By Joseph Edgerton
Staff Writer

It has only been a few days since the House of Representatives killed a bill to allow all-terrain vehicle (ATV) use at Bear Brook State Park, but those on both sides of the issue are willing to continue the fight.

At the center of the controversy is a disputed distance between potential ATV trails and well water sources, thanks to a mistake in the original bill regarding the location of trails near wells in the park.

Rick Lacourse is the president of the New Hampshire ATV Club, and disagrees with the 192-145 vote against development cast June 29.

“Originally, the distance between trails and wellheads was supposed to be 400 feet,” he said. “But there was a typo, and it was entered as 4,000 feet.”

The 4,000-foot requirement is now law, despite the error. He added, “The legislation keeps flip-flopping. The politicians told us that they were going to allow more trails. Instead, they took away 5 miles of trails at the Windham riding area and raised the price of registration."

Lacourse said he will continue to fight for the rights of ATV users as he always has.

"It's not going to stop," he said. "I've been president of this club for seven years, and we aren't getting anywhere. But when I'm gone, I'm sure someone else will step up."

Sandra McKenney, an Allenstown selectman who is opposed to the use of ATVs at Bear Brook, applauded the decision. "We are absolutely ecstatic,"

she said. "We have been fighting this development since it came up as House Bill 1273 in 2002."

McKenney also said she is the only member of the selectmen who was there for the opening phases of the battle, and to her memory, the board has always unanimously opposed the development.

"There is a solution for everyone, and it needs to be found," she said. "The state may have promised to make more places for ATV riders to go, but Bear Brook is not the place. It's a family park."

Lacourse said that the legislation is particularly unfair to ATV riders.

"It's ridiculous," he said. "Everyone else gets to use the park. People pay $2 to use the beach. Snowmobilers ride in the winter for free, and there are mountain bikers in the spring. Horse riders let their animals defecate right on the trail."

He added, "Everyone else uses the park for free, and we get our registration hiked up, and then we get told that we don't get to ride. Taxpayers pay for them and their trails, we pay our money and we can't get in."

Lacourse said that since the owners of large properties sold them into individual tracts of land, it is difficult to ride through properties that were once open. "The development is getting worse and worse," he said. "Where else can we go except for state land?"

Armand Verville has been a resident of Allenstown for 41 years. He is concerned that ATVs will pollute his water supply.

"I'm very pleased with the decision," he said. "I have testified against ATV use at every moment and at every available hearing on the issue."

Verville also said that his property is the first in a line of Allenstown properties that depends on nearby wells for water.

"Some ATV riders once told me that if I don't like it, I ought to move," he said. "To me, that seems like a pretty crude solution."

Like Lacourse and McKenney, Verville has pledged to take up the struggle again.

"This year, we have representatives Deanna Rush and Jacalyn Cilley to thank," he said. "I suppose next year, we'll probably be fighting this all over again. I'll be there."