Cat_Driver
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Man Imprisoned for Collecting Rainwater on his Own Land
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roadhunter
Elite Member
It's illegal in Colorado from my understanding. Even a rain barrel on your gutter downspout is a no no.
Collecting rainwater now illegal in many states as Big Government claims ownership over our water - NaturalNews.com
Collecting rainwater now illegal in many states as Big Government claims ownership over our water
Learn more: Collecting rainwater now illegal in many states as Big Government claims ownership over our water - NaturalNews.com
NaturalNews) Many of the freedoms we enjoy here in the U.S. are quickly eroding as the nation transforms from the land of the free into the land of the enslaved, but what I'm about to share with you takes the assault on our freedoms to a whole new level. You may not be aware of this, but many Western states, including Utah, Washington and Colorado, have long outlawed individuals from collecting rainwater on their own properties because, according to officials, that rain belongs to someone else.
Learn more: Collecting rainwater now illegal in many states as Big Government claims ownership over our water - NaturalNews.com
Collecting rainwater now illegal in many states as Big Government claims ownership over our water - NaturalNews.com
Collecting rainwater now illegal in many states as Big Government claims ownership over our water
Learn more: Collecting rainwater now illegal in many states as Big Government claims ownership over our water - NaturalNews.com
NaturalNews) Many of the freedoms we enjoy here in the U.S. are quickly eroding as the nation transforms from the land of the free into the land of the enslaved, but what I'm about to share with you takes the assault on our freedoms to a whole new level. You may not be aware of this, but many Western states, including Utah, Washington and Colorado, have long outlawed individuals from collecting rainwater on their own properties because, according to officials, that rain belongs to someone else.
Learn more: Collecting rainwater now illegal in many states as Big Government claims ownership over our water - NaturalNews.com
Sodo
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If I was downstream and my stream dried up I'd be pressing the county to do something about it too. Difficult to find these nowadays amid the press releases and political action committee re-releases but here is a more reasonable link with some backstory.
The guy built 3 big dams 13 years ago and has had numerous opportunities to comply without going to jail, but that's the step he has chosen to take. I don't think it will get him anywhere, if it was OK to stop water that crossed your land everybody with a headwaters would have a gold mine selling water to the downstreamers. No surprise. Also who is monitoring the safety of those dams? One is 20 feet high.
Eagle Point man jailed for illegal water reservoirs | Local & Regional News | Eugene News, Weather, Sports, Breaking News | KVAL CBS 13
Eagle Point man jailed for illegal water reservoirs
By KVAL News Published: Jul 29, 2012 at 2:58 PM PDT
EAGLE POINT, Ore. -- An Eagle Point man was sentenced Wednesday to 30 days in prison for constructing three illegal reservoirs of water on his property, officials from the Oregon Water Resources Department said.
Gary Harrington was convicted on nine counts of water misuse after he built dams to collect water from channels that would have flowed into a local river.
In a press release about the charges OWRD said that he had constructed two 10-foot dams and one 20-foot dam, and had enough water stored up to fill 20 Olympic-sized pools. He also constructed boat docks to run boats in the reservoirs and stocked them with fish for recreational fishing.
While it is legal to collect rainwater off of surfaces like roofs or tarps, property owners need to obtain permits before altering or collecting flowing bodies of water.
Here is a full account of the court hearing and the charges from the OWRD:
===========================
July 27, 2012 - Harrington Conviction and Sentence for 11 Years of Illegal Water Use
On Wednesday July 11, 2012, a Jackson County Circuit Court Jury convicted Eagle Point resident Gary A. Harrington on nine counts, each related to the unauthorized use of water. Under Oregon law, all water is publicly owned, and those who wish to use it for their own purposes must obtain a water right permit issued by the Oregon Water Resources Department (OWRD). State law grants various exceptions to this requirement, including an exception for collecting precipitation water that gathers on an artificial impervious surface, such as a rooftop or parking lot; in rain barrels, for example.
Harrington stored and used water illegally by placing dams across channels on his property and preventing the flow of water out of these artificial reservoirs without obtaining a water right permit. The height of each dam varies; two dams stand about ten feet tall and the third stands about 20 feet tall. The total amount of water collected behind these dams totals about 40 acre feet; enough to fill almost 20 Olympic-sized swimming pools. These man-made reservoirs feature boat docks, boats, and were stocked by Harrington with trout and Bluegill for recreational fishing.
