Man Sentenced to 30 Days in Jail -- for Collecting Rainwater on His Property

reply to post by GoldenRuled


He was probably collecting them to test for radiation from the Fukushima wreckage and all the radiation blowing up in the atmosphere and raining down.

Now this is why we have a 2nd amendment....to protect ourselves from the tyrranny of power hungry scum who make their "OWN LAWS" which serve their greedy needs, desires and egos.

It's everyone's God given right and freedom to have access to whatever is on this earth naturaly .Especially when they aren't going out of their way and it's on their own property (that they also don't have rights on) . Just because someone claims ownership doesn't make it right.They are just being backed by a big gang of corrupt murderers who follow the law..right? the law THEY made which serves to control, oppress and enslave us while empowering them physically and financially.....

Yeah. That's why I don't follow corrupt manmade laws.

If only people banded together, this would never happen.......unfortunately most people are spinelessly bred, domesticated puppets who wouldn't give up a minor freedom for sake of inconveniencce. Funny thing is that all these who wouldn't give for the greater cause have no clue they will eventually lose everything.

There are laws like this all over the country. What it comes down to is water rights, and those who profit off of the public water system. You have the utility companies, the water treatment centers, and the land owners who own the rights to the water, and lease those rights to various interests. The reason it is illegal to collect your own rain water is because you would be infringing upon their water rights, because that water would fall and end up in the water supply. I know, it's ridiculous.

I'll play devil's advocate on this one:

First off, nowhere in the article does it explain exactly how much water this gentleman is diverting from the system. Furthermore there is no mention regarding the impact on his neighbors. How is it that the state got wind of his 3 rural reservoirs in the first place? I'd bet a dollar that it came from neighbor's complaints...

...And that my friends is the original intent and purpose of these very water laws. Before the laws, someone upstream of your farm could build a dam and horde the water, which would dry up the stream so you (and your downstream neighbors) had nothing to water your crops with. Lots of blood spilt back in the day over water rights abuses.

Today the laws are certainly being twisted by the PTB for their agendas, but in this specific case it is entirely possible that the law is doing the very job it was meant to: preventing bloodshed between neighbors over water hording.

this is funny to me, people in my community collect rain water all the time
We use it to feed plants have even used it for consumption after filtering
I dare the water police to find me

Collecting water (catching the rain) in a barrel is one thing, building structures (like a 15 foot dam) to divert water flow is entirely different. We aren't talking about the valley, where rainfall is abundant - that part of OR can be very dry and water can be a precious resource.

Here in the UK if your home has solar electricity and you connect to the National Grid you get a payment once a month for supplying electric to them... Assuming you produce more than you use. How about every time it rains simply invoicing the local water companies for your land supplying them? ;-) Dear sir, by my account my land has supplied your water system with 48 gallons this year, you now owe me...

"The case, he said, is centered on a 1925 law which states that the city of Medford holds exclusive rights to “all core sources of water” in the Big Butte Creek watershed and its tributaries."

So I'm assuming if a wicked thunder storm with hail rolls in and that hail damages people's houses and cars etc. then those people could go after the town for compensation as as they (the town) hold the "exclusive rights to all core sources of water"

With rights come responsibilities yes / no

hehehe

To add some context, here is a bird's eye view of Gary Harrington's personal water supply...

1900 Crowfoot Rd, Eagle Point, OR

State officials estimated 40 acre-feet of water collected behind the dams, enough to fill nearly 20 Olympic-sized swimming pools. Officials are uncertain whether Harrington built the dams himself, ordered their construction, or if they were on the property when he bought it. At any rate, it is illegal to divert and store waters of the state without a permit.

Source

This is an EFFIN' joke!!! Where's it all gonna end eh? Soon the will have devices on your mouths and will be taxing you by the lungfull of oxygen, broken down like this:
nitrogen 10%
Oxygen 40%
CO2 30%
etc.....
Thats the way your breathing bill will be broken down!!! You think I'm joking? I am being deadly serious!!!

To the posters speculative and fraggle- thanks for the replies.

Well, I have nothing much other to add other than I think it is wrong- but maybe if this guy cut it down to one resevoir- then maybe they might help him out, but I doubt that much as well. They issued the permits- then took them away.

I would fight in court too.

Another thing- its a resevoir- not an open waterway.

How much water is he really taking away if its just stored? Im sure he doesnt use that much water daily. How often does he have to refill the resevoir?

not only that- how hard is it to get water where he is at ?

good, criminals like this need to be in jail and off the streets. Maybe next time he will just buy the water like the rest of us.

reply to post by jacobjones


a guy collects a little rain water and you want to put him in prison for it?

wow.

I sure would like to know the craziest thing that has ever happened to you. Maybe killed a fly when he wasnt expecting it?

Originally posted by Zarniwoop
To add some context, here is a bird's eye view of Gary Harrington's personal water supply...

1900 Crowfoot Rd, Eagle Point, OR

Thanks to Zarniwoop's investigative journalism, I gladly retract 2/3rds of my "devil's advocate" comments, and present to you the real cause and effect behind this story.

