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Couple Forced to Destroy 40-Year-Old Pond On Their Own Property Because Govt Owns The Rainwater
Free Thought Project ^ | Claire Bernish

Posted on 12/28/2016 12:48:41 PM PST by Lorianne

An Oregon couple has been told they must destroy a 2-acre pond on their land — the property’s most attractive feature — because the government said so.

Although Jon and Sabrina Carey purchased the 10-acre property near Butte Falls two and a half years ago, the pond has been in place for 40 years — but that fact doesn’t matter to the Jackson County Watermaster’s Office.

“I basically bought a lemon,” said Jon, who became teary-eyed at the edge of the partially ice-covered body of water being targeted by government, in an interview with the Mail Tribune. “That’s how they explained it to me.” But the couple desperately wants to keep the stunning longstanding feature in tact, so, as the Mail Tribune reports, the Careys have “pleaded with the Medford Water Commission to adopt the pond and treat it as a municipal water source, something Jackson County Watermaster Larry Menteer has opposed because of the precedent it would set.

“The Water Commission has rights to the watershed around the Careys’ property, where dozens, if not hundreds, of ponds are located, as well as Medford’s primary source of water, Big Butte Springs.”

And the Careys aren’t the only people in the watershed who’ve had difficulties with, well, ‘the government’s’ water.

Eagle Point resident Gary Harrington spent 90 days in jail for illegally harboring some 13 million gallons of illicit rainwater — that’s enough rain to fill around 20 Olympic-sized swimming pools.

Harrington masterfully crafted several ponds on his property — even building docks for one, and stocking it with largemouth bass — but his insistence the water would assist in fire control and prevention didn’t satisfy the government, since a “1925 state law dictates that the water belongs to the Medford Water Commission.”

(Excerpt) Read more at thefreethoughtproject.com ...


TOPICS: Crime/Corruption; Government; News/Current Events; US: Oregon
KEYWORDS: epaoutofcontrol; governmentgonewild; ponds; privateproperty; rainwater; waterrights
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To: Nachoman
They’re probably breathing gov’t air as well.

Good point. Air contains oxygen and the FDA has ruled that oxygen is a prescription drug. So technically, yes, it could be construed as the governments air.

61 posted on 12/28/2016 2:18:07 PM PST by Karl Spooner
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To: Lorianne
Is he really impounding the water, or is part of his property below the water table?

62 posted on 12/28/2016 2:19:37 PM PST by Right Wing Assault (Kill: TWITTER, FACEBOOK, CNN)
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To: Timpanagos1
"it is not unusual for a government agency or authority to own the rainwater in a watershed."

And there is the problem. This needs to become highly UNUSUAL. like so unusual there are no known examples.

Under what authority does the government own rainwater? Do they also own the wind and the sunlight?

These people need to tell the government to go F%ck themselves.

63 posted on 12/28/2016 2:21:27 PM PST by precisionshootist
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To: Lorianne

the problem is the man lives in Oregon.

only fools live in oregon. the Ameritrash factor is so high in Oregon that real americans just aren’t welcome


64 posted on 12/28/2016 2:21:55 PM PST by Thibodeaux (the end of Obama plague is near........ rejoice)
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To: Lorianne

The pond is of a fixed volume and any water that goes above that volume will run off into the spillway. So long as the pond doesn’t expand, what volume of water goes in must come out. What if they were to empty the pond, buy the water via the municipal water system and refill the pond? The government would no longer own the water as the property owners bought it same as if it were a swimming pool. While rain water would run into the pond it would only be displacing the water already paid for so the government would receive an equivalent volume of water as if the pond did not exist. Problem solved (but then again I am not a public bureaucrat with control issues).


65 posted on 12/28/2016 2:26:19 PM PST by Flying Circus (God help us)
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To: Lorianne; All

The unasked question is ...why now? The pond was there for 40 years and the law was from 1925. Why are they enforcing these laws now and insisting on the letter of the law instead of being guided by the spirit of the law? Somebody is getting something out of this...