The state first identified Harrington痴 illegal water use more than ten years ago and initiated enforcement action to discontinue his illegal use of water. After numerous attempts by OWRD and the Watermaster to achieve voluntary compliance, the Department enlisted the assistance of the Oregon State Police in 2002. Citations were issued, and Harrington pleaded guilty to several violations. He was assessed a nominal fine and ordered to drain the three reservoirs, which he did. However, Harrington again closed the headgates in 2004 and refilled the reservoirs. As a result, OWRD and the Oregon State Police submitted reports to the Jackson County District Attorney痴 Office alleging additional violations of Oregon water law. That office filed misdemeanor charges against Harrington, and in 2008 he pled guilty to one count. He was issued another fine, placed on one year probation, and was again ordered to drain the reservoirs.
According to testimony in the most recent trial, the day after Harrington痴 probation expired, he again closed the outlet valves and refilled the reservoirs. The District Attorney痴 Office enlisted the help of the Oregon Department of Justice, charges were once again filed in Jackson County Circuit Court, and on July 11, 2012, a jury found Harrington guilty of all nine counts.
On Wednesday the Court sentenced Mr. Harrington to 30 days in jail and three years probation, and imposed a $1,500 fine. Judge Timothy Gerking also ordered that the headgates holding back the water be opened and kept open with locks and chains. He also ordered the dams to be breached after the water is drained.
溺r. Harrington has operated these three reservoirs in flagrant violation of Oregon law for more than a decade, noted OWRD Deputy Director Tom Paul. 展e rely on the judicial system to maintain the rule of law and the Court痴 conviction and sentencing in this case has done just that.
Officials with the Department, in conjunction with the State Police, plan to visit the site during the next several days in order to confirm Harrington痴 compliance with court orders.
The guy built 3 big dams 13 years ago and has had numerous opportunities to comply without going to jail, but that's the step he has chosen to take. I don't think it will get him anywhere, if it was OK to stop water that crossed your land everybody with a headwaters would have a gold mine selling water to the downstreamers. No surprise. Also who is monitoring the safety of those dams? One is 20 feet high.
Eagle Point man jailed for illegal water reservoirs | Local & Regional News | Eugene News, Weather, Sports, Breaking News | KVAL CBS 13
Eagle Point man jailed for illegal water reservoirs
By KVAL News Published: Jul 29, 2012 at 2:58 PM PDT
EAGLE POINT, Ore. -- An Eagle Point man was sentenced Wednesday to 30 days in prison for constructing three illegal reservoirs of water on his property, officials from the Oregon Water Resources Department said.
Gary Harrington was convicted on nine counts of water misuse after he built dams to collect water from channels that would have flowed into a local river.
In a press release about the charges OWRD said that he had constructed two 10-foot dams and one 20-foot dam, and had enough water stored up to fill 20 Olympic-sized pools. He also constructed boat docks to run boats in the reservoirs and stocked them with fish for recreational fishing.
While it is legal to collect rainwater off of surfaces like roofs or tarps, property owners need to obtain permits before altering or collecting flowing bodies of water.
Here is a full account of the court hearing and the charges from the OWRD:
===========================
July 27, 2012 - Harrington Conviction and Sentence for 11 Years of Illegal Water Use
On Wednesday July 11, 2012, a Jackson County Circuit Court Jury convicted Eagle Point resident Gary A. Harrington on nine counts, each related to the unauthorized use of water. Under Oregon law, all water is publicly owned, and those who wish to use it for their own purposes must obtain a water right permit issued by the Oregon Water Resources Department (OWRD). State law grants various exceptions to this requirement, including an exception for collecting precipitation water that gathers on an artificial impervious surface, such as a rooftop or parking lot; in rain barrels, for example.
Harrington stored and used water illegally by placing dams across channels on his property and preventing the flow of water out of these artificial reservoirs without obtaining a water right permit. The height of each dam varies; two dams stand about ten feet tall and the third stands about 20 feet tall. The total amount of water collected behind these dams totals about 40 acre feet; enough to fill almost 20 Olympic-sized swimming pools. These man-made reservoirs feature boat docks, boats, and were stocked by Harrington with trout and Bluegill for recreational fishing.
