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Pennsylvania

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.

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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