Step one: Zoom out on the map just a bit. Screenshot, photoshop some tags on it.

(North to the left of image)

I was doing some more in depth research, but ran out of time. Here's the scoop. The eastern pond drains SOUTH through several neighbor's properties. This may be a legitimate complaint and use of the law.

The western two ponds drain west, into the 'wetland' drainage area of Indian Creek. If the NFS/Fish & Wildlife Service found 'damage' to the drainage and/or sensitive species in the drainage, then it would be in gov'ts best interest to target smaller private dams rather than adjust their practices on the larger reservoir. I did find that the dam was built back in 1922 or so...I find it hard to believe that in all those years someone 'just' noticed this guy's ponds across the drainage.

Other topics to research in getting the whole story is the exact reason for the Indian Lake Res., if that area is a protected/sensitive wetland to the NFS, and what if any species were classified sensitive in the watershed.

Originally posted by SoymilkAlaska
reply to post by GoldenRuled

 

SO LET ME GET THIS STRAIGHT:

a man. went outside.

Yes.

put out a bucket. to catch water that was FALLING OUT OF THE SKY.

Correct.

oh no what a terrorist send him to jail hurry before he hurts another drop!!!!!!!

It's not so much about hurting the water as it is about owning the water. However if Government claims ownership of water falling from the sky, then any landowner should also be rightful to bill Government for depositing their liquid substances on private land.

Originally posted by ATS23

"The case, he said, is centered on a 1925 law which states that the city of Medford holds exclusive rights to “all core sources of water” in the Big Butte Creek watershed and its tributaries."

So I'm assuming if a wicked thunder storm with hail rolls in and that hail damages people's houses and cars etc. then those people could go after the town for compensation as as they (the town) hold the "exclusive rights to all core sources of water"

That would indeed be a common sense thing to do, however the discussion is about an incident occurring in the USA, where common sense doesn't apply. In fact, it is likely to be deemed as an act of terrorism.

usnews.nbcnews.com...

But in other news, police officer with kidnap victim found tied up in his garage is suspended without pay currently. Note, not in jail.

We are being had big time, what is going on!

And I wouldn't care who passed a law on collecting water, I would flagrantly break it, because it is unlawful and expect my family to BREAK ME OUT OF THEIR ILLEGAL JAIL.

I suggest people surround where he is being held by the millions to ensure they learn a valuable lesson on who they serve and insist he be released and the judge fired.

reply to post by GoldenRuled


So the county's case is that he is not only collecting diffuse rain water and snow melt, but also that had built dams to divert actual stream water from the Big Butte River. Several years ago he pled guilty to this, received probation and agreed to open the culverts. Once his probation was completed, he closed the dams back up.

The sensible position is that he shouldn't be diverting streams, but that collecting rain water and snow melt should be OK.

I do not have sufficient evidence to support either side. But his address is: 1900 Crowfoot Rd Eagle Point, OR 97524-4501.

You will see three decent sized reservoirs and some evidence of possible spring time stream beds. The land look generally too dry for streams in my mind. Have a look the Sat. Images and decide for yourself.

There are several other man made water retention ponds in the area. So do they have permits? Are they being hassled?

Gary Harrington is storing quite a bit more water than the other, so maybe that is the real issue.

I see what's going on here.

“They issued me my permits. I had my permits in hand and they retracted them just arbitrarily, basically. They took them back and said ‘No, you can’t have them,’ so I’ve been fighting it ever since,” Harrington told CNSNews.com.

Though the state Water Resources Department initially approved his permits in 2003, the state – and a state court -- ultimately reversed the decision.

Two of the dams stand about 10 feet high and the third is about 20 feet tall. Harrington stocked the reservoirs that formed behind the dams with trout and bluegill, built boat docks and used the ponds for fishing.

Source


Interesting that this Oregon Water Law from the Oregon Water Resources Department was updated in 2003 as well...

Oregon Water Law

Would Oregon update their Water Law for the entire state for one guy with a few fish ponds on his property???

Exempt Uses - water uses that do not require a permit
Some uses of water do not require a water right. For surface water
these include: natural springs which do not flow off the property on
which they orginate, stock watering, fire control, forest management, and the
collection of rainwater. Ground water exempt uses include: stock
watering, less than one-half acre of lawn and garden watering, and domestic
water uses of no more than 15,000 gallons per day. Consult the
Department for more information about exempt uses.

WRD Infosheet No. 2 / December 2003

So, Gary sees the fire protection loophole...

He said the managers are concerned about are merely ponds holding rain and snow runoff from his own property, and that he stores the water mainly for fire protection.

Source

My guess on this:

Gary Harrington got his permits for some small water retention ponds in 2003

It turned out he had huge, stocked fish ponds, fed by diverted, albeit small tributaries and refused to invite anyone from the Water Department 'round for some nice fishing and beers.

The Water Resources Department of the State of Oregon then posted a new Water Law in December 2003

They revoked his permit due to something in the updated law

Now Gary is saying his stocked fish ponds are for fire protection.


Conclusion:

Gary is not going to jail, but...

He probably royally pissed off the wrong guys or gals at the Oregon Water Department.