The state first identified Harrington痴 illegal water use more than ten years ago and initiated enforcement action to discontinue his illegal use of water. After numerous attempts by OWRD and the Watermaster to achieve voluntary compliance, the Department enlisted the assistance of the Oregon State Police in 2002. Citations were issued, and Harrington pleaded guilty to several violations. He was assessed a nominal fine and ordered to drain the three reservoirs, which he did. However, Harrington again closed the headgates in 2004 and refilled the reservoirs. As a result, OWRD and the Oregon State Police submitted reports to the Jackson County District Attorney痴 Office alleging additional violations of Oregon water law. That office filed misdemeanor charges against Harrington, and in 2008 he pled guilty to one count. He was issued another fine, placed on one year probation, and was again ordered to drain the reservoirs.
According to testimony in the most recent trial, the day after Harrington痴 probation expired, he again closed the outlet valves and refilled the reservoirs. The District Attorney痴 Office enlisted the help of the Oregon Department of Justice, charges were once again filed in Jackson County Circuit Court, and on July 11, 2012, a jury found Harrington guilty of all nine counts.
On Wednesday the Court sentenced Mr. Harrington to 30 days in jail and three years probation, and imposed a $1,500 fine. Judge Timothy Gerking also ordered that the headgates holding back the water be opened and kept open with locks and chains. He also ordered the dams to be breached after the water is drained.
溺r. Harrington has operated these three reservoirs in flagrant violation of Oregon law for more than a decade, noted OWRD Deputy Director Tom Paul. 展e rely on the judicial system to maintain the rule of law and the Court痴 conviction and sentencing in this case has done just that.
Officials with the Department, in conjunction with the State Police, plan to visit the site during the next several days in order to confirm Harrington痴 compliance with court orders.
ttriff
Silver Member
Now illegal? Bunk.....
This ignorant fear monger needs to do a little research on water law, and how far back those laws date. In many, many instances they predate statehood.
His insinuations that these laws are something new and now just being enforced speak to his ignorance and flamebaiting nature of what he writes.
Loren49
Platinum Member
Rainwater harvesting - Wikipedia, the free encyclopedia
In the United States: until 2009 in Colorado, water rights laws almost completely restricted rainwater harvesting; a property owner who captured rainwater was deemed to be stealing it from those who have rights to take water from the watershed. Now, residential well owners that meet certain criteria may obtain a permit to install a rooftop precipitation collection system (SB 09-080).[8] Up to 10 large scale pilot studies may also be permitted (HB 09-1129).[9] The main factor in persuading the Colorado Legislature to change the law was a 2007 study that found that in an average year, 97% of the precipitation that fell in Douglas County, in the southern suburbs of Denver, never reached a stream—it was used by plants or evaporated on the ground. In Colorado you cannot even drill a water well unless you have at least 35 acres. In New Mexico, rainwater catchment is mandatory for new dwellings in Santa Fe.[10] Texas offers a sales tax exemption on the purchase of rainwater harvesting equipment. Both Texas[11] and Ohio allow the practice even for potable purposes. Oklahoma passed the Water for 2060 Act in 2012, to promote pilot projects for rainwater and graywater use among other water saving techniques.[12
Loren
In the United States: until 2009 in Colorado, water rights laws almost completely restricted rainwater harvesting; a property owner who captured rainwater was deemed to be stealing it from those who have rights to take water from the watershed. Now, residential well owners that meet certain criteria may obtain a permit to install a rooftop precipitation collection system (SB 09-080).[8] Up to 10 large scale pilot studies may also be permitted (HB 09-1129).[9] The main factor in persuading the Colorado Legislature to change the law was a 2007 study that found that in an average year, 97% of the precipitation that fell in Douglas County, in the southern suburbs of Denver, never reached a stream—it was used by plants or evaporated on the ground. In Colorado you cannot even drill a water well unless you have at least 35 acres. In New Mexico, rainwater catchment is mandatory for new dwellings in Santa Fe.[10] Texas offers a sales tax exemption on the purchase of rainwater harvesting equipment. Both Texas[11] and Ohio allow the practice even for potable purposes. Oklahoma passed the Water for 2060 Act in 2012, to promote pilot projects for rainwater and graywater use among other water saving techniques.[12
Loren
Firemanbuck
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Well, I can say as a Washington resident that rainwater capture is not illegal. It's used quite commonly for potable water in the San Juan Islands where groundwater supplies are limited. Rain barrels for personal home use are not only allowed but encouraged particularly in urban areas.