66 posted on 12/28/2016 2:31:18 PM PST by mdmathis6 (BEWARE THE ABORTION POLITICAL INDUSTRIAL COMPLEX!)
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To: shhrubbery!

Yup. Sounds like this may be in the area of riparian rights or lack thereof.


67 posted on 12/28/2016 2:35:13 PM PST by SgtHooper (If you remember the 60's, YOU WEREN'T THERE!)
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To: Lorianne

??

The government owns the rainwater?

Tell that to God and Noah!


68 posted on 12/28/2016 2:41:15 PM PST by Salvation ("With God all things are possible." Matthew 19:26)
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To: Lorianne

The bad word is “property “. You only think you own your land or house. You paid for it. You pay taxes on it. The government takes a percent each year, so that after 30 years the government has confiscated its entire value. If you die with your “property” the government decides how much of it it is going to take.

The end goal is government ownership of all property: communism, but they don’t dare say the word, hoping we won’t catch on.


69 posted on 12/28/2016 2:43:32 PM PST by I want the USA back (Lying Media: completely irresponsible. Complicit in the destruction of this country.)
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To: Lorianne; goodnesswins; PROCON; Twotone; VeryFRank; Clinging Bitterly; Rio; aimhigh; Hieronymus; ...

If you would like more information about what's happening in Oregon, please FReepmail me.

Please send me your name by FReepmail if you want to be on this list.

70 posted on 12/28/2016 2:43:33 PM PST by Salvation ("With God all things are possible." Matthew 19:26)
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To: precisionshootist
Under what authority does the government own rainwater?

Riparian rights are part of the Common Law inherited from England. They are part of the "Bundle of Rights" which a landowner acquires on purchase of the property.

If I were these landowners I would first look at the Title Insurance to see if this is an insured risk. If an attorney was used in the purchase and the intended use was disclosed to the attorney i would consider bringing an action against the attorney especially if they did the title work.

If all else fails and the lake level represents the surrounding water table level, consider drilling a shallow " domestic" water well for the double-wide and then use it for farm purposes.

71 posted on 12/28/2016 2:50:10 PM PST by Timocrat (Ingnorantia non excusat)
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To: Lorianne
How to Get Assistance to Build Farm Ponds

http://www.ehow.com/how_5887550_assistance-build-farm-ponds.html

72 posted on 12/28/2016 2:54:58 PM PST by TYVets
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To: Lorianne

Every liberal is a totalitarian thug.


73 posted on 12/28/2016 2:56:43 PM PST by stinkerpot65 (Global warming is a Marxist lie.)
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To: Jack Black

Kick the mayor out.


74 posted on 12/28/2016 3:04:00 PM PST by bgill (From the CDC site, "We don't know how people are infected with Ebola")
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To: CharlesWayneCT

“don’t move into any place where the government insists they own the water.”

Isnt that pretty much everywhere?


75 posted on 12/28/2016 3:14:28 PM PST by lowbridge
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To: Lorianne

Maryland taxes rain. I kid you not!


76 posted on 12/28/2016 3:39:35 PM PST by napscoordinator (Trump/Hunter, jr for President/Vice President 2016)
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To: Lorianne
if the gooberment owns it, then keep it off of my property, and if i get a flood, im gonna sue you for not controlling your water
77 posted on 12/28/2016 3:43:22 PM PST by Chode (may the RATS all die of dehydration from crying)
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To: Mr. Douglas

The Feds have no business in this. The Oregon idiots put the idiots in power and they can suffer the consequences.


78 posted on 12/28/2016 4:12:57 PM PST by Portcall24
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To: Lorianne

There are no Feds involved.


79 posted on 12/28/2016 4:13:56 PM PST by Portcall24
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To: TheTimeOfMan

No I think actually that conservatives should move to Oregon and start outnumbering the ‘tards.


80 posted on 12/28/2016 4:24:21 PM PST by visualops (WooHoo Trump Train! Get on board or get out of the way!)
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