Posted on 07/10/2014 12:14:52 PM PDT by Gunpowder green
A rural Oregon man was sentenced Wednesday to 30 days in jail and over $1,500 in fines because he had three reservoirs on his property to collect and use rainwater.
Gary Harrington of Eagle Point, Ore., says he plans to appeal his conviction in Jackson County (Ore.) Circuit Court on nine misdemeanor charges under a 1925 law for having what state water managers called “three illegal reservoirs” on his property – and for filling the reservoirs with rainwater and snow runoff.
“The government is bullying,” Harrington told CNSNews.com in an interview Thursday.
“They’ve just gotten to be big bullies and if you just lay over and die and give up, that just makes them bigger bullies. So, we as Americans, we need to stand on our constitutional rights, on our rights as citizens and hang tough. This is a good country, we’ll prevail,” he said.
The court has given Harrington two weeks to report to the Jackson County Jail to begin serving his sentence.
(Excerpt) Read more at cnsnews.com ...
Hey WideAwake,
Is this the same guy?
Sounds like those deeds need some challenging in Federal court...all the way to the top if needed.
I understand Colorado has similar draconian water-rights laws.
Regarding crying about constitutional rights concerning water, the states have never amended the Constitution to enumerate a right to water. So the gentleman in question is learning about unchecked 10th Amendment-protected state powers the hard way. Ciizens need to work with their state lawmakers to iron out old laws that possibly no longer serve a purpose.
In fact, a joke that I have heard about the northwest is the following. How do you know when it is summer in the northwest? The punchline is that the rain has gotten warmer.
I also understand that the northwest gets so much rain that its hydroelectric-generated power gives the northwest some of the lowest prices on electricity in the country.
So I'm not quite sure why Oregon is concerned about people collecting rainwater. On the other hand, why do people in northwest need to collect rainwater? I'm sure I'll get some insights from northwestern freepers on this issue.
In Maryland they found the answer...They tax the rain!
http://www.forbes.com/sites/travisbrown/2014/01/03/when-it-rains-it-pours-tax-dollars-in-maryland/
He had three ponds, that I’ve read about.
The flowing water comes from run-off. The landscape in central and eastern Oregon is very dry. It would be dangerous to live out there in a rural setting without ponds for fire suppression purposes. So buying property without checking the water rights on the deed would be stupid.
There are people who refuse to deal with real estate agents, and this can be the result. I don’t know whether he used an agent or bought directly from the owner.
I live in southwest Washington State. Right now we’re dealing with some hard-headed county land-use employees who believe all rural folks with wells ought to be paying the country money for using water from wells. The county wants all wells to be metered.
Fat chance! I’m expecting some county employees to disappear; it would be the three SSSs (shoot, shut-up, shovel).
How far does it have to go before people demand that government stop?!?
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It’s been a law for 89 years, so apparently quite far.
Eastern Washington, eastern Oregon (which has deserts) and Idaho (also has deserts) are not blessed with heavy rainfall.
I suggest you look at an atlas of the three states.
Yeah, so he says.
He should have moved.
Gee,... wonder what I’d get for routing my rain gutters to send the rain water my garden.
So water rights includes water that falls from the skies? I thought that only pertained to rivers and underground reservoirs.
How do N.M.’s laws about water storage compare to Oregon’s?
Normally someone doing that is liable for harm if the dam or reservoir brakes no matter how careful the person is. ....So? Sue me.
I suggest you read the entire article. It is NOT about catching rainfall in a barrel.
He didn’t have a rain barrel. He constructed more than one dam and not at a down spout on his house or barn, but dammed up a tributary creek.
The guy is a jerk.
You don't own that property, somebody else owns that property.
Well, but that could be a basis for certain, valid restrictions because if a dam breaks, it can cause a lot of harm to others. The city/state has a legitimate interest I think in limiting or licensing in the context of (not just any activity of course, but) the abnormally dangerous activity of having a dam on your property because of it’s inherent danger to others.
Next week: Man jailed and fined for breathing air on his property.
FWIW, the City of Victoria B.C. will soon be offering tax credits to anyone who collects rainwater on their property (or otherwise keeps it from flowing to storm sewers). More accurately, perhaps, there will be tax increases for everyone who doesn't collect rainwater. You're still not allowed to erect a dam, and create a huge reservoir.
http://www.victoria.ca/EN/main/departments/engineering/stormwater/rainwater_management.html
Not sure off the top of my head. i’d have to dig back into the stautes again.
It remains that citizens have to work with their state lawmakers to make reasonable water conservation laws.
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