A Huntingdon County court decision this week guaranteed the rights of citizens to have access to the Little Juniata River for fishing, boating and other recreation.

The lawsuit was filed 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 fishing club. The Fish and Boat Commission, Department of Environmental Protection, and the Department of Conservation and Natural Resources filed the suit.

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's ruling that the Little Juniata River 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 natural treasures,” said PFBC Executive Director Doug Austen. “Without access, the finest waters in the commonwealth have little value for public recreation. So protecting the public's rights on public waters is of utmost importance to this agency and our constituents.”

The issue first surfaced in 2000 when 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 the river and posting “no trespassing” signs at both ends of the 1.3 mile-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 designations of 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.

NewsClip: Fishing Club Can’t Cast Public Off River

Judge Sides with State in PA Fishing Access Case

Link: Fish and Boat Commission Preserving Public Access

2/2/2007