In most states, groundwater and surface water are considered "waters of the State". In Washington, you can drill a well on your property and pump up to 5,000 gallons a day for personal use. Want to pump more? You need a water right for that and good luck, because most if not all of the basins are now closed for new water rights since they have been over-appropriated. Most streams are also closed for use because of anadromous fish (salmon) and maintaining minimum flows during the summer and fall.
The guy in the first article, Harrington, was actively diverting streams into huge man-made ponds on his property. Ponds that he stocked with fish. This was done without permission of the state and is in violation of the State's water rights laws. Those streams feed a bigger river which is likely fish bearing and in the northwest, that brings the endangered species into play with maintaining low flows for the river during the summer. Yes, it's Oregon, but most of Oregon is a desert, and water and water rights are pretty serious stuff.
In most states, groundwater and surface water are considered "waters of the State". In Washington, you can drill a well on your property and pump up to 5,000 gallons a day for personal use. Want to pump more? You need a water right for that and good luck, because most if not all of the basins are now closed for new water rights since they have been over-appropriated. Most streams are also closed for use because of anadromous fish (salmon) and maintaining minimum flows during the summer and fall.
The guy in the first article, Harrington, was actively diverting streams into huge man-made ponds on his property. Ponds that he stocked with fish. This was done without permission of the state and is in violation of the State's water rights laws. Those streams feed a bigger river which is likely fish bearing and in the northwest, that brings the endangered species into play with maintaining low flows for the river during the summer. Yes, it's Oregon, but most of Oregon is a desert, and water and water rights are pretty serious stuff.
texasjohn
Super Member
Well, according to this https://answers.yahoo.com/question/index?qid=20131204014742AAirvOr the fellow got due process and was in egregious violation of his denied permit.
Rainwater harvesting is not illegal. It was heavily restricted in Colorado, Washington and Utah until 2009, but all three states have since relaxed their bans. In six or seven other states, rainwater harvesting is regulated -- you have to obtain a permit, which is in most cases is about making certain that your harvesting equipment doesn't contaminate groundwater -- but not illegal. (You have to obtain permits to construct houses or drive automobiles, but that doesn't make people claim such activities are "illegal.")
The guy in Colorado who was jailed for 30 days in 2012 had been denied his permit, but went ahead and built three giant reservoirs anyway -- in other words, his real offence was defying the state regulatory agency.
So, I'm not all stirred up that "they" are out to get me.
Rainwater harvesting is not illegal. It was heavily restricted in Colorado, Washington and Utah until 2009, but all three states have since relaxed their bans. In six or seven other states, rainwater harvesting is regulated -- you have to obtain a permit, which is in most cases is about making certain that your harvesting equipment doesn't contaminate groundwater -- but not illegal. (You have to obtain permits to construct houses or drive automobiles, but that doesn't make people claim such activities are "illegal.")
The guy in Colorado who was jailed for 30 days in 2012 had been denied his permit, but went ahead and built three giant reservoirs anyway -- in other words, his real offence was defying the state regulatory agency.
So, I'm not all stirred up that "they" are out to get me.
Firemanbuck
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According to this: HARRINGTON v. WATER RESOURCES DEPARTMENT - FindLaw the Oregon watershed in which Harrington resides was closed to all water appropriation in 1925 after the State ruled that the waters are all appropriated for use by the City of Medford. Any diversion of water in that basin, therefore, other than by the City of Medford would be illegal.
This guy apparently had dug two ponds and was enjoying them, then went for a permit to dig another one. After first approving the permits, the State then reversed their decision and said no to the third and instructed him to open the headgates on the other two. On google earth, there are three very large ponds visible, so he was obviously thumbing his nose at the State.
This guy apparently had dug two ponds and was enjoying them, then went for a permit to dig another one. After first approving the permits, the State then reversed their decision and said no to the third and instructed him to open the headgates on the other two. On google earth, there are three very large ponds visible, so he was obviously thumbing his nose at the State.
SirReal63
Platinum Member
My experience, never take any news story as truth, every last one of them has their own agenda and have no compunction about spinning any story to the way they want you to read, and believe it. Do your own research, it usually pays off. I am deeply conservative yet I do not trust any of the news services. We are blessed with a wealth of information at our finger tips, enough to research anything and make your own conclusions.
