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The article titled "Ruling Is a Boost For Access to Water," on page B15 of the February 10, 2007 edition of The New York Times describes an early success in the ongoing battle between private owners of land abutting rivers and streams and the fly fishermen seeking to wade in these waters. Some four years ago, a fishing guide in Pennsylvania joined with state agencies to sue the Spring Ridge Club, a private fishing club that owned exclusive access rights to the Little Juniata River in central Pennsylvania. In a lengthy opinion, the state Common Pleas Court judge decided that, from the time of the American Revolution, the river had historically been used by the public to transport whiskey, grain and other goods, and therefore must be open to the public for wading.
The article quotes the Executive Director of the Georgetown Environmental Law and Policy Institute in Washington, DC, commenting on the case: "The Little J. case is a window into a larger national trend of private interests trying to re-appropriate public resources for their own use. I can think of a couple of instances in the Adirondacks involving fishing clubs and the navigability issue. Others involve beaches. It's not surprising that most of these disputes center around the boundary between land and water where there are wonderful recreational opportunities. The opportunity to capitalize on fishing and hunting didn't used to exist. Now that there are fewer places for sportsmen to go, there's a growing, private market for fishing and hunting opportunities -- where investors realize they can make good money."
The article also quotes the Executive Director of the Property Environmental and Research Center in Montana, a pioneer of "enviropreneurship," which advocates treating open space as a free-market commodity. "The man who plays golf, the man who skis wouldn't think of getting on a course or a run without paying. The same fees should be thought of with hunting and fishing. Opening streams to public access creates a tragedy of the commons. Everyone races to get it before someone else does. You have overfishing or overcrowding or both."