Allenstown officials who have been fighting plans for all-terrain vehicle trails in Bear Brook State Park since 2002 won a victory in the state Senate yesterday.

A bill that would ease requirements for new ATV trails on some state lands passed yesterday - but with a last-minute amendment making an exception for Bear Brook.

The proposal relaxes drinking-water protections for new ATV trails and exempts existing trails from stream-setback requirements. But yesterday, Republican Sen. Bob Flanders of Antrim introduced a measure that gives Allenstown officials final say over such trails at Bear Brook State Park. It passed, 13-11, and now heads to the House.

"As it stands, we won't have trails in Bear Brook State Park,"said Sandy McKenney, chairwoman of the Allenstown Board of Selectmen. "Hopefully, this won't hurt anyone - and hopefully, it'll work for us. Time will tell."

State officials have been considering building about 20 miles of trails in Bear Brook since 2003. When state registration fees for ATVs were increased in 2002, riders were promised some of the money would go toward new trails on state land.

But Allenstown officials have worried about the effect of ATV pollution on town drinking water. They also worried that they would have to purchase their own ATVs - and maybe increase staffing - to police the new trails for vandalism. Last year, officials said a mistake in the original trail legislation would make it impossible to design trails as planned in Bear Brook State Park. That error affects the distance trails must be from drinking water wells. Legislation passed in 2002 says it should be 4,000 feet, but some lawmakers said the original bill should have said 400 feet.

Yesterday, the bill that passed included a provision for any town in which more than 45 percent of the land is under state ownership: Town officials will have final review and approval of proposed trail development.

"I'm not sure if I should be jumping up and down or not," said Armand Verville, a vocal opponent of the trails in Bear Brook who refers to ATVs as "toys of mass destruction."

He's happy about the amendment but concerned for other towns across the state that could still have ATVs near drinking water supplies, he said.

Without the change in the setback, trails may not be cut anywhere in the state, either.

Last year, Republican Rep. Charles Royce of Jaffrey introduced a bill to shrink the setbacks. At the time, he said the 4,000-foot setback seals off 1,154 acres of the 8,000 in Bear Brook State Park. With a 400-foot setback, that would shrink to 11.5 acres, he said.

In the past, supporters of shrinking the setback maintained that the issue was not about Bear Brook. But the park is one of few that fit the criteria for a public ATV trail. Less than 90 percent is forested wetlands or habitat for endangered species. It is easily accessible for riders looking for a day trip, and preliminary findings suggest it could support a 20-mile trail.