituents."
For more information on protecting and enjoying Pennsylvania's public lands and waters, visit the following Web sites: Department of EnvironmentalProtection: www.depweb.state.pa.us; Department of Conservation and Natural Resources: www.dcnr.state.pa.us; Pennsylvania Fish and Boat Commission: www.fish.state.pa.us.[/size]
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The Department of Environmental Protection (DEP), theDepartment of Conservation and Natural Resources (DCNR) and thePennsylvania Fish and Boat Commission (PFBC) filed suit in 2003 against Donald Beaver and other defendants who had closed a 1.3-mile section of the Little Juniata River to the public and started a private fishingclub.
During a week-long trial, the agencies asked the court to confirm the commonwealth's long-standing position that the Little Juniata River is a navigable water of the state that is held in trust for the benefit of the public.
"The court has confirmed what we have maintained throughout this process: the historically navigable waters of the commonwealth belong to the peopleof the commonwealth, and no individual or corporation has the right to restrict the public's access to these waterways," DEP SecretaryKathleen A. McGinty said. "This decision affirms the state's obligation to preserve and maintain these waters for the benefit of futuregenerations."
DEP is responsible for protecting and improving water quality. It's also charged with regulating dams, floodcontrol projects and other encroachments on Pennsylvania's 83,161 milesof rivers and streams.
The issue first surfaced in 2000when Donald Beaver began operating an exclusive fly fishing business on the Little Juniata River at and downstream of its confluence with Spruce Creek in Huntingdon County. Beaver and his employees began excluding the public from the waterway by stringing cables across theriver and posting "no trespassing" signs at both ends of the 1.3mile-stretch of river.
The commonwealth based ownership of the river on historical evidence of navigation and trade on the Little Juniata River dating from the 1700s, and statutory designationsof the river as a public highway dating to 1794, 1808 and 1822.
The commonwealth's case drew the support of local residents and businesses and statewide organizations representing anglers and hunters.
DCNR, which administers public lands for Pennsylvania's multi-billion dollar outdoor recreation and tourism industry, joined the suit to uphold itsconstitutional responsibility to assure that public resources stayavailable to the public.
"Pennsylvania has hundreds andhundreds of miles of navigable streams that are important publicrecreation assets," DCNR Secretary Michael DiBerardinis. "This case helps us to protect the public's access to these waters."
ThePFBC, a state agency responsible for managing and protecting Pennsylvania's fishery resources, as well as the regulation and promotion of recreational fishing and boating, also praised thedecision.
"The court's ruling that the Little JuniataRiver is in fact a public waterway makes it clear that those who fish and boat have a right to enjoy one of the state's true naturaltreasures," said PFBC Executive Director Doug Austen. "Without access,the finest waters in the commonwealth have little value for publicrecreation. So protecting the public's rights on public waters is of utmost importance to this agency and our constituents."
For more information on protecting and enjoying Pennsylvania's public lands and waters, visit the following Web sites: Department of EnvironmentalProtection: www.depweb.state.pa.us; Department of Conservation and Natural Resources: www.dcnr.state.pa.us; Pennsylvania Fish and Boat Commission: www.fish.state.pa.us.[/size]
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