WOOO HOOO!!!

I just got this email attachment from a close friend. Though you guys would like to read it.


"For those of you who have been following the case of Pennsylvania's suit against parties who were claiming ownership of what the Commonwealth has established is a navigable river:


As you may recall, last year around this time the Huntingdon County Court decided strongly in favor of the Commonwealth plaintiffs. Judge Kurtz ruled that the Little Juniata River is navigable-in-fact, and therefore the Commonwealth is the owner of the river bed in trust for the benefit of the public. Consequently, the defendants Donny Beaver, Connie Espy, Spring Ridge Club, Paradise Outfitters, et al., lacked any basis for excluding the public from fishing in these waters, and the Court issued an injunction to that effect.

Since that time, Mr. Beaver and his co-defendants appealed the matter to the PA Commonwealth Court.  They filed their brief in November 2007.  In January, the Commonwealth filed its comprehensive brief in response.  On the day this week that Beaver et al. were to file their reply brief, they informed the other parties that they were instead withdrawing their appeal.  Thus ends this saga, and the Commonwealth remains victorious.

This was a cooperative effort among the PA Dept. of Environmental Protection, the Fish & Boat Commission, and the Dept. of Conservation & Natural Resources. Also significantly involved for many years has been Allan Bright, owner of Spruce Creek Outfitters, as well as some stellar witnesses on behalf of the Commonwealth, most notably a professional historian who provided remarkable insight to a fascinating time in our nation's history."

Now thats funny!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

ORIGINAL: Skip16503




GAME OVER

 
 
 
 
Yes!!!
Great news!!!
One battle left.
Skip,
Give me the word.
 
Chris

I think "high water mark" can be best defined as "bank full". Think of a U-shaped stream channel. The high water mark would be at that tops of the "posts" on the U - where a straight line would create a 90 degree angle:
 
For example (sorry, I cant get it to line up right):
 

---

                                                                 U
 
   U

High water mark is not defined.  Just stay in the water and they'll be no problems.  It's not as if the bank there is walker friendly.  Walking the yard with get you a fine.  With all the controversy this case has caused, placing cameras there one could argue it's border line harassment.  Depends on where they are focused. They won't last.  Give it up Beaver!!!! 

Gentlemen,
   There is one other interesting thing that is fact, and has not (to my knowledge) been brought up.  In the spring there used to be many loggers (early 1900's) who floated large rafts of logs down the Little "J" to market them and then came back up by boat or wagon.  If, (and I repeat IF) this is considered commercial use of a navigable river then the high water commercial use line is quite a bit higher than some would have you believe.  But like I said, to my knowledge, this hasn't even been brought up yet.  Not to mention that there used to be a horse/mule path that ran along the river for the tows and that was considered public right of way too.  But I digress.  That is probably for a future argument.
      There is a LOT of useful information in the Archives of the Tyrone Daily Herald.  Or so I've been told. LOL!

silverkype, the cameras that i saw looked like those ones that you could rotate around. if you ever there on is in front of the farm house in the oak or maple tree about 25' up... you mentioned the high water mark not being defined, which is my point exactly, so then how could he stake it out? my next question is if you cross the bridge by sco and walk along the wing wall of the abutment down to the stream do you think they could say anything for that? that wing wall has to be on state r/w.

The wall along the bridge is not his property on the sco side.  It's the houses right there.  The owner DOES allow access.  Thank him, he's outside a lot when it's warm.  However, I've never used it.  No need for me to stomp on his grass if I can go under the bridge.  I'm not sure about the other side.  Just use the church entrance.

I don't know about the high water mark exactly.  I know people have gotten arrested.  I don't know where they were exactly.  He'll cause a stink no matter what, so everyone should take our advice; stay in the water.

So is TCO in bed with Beaver?

Lawsuit over access to fish Little Juniata River resolved

Now what about the Elk amd 20 Mile leases  OH YEA Don;t forget about 6 mile

JMFLYFISHER,
You should have proof before you start making remarks rather than just speculating.  Posts like the ones you just made are what cause these nasty rumors.  I know all of the guys very well at TCO State College and they are not the kind to work with Beaver.  As for the other TCO shops I cannot speak for them. 

I did talk to Tony (the owner of all TCO) about it.  I told him that Eric guides for SRC but works for Spruce Creek Fly Co which is affliated with TCO, or was.  Drake, where's that article about slappy????  I sent him the article and Tony said it's wrong.  I told him about the newspaper clipping, he said it's wrong.  He said we are against private water.  I asked why they advertise private water of their own from NY state??  The converison ended there.  I guess all the SRC guys at the expo in New Jersey wearing TCO shirts are wrong too.  Why would someone do that then deny it??  What about lefty doing demos at Spruce Creek Fly Co?  He's a SRC member.  If they were in fact against it, he wouldn't be there.  I knew well in advance SRC was getting 20 mile.  How ?? Spruce Creek Fly Co.  Now how on earth would they know that. 

I could list countless other instances about this as well.  If you want to shop with them, fine.  If you don't, that's fine too. 

Whatever the case, and I did see TCO are not on SCFC website anymore, but TCO Spruce Creek is still on TCO main site.

It's unfortunate, two of their shops are only a few miles from my house, and I could use a new rio line or two.  I'll go out of my way not to.  It's too easy to go to shops that I trust and simply ignor the ones I don't.

Regardless of the TCO Donny Beaver thing, what you cant deny is that after they approached FFP wanting them to sell the shop to TCO and FFP told them to sh*t and slide that they moved right within a mile of the FFP shop. Thats enough for me to tell them they can bite me.

TCO is quickly becoming the walmart of fly fishing. Guess if you want your flies from Hong Kong you can buy them from TCO. If you prefer to keep your friends in the commerical tying, tell them to take a hike on that one too. Sure you can buy a fly from them for a dollar, its not tied in America, I can promise you that much.

Everyone talks about our economy, our housing market... little stuff like the outsourcing of fly tying adds up. Thats money leaving the country no matter how you slice it.

I didn't know they were the ones who did that deal. Nice people. The flies- that's crap too.