The state has denied a request to take 108,000 gallons of water a day from the Laurel Hill Creek watershed in Somerset County to supply a new bottled water company, because the withdrawal would significantly diminish the flows of the stream and its tributaries and cause environmental damage.

The decision by the state Department of Environmental Protection yesterday on a water withdrawal permit sought by Cooper Springs Trout Hatchery was based on tests that showed the daily withdrawals would reduced stream flows by 40 percent.

"A 40 percent drop in stream flow would have a detrimental effect not only on Shafer Run, but also to the entire Laurel Hill Creek watershed," said Ronald Schwartz, acting regional director of the DEP's southwest region. "Maintaining stream flow is essential to the ecological health of the state's creeks and streams."

Shafer Run is classified as a "high quality cold water fishery" by the state Fish and Boat Commission, and Laurel Hill Creek, which flows into the Youghiogheny River, is a popular fishing, canoeing and swimming venue. In April the creek was named one of the nation's 10 most endangered rivers by American Rivers, a river advocacy group, because of already existing withdrawals by municipal water authorities, two state prisons, agriculture and Seven Springs ski resort.

"We are quite pleased that the department has taken this step toward protecting the Shafer Run watershed and thus, the larger Laurel Hill Creek watershed," said Krissy Kasserman, head of Youghiogheny Riverkeeper, a river advocacy group. "As demand increases, so does our responsibility to wisely manage our water. We applaud the decision to deny the Cooper Springs permit."

DEP required Cooper Springs to test four private wells, a spring and four waterways, including Shafer Run, to determine the impact of the proposed water withdrawals to each. Initial pump test data showed only a minimal impact, but DEP then required the applicant to quantify withdrawals based on stream flow, and that comparison showed what the DEP termed "a startling 40 percent drop."

Contacted at the hatchery yesterday afternoon, Jack Beals, who had proposed the withdrawals for a new water bottling business, said hadn't received word of the state decision and so hadn't decided if he would appeal it.

"This is all new to me right now," he said. "If it would diminish [the creek flow] that much, it would be detrimental."