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PA • Public versus private use headed to court
JUNE 10, 2006 | The first stage - probably not the last - in a key water use case in Pennsylvania, gets underway June 12 as parties argue over the proper public and private uses of water in the state - specifically, at a spot in Huntingdon County.
The
case was launched after the Spring Ridge Club, managed by Donald
Beaver, converted about 1.3 miles of the Little Juniata River from its
traditional public use to a trout fishery available to members
exclusively. Another club, the Spring Ridge Club, also has benefitted
and is also a defendant.
The Pennsylvania Department of
Environmental Protection, among other public entities, plus private
parties including the owner of a local tackle shop, have contended that
Beaver's actions have deprived citizens of the state of their right to
enjoy public waterways. owner will attempt to prove that Beaver is
interfering with the rights of citizens to enjoy public waters.
The
case begins as a trial heard without jury before Judge Stewart Kurtz.
Whatever his decision, it is considered likely to be appealed.
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Notes
from all over
TAKING
ON THE MEXICO CITY FORUM A guest
opinion in the Cook County News Herald of Grand Marais,
Minnesota, blasted the approach taken at the March Fourth World
Water Forum in Mexico City which equated water rights with human
rights.
"After
the first day of the meeting, however, it became clear that the
government and corporate agents were only interested in turning
water management into a business opportunity, whereupon the NGOs
and activists established an alternative forum intent on identifying
access to clean water as a fundamental right . . . If we accept
the position that water is a common good, and an inalienable right
shared by all people, does that mean that folks in China or France
have as much right to Lake Superior’s water as we do?
Perhaps we would be better served if we didn’t use the concept
of human rights to justify our control of Lake Superior’s water,
but rather, focused on Cibber’s observation that possession
is eleven points in the law."
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